Manual scavenging a blot on nation's conscience: Calcutta High Court orders ₹30 lakh compensation

The Calcutta High Court recently pulled up the Kolkata Municipal Corporation (KMC) and the State authorities for evading their liability when it came to compensating the families of four workers who died while carrying out manual scavenging work [Association for Protection of Democratic Rights & Anr v. State of West Bengal & Ors].

A Division Bench of Acting Chief Justice Sujoy Paul and Justice Chaitali Chatterjee Das expressed concern that manual scavenging continues to be carried out, even though it is prohibited under a 2013 law.

The Court condemned such practices as being a blot to the nation's conscience.

"It’s disheartening to see cases of death and severe injury due to manual scavenging still plating in courts today. This issue is a stark reminder of the countries ongoing struggle to ensure basic human dignity and rights for all citizens despite significant progress in various fields. Manual scavenging is a grave, human right, concern and its persistence is a blot on the nation’s conscience," the Court's November 21 ruling said.

The Court proceeded to order the State authorities to pay increased compensation to the families of the four workers who perished in 2021 while cleaning an underground sewer in South Kolkata.

It noted that ₹10 lakhs had already been paid for each death, but observed that there were Supreme Court guidelines which called for the payment of a higher rate of compensation.

The High Court proceeded to order the State authorities to ensure that a total amount of ₹30 lakhs is paid for each death (including the ₹10 lakhs already paid) within three months.

"(The respondents are ordered to) pay an amount of ₹30 lakhs (minus 10 lakhs already paid) to each of the family members of the deceased workers and such amount to be paid within a period of three months from the date of this order," the judgment said.

The Court also ordered the payment of ₹5 lakhs as compensation to the three workers who were injured in the same incident.

The Court further ordered an independent investigation into the 2021 incident.

Moreover, it instructed the State government to set up the statutory monitoring committee under the Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013, in line with earlier directions issued by the Supreme Court.

The Court passed the order on a public interest litigation (PIL) petition filed by the Association for Protection of Democratic Rights (APDR) and a civil rights activist.

The petitioners highlighted an incident that occurred in 2021, when workers engaged by the KMC to de-silt a sewer line became unconscious inside a manhole due to toxic fumes, resulting in three injuries and four fatalities.

The petitioners sought an independent investigation, compensation, and action against those responsible. They relied on directions of the Supreme Court in Safai Karmachari Andolan v. Union of India (1993), Delhi Jal Board v. National Campaign for Dignity and Rights of Sewerage Workers (2011), and Dr. Balaram Singh v. Union of India (2023). Through such rulings, the top court had quantified the minimum compensation for manual scavenging deaths at ₹30 lakh.

KMC opposed the PILs, arguing that responsibility lay with the contractor. It stated that following the incident, a committee was formed, an FIR was filed, and the contractor was blacklisted.

Additionally, KMC stated that the families of the deceased were paid ₹10 lakhs each as compensation.

The State police informed that a criminal case was registered against unknown persons, but no status report of the investigation was produced before the Court.

The Court was not impressed with these submissions by the State authorities. The Court ruled that KMC could not shift its accountability to a contractor because the municipal authority is still in charge of ensuring that statutory and judicial directives are followed.

The Court added that it was shocking that a PIL had to be filed for securing legitimate claims for compensation due to manual scavenging-related deaths or injuries, despite a legal prohibition on manual scavenging and detailed directions on the subject by the Supreme Court.

It further observed that the 2013 Act against manual scavenging requires the constitution of State Monitoring Committees led by the Chief Minister or a nominated Minister and prohibits hazardous sewer cleaning. The Bench noted that no such committee had been established in West Bengal.

"There are serious lacunas and negligence on the part of the respondent authorities in complying with the direction of the Hon’ble Supreme Court and also in not framing any guidelines in consonance with the Act of 2013," the Court concluded, before ordering the State to take remedial measures.

Among other directives, it has mandated that the State government establish the Monitoring Committee required by the 2013 Act within 30 days.

Advocates Raghunath Chakraborty and Mahaboob Ahmed appeared for the petitioners.

The KMC was represented by Advocates Alok Kumar Ghosh and Subhrangsu Panda.

[Read Judgment]