The Supreme Court has taken a firm stance against the hazardous practice of manual sewer cleaning, directing authorities in major metropolitan cities to compensate the families of deceased workers. The court has mandated a payment of Rs 30 lakh per victim within four weeks, highlighting the urgent need to eliminate this dangerous practice.
Following an earlier directive, the Supreme Court reviewed affidavits submitted by officials from Delhi, Kolkata, Hyderabad, and Bengaluru regarding the ban on manual scavenging and sewer cleaning. However, the court found that these affidavits were strategically worded to create a misleading impression of compliance.
"The new affidavits are cleverly drafted to give a false sense of adherence. Failure to submit proper affidavits at the next hearing will result in suo-motu contempt proceedings," the court warned.
A bench comprising Justices Sudhanshu Dhulia and Aravind Kumar has been handling a writ petition demanding a complete ban on manual scavenging and hazardous cleaning. Expressing strong disapproval, the bench reiterated that such practices must be eradicated immediately.
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Compensation Order for Deceased Workers' Families
The court directed metropolitan authorities to compensate the families of workers who lost their lives due to manual sewer cleaning in the last three months. The ruling specifies that each family must receive Rs 30 lakh within four weeks.
"All officers shall ensure payment of the full compensation amount under the Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013, within four weeks, if not already disbursed," the court ordered.
During the hearing, the Delhi Jal Board (DJB) faced scrutiny. The advocate representing DJB claimed that the sewer where the deaths occurred did not fall under DJB's jurisdiction and suggested filing an additional affidavit to clarify.
However, Justice Dhulia directly asked Pankaj Kumar Atray, Director (S&DM), DJB, to confirm if the area was under DJB’s jurisdiction. Atray admitted that it was but argued that the workers had entered unauthorized.
"Without your authorization, you may not be responsible, but some officers must have been. You are creating a bigger problem. We will record everything and verify the statements," Justice Dhulia responded.
Justice Kumar added:
"Manual scavenging must stop. If proper affidavits are not filed in the next hearing, we will initiate suo-motu contempt action."
The court suggested that DJB submit a detailed affidavit acknowledging the incident and providing precise information about the measures being implemented to prevent such deaths.
BBMP (Bruhat Bengaluru Mahanagara Palike) claimed that manual scavenging has not been practiced since 2013 and that no deaths have occurred since 2017. However, Senior Advocate Jayna Kothari pointed out that the affidavit was misleading because it did not mention manual sewer cleaning, which is also prohibited.
Justice Kumar highlighted official statistics from the National Safai Karamchari Commission, showing four deaths in 2024 and three in 2023, contradicting BBMP's claims.
Justice Dhulia criticized the affidavit:
"Your affidavit is based on incorrect or incomplete information. You claim no deaths since 2017, but records show more than 20 deaths since then."
The court ordered BBMP to submit a revised affidavit with accurate details. It warned that failure to provide truthful information could result in FIRs being filed against officials.
Senior Advocate Manisha Karia, representing the Hyderabad Metropolitan Water & Sewerage Board, stated that recent deaths occurred due to repairs on old sewer pipelines from the Nizam’s era, rather than manual scavenging.
Parameshwar, an amicus curiae, refuted this claim, citing police reports stating that the deceased workers were indeed cleaning sewers and died from inhaling toxic gases.
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Justice Dhulia questioned the attempt to shift blame:
"Now does the Nizam come into this matter? The deaths occurred due to hazardous cleaning, which is prohibited by law."
Despite these concerns, the court acknowledged Hyderabad’s use of advanced sewer-cleaning machines, which even Delhi lacks in sufficient numbers.
Previously, the court instructed the Chief Secretary of West Bengal to clarify who permitted manual sewer cleaning in Kolkata and its surrounding areas. Senior Advocate Gopal Sankaranarayanan informed the court that an FIR had been registered for three deaths, and the contractor involved had paid Rs 10 lakh in compensation. However, the court had mandated Rs 30 lakh.
Sankaranarayanan acknowledged the court’s authority:
"The court may direct the payment of Rs 30 lakh compensation. However, if the authorities comply, it may imply an admission that the incident involved manual scavenging."
Case Details: DR. BALRAM SINGH Vs UNION OF INDIA|W.P.(C) No. 324/2020
