Delhi High Court Directs State Government To Strictly Comply With Supreme Court's Judgment On Manual Scavenging
The Delhi High Court has directed the Government of Delhi to strictly comply with the directions passed by the Supreme Court in the case of Balram Singh v Union of India and Others.
The Court disposed of a set of Writ Petitions seeking strict compliance with the provisions of the Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013 (PEMSR Act) and Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition) Act, 1993 (Act, 1993).
“The Government of NCT of Delhi, the Delhi Jal Board, the Municipal Corporation of Delhi, and all other authorities are directed to strictly comply with the judgment delivered by the Hon’ble Supreme Court in Balram Singh (supra)”, the Bench headed by Chief Justice Satish Chandra Sharma and comprising Justice Tushar Rao Gedela ordered.
Advocate Ajjay Aroraa appeared for the Municipal Corporation of Delhi (MCD), Standing Counsel Santosh Kumar Tripathi appeared for the State, Additional Standing Counsel Rahul Sharma for the New Delhi Municipal Corporation (NDMC), and Advocate Shobhna Takiar for the Delhi Development Authority (DDA).
The Petitioner approached the Court by way of Writ Petitions for strict enforcement of the provisions of the Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013 (PEMSR Act) and Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition) Act, 1993 (Act, 1993). The NDMC contended that the case stood concluded in light of the Supreme Court's Judgment in the case of Balram Singh (supra).
The Court referred to the case of Balram Singh (supra) and noted that the Apex Court had issued various directions for the strict enforcement of the PEMSR Act and Act, 1993. The Court observed that the Apex Court had enhanced the compensation amount for sewer deaths from Rs. 10 Lakhs to Rs. 30 Lakhs.
“The Hon’ble Supreme Court in the aforesaid judgment has issued various directions for strict enforcement of the 1993 Act and the PEMSR Act. The Apex Court has enhanced the compensation amount for sewer deaths from Rs. 10 Lakhs to Rs. 30 Lakhs, and in case of sewer victims suffering disabilities, the compensation is to be fixed depending on the severity of the disabilities. The minimum compensation to be awarded to sewer victims suffering from disabilities has been fixed at Rs. 10 Lakhs and in case the disability is permanent and renders the victim economically helpless, the compensation must not be less than Rs. 20 Lakhs. The Apex Court has issued various other directions to ensure that the practice of manual scavenging stands completely eradicated”, the Court held.
Accordingly, the Court disposed of the Petitions.
Cause Title: Ashok Agarwal v UOI & Ors. (2023:DHC:8013-DB)
