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IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO.4911  OF 2008 (@SPECIAL LEAVE PETITION (CIVIL)NO.5145 OF 2006)

PEOPLES' UNION FOR CIVIL LIBERTIES           Appellant(s)

                     VERSUS

GOVT. OF NCT OF DELHI & ORS.                Respondent(s)

O R D E R

1. Leave granted.

2. The  appellant,  a  public  charitable  society,  had  filed  a  writ  petition

before  the  Delhi  High  Court  alleging  that  there  were  large  number  of

sewerage  workers  who  met  with  accidents  in  the  course  of  their

employment; that these workers were engaged by the Municipal Corporation

of  Delhi/Delhi  Jal  Board;  that  the workers  were  not  provided  with safety

equipments; and that the departments do not take precautionary measures

to save the lives of these workers.  The appellant alleges that under similar

situation the Bombay High Court had entertained a writ petition and issued

certain  directions.   The  appellant  wants  that  as  regards  Municipal

Corporation  of  Delhi/Delhi  Jal  Board  also,  similar  directions  should  be

issued.   The  appellant  also  prays  that  the  National  Human  Rights

Commission (NHRC) has framed an elaborate scheme and the same shall be

implemented by the Delhi Municipal Corporation.  It also prays that the Delhi

Jal Board, under whose jurisdiction the sewerage work is being done, shall

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also take care of all the lives of these workers.

3. In view of the scheme formulated by the NHRC the High Court declined

to interfere and the writ petition was dismissed.  Challenging the same, the

appellant is before this Court by way of this appeal.

4. Heard learned counsel for the appellant and also learned counsel for

the respondents.   

5. Counsel  for  the  appellant  pointed  out  that  in  spite  of  the  scheme

being approved by the NHRC, these organisations are not implementing the

scheme  effectively  and  sincerely,  and  the  workers  are  met  with  serious

accidents and they are not being  taken care of well when they met with

accidents.

6. Learned counsel for the Delhi Jal Board has stated that the scheme

suggested/recommended by the NHRC has been fully implemented and the

additional posts have also been created and a separate department, namely,

Department  of  Safety  and  Disaster  Management  has  been  set  up  and  a

Special Consultant for Safety Measures appointed.  It is also submitted that

all the directions suggested by the NHRC are being fully implemented.

7. It  is  important  to  note  that  the NHRC has  suggested  very  detailed

guidelines and some of the guidelines deal primarily with measures to be

taken when a sewerage  worker  is  engaged to clean the  sewerage.   It  is

suggested by the NHRC that (i) emergency first aid treatment kits should be

provided  to  take  care  of  all  minor  injuries  like  cuts  and  burns;  (ii)  a

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physician's services should be available for emergencies; (iii)

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the workers should be educated about the hazards of waterborne diseases,

such as typhoid and cholera through sewage and tetanus through cuts and

wounds.   Cuts  and  grazes  should  be  covered  with  waterproof  plasters.

Effective immunization of workers against diseases such as typhoid, cholera,

tetanus, etc. should be done by vaccination; (iv) the importance of personal

hygiene should be emphasized and the workers should be instructed to keep

finger- nails short and well trimmed, wash hands with soap and hot water

before taking food or smoking and to keep fingers out of nose, mouth and

eyes,  because  the  hands  carry  most  infections;  (v)  use  of  rubber  glove

should be insisted so that sewage or sludge does not come in direct contact

with the hands.  Before starting work, skin likely to be exposed to sewage

should be covered with barrier cream or worker should be provided with

wadder suit; (vi) the workers should be provided with a complete change of

work clothes to be worn during working hours.  Gum boots should also be

provided for the workers; (vii) when the work is completed, all contaminated

parts of the body should be thoroughly washed; (viii) in laboratory work only

pipettes with rubber teats should be used to prevent contamination of the

mouth, laboratory glassware should not be used for drinking purposes.  In

no event food should be prepared in the laboratory; (ix) adequate facility of

clean water and soap should be provided for the workers for cleaning their

body after completion of the job; (x) the gangs/JE/site-in-charge must have

telephone numbers for call of an ambulance, fire service, police and nearby

hospital  for  any emergency;  and (xi)  those who are  regularly engaged in

sewerage work should be given proper training.  These guidelines and the

other  guidelines  issued  by  the  NHRC  may  also  be  implemented  by  the

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Municipal Corporation/Delhi Jal Board whenever the occasion arises.  

8.  The appeal is disposed of accordingly. No costs.

             ...............CJI.

(K.G. BALAKRISHNAN)

.................J.     (A.K. MATHUR)

NEW DELHI; 6th August, 2008.