The Crossbill Team
The Supreme Court has directed all states and Union Territories to ensure that compensation for deaths caused by manual scavenging is released within three weeks of each incident.
The order was issued on Wednesday (October 29) by a bench comprising Justices Aravind Kumar and N.V. Anjaria, as the apex court reviewed the progress made on its earlier directions from October 20, 2023.
Under the 2023 order, the court had mandated states and UTs to take every possible measure to eliminate the inhuman practice of manual scavenging, reported Hindustan Times.
It had also increased the compensation amount payable to families of those who die while cleaning sewers or drains from Rs. 10 lakh to Rs. 30 lakh.
However, the earlier judgment had not clarified whether the enhanced amount applied to deaths that occurred in the past.
“This court having passed an order of compensation and on quantum, the question whether Rs. 10 lakh or Rs. 30 lakh is to be paid is still at large, we do not find any reason why states and UTs should not pay at least Rs. 10 lakh,” the bench observed on Wednesday.
The court further warned that if compensation is not paid within three weeks, the concerned secretary of the public works department will be required to appear before the court. It also hinted that for deaths occurring after last year’s ruling, the higher compensation amount fixed by the Supreme Court would apply.
Additionally, the bench ruled that in cases where victims suffer disabilities while cleaning sewers, the state or UT must pay a minimum compensation of Rs. 10 lakh, and if the disability is permanent, the minimum payable amount would be Rs. 20 lakh.
These directions were issued during the hearing of a public interest litigation (PIL) filed by Balram Singh, who sought the enforcement of the Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition) Act, 1993 and the Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013.
The court noted that despite the existence of these legislations, implementation has largely remained on paper. It directed the Union government to take concrete steps and issue instructions to all statutory bodies, including municipal corporations, railways, cantonments, and other agencies under its jurisdiction, to ensure that manual cleaning of sewers is completely eradicated in a phased manner.
Citing official data, the court observed that at least 347 people have lost their lives while cleaning sewers and septic tanks in the last five years.
The order was issued on Wednesday (October 29) by a bench comprising Justices Aravind Kumar and N.V. Anjaria, as the apex court reviewed the progress made on its earlier directions from October 20, 2023.
Under the 2023 order, the court had mandated states and UTs to take every possible measure to eliminate the inhuman practice of manual scavenging, reported Hindustan Times.
It had also increased the compensation amount payable to families of those who die while cleaning sewers or drains from Rs. 10 lakh to Rs. 30 lakh.
However, the earlier judgment had not clarified whether the enhanced amount applied to deaths that occurred in the past.
“This court having passed an order of compensation and on quantum, the question whether Rs. 10 lakh or Rs. 30 lakh is to be paid is still at large, we do not find any reason why states and UTs should not pay at least Rs. 10 lakh,” the bench observed on Wednesday.
The court further warned that if compensation is not paid within three weeks, the concerned secretary of the public works department will be required to appear before the court. It also hinted that for deaths occurring after last year’s ruling, the higher compensation amount fixed by the Supreme Court would apply.
Additionally, the bench ruled that in cases where victims suffer disabilities while cleaning sewers, the state or UT must pay a minimum compensation of Rs. 10 lakh, and if the disability is permanent, the minimum payable amount would be Rs. 20 lakh.
These directions were issued during the hearing of a public interest litigation (PIL) filed by Balram Singh, who sought the enforcement of the Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition) Act, 1993 and the Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013.
The court noted that despite the existence of these legislations, implementation has largely remained on paper. It directed the Union government to take concrete steps and issue instructions to all statutory bodies, including municipal corporations, railways, cantonments, and other agencies under its jurisdiction, to ensure that manual cleaning of sewers is completely eradicated in a phased manner.
Citing official data, the court observed that at least 347 people have lost their lives while cleaning sewers and septic tanks in the last five years.
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