Persistence Of Manual Scavenging Blot On Nation’s Conscience: Calcutta High Court Orders Compensation For Death & Injury Of Labourers

The High Court was considering a Public Interest Litigation filed by the petitioner pertaining to unnatural deaths of four labourers and the injuries sustained by four other labourers who were engaged in de-silting of an underground sewer line in South Kolkata, which was carried out under the Kolkata Environment, Infrastructure Improvement Project (KEIIP), which functions under the KMC.

The Division Bench of Acting Chief Justice Sujoy Paul and Justice Chaitali Chatterjee Das thus ordered, “The Government must constitute a committee in terms of the Act of 2013, followed by the directions of the Hon’ble Apex Court issued in the case of Safai karmachari Andolon versus Union of India and others reported in and Dr Balaram Singh versus Union of India (supra) at the earliest but not beyond 30 days.”

The Bench also directed the respondent Authorities, "To pay an amount of ₹30 lakhs (minus 10 lakhs already paid) to each of the family members of the deceased workers and such amount to be paid within a period of three months from the date of this order."

Advocate Raghunath Chakraborty represented the Petitioner while Advocate Alok Kr. Ghosh represented the Respondent.

Factual Background

The first petitioner, being the Association for Protection of Democratic Rights Organisation (APDR), is a non-governmental organisation of conscious citizens, espousing various issues of public interest. The second petitioner is a non-civil rights activist and post-editorial contributor to vernacular newspapers. The petitioner became aware of the case of the death of manual scavengers at Khudghat. This involved the death of 4 persons and 3 persons sustaining serious injury.

The incident occurred in the year 2021, while the labourers were working on the de-silting of an underground sewer line in South Kolkata. This public interest litigation was thus filed with a prayer for an independent investigation to be conducted pertaining to the incident. Further prayer for interim compensation of at least ₹16 lakhs to each of the family members of the deceased victims and ₹5 lakhs to the injured victims was also made. The petitioner also sought a direction to take action against the persons found responsible for the incident in accordance with law.

Reasoning

The Bench, at the outset, stated, “The petitioner has espoused the cause of death of four manual scavengers/labourers and injury of three labourers on account laches and negligence on the part of the respondent authorities and it is shocking that this PIL has to be filed for ensuring the legitimate claims of the persons and family members in terms of the 1993 Act and the slew of directions issued by the Apex Court.”

“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”, the Bench further stated.

The Bench explained that there is a specific prohibition in Section 7 of the Act of 2013 from engaging or employing for hazardous cleaning of sewers and septic tanks, which bars any person or local authority or agency from engaging or employing either directly or indirectly, any person for hazardous cleaning of a sewer or a septic tank. “Pursuant to section 8 of the said act contravention of the said provision will attract penal action. In terms of the said act it was mandated that every state government shall by notification constitute a state monitoring committee consisting of the members, including the chief minister of a state or a minister nominated by the chief minister. Nothing can be found regarding constitution of any such committee”, it noted.

From the affidavit, the Bench gathered that on February 25, 2021, the Local Police Station received information about a drowning incident when the labourers of KEIIP were constructing an underground drainage system at Purba Putiyari outward pump house near Aikatan club. The police team rushed to the spot and learnt that seven labourers had gone inside the manhole and accidentally drowned. Immediately, they were picked up with the help of a fire brigade and DMG and sent to hospitals, but amongst them, 4 persons were declared as brought dead and other three persons were admitted, who subsequently were discharged after their treatment.

“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”, it added.

The Bench thus directed the respondent authorities to pay an amount of ₹5 lakh each to the victims who sustained injuries and also asked the authorities to pay an amount of ₹30 lakhs (minus 10 lakhs already paid) to each of the family members of the deceased workers. The Bench also ordered an independent investigation, to be conducted pertaining to the incident dated June 25, 2021 and a report be submitted to the Registrar general.

Cause Title: Association for Protection of Democratic Rights v. The State of West Bengal (Case No.: W.P.A.(P) 259 of 2021)

Appearance

Petitioner: Advocates Raghunath Chakraborty, Mahaboob Ahmed

Respondent: Advocates Alok Kr. Ghosh, Subhrangsu Panda

Click here to read/download Order