8 years after SC’s intervention, executive unmoved

Satya Prakash in New Delhi

Deciding a PIL filed by the National Campaign for Dignity and Rights of Sewerage and Allied Workers & Others on manhole deaths, a Supreme Court Bench headed by Justice GS Singhvi (since retired) had ruled in 2011 that “the State and its agencies/instrumentalities cannot absolve themselves of the responsibility to put in place an effective mechanism for ensuring safety of the workers employed for maintaining and cleaning the sewage system”.

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The human beings employed for doing the work in sewers cannot be treated as mechanical robots that may not be affected by poisonous gases in manholes, it said, noting that the State and its agencies/instrumentalities or the contractors engaged by them are under a constitutional obligation to ensure safety of persons who are asked to undertake hazardous jobs. It also made it clear that the “argument of choice and contractual freedom is not available” to the government agencies and contractors in such cases.

Using its extraordinary powers under Article 142, the top court had directed the Delhi Jal Board to pay Rs 3.29 lakh to the victim’s family in addition to Rs 1.71 lakh already paid by the contractor. It had also directed the agencies to implement a slew of directions issued by the Delhi High Court on the issue (see box).

Over to the courts again

Eight years on, nothing has changed as judicial intervention appears to have failed to move the executive. Manual scavenging continues to take its toll, forcing the top court to react angrily and intervene once again. “Why are you not providing them with masks and oxygen cylinders? In no country are people sent to gas chambers to die. Four to five people are dying due to this every month,” a three-judge Bench headed by Justice Arun Mishra asked Attorney General KK Venugopal on September 18 this year.

“It is the most uncivilised and inhuman situation... you have to take care of people. People are dying every day due to this,” it said during hearing on the Centre’s petition seeking review of its March 2018 verdict diluting provisions of arrest and judicially creating a provision for anticipatory bail under the SC/ST Act.

Constitutional framework

The Constitution of India resolves to secure to all its citizens justice, social, economic and political; liberty of thought, expression, belief, faith and worship; equality of status and of opportunity; and to promote among them all fraternity assuring the dignity of the individual and the unity and integrity of the nation.

Towards achieving these goals set out in the Preamble, the Constitution recognises ‘Fundamental Rights’ of individuals and citizens and ‘Directive Principles of State Policy’, which are fundamental in governance of the country as the State is under obligation to comply with these principles in making laws.

Article 21, which recognises right to life and liberty, includes right to live with human dignity, the Supreme Court has ruled in several cases.

Article 38 declares the State shall strive to promote the welfare of the people by securing and protecting as effectively as it may a social order in which justice, social, economic and political, shall inform all the institutions of national life.

Clause (2) of Article 38 declares the State shall, in particular, strive to minimise the inequalities in income, and endeavour to eliminate inequalities in status, facilities and opportunities, not only amongst individuals, but also amongst groups of people residing in different areas or engaged in different vocations.

Article 39(e) mandates the State shall, in particular, direct its policy towards securing that the health and strength of workers, men and women, and the tender age of children are not abused and that citizens are not forced by economic necessity to enter avocations unsuited to their age or strength.

Article 39A lays down that the State shall secure that the operation of the legal system promotes justice, on a basis of equal opportunity, and shall, in particular, provide free legal aid to ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities.

Article 42 enjoins the State to make provisions for securing just and humane conditions of work and for maternity relief.

Notwithstanding these constitutional provisions, the situation on the ground remains unchanged as manhole deaths have become normal and routine news, evoking very poor response from State agencies and society in general.

DELHI HC RULING COULD BE WAY OUT OF HOLE

The Delhi High Court had in August 2008 issued a series of directions to make things easier for sanitation workers. It had ordered that medical examination and treatment will be given free of charge to sewer workers and their services should not to be terminated either by government agencies or contractors during illness. They shall be treated as if on duty and will be paid their wages during illness.

It had also ordered payment of an immediate ex gratia solatium of Rs 1 lakh to the family of a deceased worker, recoverable from the contractor. It asked the government to ensure payment of all statutory dues such as Provident Fund, gratuity and bonus to all the sewer workers, including contract workers, as applicable in law.

Most important, the Delhi HC directed the government to provide “as soon as possible” modern protective equipment to all sewer workers, besides soap and oil to all the workmen on a monthly basis. 

The HC had ordered the authorities to provide restrooms and canteens, first-aid facilities, safe drinking water, washing facilities, latrines and urinals and shelters.

If the problem has to be tackled and manhole deaths checked, the exhaustive directions issued by the Delhi HC should be replicated and implemented across India. — Satya Prakash