The Supreme Court on Thursday imposed a penalty of ₹5 lakh on the Delhi government’s Public Works Department (PWD) for engaging manual sewer cleaners, including a minor, outside its own premises in violation of earlier directions prohibiting the practice.
A bench of Justices Aravind Kumar and N V Anjaria expressed strong displeasure after photographs and video evidence revealed labourers working without protective gear near Gate F of the apex court.
Court’s Directions
Referring to its October 20, 2023 order, the bench said the directions against manual scavenging had been “consciously ignored.” It directed the PWD to deposit the penalty with the National Commission for Safai Karmacharis within four weeks.
“It would be reasonable to impose a cost for having undertaken such work as evidenced from the photographs annexed with this application. Hence, we direct PWD to deposit the sum of ₹5 lakh…,” the court ordered.
The bench further warned that recurring violations would invite registration of FIRs under the Bharatiya Nyaya Sanhita (BNS) and Bharatiya Nagarik Suraksha Sanhita (BNSS) against erring officials.
Amicus Points to Minor’s Involvement
Senior advocate K Parameshwar, acting as amicus curiae, flagged that a minor had been engaged in the hazardous task.
“The minor was engaged, and it’s specifically recorded in the video. A police complaint was sought to be lodged at Tilak Marg station but neither the police nor the PWD took appropriate action. This is not merely a labour law violation but a breach of constitutional obligations,” he submitted, urging that the fine be recovered from responsible officers.
Bench Rejects PWD’s Defence
The PWD argued that the activity was limited to “de-silting covered drains” before the monsoon, and that officials were not at fault. The bench rejected this, noting that contracts clearly mandated safety gear and prohibited hiring workers below 18 years of age.
The judges also observed that the PWD failed to issue warnings, blacklist the contractor, or initiate any action despite clear violations, adding:
“This clearly indicates that the officials seem to be dragging their feet.”
Ongoing PIL Against Manual Scavenging
The court is monitoring the issue through a public interest litigation concerning manual scavenging practices across the country. The present applications highlighted the hazardous cleaning at the Supreme Court gates, prompting the latest rebuke.
While the bench refrained from ordering FIRs this time, it made clear that any future lapse would invite personal criminal liability for officials and contractors involved.
