1. Deaths of labourers in sewer due to lack of safety — PIL seeking compensation and investigation. (Para 1 , 2 )
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2025 Supreme(Online)(Cal) 7693
CALCUTTA HIGH COURT
Sujoy Paul, ACJ, Chaitali Chatterjee Das, J
ASS. FOR PROTECTION OF DEMOCRATIC RIGHTS AND ANR. – Appellant
Versus
STATE OF WEST BENGAL AND ORS. – Respondent
WPA(P) 259 / 2021
Advocates:
For the Petitioners: Raghunath Chakraborty, Mahaboob Ahmed
For the Respondents: Alok Kr. Ghosh, Subhrangsu Panda
For the Petitioners: Raghunath Chakraborty, Mahaboob Ahmed
For the Respondents: Alok Kr. Ghosh, Subhrangsu Panda
State agencies are liable for compensation for sewer deaths and injuries, regardless of whether work is outsourced. Compensation for sewer deaths must be updated to Rs. 30 lakhs and state monitoring committees must be mandated under the 2013 Act to ensure safety and accountability.
Headnote:(A) Constitution of India, 1950 - Articles 14, 17, 21 & 23 - Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013 - Sections 7 and 8 - Hazardous cleaning of sewers - Compensation for sewer deaths - Legal obligation of state agencies to ensure safety of sewage workers - Failure to comply with guidelines issued by the Apex Court regarding increased compensation for sewer deaths - Compensation for death enhanced to Rs. 30 lakhs and for permanent disability rendering the victim economically helpless to Rs. 20 lakhs, with a minimum compensation of Rs. 10 lakhs. (Paras 10, 11, 12, 14)
(B) Public Interest Litigation - Maintainability - Legal action initiated for enforcement of public interest especially when basic fundamental rights of the public at large are affected - Court must evaluate intent and purport of filing to check for malice - Locus standi of civil rights activists and organizations working for human dignity is recognized. (Paras 9, 21)
Facts of the case:
A public interest litigation was filed seeking independent investigation and compensation for the unnatural deaths of four labourers and injuries to others during the de-silting of underground sewer lines under a project of a local municipal body. It was alleged that the incident occurred due to lack of qualified supervision and violation of safety rules, leading to the inhalation of toxic fumes and drowning. The municipal body claimed the work was outsourced to a contractor and that a committee had penalized the contractor, who paid Rs. 10 lakhs each to the deceased's families. However, the petitioners sought higher compensation in accordance with recent Supreme Court directions.
Findings of Court:
The court found serious lacunae and negligence on the part of the respondent authorities in complying with the Supreme Court's directives on compensation and in framing guidelines in consonance with the Act of 2013. The court noted that the municipal body attempted to shift total liability to the contractor and cannot escape its own legal obligations.
Issues: The main issues were whether the petition was maintainable as a PIL and whether the respondent authorities failed to provide adequate compensation and safety mechanisms in accordance with the law and Supreme Court directives.
Ratio Decidendi: The court ruled that state agencies and their instrumentalities cannot escape liability for sewer deaths occurring during outsourced work. Compensation for sewer deaths must be updated to Rs. 30 lakhs as per current equivalents, and the state must constitute monitoring committees as mandated by the 2013 Act to ensure accountability and safety.
Result: Writ petition allowed and disposed of.
Legal Category Hierarchy
- administrative law
- constitutional law
- crime and sentencing
- labour and employment
Table of Contents
2. Petitioner: compensation inadequate under Supreme Court directions; KMC: work entrusted to agency, petitioner lacks locus. (Para 4 , 5 , 6 , 7 , 16 , 18 )
3. Authorities failed to comply with directions under the 2013 Act regarding compensation and monitoring committees. (Para 9 , 10 , 11 , 12 , 13 , 14 , 15 , 19 , 20 , 21 )
4. State must pay ₹30 lakhs compensation for sewer deaths and ₹10 lakhs minimum for disabilities under Act. (Para 12 , 22 )
5. Directions issued for enhanced compensation, committee constitution, independent investigation, and compliance report. (Para 22 , 23 , 24 , 25 )
6. What is the compensation payable for deaths due to manual scavenging or sewer work?
The Supreme Court directed compensation of ₹30 lakhs for sewer deaths, replacing the earlier ₹10 lakhs amount. (Para 12 , 22 )
7. What compensation is payable for disabilities caused by sewer work?
Minimum compensation of ₹10 lakhs for disability, and not less than ₹20 lakhs if permanent and renders victim economically helpless. (Para 12 )
8. What are the state's obligations under the Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013?
State must constitute a monitoring committee under Section 8 and ensure compliance with safety and rehabilitation provisions. (Para 14 , 22 )
9. Can a public interest litigation be filed for deaths of manual scavengers?
Yes, when fundamental rights are affected and authorities fail in legal obligations, PIL is maintainable. (Para 9 , 21 )
10. What are the consequences for contractors engaged in hazardous sewer cleaning work?
Contract cancellation, blacklisting, monetary liability, and compliance with Supreme Court safety directions in agreements. (Para 7 , 13 , 16 , 22 )
CHAITALI CHATTERJEE DAS, J. :-
1.This public interest litigation has been filed by the petitioner pertaining to unnatural deaths of four labourers and the injuries sustained by other four labourers who were engaged in de-silting of underground sewer line in South Kolkata, which was carried out under a project of Kolkata environment, Infrastructure Improvement Project (KEIIP) which functions under the KMC.
Brief resume of the case
2.The petitioner no.1 being the Association for Protection of Democratic Rights Organisation (APDR) in the country is a non-governmental organisation of conscious citizens, espoused various issues of public interest to the notice of the court, where government administration fails to maintain its constitutional and legal obligations and protect and secure the interest of the citizen. The petitioner no. 2 is a non-civil right activist and post editorial contributor to vernacular newspaper including daily newspaper Ananda Bazar. The petitioner became aware of the case of death of manual scavengers at khudghat as a result death of 4 persons took place and 3 persons sustained serious injury. The incident occurred on 25th of February 2021, while working on de-silting of underground sewer line in South Kolkata. This public interest litigation has been filed with a prayer for an independent investigation to be directed to conduct pertaining to the incident occurred on June 25, 2021 to investigate the events surrounding the unnatural death and injuries of the victims. Further prayed for interim compensation of at least ₹16 lakhs to each of the family members of the deceased victims and ₹5 lakhs to the injured victims and also for a direction to take action against the persons found responsible for the incident in accordance with law.
Submissions made by KMC
3. The Learned Advocate representing the petitioner no.2 to 6 at the outset has taken a point on the ground of maintainability of this Public Interest Litigation by the petitioner organisation as they are busy body ,acting with malafide intention and has been filed with a desire to gain publicity and cheap popularity .They have no locus to file this petition.
4. It is further assailed that the work of desilting was carried out under a project of Kolkata Environmental Infrastructure Improvement Project (KEIIP) which functions under the KMC. It is contended that the incident happened as there was no qualified engineer to supervise the workers which violated all safety rules and the labourers who entered into the underground pit to connect drainage pumping station with sewerage line became unconscious after inhaling toxic fumes, and drowning in the sewer sludge. After the incident was reported in the media, including print media, the chairman of KMC board of administrator constituted a three member committee comprising controlling officers, DG, KEIIP, DG, KMC drainage, and sewage and DG. KMC project development to prove into the matter and based on the findings, the contractor of the project to be penalised and if he found guilty appropriate criminal action will be taken against them. They contractor was asked to pay ₹5,00,000 each to the families of the deceased. However no person was arrested in connection with the incident. The petitioner sought for certain information regarding its functioning and report by filing his application under the Right to Information Act dated September 8, 2021, but no such information has yet been received. Over such incident the unnatural death case was started, but as of now no one has been arrested.
5. The learned Advocate representing the petitioner further submits that the decision of the Hon'ble Supreme Court in the case of Dr Balaram Singh versus union of India reported in, (2023 INSC 950) deprecated the practice of using manual scavenging and several guidelines were framed and directions were given to the state government to follow the same .In terms of said directions, the State government of each State and the Union
