Supreme Court Expresses Dismay Over National Safai Karamchari Commission Members Appointment Delay, Seeks Affidavit Timeline, Warns Principal Secretary Appearance On Non-Compliance
Kiran Raj
The Supreme Court Division Bench of Justice Aravind Kumar and Justice Prasanna B. Varale directed the Union Government to file, within two days, an affidavit stating a definite timeline for appointing the Chairperson and members of the National Commission for Safai Karamcharis, a statutory commission set up to safeguard the rights, dignity and welfare of Safai Karamcharis, including those engaged in sanitation work such as manual scavenging. The Court recorded its dismay that, despite repeated assurances, there had been no progress, fixed the matter for January 27, and ordered that the Principal Secretary, Ministry of Social Justice and Empowerment appear in person if the affidavit is not filed.
The proceedings arise from a continuing public interest litigation concerning deaths caused by manual scavenging and hazardous sewer cleaning and the implementation of statutory and constitutional safeguards for affected persons. The petition was instituted seeking enforcement of the prohibition on manual scavenging, accountability of authorities, and payment of compensation to the dependents of victims. During the pendency of the matter, multiple interlocutory applications were filed by the Union of India, the National Legal Services Authority, and other parties seeking clarification, modification, impleadment, and related reliefs.
One application sought clarification of an earlier order based on an affidavit filed by the Union of India regarding surveys conducted in districts across the country. Another application highlighted divergent approaches adopted by different High Courts on the quantum of compensation payable for sewer deaths. Additional applications raised concerns regarding the functioning and staffing of the National Commission for Safai Karamcharis. Certain connected writ petitions raising similar issues were also placed before the Court to avoid conflicting orders. The dispute, as considered on this date, was limited to clarifying the scope of earlier directions, standardising compensation, correcting the record regarding surveys, and issuing consequential procedural directions.
While dealing with the application filed by the Union of India seeking clarification, the Court referred to the affidavit placed on record and recorded that “out of 775 Districts in the entire country, there is no manual scavenging … in 465 Districts.” The Court clarified the scope of the affidavit by stating that “the affidavit dated 28.01.2025 would only indicate a submission about 465 District having conducted the fresh survey and was found no manual scavangers.” It expressly clarified that “the said affidavit does not make any statement about survey of manual sewer cleaning.”
On the issue of compensation for sewer deaths, the Court referred to its earlier direction and noted the ambiguity arising from divergent interpretations. It clarified that “insofar as the compensation ordered, determined and paid namely, Rupees Ten Lakhs to the legal representatives of the victim as on date of judgment viz., 20.10.2023, such cases or claims would not be reopened.”
The Court further clarified that “in case, the sewer death having taken place even prior to this Court order dated 20.10.2023 if compensation has not been paid or determined as on the date of the judgment … the concerned States or municipal authorities would be required to pay a sum of Rupees Thirty Lakhs.” It also recorded that “in the event of compensation having not been determined or paid in respect of deaths having occurred prior to our judgment dated 20.10.2023, the concerned would be liable and required to pay compensation of Rupees Thirty Lakhs.”
With respect to the functioning of the National Commission for Safai Karamcharis, the Court recorded that "Despite repeated orders passed by this Court and persuading the respondent(s) to appoint Chairman and Members of the Safai Karamchari Commission and placing on record the repeated assurances given by the learned Solicitor General and Additional Solicitor General, the matter was adjourned from time to time. However, there seems to be little progress or no progress at all in this direction. The affidavit of compliance filed would also indicate such appointment's are moving at a snail's pace.
The Court noted: As such, this Court is not satisfied with the reply filed and we make it explicitly clear that if within four weeks from today such appointment is not being made, this Court will be preforced to appoint an adhoc Committee for taking over the work of Safai Karamchari Commission,"
The Court directed that “the Registry may place Writ Petition (C) No.368/2025 before the Hon’ble Chief Justice for listing alongwith Writ Petition (C) No.324/2020 for passing effective orders and to avoid any conflicting orders being passed.”
“The application being IA No.105343/2025 filed by the Union of India stands disposed of by modifying the order dated 29.01.2025 to the extent of deleting the words ‘and manual sewer cleaning’.”
“Insofar as the compensation ordered, determined and paid namely, Rupees Ten Lakhs to the legal representatives of the victim as on date of judgment viz., 20.10.2023, such cases or claims would not be reopened.”
“In case, the sewer death having taken place even prior to this Court order dated 20.10.2023 if compensation has not been paid or determined as on the date of the judgment, the concerned States or municipal authorities would be required to pay a sum of Rupees Thirty Lakhs.”
“In the event of compensation having not been determined or paid in respect of deaths having occurred prior to our judgment dated 20.10.2023, the concerned would be liable and required to pay compensation of Rupees Thirty Lakhs.”
Regarding the National Commission for Safai Karamcharis, the Court directed that “the learned Additional Solicitor General would submit an affidavit stipulating the timeline within which the appointments would be made. In the event of affidavit not being filed, the Principal Secretary, Ministry of Social Justice and Empowerment shall appear in person.”
“The matter(s) be listed on 27.01.2026.”
Advocates Representing the Parties
For the Petitioners: Mr. Manish Tiwari, AOR; Dr. Aditya Sondhi, Senior Advocate; Mr. Pawan Reley, AOR; Mr. Rijuk Sarkar, Advocate; Petitioner-in-person
For the Respondents: Ms. Aishwarya Bhati, Additional Solicitor General; Mrs. Archana Pathak Dave, Additional Solicitor General; Mr. Anand Sanjay M. Nuli, Senior Advocate; other Advocates on record as reflected in the proceedings
Case Title: Dr. Balram Singh v. Union of India & Ors.
Case Number: Writ Petition (Civil) No. 324 of 2020
Bench: Justice Aravind Kumar, Justice Prasanna B. Varale
