Manual Scavenging: Legal Safeguards & Persistent Issues

• The Supreme Court imposed a penalty of ₹5 lakh on the Delhi government’s Public Works Department (PWD) for engaging manual sewer cleaners.

What is Manual Scavenging?

• International Labour Organisation (ILO) describes manual scavenging as the act of cleaning of septic tanks, gutters and sewage lines, and the removal of human waste from public streets and dry latrines.
• The Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition) Act, 1993, declared the hiring of manual scavengers and building of dry toilets to be a punishable offence.
• B R Ambedkar traced the origins of manual scavenging to 600 BC.  One of the earliest references is found in the Naradasamhita, which lists the removal of human excreta as one of the 15 duties for slaves.

Reasons for Continued Prevalence of Manual Scavenging

• Social Deprivation: Generations of social stigma and exclusion trap individuals in manual scavenging, preventing them from accessing better opportunities despite welfare measures.
• Caste-Based Discrimination enforces occupational segregation, relegating marginalised communities to manual scavenging. Approximately 97% of manual scavengers in India are from Dalit communities.
• Poor Enforcement of Existing Laws: Inadequate enforcement of laws prohibiting manual scavenging allows the practice to persist.
• Exploitation of Unskilled Labourers by Contractors: E.g., In Mumbai, the cost to clean septic tanks ranges from ₹20,000 to ₹30,000, while labourers are paid only ₹300-500 per day.
• Unorganised Labour Force: The lack of a unified union or organised group for manual scavengers weakens their political voice and bargaining power.
• Continuance of Unsanitary Latrines: The existence of unsanitary latrines necessitates manual cleaning, as many areas lack proper sanitation infrastructure.
• Lack of Employment Opportunities and Rehabilitation force many into manual scavenging.

Issues Faced by Sanitation Workers

• Hazardous Working Conditions: Exposure to toxic gases, manual handling of waste, leading to health risks like respiratory issues and skin diseases (eczema, dermatitis, etc.).
• Exposure to Health Risks: Workers handle sewer water and sludge with bare hands, leading to chronic illnesses such as leptospirosis and hepatitis.
• Inadequate Protective Gear: 65% of sanitation workers across India do not receive protective equipment (National Safai Karamchari Finance and Development Corporation (NSKFDC) Report).
• Fatal Accidents: The work involves entering dangerous manholes and drains. Around 472 deaths were recorded from 2016 to 20 (Safai Karmachari Andolan Report).
• Lack of Recognition: Many workers are excluded from benefits under the Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013 (PEMSR).
• Low Wages: Workers earn about ₹30,000 for several months of dangerous work, which is insufficient.
• Caste-Based Discrimination: Many workers come from marginalised communities, perpetuating poverty and limiting job opportunities.
• Child Labour from these families often work from a young age, contributing to a cycle of poverty.

Steps Taken to End Manual Scavenging

Legal and Institutional Framework

• Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition) Act, 1993: Banned the employment of manual scavengers and deemed it a cognisable offence.
• PEMSR Act, 2013: Banned manual scavenging and broadened the definition to include cleaning septic tanks and railway tracks.
• SC/ST (Prevention of Atrocities) Act, 1989: Makes it a crime to make, employ, or permit anyone to do manual scavenging.
• Protection of Civil Rights Act, 1995: Makes it an offence to compel any person to practice scavenging.
• MS Act 2013: Legal framework for banning manual scavenging and ensuring rehabilitation of affected workers.
• National Urban Sanitation Policy (NUSP): Promote comprehensive guidelines for urban sanitation and eliminate manual scavenging practices.

Schemes

• NAMASTE Scheme: Provide financial and technological support for mechanized sewer and septic tank cleaning to eliminate manual scavenging.
• Self-Employment Scheme for Rehabilitation of Manual Scavengers (SRMS): Provide financial assistance and rehabilitation for manual scavengers through self-employment opportunities.
• National Safai Karamcharis Finance and Development Corporation (NSKFDC): Empower sanitation workers and their families by providing financial support and developmental programs.
• Pradhan Mantri Awas Yojana (PMAY): Ensure housing for all, including manual scavengers.

Way Forward

• Strict Enforcement of MS Act 2013: Ensure complete elimination of manual scavenging and rehabilitation of affected workers.
• Strengthening Mechanization: Promote machine-based cleaning to eliminate human involvement in hazardous tasks.
• Alternative Livelihoods: Training programs to help workers shift to safer and dignified employment.
• Better Social Security: Provide health insurance, pension schemes, and financial aid to sanitation workers and their families.
• Community Awareness & Inclusion: Address social discrimination and improve integration of workers into society.