Manual Scavenging Is A Blot On The Nation’s Conscience: Calcutta High Court Orders ₹30 Lakh Compensation On Sewer-Desilting Deaths
Isabella Mariam
The High Court of Calcutta Division Bench of Acting Chief Justice Sujoy Paul and Justice Chaitali Chatterjee Das held that the municipal corporation and other State authorities were responsible for lapses that resulted in the deaths of four labourers and injuries to three others during a sewer-desilting operation in South Kolkata in February 2021. In a judgment that recorded the Court’s strong disapproval of the systemic failures leading to the incident, the Bench directed payment of enhanced compensation in line with Supreme Court norms and issued several directions aimed at ensuring compliance with statutory obligations. The case arose from allegations of hazardous deployment of workers in an underground sewer line and the alleged failure of supervising agencies to prevent the fatalities.
The petition was filed as a public interest litigation concerning the deaths of four labourers and injuries sustained by four others during the de-silting of an underground sewer line in South Kolkata, a project executed under the Kolkata Environmental Infrastructure Improvement Project operating under the Kolkata Municipal Corporation. The incident occurred on 25 February 2021. The petitioners sought an independent investigation into the circumstances of the deaths and injuries, prayer for compensation to the families of the deceased and the injured, and action against responsible persons. They stated that the workers became unconscious after inhaling toxic fumes and drowning in sewer sludge and that no qualified engineer was supervising the work. They also referred to applications filed under the Right to Information Act for information related to the incident.
The KMC respondents submitted that the work had been entrusted to an agency through due procedure and that responsibility lay with the contractor. They stated that a committee had been constituted to enquire into the incident and that the contractor had been penalised, asked to pay compensation, and subjected to criminal proceedings and blacklisting. The statutory framework discussed included the Prohibition of Employment as Manual Scavengers and Their Rehabilitation Act, 2013, and judicial directions concerning compensation for sewer deaths.
The Court recorded that the petition concerned the “death of four labourers and the injuries sustained by other four labourers who were engaged in de-silting of underground sewer line in South Kolkata.” It stated that these deaths occurred “on account laches and negligence on the part of the respondent authorities,” noting that “it is shocking that this PIL has to be filed for ensuring the legitimate claims of the persons and family members in terms of the 1993 Act and the slew of directions issued by the Apex Court.”
A central part of the Court’s reasoning addressed the continuing systemic failure surrounding manual scavenging. The Bench stated: “It’s disheartening to see cases of death and severe injury due to manual scavenging still plating in courts today. This issue is a stark reminder of the countries ongoing struggle to ensure basic human dignity and rights for all citizens despite significant progress in various fields. Manual scavenging is a grave, human right, concern and its persistence is a blot on the nation’s conscience.”
The Court recorded that “there are serious lacunas and negligence on the part of the respondent authorities in complying with the direction of the Hon’ble Supreme Court and also in not framing any guidelines in consonance with the Act of 2013.” It noted that neither the State nor the municipal authorities demonstrated “any such mechanism has been adopted or any monitoring committee has been constituted in terms of the relevant provision of the Act.” It further stated that “There is a specific prohibition in Section 7 of the Act of 2013 from engaging or employing for hazardous cleaning of sewers and septic tanks,” but the affidavits disclosed no compliance with this mandate.
On the municipal corporation’s position, the Court stated it was “unable to appreciate the submission… that since the direction was given… to pay an adequate compensation, they have discharged their liabilities,” adding that “no explanation can be found as to why such direction has not been complied with till date,” and that the KMC “cannot escape the liability and obligation cast upon them in accordance with law.”
Regarding the police response, the Bench recorded “the blatant negligence by washing his hands by only intimating the court that a case was recorded… against some unknown persons,” pointing out the absence of any subsequent affidavit showing the status of investigation.
The Court directed “To pay an amount of ₹5 lakhs each to the victims sustained injuries within a period of two months from the date of this order, to pay an amount of ₹30 lakhs (minus 10 lakhs already paid) to each of the family members of the deceased workers within a period of three months from the date of this order, to constitute a committee in terms of the Act of 2013… at the earliest but not beyond 30 days, to ensure an independent investigation… and to submit a report to the learned Registrar general of this court… within a period of 4 weeks, to file separate Report showing compliance with the order before the Learned Registrar General, and to make all endeavours to contact with the family members of the deceased family and the injured victims… and to provide legal assistance to ensure the compensation amount is paid.”
Advocates Representing the Parties
For the Petitioners: Mr. Raghunath Chakraborty, Advocate; Mr. Mahaboob Ahmed, Advocate
For the Respondents: Mr. Alok Kr. Ghosh, Advocate; Mr. Subhrangsu Panda, Advocate for KMC
Case Title: Association for Protection of Democratic Rights & Anr. v. State of West Bengal & Ors.
Neutral Citation: 2025:CHC-AS:2121-DB
Case Number: W.P.A.(P) 259 of 2021
Bench: Acting Chief Justice Sujoy Paul, Justice Chaitali Chatterjee Das
