The Supreme Court on Wednesday directed all states and Union Territories to release compensation to the families of those who die while cleaning sewers or drains within three weeks of the incident, warning that non-compliance would summon senior officials to court.
A bench of Justices Aravind Kumar and N.V. Anjaria passed the order while reviewing the implementation of its earlier judgment dated October 20, 2023, which had issued extensive directions to eliminate the inhuman practice of manual scavenging.
The bench noted that while the quantum of compensation — whether ₹10 lakh (as per the 1993 scheme) or the enhanced ₹30 lakh (as fixed in the 2023 judgment) — is still under consideration, there was “no reason why states and UTs should not pay at least ₹10 lakh” immediately.
It directed that the amount be disbursed within three weeks from the date of the incident, failing which the concerned secretary of the public works department would be required to personally appear before the court.
The Supreme Court’s 2023 ruling had raised the compensation payable to the next of kin of sewer and septic tank victims from ₹10 lakh to ₹30 lakh. Although the applicability of the enhancement to past deaths is yet to be decided, the bench on Wednesday hinted that deaths occurring after the judgment would attract the new rate.
For those who suffer injuries or disabilities while cleaning sewers, the court directed that compensation must not fall below ₹10 lakh. In cases of permanent disability, the minimum compensation payable was fixed at ₹20 lakh.
Senior advocate K. Parameshwar, who appeared as amicus curiae, assisted the court in monitoring compliance. The bench reiterated that states and Union Territories must also ensure proper rehabilitation of victims and their families.
This includes providing scholarships, skill development, and livelihood assistance to the dependents of those engaged in manual scavenging, in line with the statutory framework under the Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition) Act, 1993, and the Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013.
The directions were issued in a public interest litigation filed by Balram Singh, who sought effective implementation of the two central laws aimed at abolishing manual scavenging. The bench noted that despite these laws, the practice persisted in several parts of the country, and their implementation “remained only on paper.”
The court also directed the Union government to ensure that all statutory and public bodies — including corporations, railways, cantonments, and other agencies — take coordinated steps to eliminate manual cleaning of sewers and septic tanks in a phased manner.
Citing official government data tabled in the Lok Sabha in July 2022, the judgment recorded that at least 347 people had died cleaning sewers and septic tanks in the past five years, with Uttar Pradesh, Tamil Nadu, and Delhi together accounting for 40% of these fatalities.
The bench emphasised that the “inhuman and degrading practice” must end, and victims’ families must be compensated without bureaucratic delay.
