Wake up from slumber: SC slaps ₹5 lakh fine on PWD over lack of safety gear

The reprimand came after amicus curiae K Parameshwar reported that PWD engaged labourers outside SC’s Gate F for drain desilting without protective gear

The Supreme Court on Thursday sent a terse reminder to all civic agencies in Delhi to “wake up from their slumber” to prevent manual scavenging deaths as it slapped the Delhi government’s Public Works Department (PWD) with a fine of ₹5 lakh for employing labourers without safety gear in desilting of drains outside the court complex.

The court noted that PWD had outsourced the task to a contractor, but failed to issue notices or blacklist him for negligence.

The bench of justices Aravind Kumar and NV Anjaria said that if any worker dies, FIRs would be registered against the responsible officials.

“We make it explicitly clear that in the event of any untoward incident, this court would direct registration of FIR against the officials… This order is not just for PWD, but other officials also need to wake up from their slumber and ensure our directions are complied with.”

The reprimand came after amicus curiae K Parameshwar reported that PWD had engaged labourers outside Supreme Court’s Gate F for stormwater drain desilting without protective gear -- despite the court actively monitoring manual scavenging deaths nationwide. He also cited other similar violations across Delhi.

Taking up the report on priority, the court noted that PWD had outsourced the task to a contractor, but failed to issue notices or blacklist him for negligence.

“This indicates the officers seem to be dragging their feet,” the court remarked.

Issuing fresh directions, the bench ruled: “The contractor will not allow any labourer to enter the drain without safety gear. We direct the PWD to deposit a cost of ₹5 lakh with the National Commission for Safai Karamcharis within four weeks.”

The judges also warned that recurrence of such incidents would invite FIRs under relevant provisions of the Bharatiya Nyaya Sanhita (BNS).

Incidentally, the order came a day after tragedy struck in Ashok Nagar, northwest Delhi, where a 35-year-old daily wage worker died and two others were critically injured after entering a sewer without protective gear.

The court underlined that despite its October 2023 order mandating total eradication of manual scavenging, deaths in Delhi continue. It stressed that rehabilitation of victims and families must be ensured: scholarships and skill development training for families of victims, and compensation of ₹30 lakh for families of deceased workers -- three times the previous ₹10 lakh.

The court has now posted the matter on October 15 to consider whether the increased compensation should be paid to families of deceased who died prior to the date of the judgment.