Supreme Court Orders Compensation to Families of Sewer Cleaning Victims Within Three Weeks

  WASH Khabar Correspondent  321 पटक हेरिएको

New Delhi: The Supreme Court of India has directed all states and union territories to mandatorily provide compensation to the families of those who die while cleaning sewers or septic tanks manually, within three weeks of the incident.

According to the court’s order dated October 29, if the compensation is not distributed within three weeks, the concerned departmental secretary (Public Works Department) will be required to appear before the court.

As reported by Hindustan Times, the bench comprising Justice Aravind Kumar and Justice N.V. Anjaria issued the order after reviewing the implementation status of its earlier directive from October 20, 2023.

Over the past five years, at least 347 people have lost their lives in India while cleaning sewers and septic tanks. It is noteworthy that India had already banned manual scavenging in 1993.

In its 2023 directive, the Supreme Court had asked all states and union territories to take every possible measure to eradicate the inhumane practice of manual scavenging.

At that time, the court also increased the compensation amount for families of those who die while cleaning sewers or drains from ₹10 lakh to ₹30 lakh. However, it was not clear whether this new compensation amount would also apply to cases that had occurred prior to the order.

During Wednesday’s hearing, the court stated: “This court has already issued orders regarding compensation and the quantum of amount, yet the question remains whether ₹10 lakh or ₹30 lakh should be paid. We see no reason why the states and union territories should not pay at least ₹10 lakh.”

The court further clarified that if the compensation is not distributed within three weeks, the concerned secretary must appear before the court.

Additionally, the Supreme Court indicated that for deaths occurring after its latest order, the concerned state or union territory must mandatorily pay ₹30 lakh as compensation.

If the victim becomes disabled while cleaning a sewer, the state must pay at least ₹10 lakh, and if the disability is permanent, the compensation amount should be ₹20 lakh.

This directive came during the hearing of a Public Interest Litigation (PIL) filed by Balram Singh, who sought effective implementation 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 expressed serious concern that both these laws exist only on paper and have not been effectively implemented in practice. It therefore directed the central government to issue instructions to all relevant bodies  including corporations, railways, cantonments, and other government agencies to take step-by-step measures to completely eliminate manual sewer cleaning.

According to court records, at least 347 people have died in the last five years while cleaning sewers and septic tanks. Despite the legal bans in 1993 and the stricter provisions under the 2013 Act, this inhumane practice continues in various parts of the country.

Under the Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013, sending any person inside a sewer is completely prohibited. However, if it becomes absolutely necessary, 27 safety protocols must be followed.

Unfortunately, continuous violations of these safety norms have led to repeated deaths of sanitation workers during sewer cleaning operations.


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