Madras High Court Calls Manual Scavenger's Death 'Homicide By Insensitive Society', Orders ₹10 Lakh Compensation To Kin

Citing the words of Mahatma Gandhi, Justice Bharatha Chakravarthy remarked that it was easy to blame the authorities when we, as citizens were pushing everything into the drains indiscriminately. The court emphasised the need to maintain the sewers much like the arteries carrying the blood to our brains.

“When we, the inhabitants of the city, push everything inside the drains and sewers indiscriminately, it is nothing short of a homicide by the insensitive society. How many more lives do we want to sacrifice before learning that we must treat and maintain our sewers and drains as pristine as our arteries carrying blood to our brains?” the court remarked.

In the present case, one Sridhar was appointed by Selvam, the contractor employed by the Chennai Metropolitan Water Supply & Sewage Board. Sridhar was made to work as a manual scavenger and clear the block/choking of the underground sewer without any protective gear. During the work, Sridhar died. Information was given to the police and a case was also registered.

Sridhar's father Kannaiyan then approached the Deputy Commissioner of Labour Workman Compensation Though the compensation claim was filed in 2002, the case was first taken up only in 2007. Since Kannaiyan was not present when the case was taken up for hearing it was dismissed for default. Thereafter, the case was restored but again dismissed for default. A restoration petition was again filed along with a petition to condone the delay, but the Deputy Commissioner dismissed the application noting that the matter had been repeatedly dismissed for default.

Advocate Prabhakar Reddy, appearing for Kannaiyan submitted that the approach of the Deputy Commissioner was unwarranted. He submitted that the society was guilty of letting Sridhar perform manual scavenging even at a time when there was a prohibition and thus, considering the family's position a lenient view should have been taken. The respondent authorities, however supported the decision of the Deputy Commissioner.

The court criticized the authorities for making the father approach the labour commissioner for compensation and remarked that the authorities should have immediately agreed to pay the compensation. The court also observed that the labour commissioner should have been alive to the facts of the case instead of dismissing the case for default. The court added that the authorities could have initiated proceedings against the contractor, who made Sridhar work without any protective gears.

“It was extremely unfair on the part of all the respondents. Needless to mention that if the second respondent contractor has not performed his part of the obligation in providing protective gear etc., it will always be open to the fourth respondent to initiate proceedings against its own contractor for recovery of the entire or portion of the damages which is awarded by this Court,” the court said.

The court remarked that the issue did not need a elaborate reasoning. The court relied on the decision of the Supreme Court in the case of Safai Karamchari Andolon and Others v. Union of India which mandated payment of Rs. 10 Lakh to the family of the person who dies in sewer cleaning.

The court thus ordered the authorities to pay the amount to the remaining dependants of Sridhar and ordered accordingly.

Counsel for the Petitioner: Mr. A. Prabhakara Reddy

Counsel for the Respondent: Mr. K.Surendran for R1 Additional Government Pleader R2- Not ready in notice Mr.G.T.Subramanian for R3 (Corporation) Mr.Jeery V.V.Sundar for R4 (CMWSSB)

Case Title: C Kannaiyan and Others v Deputy Commissioner of Labour – I

Citation: 2025 LiveLaw (Mad) 6

Case No: W.P.No.2339 of 2010