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IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO.4911 OF 2008

(@SPECIAL LEAVE PETITION (CIVIL)NO.5145 OF 2006)

PEOPLES' UNION FOR CIVIL LIBERTIES Appellant(s)

VERSUS

GOVT. OF NCT OF DELHI & ORS.

Respondent(s)

O R D E R

1.

Leave granted.

2.

The appellant, a public charitable society, had filed a writ petition

before the Delhi High Court alleging that there were large number of

sewerage workers who met with accidents in the course of their

employment; that these workers were engaged by the Municipal Corporation

of Delhi/Delhi Jal Board; that the workers were not provided with safety

equipments; and that the departments do not take precautionary measures

to save the lives of these workers. The appellant alleges that under similar

situation the Bombay High Court had entertained a writ petition and issued

certain directions. The appellant wants that as regards Municipal

Corporation of Delhi/Delhi Jal Board also, similar directions should be

issued. The appellant also prays that the National Human Rights

Commission (NHRC) has framed an elaborate scheme and the same shall be

implemented by the Delhi Municipal Corporation. It also prays that the Delhi

Jal Board, under whose jurisdiction the sewerage work is being done, shall

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also take care of all the lives of these workers.

3.

In view of the scheme formulated by the NHRC the High Court declined

to interfere and the writ petition was dismissed. Challenging the same, the

appellant is before this Court by way of this appeal.

4.

Heard learned counsel for the appellant and also learned counsel for

the respondents.

5.

Counsel for the appellant pointed out that in spite of the scheme

being approved by the NHRC, these organisations are not implementing the

scheme effectively and sincerely, and the workers are met with serious

accidents and they are not being taken care of well when they met with

accidents.

6.

Learned counsel for the Delhi Jal Board has stated that the scheme

suggested/recommended by the NHRC has been fully implemented and the

additional posts have also been created and a separate department, namely,

Department of Safety and Disaster Management has been set up and a

Special Consultant for Safety Measures appointed. It is also submitted that

all the directions suggested by the NHRC are being fully implemented.

7.

It is important to note that the NHRC has suggested very detailed

guidelines and some of the guidelines deal primarily with measures to be

taken when a sewerage worker is engaged to clean the sewerage. It is

suggested by the NHRC that (i) emergency first aid treatment kits should be

provided to take care of all minor injuries like cuts and burns; (ii) a

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physician's services should be available for emergencies; (iii)

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the workers should be educated about the hazards of waterborne diseases,

such as typhoid and cholera through sewage and tetanus through cuts and

wounds. Cuts and grazes should be covered with waterproof plasters.

Effective immunization of workers against diseases such as typhoid, cholera,

tetanus, etc. should be done by vaccination; (iv) the importance of personal

hygiene should be emphasized and the workers should be instructed to keep

finger- nails short and well trimmed, wash hands with soap and hot water

before taking food or smoking and to keep fingers out of nose, mouth and

eyes, because the hands carry most infections; (v) use of rubber glove

should be insisted so that sewage or sludge does not come in direct contact

with the hands. Before starting work, skin likely to be exposed to sewage

should be covered with barrier cream or worker should be provided with

wadder suit; (vi) the workers should be provided with a complete change of

work clothes to be worn during working hours. Gum boots should also be

provided for the workers; (vii) when the work is complete