By our order dated April 25, 1996, we had requested the Committee consisting of learned advocates Mr. H.M. Mehta, Mr. Girish Patel and Mr. B.N. Doctor to make a report on the alleged grievance about the inhuman and undignified practice of manual scavenging and dry latrines in Ranpur village. We had also mentioned in that order that, whether such practice is forbidden by law or not, the guarantee assuring the dignity of individual as enshrined in the Constitution requires that such practice should not exist anywhere. The Committee was, therefore, requested to find out the correct and true state of affairs which had been prevailing for all these years and the truth or otherwise of the averments made by the parties.
2.The Committee has submitted a report dated December 19, 1996. The report is taken in record. On page 13 of the report, the Committee has concluded as under:
"In sum, there was hardly any dispute on the question whether prior to raising of this issue before this Honourable Court through this petition, there did exist the practice of manually carrying nightsoil from the public latrines maintained in open places; i.e. latrine wadas. It could also not be disputed that manual cleaning was also applied at the built public latrines.
Our observations during our visit confirmed the existence of the practice of manual cleaning and carrying of nightsoil at the Wadas as also at the built public latrines."
On page 14 of the report, the Committee has indicated the causes for the aforesaid state of affairs. Firstly, there is no underground gutter in Ranpur with the result that it is not possible to have flush latrines. Secondly, there is no other facility provided by the panchayat for defecation, as there are no private latrines in Ranpur. The Committee has made certain recommendations for giving appropriate directions to Ranpur Gram Panchayat and to other public authorities and also suggested steps which may be taken by the Ranpur Gram Panchayat and other public authorities for solving the problem in question. The Committee has also made a reference to existence of such system in other parts of the State.
Ranpur Gram Panchayat, respondent No.6, is directed to show cause as to why directions suggested by the Committee in its report and other appropriate directions should not be issued against Ranpur Gram Panchayat in respect of system of manual scavenging.
The State Government is also directed to submit a report about the action which it proposes to take in light of the report as well as such other material as may be available with the State Government.
The Ranpur Gram Panchayat and the State Government shall submit their reports/affidavits by January 13, 1997.
S.O. to January 13, 1997. Direct service is permitted.
December 20, 1997(C.K.Thakker, J.) (M.S. Shah, J.) (swamy)