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Synopsis

The Delhi High Court on Friday directed the Delhi Government to file an affidavit on the payment of compensation to the kins of two 'safai staffers' who recently died during manual scavenging.

A bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad asked the government to clarify whether the compensation of Rs. 10 Lakhs provided to the kins was in consonance with the apex court's order or a different scheme.

The order was passed in a matter wherein the High Court had taken suo-moto cognizance of the issue of killings due to manual scavenging. The High Court had taken cognizance on the basis of a news report published by the Times of India.

The court has also sought clarification on whether this compensation is provided to every employee dying during similar incidents. 

Earlier, the High Court had directed Delhi Development Authority to provide Rs. 10 Lakh compensations to kins of people who died while cleaning a clogged sewer. The Court had said, "It is very unfortunate that even after 75 years of independence people are being used as Manual Scavengers."

The High Court had 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 fell unconscious and died inside. 

Chief Justice Sharma had then 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.

The 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 the majority of the cases even compensation by the concerned State is not awarded to the next of kin.”

Case Title: Court on its motion