The Calcutta High Court has strongly condemned the deaths of four labourers who lost their lives during a sewer desilting operation in South Kolkata, calling the tragedy a “blot on the nation’s conscience.” The court held the Kolkata Municipal Corporation (KMC) and other state authorities responsible for serious negligence, faulting them for failing to ensure basic safety measures during manual scavenging work. In a public interest litigation filed by the Association for Protection of Democratic Rights (APDR), the High Court found that the absence of a mandated monitoring committee and systemic lapses contributed to the disaster.
The four workers had been deployed in February 2021 as part of a sewer-cleaning initiative under the Kolkata Environmental Improvement Investment Programme. These manual scavengers entered an underground sewer pit without adequate safety gear, where they inhaled toxic gases and drowned in sludge. Three others working alongside them sustained serious injuries. The court noted that neither KMC nor the state could offer any satisfactory evidence that essential precautions—such as proper ventilation, dewatering of the pit, or emergency procedures—were in place at the time of the operation.
The High Court was scathing in its remarks, noting that despite existing legal requirements under the Prohibition of Employment as Manual Scavengers and Their Rehabilitation Act, 2013, no monitoring committee had been formed by KMC or the state government. This committee, mandated by law, is supposed to oversee and prevent such hazardous work, but according to the court, the authorities neglected to constitute it. The court also referred to KMC’s own internal inquiry report, which identified serious lapses not just by the contractor but also by the Design and Supervision Consultant, who had failed to dewater the sewer for two consecutive days. That report, submitted by KMC, was held to reflect the gravity of institutional negligence.
Holding up the standards set by the Supreme Court in a previous case, the division bench pointed out that compensation for sewer deaths must be at the level of ₹30 lakh for each deceased worker, not the lower amount that had earlier been paid by the municipal corporation. The court observed that KMC had already paid ₹10 lakh to each of the families of the four deceased as interim compensation, but this was far below the required sum under the law. On that basis, the court directed KMC and the state to pay the balance — i.e., ₹30 lakh to each of the deceased workers’ families, after adjusting for the interim amounts already disbursed.
For the three injured workers, the court ordered compensation of ₹5 lakh each. The payments to the families and the injured workers are to be made within specific timelines set by the court: the families of those who died are to receive their due within three months, and the injured workers are to receive their compensation within two months.
To ensure future accountability and prevent recurrence of such tragedies, the High Court directed the creation of the legally required monitoring committee under the 2013 Act within thirty days. This committee must supervise and enforce safety compliance during sewer-cleaning operations. The court also ordered an independent investigation: it tasked the Deputy Commissioner with ensuring that a separate inquiry be conducted into the incident, and required a report to be filed with the High Court’s Registrar General within four weeks.
Recognizing the vulnerability and interests of the deceased workers and their families, the court entrusted the State Legal Services Authority with contacting them to facilitate the disbursal of compensation and to provide legal assistance. Additionally, it made it clear that state authorities must file a compliance report so that the court can monitor implementation of its directions.
Underpinning the court’s ruling was a strong human-rights concern. The bench described manual scavenging as a “grave” violation of dignity and equality, emphasizing its persistence as a deep moral failing. The court stressed that the practice continues even after decades of legal prohibition, and that the state must bear its constitutional obligations to protect the lives and safety of those forced into such perilous work.
By allowing the petition filed by the APDR, the High Court sent a firm message: negligence by civic authorities in protecting manual scavengers is unacceptable, and systemic reform is essential. The court articulated that the practice of sending workers into dangerously confined sewer spaces without safeguards is utterly incompatible with constitutional guarantees of life and dignity, and that compensation and preventive oversight must go hand in hand.
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