Widow and children of a man who died cleaning a sewer sought enhancement of compensation from Rs. 10 lakh to Rs. 30 lakh per the Supreme Court's Balram Singh directions. The court held them similarly placed to an earlier petitioner, allowed the writ petition and directed payment of the remaining Rs. 20 lakh within six weeks.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
$~77
CORAM:
HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD O R D E R
% 07.02.2024 CM APPL. 7003/2024 (Exemption)
Allowed, subject to all just exceptions.
W.P.(C) 1701/2024
“a. Issue a Writ in the nature of Mandamus or any other appropriate writ, order or direction directing the
Page 1 of 6
W.P.(C) 1701/2024
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 13/12/2024 at 15:37:10
concerned respondents to enhance the compensation given to the Petitioner from Rs. 10 Lakh to Rs. 30 lakh and release remaining Rs. 20 Lakh to the Petitioner in terms of the judgment passed by the Hon’ble Supreme Court in the case titled as “Balram Singh vs. Union of India & Ors., 2023 SCC OnLine SC 1386”;
b. Issue a Writ in the nature of Mandamus or any other appropriate writ, order, or direction directing the concerned respondents to provide full rehabilitation including employment to the Petitioner No. 2 & 3;
c. Cost of the petition may also be awarded in favour of the petitioner and against the respondents; and
d. Pass any other or further orders as may be deemed fit and proper in the facts and circumstances of the present case.”
“Directions
104 . In view of the above discussion, the following directions are issued:
(1) The Union should take appropriate measures and frame policies, and issue directions, to all statutory
Page 2 of 6
W.P.(C) 1701/2024
This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 13/12/2024 at 15:37:10
bodies, including corporations, railways, cantonments, as well as agencies under its control, to ensure that manual sewer cleaning is completely eradicated in a phased manner, and also issue such guidelines and directions as are essential, that any sewer cleaning work outsourced, or required to be discharged, by or through contractors or agencies, do not require individuals to enter sewers, for any purpose whatsoever;
(2) All States and Union Territories are likewise, directed to ensure that all departments, agencies, corporations and other agencies (by whatever name called) ensure that guidelines and directions framed by the Union are embodied in their own guidelines and directions; the states are specifically directed to ensure that such directions are applicable to all municipalities, and local bodies functioning within their territories;
(3) The Union, State and Union Territories are directed to ensure that full rehabilitation (including employment to the next of kin, education to the wards, and skill training) measures are taken in respect of sewage workers, and those who die;
(4) The court hereby directs the Union and the States to ensure that the compensation for sewer deaths is increased (given that the previous amount fixed, i.e., Rs. 10 lakhs) was made applicable from 1993. The current equivalent of that amount is Rs. 30 lakhs. This shall be the amount to be paid, by the concerned agency, i.e., the Union, the Union Territory or the State as the case may be. In other words, compensation for sewer deaths shall be Rs. 30 lakhs. In the event, dependents of any victim have not been paid such amount, the above amount shall be payable to them. Furthermore, this shall be the amount to be hereafter
Page 3 of 6
W.P.(C) 1701/2024
This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 13/12/2024 at 15:37:10
paid, as compensation.
(5) Likewise, in the case of sewer victims suffering disabilities, depending upon the severity of disabilities, compensation shall be disbursed. However, the minimum compensation shall not be less than Rs. 10 lakhs. If the disability is permanent, and renders the victim economically helpless, the compensation shall not be less than Rs. 20 lakhs.
(6) The appropriate government (i.e., the Union, State or Union Territories) shall devise a suitable mechanism to ensure accountability, especially wherever sewer deaths occur in the course of contractual or “outsourced” work. This accountability shall be in the form of cancellation of contract, forthwith, and imposition of monetary liability, aimed at deterring the practice.
(7) The Union shall device a model contract, to be used wherever contracts are to be awarded, by it or its agencies and corporations, in the concerned enactment, such as the Contract Labour (Prohibition and Regulation Act), 1970, or any other law, which mandates the standards - in conformity with the 2013 Act, and rules, are strictly followed, and in the event of any mishap, the agency would lose its contract, and possibly blacklisting. This model shall also be used by all States and Union Territories.
(8) The NCSK, NCSC, NCST and the Secretary, Union Ministry of Social Justice and Empowerment, shall, within 3 months from today, draw modalities for the conduct of a National Survey. The survey shall be ideally conducted and completed in the next one year.
(9) To ensure that the survey does not suffer the same fate as the previous ones, appropriate models shall be
Page 4 of 6
W.P.(C) 1701/2024
This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 13/12/2024 at 15:37:10
prepared to educate and train all concerned committees.
(10) The Union, State and Union Territories are hereby required to set up scholarships to ensure that the dependents of sewer victims, (who have died, or might have suffered disabilities) are given meaningful education.
(11) The National Legal Services Authority (NALSA) shall also be part of the consultations, toward framing the aforesaid policies. It shall also be involved, in coordination with state and district legal services committees, for the planning and implementation of the survey. Furthermore, the NALSA shall frame appropriate models (in the light of its experience in relation to other models for disbursement of compensation to victims of crime) for easy disbursement of compensation.
(12) The Union, State and Union Territories are hereby directed to ensure coordination with all the commissions (NCSK, NCSC, NCST) for setting up of state level, district level committees and commissions, in a time bound manner. Furthermore, constant monitoring of the existence of vacancies and their filling up shall take place.
(13) NCSK, NCSC, NCST and the Union government are required to coordinate and prepare training and education modules, for information and use by district and state level agencies, under the 2013 Act.
(14) A portal and a dashboard, containing all relevant information, including the information relating to sewer deaths, and victims, and the status of compensation disbursement, as well as rehabilitation measures taken, and existing and available
Page 5 of 6
W.P.(C) 1701/2024
This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 13/12/2024 at 15:37:10
rehabilitation policies shall be developed and launched at an early date.”
SUBRAMONIUM PRASAD, J
FEBRUARY 7, 2024 S. Zakir
Page 6 of 6
W.P.(C) 1701/2024
This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 13/12/2024 at 15:37:10
1 issue framed by the court
Whether the widow and children of a sewer-cleaning worker already paid Rs. 10 lakh are entitled to enhanced compensation of Rs. 30 lakh under Balram Singh judgment.
Colour shows how this judgement treated each authority
Balram Singh v. Union of IndiaRelied on¶5
2023 SCC OnLine SC 1386 · Who else cites this
Preeti v. Union of India & Ors.Referred¶4
W.P.(C) 15156/2023
Geeta
Union of India
Subramonium Prasad
As recorded by the court registry
A petition under Article 226 of the Constitution asking a High Court to issue a writ against the State or a public authority in a civil matter.
Judgements on the same questions, provisions and authorities, from every court
