Despite the 1993 ban on manual scavenging by the Social Justice and Empowerment Ministry, reports indicate that 620 deaths of sanitation workers have occurred while cleaning septic tanks and sewers. Shockingly, 88 of these tragic incidents happened within the last three years. This indicates that the practice of manual scavenging, where individuals manually handle human excreta from dry latrines and sewers, is still prevalent in our society.
Understanding Manual Scavenging
Historically, manual scavenging was linked to India’s caste system, with lower castes expected to perform this laborious task. As a result, those involved in manual scavenging are often from the poorest and most disadvantaged communities. Their work often involves rudimentary tools like buckets, brooms, and baskets, and they frequently lack adequate tools and protective gear, leading to dangerous working conditions and frequent fatalities.
Issues Related to Manual Scavenging
While for some, manual scavenging may no longer be a form of employment, the associated discrimination and stigma remain deeply ingrained. This societal bias makes it nearly impossible for former manual scavengers to find alternative sources of income and can force individuals back into manual scavenging just to support their families. One of the key challenges in eradicating this practice lies in correctly identifying manual scavengers to provide them with necessary support and assistance.
Government Intervention
The Government of India made a significant step towards ending manual scavenging in 1993 by enacting the Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition) Act. This legislation banned the employment of manual scavengers for cleaning dry latrines and prohibited the construction of non-flush toilets. Violators could face up to a year of imprisonment and a fine.
In 2013, the government introduced an expanded version of this law. The Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013 acknowledges the need for rehabilitating manual scavengers and prohibits manual scavenging in all forms. This legislation also mandates a survey to identify and rehabilitate manual scavengers.
| Key Features of the 2013 Act |
|---|
| Prohibits construction or maintenance of insanitary toilets |
| Bans employment of anyone as a manual scavenger, with violations leading to a year’s imprisonment or a INR 50,000 fine, or both |
| Prevents engagement or employment for hazardous cleaning of a sewer or septic tank |
| Declares offences under the Act as cognizable and non-bailable |
| Demands a timeline-constrained survey of manual scavengers in urban and rural areas |
Further Measures towards Eradication and Rehabilitation
A crucial Supreme Court order in March 2014 mandated the government to identify all those who had died in sewerage work since 1993 and provide each of their families a compensation of INR 10 lakhs. Moreover, the Government of India has adopted a comprehensive approach, which includes eliminating insanitary latrines through demolition or conversion into sanitary latrines and introducing a rehabilitation package for manual scavengers identified through surveys. This package comprises livelihood and skill development, access to education for the children of former manual scavengers, and assistance for finding alternative livelihoods.
