The Madras High Court Bench here has been informed of the Supreme Court having clarified that an order passed by it in 2014 to identify families of those who died due to manual scavenging since 1993 and pay them a compensation of Rs.10 lakh each would include even those who died while cleaning septic tanks in residential houses and private establishments.
Advocate R. Karunanithi brought the Supreme Court’s May 10 clarification to the notice of Justice M. Venugopal during the hearing of contempt of court applications filed by two women, whose husbands died due to asphyxiation in Thoothukudi in 2011, against Union Social Welfare Secretary Anita Agnihotri and Municipal Administration Secretary to the State government Phanindra Reddy.
The petitioners’ counsel said the apex court Bench comprising Justices Ranjan Gogoi and Prafulla Chandra Pant had answered a clarification petition filed by the Centre by stating that “the purport and effect of the directions contained in paragraph 23.3 of the order dated March 27, 2014 is clear and would apply to all victims….”
It was while dealing with a case filed by Safai Karamchari Andholan in 2014 that a three-judge Bench comprising Mr. Justice Gogoi had ordered payment of a compensation of Rs. 10 lakh each to families of all conservancy workers who died due to manual scavenging pursuant to enactment of Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition) Act, 1993.
After that judgement, a 69-year-old Arunthathiyar woman, P. Valaiyakka, filed the first writ petition in the Madras High Court Bench here seeking compensation for the death of her son P. Arumugam who died while cleaning the septic tank in a residential house in Ramanathapuram municipality. A single judge of the High Court directed the State government to consider her request.
Subsequently, Municipal Administration Department paid her a solatium of Rs. 3 lakh and it led to a spate of writ petitions filed in the court seeking compensation for similar deaths that took place since 1993. Meanwhile, Valaiyakka preferred a contempt of court application against the Municipal Administration Secretary for not paying her the remaining Rs. 7 lakh as directed by the apex court.
The Secretary referred to the clarification petition pending before the Supreme Court and obtained time till July to file a counter affidavit.
In the meantime, the present petitioners, P. Muniammal and K. Packiya Selvi of Thoothukudi, also came up with individual contempt applications. Mr. Justice Venugopal adjourned their cases by a fortnight for eliciting the State’s response.
