Norms ignored as deaths multiply
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21/06/2012
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Times Of India (New Delhi)
New Delhi: Despite various guidelines issued by the Delhi high court and Supreme Court for protection of sewage cleaners, incidents of sewer deaths continue to multiply. Sources claim there have been at least 40 sewer related deaths in the last six months in the capital and yet the guidelines have not been implemented in its entirety.
A monitoring committee set up by the court has now recommended that manual scavenging be completely abolished in the city. Harnam Singh, chairman of the committee says that all civic agencies, with the exception of the Delhi Jal Board, have agreed to the proposal. “A final meeting of all stakeholders is scheduled for July 3 and we would ideally like the proposal to be implemented by June 31. DJB is the only agency to not agree. They have given a list of three zones where roads are too narrow for machinery to go through and hence they would need manpower for these areas,” said Singh.
Meanwhile, as more and more deaths are being reported, experts say that guidelines issued by the court need to be followed strictly. The guidelines were formulated after a PIL was filed in the high court by the National Campaign for Dignity and Rights of Sewerage and Allied Workers & others. The division bench in 2008 made some suggestions concerning sewage workers including their health and safety. The judgment was upheld by the Supreme Court in 2011.
The court, in its order, had stressed on the need for providing modern protective equipment to the workers. It had also asked DJB, the main respondent, to provide workers with first aid facilities, shelters etc. Anyone employing sewer cleaners, including private companies, had to provide workers with full medical treatment and in case of death due to the work, a proper compensation.
Even the National Human Rights Commission (NHRC), which treats this issue as a violation of Human Rights, has been trying to make the agencies follow the guidelines issued by it. In August last year, the NHRC had issued notices to the erstwhile Municipal Corporation of Delhi and DJB seeking explanation on noncompliance of its guidelines on safety of workers.
Senior advocate Colin Gonsalves, who appeared for the National Campaign for Dignity and Rights of Sewerage and Allied Workers & others, said that no implementation of the guidelines had been done so far. “The agencies are yet to implement the guidelines. They just want to treat the sewage workers like slaves and want to ignore the court’s order,” he said.
While civic bodies still follow rules, it is during work being carried out by private contractors that most mishaps have taken place. “When civic agencies outsource work, they build into the agreement details like workers being provided with equipment and in case of an accident, the contractor can be back-listed or his payment held. However, none of that happens. Even if they are arrested, the case is lodged under section 304 of the IPC which is a bailable offence for causing death due to negligence. This has absolutely no effect on the contractors who continue to abuse the labourers,” said Singh.
Interestingly, there is still no precise data on the casualties due to sewer deaths. Sources say that Delhi University’s social work department has been approached to gather composite data and a report will be ready soon.
ANYONE PAYING ATTENTION?
In 2008, Delhi high court had laid down guidelines to be followed by private and government agencies for protection of workers engaged in cleaning of manholes
THE GUIDELINES INCLUDE:
Provision of modern protective equipment to all sewer workers
Govt agencies will provide soap and oil to all workmen according to the present quota, but on a monthly basis and not at the end of the year
Provision of restrooms and canteens, including first-aid facilities, safe drinking water, washing facilities, latrines and urinals, shelters and crèches for their children, as set out in DJB model rules
Medical examination and treatment will be free for sewer workers
Treatment will continue for all workers found to be suffering from an occupational disease, ailment or accident until the workman is cured or dead
Compensation to be paid to all workmen suffering from any occupational disease, ailment or accident in accordance with the provisions of the Workmen’s Compensation Act, 1923