Punjab HC raps Military Engg Services over sewer deaths

Two “valuable” human lives have been lost yet again due to the non-implementation of the law prohibiting manual scavenging, the Punjab and Haryana High Court has ruled while directing the Union of India and the Military Engineer Services (MES) to pay Rs 30 lakh compensation to the family of a “sewer supervisor”.

The direction came as Justice Kuldeep Tiwari held that the supervisor “lost his life while cleaning sewers, without safety gear”. The Bench was hearing a petition filed by victim Pargat Singh’s wife Amandeep Kaur.

The Bench was told that the sewer supervisor lost his life alongside another worker while cleaning sewers at the Air Force Station in Barnala. The victim was working with an MES-approved contractor, to whom a contract was awarded for carrying out the work. The matter was argued by advocate LS Sidhu for the petitioner, while counsel Hitesh Verma appeared for the victim’s parents.

Justice Tiwari asserted the lives were lost again following non-implementation of the Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013, and the Prohibition of Employment as Manual Scavengers and their Rehabilitation Rules, 2013.

Describing the facts as “unfortunate”, Justice Tiwari asserted the petitioner had approached the court for directions to the respondents to pay a “suitable compensation on account of sewer death of her husband”.

Virtually rapping the authorities for their failure to ensure safety, Justice Tiwari observed, “It is also nowhere coming forth from the record that the Military Engineer Services has taken any steps to ensure the strict implementation of not only the provisions of the Act of 2013 and the Rule of 2013, but also the provisions of the contract, which mandates upon the contractor to ensure safety measures to be taken while cleaning sewers.”

Before parting with the case, the Bench directed the respondents to pay Rs 30 lakh compensation to the victim’s legal representatives; with 60 per cent to Amandeep Kaur and her minor daughter. The remaining amount was directed to be distributed to Pargat Singh’s parents in view of the consensus among the family members.

Punjab