Sanitation worker dies in sewer, Delhi govt moves HC against order to pay Rs 30 lakh to wife

New Delhi, May 10 (PTI) The Delhi government on Friday approached the high court here against an order of a single judge directing it to pay enhanced compensation of Rs 30 lakh to the widow of a sanitation worker who died while manual scavenging in 2017.

The Delhi government’s standing counsel Santosh Kumar Tripathi told a bench headed by Acting Chief Justice Manmohan that the widow was paid Rs 10 lakh compensation the same month her husband died as per the then mandate.

Therefore the Supreme Court decision which subsequently increased the compensation payable to the dependents of the victims of manual scavenging to Rs 30 lakh would not apply to her, the counsel said.

The bench, also comprising Justice Manmeet PS Arora, issued notice to the widow on the government’s appeal but asked the authorities to pay her the enhanced compensation in six weeks.

Tripathi argued that since the compensation amount comes from the public exchequer, the issue must be given quietus once payment is done as per the applicable mandate as payment of enhanced compensation even to those who have already received indemnity as per the applicable mandate would open a pandora’s box.

The court said, “You pay the amount in this case, we will see. Without prejudice to their rights and contentions, the appellant is directed to pay the enhanced amount within six weeks.”

Observing that manual scavengers have lived in bondage, systematically trapped in inhuman conditions for a long time, the Supreme Court in October 2023 asked the Centre and state governments to eradicate manual scavenging across the country.

While 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.

“The court hereby directs the Union and the States to ensure that the compensation for sewer deaths is increased (given that the previous amount fixed, i.e., Rs. 10 lakhs) was made applicable from 1993. The current equivalent of that amount is Rs. 30 lakhs. This shall be the amount to be paid, by the concerned agency, i.e., the Union, the Union Territory or the State as the case may be. In other words, compensation for sewer deaths shall be Rs. 30 lakhs,” the Supreme Court had ordered.

On November 23 last year, the single judge held that the top court’s decision would apply to the present case as well and ordered, “The writ petition is disposed of with a direction to the state government to implement the said judgment in the present case also.”

The husband of the petitioner inhaled poisonous gases while working inside a sewer and died of suffocation on August 6, 2018. The petitioner had told the single judge that she has already been given a compensation of Rs 10 lakh but the same should be increased to Rs 30 lakh in line with the Supreme Court’s decision.

She also sought directions to the authorities to provide full rehabilitation including employment to her education to her children, and skill training, in terms of the decision.

The matter would be heard next in October.