The Delhi High Court issued a notice to the wife of a deceased sanitation worker in response to an appeal filed by the Delhi Government. The Government is challenging an order to provide enhanced compensation to the woman. The court instructed the government to pay the increased amount within six weeks.
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NEW DELHI: On Friday (10th May): The Delhi High Court issued a notice to the wife of a deceased sanitation worker in response to an appeal filed by the Delhi Government. The Government is challenging an order that directed it to provide enhanced compensation of Rs 30 lakh to the woman. The court has asked the Government to pay the increased amount to the woman within six weeks.
The appeal by the Delhi Government is in response to an order passed in November 23, 2023, order issued by a single judge bench of the High Court. The order granted the plea of the deceased sanitation worker’s wife, who sought an enhancement of compensation from Rs 10 lakh to Rs 30 lakh. The increase in compensation was sought in accordance with the Supreme Court’s directives regarding compensation for the dependents of victims who lose their lives while engaged in manual scavenging.
Acting Chief Justice Manmohan and Justice Manmeet Pritam Singh Arora, a division bench of the Delhi High Court, have issued a notice to the deceased worker’s wife while instructing the government to pay the enhanced compensation amount to her. The bench has given the Government six weeks to make the payment.
“The appellants are instructed to pay the increased sum to the respondent within six weeks, without prejudice to their rights and contentions,” stated the bench.
“Proceed with the payment. We’ll see,” the bench verbally communicated to Santosh Kumar Tripathi, the standing counsel for the Delhi government.
The woman initially approached the High Court, claiming to be the widow of a sewer cleaner who died while performing manual scavenging work.
She relied on a Supreme Court decision in the case of Balram Singh v. Union of India and Ors., which provided directions for the implementation of compensation schemes for the dependents of manual scavenging victims.
The Court held in Balram Singh v Union of India and Ors
- The Court held that the Union should take adequate measures and frame policies to completely eradicate manual scavenging from society, and with the help of appropriate government and statutory bodies, the rehabilitation of the manual scavengers should be done by issuing the proper directions.
- The Court directed that the amount of compensation must be increased to Rs. 30 lakhs in the event of a sewer death, which is to be paid to the deceased family. The compensation shall also be paid in case of any disability to the worker.
- The government is duty-bound to ensure that there is no violation of Constitutional Articles 15, 17, 23, and 24; eradicate manual scavenging completely; and help the workers trapped in inhuman conditions.
In addition to seeking an increase in compensation, the woman also requested full rehabilitation, including employment opportunities, education for her children, and skill training, as outlined in the Supreme Court’s decision.
In the November order, the single judge bench of the High Court stated that the Supreme Court’s decision should be applied “mutatis mutandis” ( means “with the necessary changes being made”) to the woman’s case, and directed the State Government to implement it within two months of the order.
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“The writ petition is resolved with an instruction to the state government to enforce the aforementioned judgment in the current case as well,” stated the single judge bench.
The Government’s appeal argues that the single judge bench erred in applying a Supreme Court judgment that does not apply to the specific circumstances of the present case, as compensation of Rs 10 lakh was already paid in 2017.
Advocate Udit Malik, in the appeal filed on behalf of the Government, contends that the observations made by the Supreme Court in the Balram Singh case are not applicable in this instance, as the “intention of paying enhanced compensation amount is only applicable to a case where no compensation has been paid till date.”
The case is scheduled for the next hearing in October
The appeal further explains that the increased compensation amount from Rs 10 lakh to Rs 30 lakh is due to inflation.
“The specified amount, Rs. 30 lakh, is to be paid by the respective agency, whether it be the Union, Union Territory, or State. This amount stands as compensation for sewer deaths. If the dependents of any victim have not received this sum, it shall be payable to them. Additionally, this amount shall serve as the standard compensation for future cases,” stated the Supreme Court.
