Delhi High Court takes suo-moto cognizance of deaths during Manual Scavenging

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Synopsis

The Delhi High Court took suo moto cognizance of the issue of manual scavenging in view of a news report wherein it was reported that two 'safari staffers' fell unconscious inside a sewer and died later on. 

The Delhi High Court on Monday took suo-moto cognizance of the issue of killings due to manual scavenging in view of the recent killing of two 'Safai staffers'. The High Court has taken cognizance on the basis of a news report published by the Times of India.

A bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad appointed Senior Advocate Rajshekhar Rao as the Amicus Curiae in the matter while issuing notice against the Municipal Corporation of Delhi and others, returnable within one week.

As per the news report, a sweeper died while clearing a blocked sewer after falling unconscious, and also, a security guard who entered the sewer to save the sweeper also fell unconscious and died inside. 

Chief Justice Sharma said, " I'll provide the necessary documents to Sr Adv Rao as earlier, I have decided two matters in different states wherein as soon as a person dies due to manual scavenging his/ her legal heir is entitled to a compensation of Rs. 10 Lakh and a job."

It may be noted that earlier, the Centre informed the high court that its initiatives have reduced the number of deaths during sewer and septic tank cleaning, and it is concerned about ensuring the ban on manual scavenging is enforced.

A short affidavit was filed by the Central Government through its Department of Social Justice and Empowerment in response to a PIL filed in 2019 by Advocate Amit Sahni, seeking strict compliance with the Prohibition of Employment as Manual Scavengers and Their Rehabilitation Act, 2013 to prevent deaths caused by manual cleaning of septic tanks and sewers.

Apart from that, in 2021 the Supreme Court while issuing notice in a plea, stated, "The Manual Scavengers are subjected to inhuman working conditions by being exposed to diseased sewages and pits; wherein the said scavengers are forced to work without any protective gears. The aforementioned unsafe working conditions result in either the manual scavengers contracting chronic or acute diseases or suffering injuries, for which no medical-care facilities are in place; or may result in the unfateful and untimely demise of the manual scavengers, wherein in majority of the cases even compensation by the concerned State is not awarded to the next of kin.”,