Orissa HC seeks proof of payment of compensation to families of manual scavenging victims

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The Orissa High Court has sought the status of compensation to families of persons deceased due to manual scavenging from the Water Corporation of Odisha (WATCO). The compensation is with respect to two deaths, one in Bhubaneshwar and the other in Cuttack and the court has sought copies of the receipts as proof of payment from WATCO by next date.

The amicus curiae, Pami Rath, informed the bench of Chief Justice S Muralidhar and Justice Savitri Ratho that two more deaths of sanitation workers occurred in Kandhamal and the court has allowed her to file an application to bring the facts on record. The court was also informed that as per Bhubaneswar Municipal Corporation’s (BMC) affidavit, the two victims in the Bhubaneswar incident were not sanitation workers since they were involved in construction of the sewage tank, and not its cleaning and therefore not covered by the Supreme Court’s order. The amicus curiae contended that this stand is not tenable under The Prohibition Of Employment As Manual Scavengers And Their Rehabilitation Act (PEMSR Act). The court has agreed to consider this argument on the next date, July 6.

Rath also submitted two detailed notes regarding the replies filed by the Opposite Parties which according to her do not address certain key issues and also pertaining to implementation of the provisions of the statutes (SC/ST Act and PEMSR Act) referred in the court’s April 19 order.

Accordingly, the court directed the state government, BMC and Cuttack Municipal Corporation (CMC) to file separate additional affidavits addressing the issues raised in the amicus curiae’s notes.

Background

In April, the court had taken suo moto cognizance of deaths of four sanitation workers; two suffocated to death after entering into a septic tank in Bhubaneswar and two others died in Cuttack while working in sewer lines.

The bench led by the Chief Justice had said, “The shameful practice of making persons belonging to the underprivileged and poorest sections of Indian society undertake the hazardous manual cleaning of sewers and septic tanks continues unabated notwithstanding the enactment of the Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013 (‘PEMSR Act’). It shocks the judicial conscience, as it should the society’s collective conscience.”

The court had issued notice and sought response from the Chief Secretary, Secretaries of housing and urban development and SC-ST welfare departments, commissioners of municipal corporations of the two cities. The bench had also asked the respondents to ensure that by May 10, a compensation of Rs 10 lakh each is disbursed to the family of the deceased workers.

The order may be read here: