Delhi HC urges strict adherence to Balram Singh guidelines for sanitation worker compensation

Delhi HC urges strict adherence to Balram Singh guidelines for sanitation worker compensation

In a significant legal development, the Delhi High Court recently made a groundbreaking decision to augment compensation for a widow whose husband, a sanitation worker, tragically lost his life. The court's ruling, heavily influenced by the directives set forth in the Supreme Court's Balram Singh v. Union of India & Ors. case, aims to redefine compensation standards for dependents of individuals engaged in manual scavenging.

The petitioner, identified as Preeti, sought legal recourse challenging the compensation she received as the widow of a sanitation worker involved in manual scavenging. Expressing dissatisfaction with the initial compensation of Rs.10 lakhs, Preeti filed a plea, citing the recent Supreme Court judgment in "Balram Singh vs. Union of India & Ors., 2023 SCC OnLine SC 1386." This landmark ruling mandated a substantial increase in compensation for sewer deaths, elevating the amount from Rs.10 lakhs to Rs.30 lakhs. Moreover, the court underscored the need for comprehensive rehabilitation measures, encompassing employment opportunities, educational provisions for children, and skill training.

Preeti's writ petition outlined four key requests. Firstly, she sought a compensation raise from Rs.10 lakhs to Rs.30 lakhs in line with the Supreme Court's directives. Secondly, she urged the court to ensure holistic rehabilitation, aligning with the principles outlined in the landmark judgment. This included provisions for employment, education for her children, and skill training. Thirdly, the petitioner requested the court to award costs in her favor. Lastly, she sought any other orders deemed appropriate by the court in the given circumstances.

Upon careful examination of the petitioner's arguments, the bench of Justice Subramonium Prasad aligned the decision with the Supreme Court's directives. After reviewing the available evidence and considering the broader implications of the apex court's guidelines, the court ordered an increase in compensation to Rs.30 lakhs, adhering to the explicit directive from the Supreme Court. Notably, this adjustment was retroactively applied from 1993, taking into account the prevailing circumstances and economic realities of that time.

Justice Prasad emphasized the paramount importance of comprehensive rehabilitation measures for sewage workers and their dependents, echoing sentiments expressed in the Supreme Court's judgment. The court stressed the urgent need for the Union, States, and Union Territories to expeditiously implement these rehabilitation measures, covering employment opportunities, educational assistance for dependents, and initiatives for skill training.

Following a thorough examination of the facts and circumstances, Justice Prasad issued an order for the immediate implementation of the Supreme Court's directions, marking a significant step towards justice for families of sanitation workers.

Case:  Preeti v. Union of India & Ors,

W.P.(C) 15156 of 2023.



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