Manual scavenging, the practice of removing human excreta by hand from sewers or septic tanks, has long been a dark stain on India’s social fabric. Despite legal provisions and government initiatives to eradicate this inhumane practice, it continues to persist in some parts of the country. In recent years, there have been significant efforts to combat manual scavenging and achieve a manual-scavenging free India. However, the recent data provided by the Union government raises questions about the efficacy of these measures.
Decline in Deaths but Challenges Remain
The Union government stated that there have been no deaths due to manual scavenging in India over the last five years. While this is a positive sign, it cannot be ignored that 330 people lost their lives while engaged in cleaning sewers and septic tanks during the same period. This highlights that though progress has been made, challenges persist in eliminating this hazardous practice.
State-wise Progress
The Social Justice Ministry claims that manual scavenging is no longer practiced in India and cites that several states have declared themselves free of manual scavenging in all their districts. Let’s take a look at the state-wise progress:
- Bihar, Rajasthan, Tamil Nadu, and others: These states have achieved a commendable feat with all their districts reporting a manual-scavenging free status. This achievement showcases the effectiveness of the government’s efforts and emphasizes the importance of replicating such successes in other regions.
- Challenges in some States and UTs: Several states and Union Territories have a long way to go in eradicating manual scavenging. In states like Manipur, Jammu and Kashmir, Telangana, Odisha, and West Bengal, a significant proportion of districts are yet to report a manual-scavenging free status. This highlights the need for targeted interventions and better implementation of existing laws and policies in these regions.
- Uttar Pradesh: Uttar Pradesh, which had the highest number of manual scavengers according to surveys conducted until 2018, has made substantial progress, with nearly 90% of its districts reporting themselves as free of manual scavenging. This showcases the potential for change even in regions with historically high prevalence.
Understanding Manual Scavenging and Its Prohibition
Manual scavenging is an abhorrent practice that involves manually cleaning, carrying, disposing of, or handling human excreta. India took a significant step towards eradicating this practice with the Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013 (PEMSR). This Act not only banned the use of individuals for manual scavenging but also broadened the definition to include people employed in cleaning septic tanks, ditches, or railway tracks.
Measures Taken to Abolish Manual Scavenging
Several measures have been implemented by the government and judiciary to abolish manual scavenging in India:
- Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition) Act, 1993: This was one of the early legislative steps taken to prohibit manual scavenging and the construction of dry latrines, which often necessitate manual cleaning.
- PEMSR Act 2013: The 2013 Act replaced the 1993 Act and strengthened the legal framework against manual scavenging. It emphasized rehabilitation measures for those engaged in manual scavenging and aimed to break the cycle of intergenerational exploitation.
- Safai Karamchari Andolan v. Union of India (2014): In this landmark Supreme Court case, the court highlighted the significance of rehabilitation as a crucial aspect of eradicating manual scavenging. The judgment stressed the need to protect both the present and future generations from being forced into this degrading work.