Delhi High Court Allows Plea Of Manual Scavenger’s Widow For Increase In Compensation From 10 To 30 Lacs

The petitioner had approached the court assailing grant of compensation to the tune of Rs.10 lacs. Besides enhancement in compensation, she had sought a direction to concerned agencies to provide her full rehabilitation including employment, as well as education to her children and skill training in terms of the decision in Balram Singh.

The Supreme Court in Balram Singh had directed the Union and States to ensure increase in compensation for sewer deaths in the following terms:

“The court hereby directs the Union and the States to ensure that the compensation for sewer deaths is increased (given that the previous amount fixed, i.e., Rs. 10 lakhs) was made applicable from 1993. The current equivalent of that amount is Rs. 30 lakhs. This shall be the amount to be paid, by the concerned agency, i.e., the Union, the Union Territory or the State as the case may be. In other words, compensation for sewer deaths shall be Rs. 30 lakhs. In the event, dependents of any victim have not been paid such amount, the above amount shall be payable to them. Furthermore, this shall be the amount to be hereafter paid, as compensation.”

On the aspect of rehabilitation, the Supreme Court had directed:

“The Union, State and Union Territories are directed to ensure that full rehabilitation (including employment to the next of kin, education to the wards, and skill training) measures are taken in respect of sewage workers, and those who die”.

Considering the decision in Balram Singh, Justice Subramonium Prasad ordered that the directions passed therein shall apply mutatis mutandis to the petitioner’s case and be implemented within 2 months.

Advocates Pawan Reley, Akshay Lodhi and Simran Singh appeared for petitioner

Advocate Sweta Priya appeared for MCD

ASC Anuj Aggarwal, GNCTD appeared with Advocates Aakash Dahiya and Yash Upadhyay for respondent Nos.2 and 6

SC Sangeeta Bharti, DJB appeared with Advocates Malvi Balyan and Aarushi Behl for respondent No.3

ASC Vaibhav Agnihotri with Advocates Garima Khanna and Ankita Sarangi appeared for NDMC

Case Title: Preeti v. Union of India & Ors.

Citation: 2023 LiveLaw (Del) 1172