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Synopsis

The Delhi High Court has directed the Delhi government and Municipal Corporation of Delhi (MCD) to ensure compliance with the decision of the Supreme Court on strict implementation of the law for the eradication of manual scavenging.

A division bench of Chief Justice Satish Chandra Sharma and Justice Tushar Rao Gedela observed that the top court has passed various directions on the issue, including an enhanced compensation amount of Rs 30 lakh for sewer deaths and a minimum Rs 20 lakh compensation in cases of permanent disability.

“The apex court has issued various other directions to ensure that the practice of manual scavenging stands completely eradicated. The Government of NCT of Delhi, the Delhi Jal Board, the Municipal Corporation of Delhi, and all other authorities are directed to strictly comply with the judgment delivered by the Hon'ble Supreme Court,” the court said.

“The apex court has enhanced the compensation amount for sewer deaths from Rs 10 lakh to Rs 30 lakh, and in case of sewer victims suffering disabilities, the compensation is to be fixed depending on the severity of the disabilities. The minimum compensation to be awarded to sewer victims suffering from disabilities has been fixed at Rs 10 lakh and in case the disability is permanent and renders the victim economically helpless, the compensation must not be less than Rs 20 lakh,” the bench observed.

The court was dealing with a batch of petitions seeking strict enforcement of the provisions of the Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013 (PEMSR Act) and its rules.

The bench observed that in view of the Supreme Court's order, which was passed while dealing with a prayer for the implementation of the Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition) Act, 1993, and the PEMSR Act and for the imposition of a blanket ban on manual scavenging, no further orders were required to be passed on the present batch of petitions.

“The Hon'ble Supreme Court, in the aforesaid judgment, has issued various directions for strict enforcement of the 1993 Act and the PEMSR Act... In light of the aforesaid judgment delivered by the Hon'ble Supreme Court, no further orders are required to be passed in the present writ petitions, and the same are, accordingly, disposed of,” the court said.

Case Title: Ashok Agarwal v. UOI & Ors. (a batch of petitions)