NHRC summons the Delhi Urban Development Secretary for non-submission of proof of payment and requisite reports in a case of death in sewer cleaning (04.03.2021)

New Delhi, 04th March, 2021

The National Human Rights Commission, NHRC India, having not received requisite reports and the proof of payment of Rs. 10 Lakh in a case of death in sewer cleaning, today issued summons to the Secretary, Department of Urban Development, Govt. of NCT of Delhi to appear before it in person on 3.5.2021 with the requisite reports.

The incident had happened in Vaishali Extension, Dabri, Delhi on the 14.9.2018 and the Commission had registered the case on the basis of a complaint dated 18.09.2018 by Safai Karamchari Aandolan, an NGO.

The Commission, issuing the conditional summons, has observed that there has already been an inordinate delay in the matter as no response has been received from the Govt. of NCT of Delhi on the pointers raised by it. Hence, it is constrained to invoke Section 13 of the Protection of Human Rights Act, 1993.

It has further emphasized that non-submission of the report may attract an offence U/s 175/176 of IPC and initiation of criminal proceedings U/s 175/ 176 IPC, as well as under Rule 10 & 12 of Order XVI of Civil Procedure Code for willful omission to produce documents and information. In case, the report is received in the Commission a week prior to the scheduled date, the personal appearance of the officer shall stand dispensed with.

According to the complaint, the Safai Karamchari had died due to inhaling poisonous gas while cleaning a sewer and no appropriate action was taken by the police in the matter. In response to the notice of the Commission, Dy. Commissioner of Police, Dwarka, Delhi, vide report dated 31.12.2019, had informed that in the matter an FIR No. 500/18, dated 15.09.2018,U/s 304/304A IPC, r/w 7/9 of Prohibition of Manual Scavengers and Rehabilitation Act, 2013, had been registered against the accused, who has hired the victim, for cleaning the sewer line outside his property.

It was also informed that the accused was arrested on 01.10.2018. The compensation of Rs.10 Lakh had been paid to the mother of deceased by SDM, Dwarka, as per Supreme Court guidelines. The charge sheet in the matter had been prepared and would be filed shortly, however, the victim belonged to the OBC Category, hence, the provision under SC/ST Act, could not be invoked.

However, the Commission observed that the report was silent on the proof of payment of compensation of Rs.10 Lakh to the mother of the deceased victim. A notice was issued to SDM, Dwarka, to submit the proof of payment.

The Commission had also directed the Govt. of NCT of Delhi, to inform regarding the steps taken by the State Government, to prevent such deaths, including availability of safety gears before entering in Sewer lines. However, no response was received.

Therefore, a final reminder was issued to the Principal Secretary, Department of Urban Development, Govt. of NCT of Delhi, through online mode on 29.12.2020, to submit the requisite detailed reports, failing which the Commission shall be constrained to issue a coercive process under Section 13 of the Protection of Human Rights Act, 1993.

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