Disheartening That Sewer Death Cases Still Reach Courts: Calcutta HC Raps KMC; Orders ₹30 Lakhs Compensation To Families Of Each Deceased Worker
The High Court held that municipal authorities cannot avoid statutory and constitutional liability for deaths caused by manual cleaning of sewers and directed payment of compensation, along with strict enforcement of safety safeguards to prevent recurrence of such incidents.
Acting Chief Justice Sujoy Paul, Justice Chaitali Chatterjee Das, Calcutta High Court
The Calcutta High Court has expressed grave concern over continued cases of deaths resulting from manual cleaning of drains and sewers still reaching the Courts, despite statutory prohibitions and judicial directions.
The High Court held that such incidents reflect failure on the part of authorities to ensure compliance with safety obligations under the Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013.
The Court was hearing a PIL seeking accountability, compensation and preventive measures following the death of sewer workers engaged to clear underground drainage. The authorities disputed their legal responsibility and asserted that negligence was attributable entirely to a private agency.
A Division Bench of Acting Chief Justice Sujoy Paul and Justice Chaitali Chatterjee Das, observed: “It’s disheartening to see cases of death and severe injury due to manual scavenging still plating in courts today. This issue is a stark reminder of the countries ongoing struggle to ensure basic human dignity and rights for all citizens despite significant progress in various fields. Manual scavenging is a grave, human right, concern and its persistence is a blot on the nation’s conscience”.
Advocates Raghunath Chakraborty and Alok Kr. Ghosh represented the petitioners and the respondents, respectively.
Background
The incident involved sewer workers deployed to clean a drainage line who suffered fatal and severe injuries caused by exposure to toxic gases and a lack of protective equipment. The Kolkata Municipal Corporation had engaged a private contractor for the work, but no Standard Operating Procedures or mandated safety mechanisms were adhered to.
The petitioners contended that such manual cleaning was illegal under the 2013 Act and in direct violation of Supreme Court directions mandating mechanised cleaning and compensation for victims in sewer-related deaths. They sought enforcement of statutory obligations and accountability from public authorities, including the municipal corporation.
Court’s Observation
The Calcutta High Court held that once negligence is admitted and a death has occurred in the course of sewer cleaning, the municipal corporation cannot escape statutory and constitutional liability by shifting responsibility to a private agency. The Bench found that the stand taken in the affidavit was contrary to the legal obligations imposed under the 2013 Act, which prohibits manual cleaning without safety safeguards.
“This court expresses concern about the stand taken by the authority, in their Affidavit in opposition, denying that there was any violation of fundamental or legal rights, which requires interference under Article 226 of the Constitution of India. Despite admitting the negligence committed, the KMC has tried to shift the negligence solely to the agency, and they cannot escape the liability and obligation cast upon them in accordance with law”, the Court remarked.
The Court observed that the right to life under Article 21 includes the right of workers to be protected against hazardous employment. It noted that authorities are under a continuing duty to ensure that mechanised systems are used, protective gear is provided, and workers are trained before execution of sewer works.
The Bench referred to binding directions of the Supreme Court in Safai Karamchari Andolan v. Union of India, which mandate a minimum compensation of ₹10 lakhs for each sewer death and call for mechanisation as the rule and manual entry only in exceptional circumstances with strict compliance of safety norms.
The Court held that non-implementation of statutory provisions and Supreme Court directives constitutes a violation of Articles 14 and 21 and warrants the exercise of writ jurisdiction under Article 226 to safeguard fundamental rights. It stressed that sewer deaths are entirely preventable, and persistent recurrence reflects systemic deficiency.
To prevent future incidents, the Bench directed the constitution of a Monitoring Committee to oversee compliance of operational and safety standards, including prohibition of manual scavenging, training of personnel and enforcement of protective measures in coordination with competent authorities.
Conclusion
The High Court directed the Kolkata Municipal Corporation to pay ₹30 lakhs to each of the families of the deceased workers, after adjusting the ₹10 lakhs already paid, within three months.
The Court further directed the respondents to file compliance reports before the Court and take steps to ensure strict adherence to safety protocols and statutory obligations in all sewer-related work henceforth.
Cause Title: Association for Protection of Democratic Rights & Another v. State of West Bengal & Others (Neutral Citation: 2025:CHC-AS:2121-DB)
Appearances
Petitioners: Advocates Raghunath Chakraborty, Mahaboob Ahmed
Respondents: Advocates Alok Kr. Ghosh, Subhrangsu Panda