In a significant directive, the Supreme Court has mandated that all states and Union Territories must provide compensation to the families of individuals who have died due to manual scavenging within a strict three-week timeframe. This order was issued during a court hearing monitoring the implementation of previous directions aimed at eradicating the hazardous practice.
The court, presided over by justices Aravind Kumar and NV Anjaria, noted the gravity of the situation, which has led to numerous deaths across the country. In a move to offer greater support to the affected families, the compensation amount has been enhanced. Previously, the compensation for deaths occurring while cleaning sewers or drains was set at ₹10 lakh, a figure applicable since 1993. The new judgment proposes to increase this to ₹30 lakh.
While the specifics regarding whether the increased amount applies to past deaths are still under consideration, the bench emphasized the immediate need for financial relief. The court stated, “we do not find any reason why states and UTs should not pay at least ₹10 lakh” pending further deliberation. This minimum compensation is to be disbursed within three weeks, with a stern warning that concerned secretaries will be required to appear before the court if the directive is not followed.
Furthermore, the Supreme Court highlighted that if a death occurred after its previous judgments on the matter, the concerned state or UT would be obligated to pay the amount fixed by the apex court. The court also addressed cases of disability arising from sewer-related work, stipulating a minimum compensation of ₹10 lakh for injuries and ₹20 lakh for permanent disabilities.
Assisted by senior advocate K Parameshwar as amicus curiae, the court also stressed the importance of rehabilitation for victims and their families. This includes provisions for scholarships and skill development training for the kin of those who lost their lives.
These directives stem from a public interest litigation filed by Balram Singh, who sought stringent enforcement of laws designed to prohibit manual scavenging and ensure the rehabilitation of its victims, including 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 acknowledged that despite existing legislation, implementation has often been superficial. Consequently, it directed the Union government to take appropriate measures and issue clear instructions to all statutory bodies, corporations, railways, and other controlled agencies to completely eradicate manual sewer cleaning in a phased manner.
The urgency of the matter is underscored by recent data, which indicates that at least 347 people have died while cleaning sewers and septic tanks in India over the past five years. Uttar Pradesh, Tamil Nadu, and Delhi account for a significant portion, approximately 40%, of these tragic fatalities, according to government information presented in the Lok Sabha in July 2022.