Read Time: 07 minutes

Synopsis

The Delhi High Court on Thursday directed Delhi Development Authority to provide Rs. 10 Lakh compensations to kins of people who died while cleaning a clogged sewer. The High Court had taken suo-moto cognizance of the issue of deaths during manual scavenging in view of the recent killing of two 'Safai staffers'. 

A bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad said, "It is very unfortunate that even after 75 years of independence people are being used as Manual Scavengers."

The Court also directed the Delhi Development Authority to provide a compassionate appointment to the kins of the victims and directed that the same shall be communicated to the Court before the next date of hearing.

The bench was hearing the matter pertaining to the suo-moto cognizance taken on the issue of manual scavenging after the incident wherein two Safai staffers fell into the sewer and got killed after getting unconscious while cleaning clogged drainage.

Amicus Curiae Rajshekhar Rao informed the bench that this is the area where the Delhi Development Authority is responsible. Rao further submitted that another aspect is that they (the authority) lack a sense of apathy as they are trying to distance themselves from the responsibility saying that the deceased employees acted on their own.

The court has listed the matter for further hearing on November 14, 2022.

As per the news report, a sweeper had 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.

On the earlier date of hearing in the PIL, Chief Justice Sharma had 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 the Centre recently 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.

On the issue of manual scavenging, In 2021 the Supreme Court while issuing notice in a plea, had 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.”

Case Title: Court on Its Own Motion Vs. Municipal Corporation of Delhi & Ors.