The Kerala High Court had observed that the people who had lost their lives in Manual Scavenging were entitled to get compensation and their dependants were befitted with various subsidies and financial assistance.
The Union of India/ State Government/ Union Territories, to identify the families of all persons, who have died in the sewerage work (manholes, septic tanks) since 1993 and award compensation of Rs.10 lakhs, for each such death to the family members depending on them. The Hon'ble Apex Court has also directed that rehabilitation must be based on the principles of justice and transformation.
The above observation was made by the Division-judge bench of Kerala High Court, comprising of the Chief Justice S Manikumar & Justice Shaji P. Chaly in the PIL filed in 2014 related to paying compensation to victims who were died in Manual scavenging.
Factual Background
A Public Interest Litigation was filed to give adequate and sufficient compensation to the workmen, who died on 13.4.2014 inside the manhole of Kerala Water Authority sewerage pipeline. It was stated in the writ petition that when the employees were engaged in manhole of sewerage pipelines, adequate and necessary safeguards ought to have been taken by the Water Authority officials, to avoid any mishappenings but that safeguards were missing which resultant into death of two workers.
Court Reasoning & Judgment
The Court laid emphasis on the case of Safai Karamchari Andolan and Others v. Union of India (UOI) and Others (2014) in which the Apex Court held that
“4) The petitioners have approached this Court by way of writ petition in 2003, inter alia, seeking:
(i) to ensure complete eradication of Dry Latrines;
(ii) to declare continuance of the practice of manual scavenging and the operation of Dry Latrines violative of Articles 14, 17, 21 and 23 of the Constitution and the 1993 Act;
(iii) to direct the respondents to adopt and implement the Act and to formulate detailed plans, on time bound basis, for complete eradication of practice of manual scavenging and rehabilitation of persons engaged in such practice;
(iv) to direct Union of India and State Governments to issue necessary directives to various Municipal Corporations, Municipalities and Nagar Panchayats (all local bodies) to strictly implement the provisions of the Act and initiate prosecution against the violators; and
(v) to file periodical Compliance Reports pursuant to various directions issued by this Court.”
5. Thereafter, the Hon'ble Apex Court, at paragraph No.14, issued the following directions:
“(i) The persons included in the final list of manual scavengers under Sections 11 and 12 of the 2013 Act, shall be rehabilitated as per the provisions of Part IV of the 2013 Act, in the following manner, namely:-
(a) such initial, one time, cash assistance, as may be prescribed;
(b) their children shall be entitled to scholarship as per the relevant scheme of the Central Government or the State Government or the local authorities, as the case may be;
(c) they shall be allotted a residential plot and financial assistance for house construction, or a ready-built house with financial assistance, subject to eligibility and willingness of the manual scavenger as per the provisions of the relevant scheme;
(d) at least one member of their family, shall be given, subject to eligibility and willingness, training in livelihood skill and shall be paid a monthly stipend during such period;
(e) at least one adult member of their family, shall be given, subject to eligibility and willingness, subsidy and concessional loan for taking up an alternative occupation on sustainable basis, as per the provisions of the relevant scheme;
(f) shall be provided such other legal and programmatic assistance, as the Central Government or State Government may notify in this behalf."
The Court accepted the fact that the contractor had paid 4,00,000 Rs to the victims family as Compensation but the State was also party to the suit, so the State was also liable to pay compensation to the victims family and to provide financial assistance also which was ordered in Safai Karamchari Andolan case by the Hon’ble Supreme Court and held that:
“the Government is bound to pay compensation of Rs.10,00,000/- each, to the family members of the persons, who died in sewerage work (manholes, septic tanks). Details of the legal representatives of the deceased, have been furnished by the District Collector, Dindigul District, Dindigul and Let the judgment of the Hon'ble Supreme Court be honoured by the abovesaid respondents, in letter and spirit, without giving room, for further litigation.”
Case Details
Case: WP(C).No.11185 OF 2014(S)
Petitioner: BAISIL ATTIPPETY
Respondent: KERALA WATER AUTHORTY & ORS
Quorum: THE CHIEF JUSTICE MR.S.MANIKUMAR & JUSTICE SHAJI P.CHALY
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