Delhi HC implements SC’s Rs 30L compensation directive

NEW DELHI: The Delhi High Court has ordered city authorities to pay Rs 30 lakh in compensation to each of the families of three sanitation workers who died during manual scavenging in 2017.

The High Court’s decision came in response to a petition by the victims’ families, who sought higher ex gratia payments following a Supreme Court ruling in 2023. This ruling increased the compensation for the families of manual scavenging victims from Rs 10 lakh to Rs 30 lakh.

According to the petition, the three sanitation workers died in August 2017 while cleaning a drain in Lajpat Nagar. They had been engaged by a sub-contractor for the Delhi Jal Board. Initially, the families received Rs 10 lakh in compensation, but they requested the amount be raised to Rs 30 lakh in line with the Supreme Court’s directive.

“It can be seen that the directions issued by the Supreme Court were expressly made applicable to all the statutory bodies including corporations, railways, cantonments as well as the agencies under its control.

“Moreover, the Union and State governments were directed to ensure that the rehabilitation measures were taken with respect to sewage workers, including the family of those who have lost their lives. Specifically, it was directed that the compensation of Rs 10 lakh that was given to the family members of the deceased workers be enhanced to Rs 30 lakh,” Justice Sachin Datta said. The high court stated that the Supreme Court’s ameliorative directives, restrictions, and embargoes are necessarily applicable to the Delhi Jal Board (DJB) and any agency engaged by the board in any part of Delhi for sewage collection or related activities.

“Any disregard or violation thereto would invite strict consequences,” as envisaged in the apex court’s verdict, it said.

Considering the reasoning given by the apex court, it would be a travesty if the entitlement of the family members of the deceased scavenging workers is confined to Rs 10 lakh, the high court said.

“The same would defeat the directions of the Supreme Court to enhance the compensation to Rs 30 lakh on the basis that the previously fixed compensation of Rs 10 lakh was fixed as far back as in the year 1993 and could not be considered to be an adequate compensation,” it said, adding that the family members of the deceased sanitation workers are entitled to a compensation of Rs 30 lakh. The high court said the remaining amount be paid to the family members within eight weeks.

Observing that manual scavengers have lived in bondage, systematically trapped in inhuman conditions for a long time, the Supreme Court had in October last year asked the Centre and state governments to completely eradicate manual scavenging across the country.

Passing a slew of directions for the benefit of people involved in manual scavenging, it had asked the central and state governments to pay Rs 30 lakh as compensation to the next of kin of those who die while cleaning sewers.