In a searing judgment highlighting the grim realities of manual scavenging and the indifference of society, the Madras High Court has ordered ₹10,00,000 in compensation for the family of Sridhar, a young manual scavenger who tragically lost his life 24 years ago while working without safety equipment. Justice D. Bharatha Chakravarthy condemned the incident as a failure of humanity and governance, urging authorities to ensure such incidents are never repeated.
Background of the Case
In 2000, Sridhar, aged 22, was employed as a manual scavenger by a contractor, Selvam, engaged by the Chennai Metropolitan Water Supply and Sewerage Board (CMWSSB). While working to clear a blocked sewer line in Chennai, Sridhar was sent underground without any safety equipment or protective gear. After failing to return, emergency services recovered his lifeless body, confirming he had died inside the sewer.
Sridhar’s father, Kannaiyan, initially filed a compensation claim in 2002 under the Workmen’s Compensation Act. However, the case faced multiple procedural setbacks. Despite laws prohibiting manual scavenging, the respondents, including CMWSSB, failed to address the situation proactively. Over the years, Kannaiyan and his family faced further hardships, with both Kannaiyan and Sridhar’s mother passing away before justice was delivered. His daughters, Jaya and Venda, continued the prolonged legal battle, which ultimately concluded with this judgment.
Critical Legal Issues
The judgment revolved around significant legal and moral questions:
1. Violation of Prohibited Practices: The court noted that manual scavenging, outlawed by the Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition) Act, 1993, was blatantly ignored, leading to Sridhar’s death.
2. Accountability of Authorities: The Chennai Metropolitan Water Supply and Sewerage Board and its contractor were condemned for neglecting their duty to ensure the safety and dignity of workers.
3. Delayed Justice: Repeated dismissals for procedural delays showed a lack of sensitivity to the plight of the victim’s family, undermining their quest for justice.
Court’s Observations
Justice D. Bharatha Chakravarthy delivered a deeply reflective judgment, describing the incident as a societal failure. He remarked:
“One of our fellow human beings died of manual scavenging. This violates all tenets of human rights. How many more lives do we want to sacrifice before learning to maintain our sewers as pristine as our arteries carrying blood to our brains?”
The judgment underscored the inhumanity of allowing young men like Sridhar to enter hazardous sewers without safety gear, stating that such acts amount to “homicide by an insensitive society.” Justice Chakravarthy referred to landmark Supreme Court rulings, including the Safai Karamchari Andolan case, where the Court mandated ₹10,00,000 compensation for sewer-related deaths.
He further observed that the responsibility to prevent such tragedies extends beyond individuals to society as a whole, urging citizens to treat and maintain sewer systems with the same care as essential human arteries.
The court also criticized the systemic inertia that forced Kannaiyan to approach the Labour Commissioner for relief. The case languished for years, reflecting apathy from all concerned authorities. Justice Chakravarthy emphasized that proactive measures should have been taken to summon the petitioners and pay compensation promptly.
Court’s Decision
The court issued clear directives to ensure justice for the victim’s family:
1. Compensation: The Chennai Metropolitan Water Supply and Sewerage Board was ordered to pay ₹10,00,000, allocated as follows:
– ₹3,30,000 to Jaya.
– ₹6,70,000 to Venda, including ₹3,30,000 for the education and upbringing of two minor dependents, Mohan and Vijaykumar.
2. Apology: The authorities were instructed to include a letter of apology to the family, acknowledging societal responsibility for Sridhar’s death and the delay in compensation.
3. Future Accountability: The court emphasized that CMWSSB could recover damages from its contractor, Selvam, if it deemed his actions negligent.
In an emotionally charged epilogue, the judgment quoted Mahatma Gandhi’s words on the need for hygienic living and societal responsibility, urging systemic reform to eradicate manual scavenging once and for all.
