New Delhi: The Supreme Court on Wednesday (October 29) directed states and Union Territories to ensure that compensation for deaths from manual scavenging is disbursed within three weeks of the incident.

The order was passed by a bench of justices Aravind Kumar and N.V. Anjaria after the apex court monitored the implementation of its directions passed on October 20, 2023. As per the 2023 directions, the court had made it mandatory for all states and UTs to take all possible measures to end the inhuman practice of manual scavenging, reported Hindustan Times.

The court had increased the compensation amount which is to be paid to the family of those who died while cleaning sewers or drains from Rs. 10 lakh to Rs.30 lakh.

But the judgment had not mentioned whether it is to be paid for deaths which took place in the past.

“This court having passed an order of compensation and on quantum, the question whether Rs. 10 lakh or Rs. 30 lakh is to be paid is still at large, we do not find any reason why states and UTs should not pay at least Rs. 10 lakh,” said the court on Wednesday.

The court said that if the compensation amount is not paid within three weeks, the concerned secretary (of the public works department) will have to appear before the court.

The apex court further hinted that in case the death has taken place after the court’s judgment, the concerned state or UT shall be required to pay the amount fixed by the Supreme Court.

The state/UT is also liable to pay a minimum compensation of Rs. 10 lakh in case of disabilities suffered by sewer victims. If the disability is permanent in nature, the minimum compensation payable was fixed at Rs. 20 lakh.

The court issued the directions while hearing a public interest litigation (PIL) filed by one Balram Singh. The petitioner sought implementation of the provisions of Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition) Act, 1993 along with the Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013.

The court noted the fact that despite these legislations, the implementation remained on paper. It directed the Union government to take necessary measures and issue directions to all statutory bodies, including corporations, railways, cantonments, as well as agencies under its control, so that manual cleaning of sewers is completely eradicated in a phased manner.

The court noted that at least 347 people died while cleaning sewers and septic tanks in the last five years.

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