DSIIDC should have taken necessary steps to ensure that the sewers are not opened for cleaning purposes by anybody
The Delhi High Court has directed the Delhi State Industrial and Infrastructure Development Corporation Ltd (DSIIDC) to pay Rs 10 lakh compensation each to the families of two manual scavengers who died while cleaning a sewer in Bawana Industrial Area.
Justice V Kameswar Rao said that any mishap would suggest a lapse on the part of the DSIIDC and directed it to pay the amount to the wife and mother of victims, Tilak Ram and Bhagwan Singh, respectively within three months.
"In view of the prohibition, the DSIIDC should have taken necessary steps to ensure that the sewers are not opened for cleaning purposes by anybody. Any mishap occurring surely would suggest a lapse on the part of DSIIDC," the HC said.
The court said the DSIIDC, which is responsible for developing and providing industrial infrastructure facilities to the entrepreneurs here, should have taken necessary steps to ensure that sewers are not opened for cleaning purposes by anyone.
It, however, granted liberty to the PSU body to claim the money from the person, who would be held guilty of the crime in the FIR registered in October 2011. According to the families, the two victims had stepped into the blocked sewer for cleaning it, but due to non-supply of safety equipment, masks and oxygen cylinder by the contractors, they lost consciousness after inhaling gases in the duct and died on the spot in 2011.
They said the victims were the sole bread earners and they have been living in poverty after their death. The court noted that there was a "complete prohibition from engagement or employment for hazardous cleaning of a sewer or a septic tanks" under the Prohibition of Employment as Manual Scavengers and Their Rehabilitation Act.
The court rejected the plea of the DSIIDC that neither it nor any of its contractors had engaged the two victims for cleaning the sewer lines. The HC said this would not absolve the government body of the obligation to pay compensation if a person dies cleaning the same and noted that unfortunately, the authorities have denied their obligation to pay damages.
GOVT Plea Rejected
The court rejected the plea of the DSIIDC that neither it nor any of its contractors had engaged the victims for cleaning the sewer lines, saying this wouldn’t absolve the government of its obligation to pay compensation
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