Introduction:
Manual scavenging in India, a dehumanizing practice involving the physical handling and cleaning of human excreta, is a stark reminder of deep-seated social inequalities and caste-based discrimination in India. Despite constitutional safeguards like Articles 17 and 21, and the enactment of stringent laws such as the Prohibition of Employment as Manual Scavengers and Their Rehabilitation Act, 2013, the issue persists. In a significant step forward, the National Human Rights Commission (NHRC) recently hosted an open house discussion on the dignity and liberty of manual scavengers, aligning with the Supreme Court’s landmark directives in the Doctor Balram Singh vs. Union of India 2023 case. The need for urgent reforms and technological interventions is more critical than ever to restore the dignity and safety of those affected.
Context:
- The National Human Rights Commission (NHRC) organized an open house discussion on ‘Dignity and Liberty of the Individuals- Rights of Manual Scavengers’.
- Doctor Balram Singh v/s Union of India 2023: The Supreme Court directed the Union and states to eradicate manual scavenging and hazardous cleaning in the country.
What is Manual Scavenging?
- Manual scavenging in india refers to the practice of physically handling or cleaning human excreta by individuals.
- It involves manual cleaning of human excreta from insanitary toilets, open drains, pits, or railway tracks.
- It violates Art. 17 and Art. 21.
Data on Manual Scavenging:
- In 2021, India recorded 58,098 manual scavengers, with women comprising 75% of them.
- Between 2018-22, 377 died cleaning sewers and septic tanks.
- As on 31st July, 2024, out of 766 districts in the country, 732 districts have reported themselves as manual scavenging-free.
Legal Framework Related to Manual Scavenging:
- Prohibition of Employment as Manual Scavengers and Their Rehabilitation Act, 2013: It prohibits
- a. Manual Scavenging
- b. Construction of insanitary latrines.
- c. Mandates the demolition or conversion of such latrines into sanitary ones.
- d. provides for the identification and rehabilitation of manual scavengers through skill development, financial assistance, and alternative employment.
- SC/ST (Prevention of Atrocities) Act, 1989: It criminalizes the employment of scheduled castes in manual scavenging.
Supreme Court Judgement in Doctor Balram Singh Case:
- Increase sewer death compensation to ₹30 lakhs.
- Compensation for permanent disablement: ₹20 lakhs; other disablement to ₹10 lakhs.
- Provide scholarships and skill programs for victim rehabilitation.
Supreme Court Judgement in Doctor Balram Singh Case: Supreme Court issued 14 directions to the Union, state and UTs:
- Increase sewer death compensation to ₹30 lakhs.
- Compensation for permanent disablement: ₹20 lakhs; other disablement to ₹10 lakhs.
- Provide scholarships and skill programs for victim rehabilitation.
- Phased measures to eliminate manual sewer cleaning.
- NALSA to manage compensation disbursement and models.
- A portal to track deaths, compensation, and rehabilitation
Challenges faced by Manual scavengers:
- Social Stigma:
- 1. Manual scavenging in india are stigmatized and treated as untouchables.
- 2. It reinforces social exclusion and perpetuate the caste system.
- 3. Also due to their caste status, they are treated unfairly economically.
- Health Challenges:
- 1. Manual Scavengers are frequently exposed to human waste which contains harmful pathogens.
- 2. Increases their susceptibility to diseases such as hepatitis, cholera, jaundice etc.
- 3. Presence of poisonous gases like hydrogen sulphide poses a serious risk of asphyxiation, which can lead to death. For eg, Between 2019-23, 377 died cleaning sewers and septic tanks.
- Economic Challenges:
- 1. Paid meager amounts, often below minimum wage.
- 2. Employed on a contractual or daily wage basis without job security.
- 3. Women face double discrimination such as social stigma as well as discrimination due to gender such as sexual harassment.
- Psychological Challenges:
- 1. The social stigma attached to the profession often causes mental health challenges such as anxiety and depression.
- 2. Drug use: many manual scavengers resort to drug use which further worsens there health problems.
Initiatives of India to curb Manual Scavenging:
- Safaimitra Suraksha Challenge
- Swachhta Abhiyan App
- Rashtriya Garima Abhiyan
- National Commission for Safai Karamchari
- Swachhta Udyami Yojana (SUY)
- Recognition of Prior Learning (RPL)
- NAMASTE (National Action for Mechanised Sanitation Ecosystem)
- Creation of emergency response sanitation units (ERSU): To develop a professional, well-trained, and adequately equipped workforce.
Technological Initiatives:
- Bandicoot Robot.
- Endobot & Swasth AI (Diagnose pipelines to detect contamination).
- Robo-Drain System.Vacuum Trucks.
Way Forward:
- Mechanization: The introduction of automated or semi-automated equipment offers a safer, more efficient way to manage sanitation work.
- Health Screenings: Implement periodic health screenings for sanitation workers across all ULBs, focusing on respiratory and dermatological conditions, with clear treatment and prevention protocols.
- Capacity Building: Provide capacity-building training and safety gear for workers. Offer financial assistance for technological innovations in hazardous waste cleaning.
Conclusion:
Manual scavenging in India remains a blot on India’s socio-economic and legal fabric. Despite incremental progress, the persistence of this practice underscores the need for more robust legal enforcement, societal awareness, and technological advancements. Initiatives like NAMASTE, mechanization efforts, and the Supreme Court’s judgements offer a pathway to change, but their implementation must be expedited with greater accountability. By addressing the underlying social stigmas and ensuring economic and psychological rehabilitation for manual scavengers, India can truly uphold the constitutional values of dignity, liberty, and equality for all its citizens.
