LexDELHI JAL BOARD versus NATIONAL CAMPAIGN FOR DIGNITY AND RIGHTS OF SEWERAGE AND ALLIED WORKERS & OTHERS
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A B [2011] 12 S.C.R. 34 DELHI JAL BOARD v. NATIONAL CAMPAIGN FOR DIGNITY AND RIGHTS OF , SEWERAGE AND ALLIED WORKERS & OTHERS (Civil Appeal No. 5322 of 2011) JULY 12, 2011 [G.S. SINGHVI AND ASOK KUMAR -GANGULY, JJ.] Constitution of India, 1950 - Article 226 - Interference C under - Judicial review - Petitions filed pro bono publico for protection of the rights of less fortunate and vulnerable sections of the society- Importance of- Safety and protection of workers who undertake jobs inherently dangerous to life - Duty and constitutional obligation of the Court - Respondent D no.1, engaged in the welfare of sewage workers, filed writ petition by way of public interest litigation, raising issues relating to safety and protection of sewage workers - Whether the High Court was justified in entertaining the writ petition for compelling the respondents (in the writ petition) to take E effective measures for safety of sewage workers and ordering payment of compensation to the families of the victims of accidents taking place during sewage operations - Held: The High Court, by entertaining the writ petition and issuing directions for protection of the persons employed to do work F relating to sewage operations, discharged its obligation to do justice to the disadvantaged and poor sections of the society - The superior Courts will be failing in their constitutional duty if they decline to entertain petitions filed by genuine social groups, NGOs an<:J social workers for espousing the cause G of those who are deprived of the basic rights available to every human being - It is the duty of the judicial constituent of the State like its political and executive constituents to protect the rights of every citizen and every individual and ensure that everyone is able to live with dignity - Courts are not only H entitled but are under constitutional obligation to take 34 DELHI JAL BOARD v. NATIONAL CAMPAIGN FOR 35 DIGNITY cognizance of the issues relating to the fives of the people A who .are forced to undertake jobs which are hazardous and dangerous to life - Some time can always be devoted for hearing the grievance of vast majority of silent sufferers whose cause is espoused by bodies like respondent No. 1 -Public Interest Litigation - Human Rights - Plight of sewage workers.· s Constitution of India, 1950 - Article 226 - Judicial interference - Plight of workers employed/engaged for doing work inherently hazardous and dangerous to life - Constitutional obligation of the State and its agencies! instrumentalities or the contractors engaged by them ...., Writ C petition filed by respondent No. 1 whereupon directions issued by High Court relating to safety and protection of sewage workers - Whether the directions given by the High Court amount to usurpation of the legislative power of the State - Held: It cannot be said that by issuing directions, the High D Court assumed the legislative power of the State - What the High Court did was nothing except to ensure that those employed/engaged for doing work~which is inherently hazardous and dangerous to life are provided with life saving equipments and the employer takes care of their safety and E health - The State and its agencies/ instrumentalities cannot absolve themselves of the responsibility to put in place effective mechanism for ensuring safety of the workers employed for maintaining and cleaning the sewage system - Human beings employed for doing work in the sewers F cannot be treated as mechanical robots, who may not be .affected by poisonous gases in the manholes - Argument of choice and contractual freedom not available to appellant- pub/ic authority and the like for contesting the issues raised by respondent No. 1 - Public Interest Litigation - Human G Rights - Plight of sewage workers. Constitution of India, 1950 - Articles 142 and 136 - Enhancement of compensation - Exercise of power u/Articfe 142 of the Constitution - Death of sewage workers - Writ H 36 SUPREME COURT REPORTS [2011] 12 S.C.R. A Petition - Interim directions of High Court directing payment of compensation of Rs.1.5 to 2.25 lakhs to families of deceased workers - Challenged by appellant - Hsld: Challenge of appellant not tenable - However, High Court should have awarded compensation which could be treated 8 as reasonable - The High Court could have taken note of the increase in the cost of living and done well to award com
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