Although 75 years have passed since independence, poor people continue to be forced into manual scavenging despite laws being framed - SC

Case: Court on its motion v Municipal Corporation of Delhi and Ors
Bench: A Division Bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad

Facts:

Recently, on September 9, 32-year-old Rohit Chandiliya died while clearing a sewer. A 30-year-old security guard, Ashok, died in the incident while trying to save Chandiliya. The division Bench took suo motu cognisance of the incident.

Senior Advocate Rajshekhar Rao, amicus curiae in the matter, informed the bench that the report submitted by the Delhi Development Authority (DDA) stated that the deceased was cleaning the manhole on his own without any instructions from the authority. Per the report, a complaint was filed before the DDA concerning sewage blockage; therefore, Chandiliya was working to resolve the issue.

HELD:

Although 75 years have passed since independence, poor people continue to be forced into manual scavenging despite the provisions of the Prevention of Employment as Manual Scavengers and Their Rehabilitation Act of 2013 (PEMSR). The bench said the Top Court has already crystallised the law and that immediate compensation must be paid. Therefore, the court directed the DDA to pay ₹10 lakh in compensation to the families of two people and consider their case for compassionate appointment.

It added that the decision concerning compassionate appointment must be communicated within a month to the court. The vice-chairperson should be present at the next hearing if it is not followed.