Sewer deaths: SC hasn’t awarded interest to victims’ kin, says HC
TNN | Updated: Oct 23, 2017, 23:41 IST
TNN | Updated: Oct 23, 2017, 23:41 IST
Chennai: When there is no reference of payment of interest in the Supreme Court order awarding Rs 10 lakh compensation each to families of deceased manual scavenvers, can the high court order payment of interest, asked the first bench of Madras high court on Monday.
The first bench of Chief Justice Indira Banerjee and Justice M Sundar, responding to PIL petitioner A Narayanan of ChangeIndia that Tamil Nadu government must be asked to pay interest from the date of death of the manual scavengers concerned, pointed out that the Supreme Court had in 2015 directed payment of Rs 10 lakh as compensation to families of the victims. The apex court's order did not provide for payment of interest, the bench said, adding that how could the HC order payment of interest from a date prior to the apex court order itself.
It would be appropriate if interest is paid from the date of the order till the actual date of final disbursement of compensation, the court added.
Earlier, Narayanan said that even a year after the court raised a query as to whether funds from Swachh Bharat Abhiyan could be used to rehabilitate families of deceased manual scavengers, the government was yet to come out with any response.
Narayanan filed the PIL for abolition and rehabilitation of people engaged in manual scavenging, and adequate compensation for families of deceased manual scavengers. When the government has sanitation as a primary agenda, why cannot it use the Swachh funds to rehabilitate scavengers' families, he asked. He pointed out that the Union government was yet to file a report on utilisation of Swachh Bharat funds for rehabilitating families of deceased manual scavengers, as directed by the high court on October 7, 2016.
As for the Tamil Nadu government's attitude towards the issue, Narayanan said the state had gone on appeal and then filed a review petition against the court's order asking them to pay compensation to victims. All those attempts failed, he said. "Now the state government is refusing interest on the compensation, which was to be paid years after the death of manual scavengers," he said to the first bench of Chief Justice Indira Banerjee and Justice M Sundar.
Chief Justice Banerjee also censured her administrative staff for having failed to bring to her notice complaint on an incident of manual scavenging in Chennai. She also directed the government to submit facts based on the report immediately and take appropriate action.
The first bench of Chief Justice Indira Banerjee and Justice M Sundar, responding to PIL petitioner A Narayanan of ChangeIndia that Tamil Nadu government must be asked to pay interest from the date of death of the manual scavengers concerned, pointed out that the Supreme Court had in 2015 directed payment of Rs 10 lakh as compensation to families of the victims. The apex court's order did not provide for payment of interest, the bench said, adding that how could the HC order payment of interest from a date prior to the apex court order itself.
It would be appropriate if interest is paid from the date of the order till the actual date of final disbursement of compensation, the court added.
Earlier, Narayanan said that even a year after the court raised a query as to whether funds from Swachh Bharat Abhiyan could be used to rehabilitate families of deceased manual scavengers, the government was yet to come out with any response.
Narayanan filed the PIL for abolition and rehabilitation of people engaged in manual scavenging, and adequate compensation for families of deceased manual scavengers. When the government has sanitation as a primary agenda, why cannot it use the Swachh funds to rehabilitate scavengers' families, he asked. He pointed out that the Union government was yet to file a report on utilisation of Swachh Bharat funds for rehabilitating families of deceased manual scavengers, as directed by the high court on October 7, 2016.
As for the Tamil Nadu government's attitude towards the issue, Narayanan said the state had gone on appeal and then filed a review petition against the court's order asking them to pay compensation to victims. All those attempts failed, he said. "Now the state government is refusing interest on the compensation, which was to be paid years after the death of manual scavengers," he said to the first bench of Chief Justice Indira Banerjee and Justice M Sundar.
Chief Justice Banerjee also censured her administrative staff for having failed to bring to her notice complaint on an incident of manual scavenging in Chennai. She also directed the government to submit facts based on the report immediately and take appropriate action.
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