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MANUAL SCAVENGING IN INDIA: CHALLENGES AND WAY FORWARD

Manual scavenging, rooted in caste-based discrimination, is a grave violation of human rights and dignity. Beyond laws and technology, its eradication demands collective social will and strict accountability, ensuring true “Swachh Bharat” by safeguarding the dignity and safety of Safai Mitras.

Description

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PICTURE COURTESY:  THEHINDU

Context

The Supreme Court fined Delhi's Public Works Department for violating its 2023 directives against manual scavenging by deploying workers without protective gear to clean sewers.

What is Manual Scavenging?

The Prohibition of Employment as Manual Scavengers and their Rehabilitation (PEMSR) Act, 2013, defines manual scavenging as the manual cleaning, carrying, disposing, or handling of human excreta from insanitary latrines, open drains, pits, or railway tracks.

The Legal Ban

India officially banned the practice with the Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition) Act, 1993.

The PEMSR Act, 2013 replaced the 1993 law with stronger provisions. It prohibits the employment of manual scavengers, mandates the rehabilitation of identified workers, and makes any violation a cognizable and non-bailable offense.

Current Status

Despite official claims of eradicating the practice, ground realities remain grim. While a survey in 2018 identified 58,098 persons engaged in manual scavenging, the government has maintained that there are no reports of existing manual scavengers.

However, deaths during hazardous cleaning of sewers and septic tanks continue. Between 2019 and 2023, at least 377 workers have died while cleaning sewers and septic tanks. (Source: The Hindu)

Supreme Court's Directives (Dr. Balram Singh Case, 2023)

Complete Mechanization

Ordered all states and union territories to ensure 100% mechanization of sewer cleaning. Human entry is permitted only in exceptional and unavoidable circumstances.

Enhanced Compensation

Increased the compensation for death during sewer cleaning to ₹30 lakh and for permanent disability to ₹20 lakh.

Safety and Dignity

Mandated that all workers entering sewers must be provided with proper protective gear. The Court declared that forcing individuals to work without safety equipment violates their fundamental rights under Article 21 (Right to Life) and Article 23 (Prohibition of forced labour).

Comprehensive Rehabilitation

Directed the government to ensure the rehabilitation of families of deceased or disabled workers. This includes providing scholarships for their children and integrating them into schemes like NAMASTE.

Accurate Data & Monitoring

Called for a nationwide survey to identify all individuals engaged in this work and the creation of a portal to track deaths and the status of compensation disbursement.

Why Does Manual Scavenging Persist?

Despite strong laws, the practice continues due to a combination of deep-rooted social and administrative failures.

Factor

Explanation

Social

Caste-Based Discrimination: The practice is linked to the caste system, where communities, primarily from the Dalit sub-castes, are historically and socially forced into this occupation.

Economic

Poverty & Lack of Alternatives: Extreme poverty, lack of education, and limited access to alternative, dignified employment leave individuals with no other choice.

Administrative

Weak Enforcement of Law: Poor implementation of the PEMSR Act, 2013, with few convictions and low penalties, allows violators (often contractors and municipalities) to act with impunity.

Technological

Incomplete Mechanization: Lack of adequate machinery, especially in smaller towns and semi-urban areas, forces manual cleaning of sewers and septic tanks.

Data Gaps

Inaccurate Surveys: Official surveys often fail to accurately identify all manual scavengers, leading to their exclusion from rehabilitation schemes.

Initiatives taken by Government

NAMASTE Scheme (National Action for Mechanised Sanitation Ecosystem): Aims to ensure zero fatalities in sanitation work, provide safety gear, and skill sanitation workers to operate machinery, offering them alternative livelihoods.

Swachhta Udyami Yojana (SUY): Provides concessional loans to sanitation workers and their dependents to procure sanitation-related equipment and vehicles.

Safaimitra Suraksha Challenge: Encourages cities to mechanize their sewer and septic tank cleaning operations.

Recognition of Prior Learning (RPL): A component under PM-DAKSH Yojana to provide formal certification and training to sanitation workers.

Technological Interventions: Promoting the use of robots like the Bandicoot Robot and vacuum trucks for cleaning sewers without human entry.

Way Forward

Strict Enforcement and Accountability

Municipalities and contractors who employ people for manual cleaning must be held criminally liable.

The Supreme Court's directive to treat sewer deaths as a crime must be strictly enforced.

Accelerate 100% Mechanization

Provide financial assistance and incentives to Urban Local Bodies (ULBs) for procuring cleaning machinery.

Promote indigenous manufacturing of low-cost, effective sanitation technology.

Focus on Genuine Rehabilitation

Rehabilitation must be comprehensive, including financial support, skill development for alternative jobs (e.g., machine operators), and preferential hiring in government projects.

Ensure the children of manual scavengers receive quality education and scholarships to break the inter-generational cycle.

Dismantle the Social Stigma

Launch widespread public awareness campaigns to sensitize citizens about the illegality and inhumanity of this practice.

Engage civil society and community leaders to challenge and dismantle the deep-rooted caste prejudices associated with sanitation work.

Conclusion

Manual scavenging is not a sanitation problem; it is a violation of human rights and dignity, rooted in the injustices of the caste system. While laws and technology provide the tools, the real solution lies in collective social will and strict administrative accountability. Achieving the goal of a "Swachh Bharat" is incomplete without ensuring a life of dignity and safety for the "Safai Mitras" who keep our cities clean.

SOURCE: THEHINDU

PRACTICE QUESTION

Q. Despite legal and constitutional safeguards, manual scavenging persists in India. Analyze the socio-economic factors sustaining this practice. 150 words

Frequently Asked Questions (FAQs)

Manual scavenging is the practice of a person manually cleaning, carrying, and disposing of human excreta from dry latrines, sewers, septic tanks, and railway tracks without protective gear. It is a dehumanizing and hazardous task.

No, the practice of manual scavenging has been prohibited in India since the enactment of the Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013. The law also bans the construction of insanitary latrines and the manual cleaning of sewers and septic tanks without protective equipment.

The practice is deeply rooted in the caste system, where certain marginalized communities, particularly Dalits, have been historically forced into this "unclean" occupation. It is a form of caste-based social and economic exploitation that perpetuates discrimination. 

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