Delhi High Court: In a writ petition filed by the families of three sanitation workers who died while cleaning a drain, Sachin Datta, J., enhanced compensation from Rs. 10,00,000/- to Rs. 30,00,000/- for each family. The Court highlighted that the enhanced compensation of Rs. 30,00,000/- was based on the current equivalent of the amount previously fixed in 1993, and thus, was more appropriate.
Background
In 2017, three sanitation workers died while cleaning a drain on Jal Vihar Road, Delhi. The workers were engaged by a sub-contractor of the Delhi Jal Board (DJB), the second respondent herein. The petitioners included the widow of one of the deceased workers and the brothers of another deceased worker. Initially, the families were awarded a compensation of Rs. 10,00,000/- for each deceased worker. The petitioners sought an enhancement of this compensation to Rs. 30,00,000/-, arguing that the existing amount was insufficient and outdated.
Decision and Analysis
The Court noted that the issue of manual scavenging had been addressed in landmark Supreme Court judgments, which called for comprehensive rehabilitation and increased compensation for the affected workers and their families.
The Court referred to Safai Karamchari Andolan v. Union of India, (2014) 11 SCC 224, wherein the Supreme Court had outlined several measures for the rehabilitation of manual scavengers, including one-time cash assistance, scholarships for their children, housing assistance, skill training, and alternative employment opportunities. Furthermore, it mandated that families of those who died in sewer-related work should receive a compensation of Rs. 10,00,000/-.
The Court further referred to subsequent judgment in Balram Singh v. Union of India, 2023 SCC OnLine SC 1386 and emphasized that this amount, fixed in 1993, was no longer adequate and should be updated to Rs. 30,00,000/-, and that the enhanced compensation of Rs. 30,00,000/- was based on the current equivalent of the amount previously fixed in 1993. The Court, aligning with the reasoning of the Supreme Court, held that confining the compensation to Rs. 10,00,000/- would indeed be a travesty of justice. It highlighted that the enhanced compensation of Rs. 30,00,000/- was based on the current equivalent of the amount previously fixed in 1993, and thus, was more appropriate.
The Court directed that the petitioners, being the family members of the deceased sanitation workers, were entitled to a compensation of Rs. 30,00,000/-. The State was ordered to disburse these amounts within eight weeks from the date of the judgment.
[Rekha v. State (NCT) of Delhi, 2024 SCC OnLine Del 3683, decided on 13-05-2024]
Advocates who appeared in this case :
Advocates for Petitioners: Pawan Reley, Akshay Lodhi, Simran Singh, Vivek Gupta.
Advocate for Respondents: Ripin Sood, Amit Sharma, Monika Arora, CGSC, Subhrodeep Saha, Puja Kalra, SC, Virendra Singh.
