Context
- Two workers died while cleaning a septic tank in New Ashok Nagar, East Delhi without any safety gear or protective equipment. Despite being officially banned since 1993, manual scavenging continues to claim lives across India.
- As of July 31, 2024, out of 766 districts, 732 districts have reported themselves as manual scavenging-free but incidents continue to persist.
What Is Manual Scavenging
- As per PEMSR Act of 2013 (The Prohibition of Employment as Manual Scavengers and their Rehabilitation Act), manual scavenging means manually cleaning, carrying or handling human excreta from insanitary latrines, open drains or pits.
- The practice was first banned under the Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition) Act, 1993.
- The practice is deeply rooted in caste-based occupational hierarchy and predominantly affects Scheduled Caste communities.
Factors Sustaining Manual Scavenging
- Underreported Data: Social stigma causes workers to hide their identity during official surveys so the true scale remains unknown.
- Cultural Resistance: Deep-rooted caste prejudices continue to justify and normalise the practice in society.
- Lack of Enforcement: Weak implementation of laws allows repeated violations to occur without accountability.
- Poor Sewer Design: Existing sewer infrastructure does not allow mechanised cleaning so human entry remains the only option.
- Lack of Regulation: There is an absence of mandatory safety measures and protective equipment for sanitation workers at work sites.
Legal Framework
- Employment of Manual Scavengers Act, 1993: Prohibits employment of manual scavengers and construction of dry latrines.
- PEMSR Act, 2013: Provides for prohibition and rehabilitation of manual scavengers and their families. Every offence under the Act is cognizable and non-bailable.
- Protection of Civil Rights Act, 1955 and SC/ST (Prevention of Atrocities) Act, 1989 provide additional legal protection to affected communities.
Key Judicial Direction: Dr. Balram Singh Vs Union Of India (2023)
- The Supreme Court directed the Union and States to eradicate manual scavenging and hazardous cleaning across the country.
- Compensation for sewer deaths was enhanced to Rs 30 lakh from the earlier amount of Rs 10 lakh.
- Compensation for sewer-related disabilities was enhanced to Rs 20 lakh from the earlier amount of Rs 10 lakh.
- The Court directed full rehabilitation covering employment to next of kin, education to wards and skill training for affected families.
- A comprehensive national survey within one year was ordered to identify manual scavengers across all states and union territories.
- NCSK (National Commission for Safai Karamcharis), NCSC, NCST and the Union government were directed to coordinate training and education modules under the 2013 Act.
Government Schemes And Institutions
- Schemes:
- NAMASTE Scheme (2023): National Action for Mechanised Sanitation Ecosystem is a Central Sector Scheme under the Social Justice Ministry implemented through National Safai Karamcharis Finance & Development Corporation (NSKFDC). Its aim is to ensure safety, dignity and rehabilitation of hazardous sanitation workers.
- Swachh Bharat Mission Urban 2.0: Rs 371 crore has been approved for states to acquire mechanised sanitation equipment for smaller towns and cities.
- Institutions:
- National Commission for Safai Karamcharis (NCSK): Created as a statutory body in 1994. It later became a non-statutory body after its Act lapsed and now operates under the Social Justice Ministry.
- National Safai Karamchari Financial Development Corporation (1997): A non-profit company under the Social Justice Ministry that provides loan and non-loan based upliftment schemes for Safai Karamcharis.
Way Forward
- Technological Intervention: Automated sewer cleaning machines and robots such as Kerala’s Bandicoot robotic scavenger should be deployed to eliminate the need for human entry into sewers.
- Infrastructure Upgrade: Investment in improved sewage systems and sewage treatment plants will make mechanised cleaning possible across India.
- Survey and Identification: Periodic surveys should be conducted as the last survey was conducted in 2018. This will ensure that eligible beneficiaries receive rehabilitation scheme benefits.
- NHRC Recommendations: The distinction between sanitation workers and manual scavengers in the 2013 Act must be clearly defined. The de-sludging market must be regulated and mandatory safety gear along with awareness workshops must be provided.
- Financial Support: Dedicated funding should be given to encourage technological innovations in hazardous waste cleaning.
- Strengthen NCSK: Its statutory status should be restored to enable effective oversight and enforcement of laws.
Conclusion
- Manual scavenging is not merely a sanitation problem. It is a direct violation of human dignity and constitutional rights. Eliminating it requires a convergence of technology, infrastructure, law enforcement and social reform working together simultaneously. India cannot achieve Viksit Bharat while its most marginalised citizens continue to die in sewers without basic safety protection.