SC slaps Rs 5 lakh fine on PWD for manual cleaning of sewers

New Delhi, Sep 18 (PTI) The Supreme Court on Thursday imposed a Rs 5 lakh fine on Delhi government’s Public Works Department for engaging manual sewer cleaners, including a minor, right outside the top court in violation of its orders prohibiting the practice.

A bench comprising Justices Aravind Kumar and N V Anjaria expressed displeasure at the PWD's response, following reports that labourers without protective gear were made to manually clean drains outside Gate F of the top court.

The bench, while observing that its October 2023 directions had been flouted, warned directing FIRs against the erring officials upon future violations.

“It would be reasonable to impose a cost for having undertaken such work as evidenced from the photographs annexed with this application. Hence, we direct PWD to deposit the sum of Rs 5 lakh to the National Commission for Safai Karmacharis within four weeks,” the top court directed.

In a word of caution, the top court maintained not only those from the PWD but other officials needed "to wake up from slumber" to ensure compliance of its directions "in letter and spirit".

"We make it clear that in the event of recurring, this court would be compelled to direct registration of FIR under the BNS and the BNSS." Senior advocate K Parameshwar, assisting the bench as an amicus curiae, said the incident clearly reflected a disregard for the court’s binding directions.

He pointed out that video evidence had documented the involvement of a minor and that specific details of those forced into manual work had been provided.

“The minor was engaged, and it’s specifically recorded in the video. A police complaint was sought to be lodged at Tilak Marg station but neither the police nor the PWD took appropriate action. This is not merely a labour law violation rather it is a breach of constitutional obligations. Let the fine be recovered from the officers themselves,” he said.

The bench, in its order, referred to its directions issued on October 20, 2023 and did not agree to the submissions of the PWD counsel that it was only de-silting the covered drains for the purpose of keeping in mind the ensuing monsoon and the officials were not at fault.

The top court, however, said, “In respect of the incident at Gate F and B of the Supreme Court of India, the drains have been constructed, and for desilting the said drain, the PWD has engaged the services of contractors who are said to have acquired labourers without safety gears….” There is no doubt that the agreement entered into by the contractor with the PWD would mandate that the contractor should provide safety gears and prohibit the engagement of labourers under 18 years of age, it added.

“The orders issued by this court by order October 20, 2023 seem not to have percolated, in other words, have been consciously ignored," the top court said.

The bench continued, "We have said this for more than one. Firstly, the affidavit in reply filed by PWD does not disclose that there have been serious steps taken either to warn the contractors for undertaking, or having undertaken the work, or entrusting the work without the use of protective gears." Secondly, the top court said no steps were taken either to put the contractor under notice or to issue any notice for blacklisting.

"This clearly indicates that the officials seem to be dragging their feet…,” it said.

The bench said it had made explicitly clear that in the event of an untoward incident, the court would direct registration of FIR against the concerned officials.

“At this stage, we detest from doing so for a simple reason that no incident has occurred and to ensure that neither the officials nor the contractor appointed by them allow the worker to enter the drain or soft water drain or sewer without protective gear,” it said.

The bench had taken note of photographs showing manual scavenging and hazardous cleaning being done at one of the gates of the apex court.

The top court was dealing with applications filed in a public interest litigation, which has raised the issue of manual scavenging. PTI SJK SJK AMK AMK