The Division Bench of the Delhi High Court in the case of Harnam Singh vs Government of NCT of Delhi & Ors. consisting of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad directed Government to ensure strict compliance of the Prohibition of Employment as Manual Scavengers and Their Rehabilitation Act, 2013.
Facts
The petitioner filed this PIL as a social worker and former chairman of Delhi Commission for Safai Karamcharis (GNCTD). He was concerned about sanitation workers and asked for a mandamus or other writ compelling respondents to comply with the National Commission for Safai Karamcharis Act, 1993 and offer health insurance and medical services to all sanitation workers and their families.
Procedural History
A common counter-affidavit was filed on behalf of the respondents No.2 & 3/ National Commission for Safai Karamcharis (NCSK) and Union of India (UOI) respectively, wherein it was stated that the Commission had directed all the District Magistrates/ District Commissioners to furnish details of all Safai Karamcharis under their respective jurisdiction who have lost their lives due to COVID-19 and the details of compensation granted to them.
The responders also provided details on PPE Kits, N-95 Masks, Gloves, and other items for Safai Karamcharis. They provided specifics on government safeguards/measures for establishing proper logistics, i.e., safety gear. They also provided details on Safai Karamcharis' sanitation training, vaccination, and housing.
It was also stated that the benefits given to Health Care Workers were also extended to Safai Karamcharis deployed in Delhi Government Health Institutions without any discrimination. Moreover, proper specific precautions were being undertaken for disposal of bio-medical waste and the State Government was strictly adhering to the statutory provisions as contained under the provisions of the Prohibition of Employment As Manual Scavengers And Their Rehabilitation Act, 2013, and the Rules framed thereunder.
Observations by the Court
The Bench noted that the counter-affidavits on record made it clear that the DCSK existed; the Commission was investigating, examining, and monitoring all matters relating to the safeguards to be provided to Safai Karamcharis residing in Delhi; and the Commission was conducting a periodic assessment. The Commission's recommendations were sent to the GNCTD, and it opined that the DCSK was fulfilling its responsibilities in accordance with the Delhi Act 7 of 2006.
Reference was made to the recent Supreme Court decision in Hazrat Deen v. The State of Uttar Pradesh, which held that discrepancies between the FIR and any subsequent statement u/s 164 CrPC cannot be a ground for discharge without trial.
Judgment
The bench ruled that GNCTD had no choice but to execute the Prohibition of Employment as Manual Scavengers and Their Rehabilitation Act, 2013 and Rules. The respondent Government was ordered to strictly follow the 2013 Act and its Rules. The government was told to consider the DCSK's recommendations and decide within 60 days of any such recommendation being made by the Commission to the Government.
No further orders were required to be passed in this PIL and the same was disposed of accordingly.
Case: Harnam Singh vs Government of NCT of Delhi & Ors.
Citation: W.P.(C) 1396/2021 & CM APPLs. 3972-73/2021
Bench: Chief Justice Satish Chandra Sharma, Justice Subramonium Prasad
Decided on: 25th November 2022
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