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Manual Scavenging
Context:
The Centre for Science and Environment (CSE) recently held a meaningful discussion on manual scavenging through its Policy and Practice Forum, examining and debating various aspects of the issue.
What is manual scavenging?
- According to The Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013, “Manual scavenger” means a person engaged or employed, by an individual or a local authority or an agency or a contractor, for manually cleaning, carrying, disposing of, or otherwise handling in any manner, human excreta in an insanitary latrine or in an open drain or pit into which the human excreta from the insanitary latrines is disposed of, or on a railway track or in such other spaces or premises, as the central government or a state government may notify, before the excreta fully decomposes in such manner as may be prescribed and the expression manual scavenging shall be construed accordingly.
- Thus, Manual scavenging is a dangerous and dehumanising practice that involves manually cleaning, carrying, disposing of, or otherwise handling human excreta in unsanitary conditions.
Causes of manual scavenging in India:
- Caste-Based Discrimination: The practice of manual scavenging is often associated with specific caste groups, particularly Dalits or “untouchables.” This caste-based system has historically assigned certain occupations, like cleaning and waste disposal, to marginalized communities.
- Lack of Alternative Livelihoods: Poverty, limited education, and social exclusion have contributed to a cycle of dependence on this hazardous occupation.
- Inadequate Sanitation Infrastructure: The absence of proper sewage systems and waste disposal mechanisms has made manual scavenging a seemingly necessary evil.
- Lack of Enforcement of Laws: Despite the existence of laws prohibiting manual scavenging, their implementation has been inconsistent and ineffective.
- Social Stigma and Discrimination: Manual scavengers often face social ostracism and discrimination, making it difficult for them to integrate into mainstream society.
- Lack of Awareness and Education: Many individuals, particularly those from marginalised communities, may not be aware of the dangers and health risks associated with manual scavenging.
Protection of manual scavengers:
Constitutional Provisions
Fundamental Rights:
- Article 14: Guarantees equality before the law and equal protection of the laws. This can be invoked to challenge discriminatory practices associated with manual scavenging.
- Article 15: Prohibits discrimination on the grounds of religion, race, caste, sex, or place of birth. This can be used to protect manual scavengers from caste-based discrimination.
- Article 17: Abolishes untouchability and forbids its practice in any form. This directly addresses the issue of caste-based discrimination that often leads to manual scavenging.
- Article 21: Guarantees the right to life and liberty. This can be interpreted to include the right to a safe and healthy environment, which is often compromised for manual scavengers.
- Article 23: Prohibits forced labour, which can be relevant to the exploitation of manual scavengers.
- Article 24: Prohibits the employment of children below the age of 14 in hazardous occupations, which can include manual scavenging.
Directive Principles of State Policy:
- Article 39(a): Directs the state to ensure that the citizens have adequate means of livelihood. This can be interpreted to include providing alternative livelihood options for manual scavengers.
- Article 42: Directs the state to ensure that workers have just and humane conditions of work. This can be used to advocate for improved working conditions for manual scavengers.
- Article 47: Directs the state to raise the standard of living of the people and to secure their health and nutrition. This can be interpreted to include providing healthcare and social security benefits to manual scavengers.
- The Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013: This is the most comprehensive law addressing manual scavenging. It prohibits the employment of individuals as manual scavengers and provides for their rehabilitation and social security.
- The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989: This law protects individuals belonging to Scheduled Castes and Scheduled Tribes, including many manual scavengers, from discrimination and violence.
- The Child Labour (Prohibition and Regulation) Act, 1986: This law prohibits the employment of children in hazardous occupations, which includes manual scavenging.
- The Minimum Wages Act, 1948: This law sets minimum wages for workers, which can help protect manual scavengers from exploitation.
- Supreme Court Order: In 2014, the Supreme Court issued a directive requiring the government to identify all individuals who had died while performing sewage work since 1993 and to provide their families with a compensation of Rs. 10 lakh each.
- Namaste Scheme: This scheme aims to ensure the health and safety of safai karamcharis.It provides safety equipment, health check-ups, and training to safai karamcharis.
- Safaimitra Suraksha Challenge: A national-level initiative to promote safety among safai karamcharis and make their workplaces safer.
- Swachhta Abhiyan App: A mobile app to raise awareness about sanitation and encourage citizen participation. It allows citizens to report sanitation issues and access information about the Swachh Bharat Mission.
- Rashtriya Garima Abhiyan: A campaign to improve the social and economic well-being of safai karamcharis. It provides education, skill development, and employment opportunities to safai karamcharis.
- National Commission for Safai Karamcharis: A constitutional body established to protect the rights of safai karamcharis.
Way Forward:
- Technology-Driven Solutions: It’s crucial to adopt technology to create innovative tools and machinery that can replace manual scavenging tasks.
Developed by the startup Genrobotics, the Bandicoot robot is designed to clean manholes and sewers. It uses a robotic arm to remove waste and sludge from sewer lines, reducing the need for human intervention in hazardous environments.
- Promote Entrepreneurship and Skill Development: There is a need to foster training and skill development for affected individuals, empowering them to pursue alternative livelihoods.
- Sanitation Infrastructure Upgrades: Investing in the enhancement of sanitation infrastructure, including the construction of modern toilets, sewage treatment plants, and efficient waste management systems, is essential.
- 732 districts report themselves as Manual Scavenging-Free due to a fund sanctioned by the Ministry of Social Justice and Empowerment for smaller towns to acquire machines and improve their state of mechanisation.
