'Completely Eradicate Manual Scavenging' : Supreme Court Directs Union & States; Increases Compensation For Sewer Deaths To Rs 30 Lakh

The Supreme Court on Friday (October 20) issued a categorical direction to the Union Government and all State Governments to ensure the complete eradication of the practice of manual scavenging.Expressing grave anguish at the continuance of this abhorrent practice in India, the Supreme Court directed that the compensation in cases of sewer deaths must be increased to Rs.30 lakhs. In cases of permanent disablement arising from sewer operations, the Court directed the increase of compensation to Rupees 20 lakhs and for other forms of disablement, the compensation must be not less than Rs 10 lakhs.A bench comprising Justices S Ravindra Bhat and Aravind Kumar also issued a slew of fourteen directions to the Union and State Governments for the effective implementation of the Prohibition of Employment as Manual Scavengers and their Rehabilitation Act 2013. The bench also directed active measures for the rehabilitation of the victims and their families, ensuring their scholarships and other skill programs. The bench was pronouncing the judgment in the case Dr.Balram Singh v. Union of India, which is a Public Interest Litigation filed against the employment of manual scavengers."Ours is a battle not for wealth of power. It is a battle for freedom. It is a battle for reclamation of human personality" - these words of Dr.Ambedkar were quoted by Justice Bhat while pronouncing the judgment."If you have to be truly equal in all respects, the commitment that Constitution makers gave to all sections of society by entrenching emancipatory provisions such as Articles 15(2), 17 and 23 and 24, each of us must live up to its promise. Union and States are duty bound to ensure that the practice of manual scavenging is completely eradicated. Each of us owe to this large segment of the population, who have remained unseen, unheard and muted, in bondage systematically trapped in inhuman conditions. The conferment of entitlements and placement of obligations upon the Union and States through the express prohibitions in the Constitution and provisions of the 2013 Act mean that they are obliged to implement the provisions in the letter and spirit," Justice Bhat read out the operative portion of the judgment."Upon all of us citizens lie the duty of realising true fraternity. It is not without reason that our Constitution has placed great emphasis on the value of dignity and fraternity. But for these two, all other liberties are chimera. All of us today who proudly bask in the achievements of our republic have to awake and arise so that the darkness which has been the fate of generations of our people is dispelled and they enjoy these freedoms and justice- social, economic and political- that we take for granted," Justice Bhat read out from the judgment.The matter will be next posted on February 1, 2024 for further monitoring.The directions are as follows :(1) The Union should take appropriate measures and frame policies, and issue directions, to all statutory bodies, including corporations, railways, cantonments, as well as agencies under its control, to ensure that manual sewer cleaning is completely eradicated in a phased manner, and also issue such guidelines and directions as are essential, that any sewer cleaning work outsourced, or required to be discharged, by or through contractors or agencies, do not require individuals to enter sewers, for any purpose whatsoever; (2) All States and Union Territories are likewise, directed to ensure that all departments, agencies, corporations and other agencies (by whatever name called) ensure that guidelines and directions framed by the Union are embodied in their own guidelines and directions; the states are specifically directed to ensure that such directions are applicable to all municipalities, and local bodies functioning within their territories; (3) 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; (4) 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., 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 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. (5) Likewise, in the case of sewer victims suffering disabilities, depending upon the severity of disabilities, compensation shall be disbursed. However, the minimum compensation shall not be less than 10 lakhs. If the disability is ₹ permanent, and renders the victim ...

'Completely Eradicate Manual Scavenging' : Supreme Court Directs Union & States; Increases Compensation For Sewer Deaths To Rs 30 Lakh

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