Calcutta High Court Directs Compensation for Victims of Manual Scavenging Tragedy

Court Orders State Authorities to Pay Enhanced Compensation and Enforce Safety Measures for Sewer Workers

In a landmark judgment, the Calcutta High Court has directed the State of West Bengal and the Kolkata Municipal Corporation (KMC) to enhance compensation to the families of workers who died or were injured during manual scavenging activities in South Kolkata. The court was responding to a Public Interest Litigation (PIL) filed by the Association for Protection of Democratic Rights concerning the tragic deaths of four laborers and injuries to others while cleaning a sewer line under the Kolkata Environment Infrastructure Improvement Project.

The judgment, delivered by a division bench comprising Acting Chief Justice Sujoy Paul and Justice Chaitali Chatterjee Das, mandates the payment of Rs. 30 lakhs to the families of the deceased workers, subtracting the Rs. 10 lakhs already paid, and Rs. 5 lakhs to the injured workers. This directive aligns with the Supreme Court's recent enhancement of compensation for such incidents.

The court criticized the negligence of public authorities and the failure to comply with the Supreme Court's guidelines on manual scavenging. It ordered the formation of a state monitoring committee as per the Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013, to ensure systemic enforcement of safety measures.

The judgment highlighted the violation of fundamental rights under Articles 14, 17, 21, and 23 of the Indian Constitution due to the hazardous employment of workers without adequate protection. The court expressed deep concern over the persistent practice of manual scavenging despite its prohibition, urging immediate corrective actions by the authorities.

Furthermore, the court instructed the state to conduct an independent investigation into the incident, emphasizing accountability and the imposition of penalties for contraventions. The authorities have been given specific timelines to comply with the court's directions and report back on the progress.

The decision is seen as a significant step towards ensuring justice for victims of manual scavenging and enforcing the rights and dignity of vulnerable workers.

Bottom Line:

Public Interest Litigation filed regarding the unnatural deaths and injuries caused during manual scavenging in South Kolkata - Directions issued for compensation to victims and their families, formation of monitoring committees as per the Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013, and enforcement of safety measures.

Statutory provision(s): Articles 14, 17, 21, 23 of the Constitution of India, Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013, Section 7, Section 8.

Association For Protection Of Democratic Rights v. State of West Bengal, (Calcutta)(DB) : Law Finder Doc Id # 2811777