The Supreme Court clarified the scope of its earlier judgment that increased compensation for deaths caused by manual scavenging and manual sewer cleaning to Rs 30 lakhs. The issue arose because different High Courts had taken divergent positions on how much compensation should be awarded where deaths occurred before the Balram judgment was delivered in October 2023. In the Balram judgment, the Supreme Court enhanced the compensation for deaths due to manual scavenging and manual sewer cleaning from Rs 10 lakhs to Rs 30 lakhs, recognizing the need to align the compensation with current realities and ensure a meaningful remedy for victims’ dependents.
Responding to an application filed by the National Legal Services Authority (NALSA), which highlighted inconsistent judicial approaches, the Supreme Court set out a uniform position on how the enhanced compensation should apply to pre-judgment deaths where compensation has not yet been determined or paid. NALSA’s application outlined two possible interpretations that had arisen across different High Courts. The first interpretation was that where a death occurred before October 20, 2023, and compensation had already been paid at the old rate, dependents would be entitled to the additional Rs 20 lakhs to match the enhanced figure. The second interpretation suggested that once compensation had been paid under the earlier regime, no further payment would be due despite the Balram enhancement.
In its clarification, the Supreme Court addressed these conflicting views. The court held that where compensation has already been determined and paid to the dependents, those cases would not be reopened and no additional amount would be ordered. This means the earlier figures already paid to the dependents under the pre-Balram framework stand, and those matters would not be relitigated for enhancement. However, in cases where a death occurred before the Balram judgment and no compensation has yet been determined or paid, the authorities are required to pay Rs 30 lakhs as prescribed by the Supreme Court’s enhanced compensation directive. This ensures that the dependents of deceased manual sewer cleaners who have not received compensation will receive the enhanced amount regardless of when the underlying death occurred, provided no earlier determination has been made.
The clarification came during a writ petition filed by the widow and dependent of a sewer cleaner who died on July 1, 2022, after inhaling poisonous gas while cleaning a septic tank. In that case, the National Commission for Safai Karamcharies had passed an order in August 2023, but the petitioner claimed she had not received any compensation. She sought payment of compensation in terms of the Balram judgment, asserting the enhanced figure of Rs 30 lakhs should apply even though her husband’s death predated the judgment. The Supreme Court’s clarification thus directly addressed her situation and similar cases by establishing that the enhanced compensation must be paid where no prior award or payment was made.
In addition to clarifying the applicable compensation amount, the Supreme Court noted a broader concern about the lack of progress in filling vacant positions at the National Safai Karamcharis Board, which was expected to play a role in implementing reforms and protections for sanitation workers. The court observed that assurances had been given that vacancies would be filled before March 2025, but no tangible action had been taken. The bench indicated that an affidavit outlining the government’s timeline to fill these positions would be filed within two days of its order.
The court also directed that matters in which Rs 30 lakhs compensation has been claimed for manual scavenging cases be placed before the Chief Justice of India for appropriate orders. This procedural direction was given in the context of ensuring uniform implementation of the compensation framework articulated in the Balram judgment. In doing so, the Supreme Court underscored the need for consistency and clarity in how enhanced compensation awards are processed and paid, particularly in cases where the underlying fatalities occurred prior to the enhancement but have remained unresolved.
Through its clarification, the Supreme Court ensured that the enhanced compensation remedy articulated in the Balram judgment applies to all eligible cases where compensation has not yet been awarded, regardless of when the death occurred. At the same time, it avoided disturbing cases where compensation has already been paid, thereby providing finality and certainty to dependents who have already received awards based on earlier legal standards. The clarification ensures that the intent behind increasing the compensation to Rs 30 lakhs—that dependents of manual sewer cleaning and manual scavenging deaths receive a meaningful and adequate remedy—is uniformly applied in future and pending cases where no compensation award has been made.
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