The Delhi High Court’s decision to increase compensation for the families of manual scavenging victims is a significant step towards addressing the injustices faced by these workers and their loved ones. By adhering to the Supreme Court’s directives, the court has recognized the need for adequate compensation and rehabilitation measures.
NEW DELHI: On Friday (18th May): The plight of manual scavengers and their families, the Delhi High Court has ordered city authorities to pay Rs 30 lakh in compensation to each of the families of three sanitation workers who died during manual scavenging in 2017.
The decision came in response to a petition by the victims’ families, seeking higher ex gratia payments following a Supreme Court ruling in 2023, which increased the compensation for manual scavenging victims’ families from Rs 10 lakh to Rs 30 lakh.
Justice Sachin Datta emphasized
“Moreover, the Union and State governments were directed to ensure that the rehabilitation measures were taken with respect to sewage workers, including the family of those who have lost their lives. Specifically, it was directed that the compensation of Rs 10 lakh that was given to the family members of the deceased workers be enhanced to Rs 30 lakh”
Justice Sachin Datta of the Delhi High Court noted
“Any disregard or violation of this would result in strict consequences, as outlined in the Supreme Court’s verdict,” it stated.
The High Court asserted that the Supreme Court’s directives, restrictions, and prohibitions also apply to the Delhi Jal Board (DJB) and any agency that engages for sewage collection or related activities in Delhi. Any violation of these directives would result in strict consequences as outlined by the Supreme Court.
The High Court remarked that limiting the compensation for the families of deceased scavenging workers to Rs 10 lakh would undermine the Supreme Court’s intention to increase the amount to Rs 30 lakh, recognizing that the previously fixed compensation of Rs 10 lakh, set in 1993, was insufficient.
Background
The three sanitation workers tragically lost their lives in August 2017 while cleaning a drain in Lajpat Nagar. They were employed by a sub-contractor for the Delhi Jal Board. Initially, the families received Rs 10 lakh in compensation, but they filed a petition to raise the amount to Rs 30 lakh, in accordance with the Supreme Court’s directive.
The Supreme Court, in its ruling, made the directives applicable to all statutory bodies, including corporations, railways, cantonments, and related agencies. The Union and State governments were specifically directed to ensure rehabilitation measures for sewage workers and their families, including enhanced compensation.
The High court emphasized
“The same would defeat the directions of the Supreme Court to enhance the compensation to Rs 30 lakh on the basis that the previously fixed compensation of Rs 10 lakh was fixed as far back as in the year 1993 and could not be considered to be an adequate compensation,”
The families of the deceased sanitation workers were rightfully entitled to the enhanced compensation of Rs 30 lakh. The High court ordered the remaining amount to be paid to the family members within eight weeks.
Counsel for the Petitioners Mr. Pawan Reley, Mr. Akshay Lodhi, Ms. Simran Singh, and Mr. Vivek Gupta, Advocates
The Respondents Counsel Mr. Ripin Sood, Advocate for R-1 GNCTD; Mr. Amit Sharma, Advocate for R-2/DJB; Ms. Monika Arora, CGSC, and Mr. Subhrodeep Saha, Advocate for UOI; Ms. Puja Kalra, SC, and Mr. Virendra Singh, Advocate for MCD
The Supreme Court, recognizing the inhumane conditions faced by manual scavengers, has been actively pushing for the eradication of manual scavenging across the country. In October of the previous year, the court directed the Centre and State Governments to take comprehensive measures to eliminate manual scavenging. It also instructed them to provide Rs 30 lakh as compensation to the next of kin of those who die while cleaning sewers.
Case Title REKHA AND ORS v. GOVT OF NCT OF DELHI AND ORS
