The Delhi High Court while basing its decision on the Supreme Court's ruling in Balram Singh v. Union of India & Ors., which provided directives regarding the compensation for dependents of individuals who lost their lives in manual scavenging, recently, increased the compensation awarded to a widow whose husband worked as a sanitation worker.
Brief Facts:
The petitioner, identified as Preeti, approached the court seeking redressal in response to the compensation awarded to her as the widow of a sanitation worker involved in manual scavenging. Preeti's husband, a sanitation worker engaged in manual scavenging, lost his life, prompting the petitioner to file a plea challenging the compensation of Rs.10 lakhs initially granted to her. The basis of the petitioner's case rested on the recent Supreme Court judgment in "Balram Singh vs. Union of India & Ors., 2023 SCC OnLine SC 1386." In this landmark judgment, the Supreme Court issued crucial directives, compelling the Union and the States to augment compensation for sewer deaths from Rs.10 lakhs to Rs.30 lakhs. Additionally, the court stressed the imperative for comprehensive rehabilitation measures, encompassing employment for dependents, education for children, and skill training.
Contentions of the Parties:
The contentions presented by the petitioner in the writ petition revolved around four primary prayers. Firstly, Preeti sought an increase in compensation from Rs.10 lakhs to Rs.30 lakhs in adherence to the Supreme Court's directive. Secondly, she urged the court to ensure full rehabilitation, encompassing employment, education for her children, and skill training, aligning with the principles laid out in the Supreme Court's judgment. Thirdly, the petitioner requested the award of costs in her favour. Lastly, she sought any other orders the court deemed suitable in the prevailing circumstances.
Observations by the Court:
Justice Prasad, after considering the contentions put forth by the petitioner, aligned the decision with the directives enshrined in the Supreme Court's judgment. The court, having perused the material on record and considering the broader implications of the Supreme Court's guidelines, ordered the augmentation of compensation to Rs.30 lakhs, in line with the apex court's explicit directive. This adjustment in compensation was deemed applicable from 1993, in recognition of the prevailing circumstances and the economic realities of the time.
Furthermore, Justice Prasad emphasised the importance of full rehabilitation measures for sewage workers and their dependents, echoing the sentiments laid out by the Supreme Court in its judgment. The court underscored the necessity for the Union, States, and Union Territories to ensure the timely implementation of these rehabilitation measures, including employment opportunities, educational support for dependents, and skill training initiatives.
The decision of the Court:
After careful consideration of the facts and circumstances, Justice Subramonium Prasad issued an order for the implementation of the Supreme Court's directions.
Case Name: Preeti v. Union of India & Ors
Coram: Justice Subramonium Prasad
Case No.: W.P.(C) 15156 of 2023
Advocates of the Petitioner: Mr. Pawan Reley, Mr. Akshay Lodhi and Ms. Simran Singh, Advocates
Advocates of the Respondent: Ms. Sweta Priya, Advocate for MCD. Mr. Anuj Aggarwal, ASC for GNCTD with Mr. Aakash Dahiya and Mr. Yash Upadhyay, Advocates for R-2 and 6. Ms. Sangeeta Bharti, SC for DJB with Ms. Malvi Balyan and Ms. Aarushi Behl, Advocates for R-3. Mr. Vaibhav Agnihotri, ASC for NDMC with Ms. Garima Khanna and Ms. Ankita Sarangi, Advocates
Read Order @LatestLaws.com
Picture Source :
