moot

1. 6th Annual
NALSAR - Justice Bodh Raj Sawhny
Memorial Moot Court Competition, 2012
September 28-30, 2012
Moot Problem

2. 6th Annual NALSAR - Justice B.R. Sawhny Memorial Moot Court Competition, 2012
1. In the year 2013, the Parliament of India passed the ‘Prohibition of Employment as
Manual Scavengers and their Rehabilitation Act, 2013’. The Act was introduced to ensure that
every insanitary latrine will have to be demolished or converted into sanitary latrines within nine
months of the notification of the law. It absolutely prohibits any agency or individual from
employing manual scavengers, and those already in this kind of job, will have to be discharged
irrespective of any contract, agreement, custom or traditional commitments. The governments or
the local agencies will help in conversion of insanitary latrines into sanitary ones within nine
months of the notification of the Act, but non-receipt of assistance for the purpose will be no
reason for continuation of insanitary latrines. Failing which, the local authorities will demolish
the structure and the cost of such demolition has to be borne by the occupier, in a manner which
will be prescribed in the Rules. Any violation of this provision will attract imprisonment up to
one year and a fine of ` 50,000 for the first offence and subsequent violations will attract
imprisonment of up to two years and a fine of ` One lakh. The offences will be cognizable and
non-bailable and tried by an Executive Magistrate.
2. Some relevant provisions of the Act are reproduced below:
Section 1 - Short title, application and commencement:
(1) This Act may be called the Prohibition of Employment as Manual Scavengers and their
Rehabilitation Act, 2013.
(2) It applies in the first instance to the whole of the States of Andhra Pradesh, Kerala and Tamil
Nadu, and to all the Union territories (including Delhi) and shall also apply to such other State
which adopts this Act by resolution passed in that behalf under clause (1) of Article 252 of the
Constitution.
(3) It shall come into force in the States of Andhra Pradesh, Kerala and Tamil Nadu and in the
Union territories (including Delhi) on such date as the Central Government may, by notification,
appoint, and in any other State which adopts this Act under clause (1) of Article 252 of the
Constitution, on the date of such adoption.
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3. 6th Annual NALSAR - Justice B.R. Sawhny Memorial Moot Court Competition, 2012
Section 51 - Repeal: The Employment of Manual Scavengers and Construction of Dry. Latrines
(Prohibition) Act, 1993, shall stand repealed from the date on which this Act is brought into
force in at least three states.
3. On 15.08.2013, the new Act was notified in the Official Gazette, by the Ministry of
Social Justice, Government of India. The notification stated that the Act was to come into force
immediately in the States of Andhra Pradesh, Kerala and Tamil Nadu and in the Union Territory
of Delhi.
4. On 01.09.2013, under orders of the Executive Magistrate, East Delhi, all dry latrines in
Lakshmi Nagar Colony, Delhi were demolished. Three persons, including Smt. Usha Rani, who
were employed as manual scavengers, were left unemployed as a result of the said demolition.
Smt. Usha Rani was a widow, whose husband had been a sewage worker with the Delhi Jal
Board. In 2012, her husband had died while cleaning a manhole, as result of inhaling poisonous
fumes. Smt. Usha Rani, within a few weeks of being unemployed was left homeless, and along
with her three children started living under the ITO Flyover in New Delhi.
5. On 02.10.2013, the Police arrested Smt. Usha Rani, when she was found soliciting alms
next to the ITO Flyover. She was produced in Court, a week thereafter, and along with her
children, was detained under the provisions of the Bombay Prevention of Begging Act, 1960 (X
of 1960). This Act had been extended to the Union Territory of Delhi (National Capital Territory
of Delhi) by G.S.R. 638, dated 2nd June, 1960.
6. On 15.10.2013, the Association for Emancipation of Manual Scavengers (AEMS), filed
W.P. No. 123 of 2013 before the Supreme Court of India under Article 32 of the Constitution of
India, challenging the provisions of the Bombay Prevention of Begging Act, 1960 (X of 1960)
making the Government of NCT of Delhi also a Respondent. It was stated that the writ petition
was being filed on behalf of Smt. Usha Rani and her children, and that the Act criminalized
poverty. The AEMS also filed W.P. No. 124 of 2013, seeking a declaration that the Prohibition
of Employment as Manual Scavengers and their Rehabilitation Act, 2013, was an Act in
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4. 6th Annual NALSAR - Justice B.R. Sawhny Memorial Moot Court Competition, 2012
furtherance of Article 17 of the Constitution of India, and therefore, ought to apply uniformly
throughout the country. Further, it was contended that the Union was competent to enact the law
even otherwise. They also sought a direction that the Act ought to be brought into force
expeditiously throughout the country.
7. The Petitioners will argue both the writ petitions. The Respondents will argue for the
Government of NCT of Delhi in the first petition and for the Union of India, in both the petitions.
The writs have been admitted and all questions including maintainability are to be urged at the
time of final hearing.
*This problem has been framed by Mr. K. Parameshwar, Advocate, Supreme
Court of India. Participants are forbidden from contacting the author under any
circumstances. Any attempt to do so will result in immediate disqualification.
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