The main legal point established in the judgment is the obligation to ensure the safety and well-being of sewer workers, including the provision of modern protective equipment, medical treatment, compensation, and the transition from manual to mechanized sewer cleaning.

1. This public interest litigation concerns the working conditions of those employed for cleaning of the sewers in the city of Delhi. It shows that their working conditions are wholly incompatible with human dignity and hazardous for their health and safety. The report by the Centre for Education and Communication (CUC) is placed on record, which apart from analysing the data gathered through the survey conducted in Delhi also suggests short and long term measures to tackle the issue. Reliance is also placed on the order dated 15th February, 2006 of the High Court of Gujarat in Praveen Rashtrapal v. Chief Officer, Kadi Municipality (SCA Nos. 8989/2001 and 11706/2004) where a series of directions have been issued.

2. At the first hearing of the PIL, Division Bench of this Court while directing Rule issued, inter alia, the following directions:

Having given our careful consideration to the submissions made at the bar, we are of the opinion that a case is made out for the intervention of this Court in public interest. We are also of the view that any process of evaluation of the existing systems, the feasibility of reforms in the same would require to be monitored. This can, in our opinion, be done more effectively if the agencies concerned have an opportunity to first interact with each other and evaluate the options available to them. That process could be undertaken before a local commissioner or a committee appointed by this Court as has been done in many cases involving public interest, but to save cost and yet make the process effective and speedy, we would request one of our Honble brother judges to donate some time beyond the court hours to work out a feasible solution to the problem acceptable to all. If that happens, the matter can be listed for orders and disposal before the Court subject to such modifications in the proposed solution as the Court may deem fit and proper. In case, however, a solution eludes the exercise requiring any direction from this Court, the matter shall be listed for directions before the Court.

We accordingly request Honble Dr.Justice S. Muralidhar, a judge of this Court, to donate some of his valuable time beyond court hours in an attempt to find out a workable solution to the problem in consultation with all concerned including experts, if any on the subject. The parties shall appear before Dr. S. Muralidhar, J on Saturday the 18th August, 2007 at 11.00 a.m. in his lordships chamber.

3. Thereafter, fairly elaborate detailed hearings were held by Dr.S. Muralidhar, J on 18th August, 2007, 22nd September, 2007 and 1st December, 2007. Although a number of issues have been highlighted by the petitioner, the issues that have been considered on priority basis include : (a) deaths of the sewer workers, (b) their health and safety, (c) the steps to prevent recurrence of deaths and injuries of the sewer workers and to improve their working conditions (d) the compensation if any paid for the deaths of the workers in the course of their employment and (e) the steps to be taken to phase out manual work and replace it with mechanized sewer cleaning. By order dated 5th April, 2008, which is in the form of a report, magnitude of the problem has been noted with reference to the affidavit dated 4th April, 2008 of Delhi Jal Board (DJB) wherein it is mentioned that "the infrastructure in the National Capital comprises of a network of 6150 Kms long sewers. Out of this 150 Kms is the length of trunk sewers, 1500 Kms is the length of peripheral sewers and 4500 Kms is the length of internal sewers. The sewer network is connected to 17 Sewage Treatment Plants, having a composite capacity of 512.4 MGD. Besides, there are 33 major Sewage Pumping Stations located at various locations to pump the sewage wherever required." It was noted that at present 3923 permanent workers are employed against 4171 sanctioned posts. In addition there are 1403 muster roll workers. Apart from these workers, contract labour is also e