Delhi HC Enhances Compensation For Families Of Deceased Manual Scavengers To ₹30,00,000
|The Delhi High Court enhanced the compensation for the families of three sanitation workers who had died while cleaning a drain.
The Bench relied on Apex Court’s decision in Balram Singh v. Union of India 2023 SCC OnLine SC 1386 which provided directions for the implementation of the provisions of the Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition) Act, 1993 and Prohibition of Employment as Manual Scavengers and Their Rehabilitation Act, 2013.
A Single Bench of Justice Sachin Datta observed, “Considering the reasoning given by the Supreme Court in para 104(4) of the judgment in Balram Singh (supra), it would be a travesty if the entitlement of the family members of the deceased scavenging workers is confined to Rs.10,00,000. The same would defeat the directions of the Supreme Court to enhance the compensation to Rs. 30,00,000/- on the basis that the previously fixed compensation of Rs.10,00,000/- was fixed as far back as in the year 1993 and could not be considered to be an adequate compensation.”
Advocate Pawan Reley represented the petitioners, while CGSC Monika Arora appeared for the respondents.
The petition was filed by the family members of three sanitation workers/manual scavengers engaged by a sub-contractor Delhi Jal Board (DJB) who died while cleaning a drain. The family had prayed for an enhanced compensation of Rupees 30 lakhs instead of 10 lakhs already awarded.
The High Court noted that the directions in Balram Singh (supra) issued were expressly made applicable to all the statutory bodies including corporations, railways, cantonments as well as the agencies under its control. Specifically, the compensation given to the family members of the deceased workers was enhanced.
In Balram Singh's case (supra), the Supreme Court had recognised the inadequacy of the compensation set in 1993 and accordingly raised it considering the “current equivalent” in the present. Therefore, the High Court applied this precedent, acknowledging that the compensation awarded was inadequate.
“Necessarily, the ameliorative directions, strictures and the embargo imposed by the Supreme Court are applicable to the DJB as also to any agency (by whatsoever name it is called) that may be engaged by DJB within any part of Delhi in connection with the work relating to the collection of sewage and/or carrying out works in connection therewith,” the Court remarked.
Accordingly, the High Court allowed the appeal.
Cause Title: Rekha & Ors. v. Govt of NCT of Delhi & Ors. (Neutral Citation: 2024:DHC:3958)
Appearance:
Petitioners: Advocates Pawan Reley, Akshay Lodhi, Simran Singh and Vivek Gupta
Respondents: CGSC Monika Arora; SC Puja Kalra; Advocates Ripin Sood, Amit Sharma, Subhrodeep Saha and Virendra Singh