Rs 30 Lakhs Compensation For Manual Sewer Cleaning Deaths Before To 'Balram' Judgment If Unpaid : Supreme Court Clarifies

The Supreme Court recently clarified that its judgment, in which compensation for death caused due to manual scavenging and manual sewer cleaning was enhanced to Rs. 30 lakhs, would apply to cases in which deaths had occurred before the judgment, if compensation not been determined and paid. The Supreme Court in Balram's judgment, passed in October 2023, enhanced the compensation for manual scavening and sewer cleaning deaths from Rs. 10 lakhs to Rs. 30 lakhs.The clarification came in an application filed by the National Legal Services Authority (NALSA), which argued that divergent views have been expressed by different High Courts on the quantum of compensation to be paid. While the Madras High Court in one case ordered a compensation of Rs. 10 lakhs, the Delhi High Court enhanced the compensation to Rs. 30 lakhs.As per NALSA, two possible interpretations could arise- first, if death occurred prior to October 20, 2023(date of Balram judgment), and those who have already been paid compensation would be entitled to additional compensation of Rs 20 lakhs in terms of Balram's judgment. Second, if the death occurred prior to October 20, 2023, and has already been paid, they shall not be entitled to additional compensation.In light of this application, a bench comprising Justice Aravind Kumar and Justice PB Varale, in its order on January 20, clarified:1. In cases where compensation has already been determined and paid, such cases would not be reopened.2. In cases where death occurred prior to the judgment, and if compensation has not been determined or paid, the authorities would be required to pay Rs. 30 lakhs.Furthermore, the bench noted that there has been no progress in filling the vacant positions at the National Safai Karamchai. It noted that the Union, through the Solicitor General Tushar Mehta and Additional Solicitor General Aishwarya Bhati had assured that the positions should be filled before the expiry of March 2025. However, nothing has happened so far, it noted. Since ASG Bhati had made a fervent plea that the Union Government would file an affidavit stipulating the timeline within which the appointments would be made within 2 days, the Court allowed the application.The Court also directed that the matter where compensation of Rs. 30 lakhs has been claimed in a manual scavenging case should be placed before the Chief Justice of India for appropriate orders. In this case, the person died before October 2023, when the compensation for manual scavenging death was Rs. 10 lakhs. The order was passed in a writ petition filed by Asha, the widow and dependent of a sewer cleaner who died on July 1, 2022, after inhaling poisonous gas while cleaning a septic tank. It is her case that she has not been given any compensation, even though the National Commission for Safai Karamcharies had passed an order in August 2023 itself. She has filed a writ petition seeking compensation in terms of the October 2023 judgment in which the Court had said: "(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.”Case Details: DR. BALRAM SINGH Vs UNION OF INDIA|W.P.(C) No. 324/2020Click Here To Read Order

Rs 30 Lakhs Compensation For Manual Sewer Cleaning Deaths Before To 'Balram' Judgment If Unpaid : Supreme Court Clarifies

Gursimran Kaur Bakshi

The Court issued the clarification on an application filed by the NALSA.

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