Delhi High Court: A petition was filed for strict enforcement of the provisions of the Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013 (“PEMSR Act”) and the Rules framed thereunder. A division bench of Satish Chandra Sharma, CJ., and Tushar Rao Gedela, J., directed the Government of NCT of Delhi, the Delhi Jal Board, the Municipal Corporation of Delhi to strictly comply with the directions as laid down by the Supreme Court in Balram Singh v. Union of India, 2023 SCC OnLine SC 1386.
The issues involved in the present case stand concluded on account of the judgment delivered by the Supreme Court in Balram Singh v. Union of India, 2023 SCC OnLine SC 1386. A specific prayer was made for the implementation of the Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition) Act, 1993 and the PEMSR Act, 2013, and for the imposition of a blanket ban on manual scavenging, besides other reliefs.
The Court noted that on perusal of the Balram Singh judgment (supra), it is stated that Supreme Court has issued various directions for strict enforcement of the 1993 Act and the PEMSR Act. The Supreme 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 Supreme Court has issued various other directions to ensure that the practice of manual scavenging stands completely eradicated.
The Court directed the Government of NCT of Delhi, the Delhi Jal Board and the Municipal Corporation of Delhi to strictly comply with the judgment and its directions laid down by Supreme Court.
[Ashok Agarwal v Union of India, 2023 SCC OnLine Del 7114, decided on 02-11-2023]
Advocates who appeared in this case :
Mr. Ajjay Aroraa and Mr. Kapil Dutta, Advocates for MCD.
Mr. Santosh Kumar Tripathi, SC, GNCTD with Mr. Arun Panwar, Mr. Pradyumn Rao, Mr. Utkarsh Singh, Mr. Kartik Sharma, Ms. Prashansa Sharma and Mr. Rishabh Srivastava, Advocates.
Mr. Rahul Sharma, ASC, NDMC with Mr. Ayush Bhatt, Advs for NDMC. Mrs. Shobhna Takiar, Adv for DDA
