Manual scavenging is a practice rooted deeply in Indian society where individuals are involved in the removal and handling of human excreta from dry latrines, open drains, and sewers. Despite being officially banned in 1993, manual scavenging is still prevalent in many parts of India. In a recent update of the Union Ministry of Social Justice and Empowerment, it was found that only 508 out of 766 districts have declared themselves free of this practice, thus raising pertinent questions about its actual extent and the efficacy of government interventions.
Legal Safeguards for Manual Scavengers in the Constitution of India
The Constitution of India assures certain rights to manual scavengers. Article 14 ensures equality before law and equal protection of laws. Article 17 abolishes untouchability and bans it in any form. Article 21 guarantees the protection of life and personal liberty, and Article 23 prohibits human trafficking and forced labour.
In addition, The Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013, is a significant legislation that aims to end manual scavenging. It forbids employing anyone for manual scavenging and also prohibits the construction or maintenance of insanitary latrines.
Factors Contributing to the Continuation of Manual Scavenging
The persistence of manual scavenging in India can be attributed to three major factors. First, the inefficient sewage management system of most municipalities in India relies on manual labour due to the lack of modern cleaning equipment. This makes hiring unskilled labourers at daily wages more cost-effective for contractors.
Second, the social hierarchy based on caste often associates certain castes with “unclean” or “polluting” jobs like manual scavenging, leading to their marginalisation and continued involvement in this degrading practice.
The third factor is the lack of alternative livelihood opportunities for these marginalised communities. They are usually trapped in a poverty cycle with limited access to education and skill development programs, thus pushing them to continue manual scavenging.
The Adverse Impact of Manual Scavenging
Involvement in manual scavenging poses serious health risks including exposure to various infectious diseases such as cholera, typhoid, hepatitis, and respiratory infections. The frequent lack of protective gear further increases their vulnerability to these health hazards leading to illnesses and premature deaths.
Manual scavenging not only violates the dignity and human rights of those involved but also exacerbates their social stigma, discrimination, and marginalisation.
Engaging in manual scavenging can result in severe psychological distress, leading to feelings of shame, low self-esteem, depression, and long-term psychological trauma.
Government Initiatives and Legal Directions to Mitigate Manual Scavenging
In order to curb manual scavenging, several government initiatives have been launched. On the legal front, the Supreme Court’s 2014 order mandated compensation of Rs. 10 lakh to the families of those who lost their lives in sewage work since 1993.
Rehabilitation efforts include one-time cash payouts to identified manual scavengers and connecting them to skills training programs. Loans and subsidies are offered to support them if interested in starting their own businesses.
The NAMASTE scheme aimed at 100% mechanisation of sewer work has now been merged with the rehabilitation scheme. Although the Union Budget for FY 2023-24 does not allocate specific funds for the rehabilitation scheme, an amount of ₹100 crore has been allotted to the NAMASTE scheme.
Several other initiatives such as the Safaimitra Suraksha Challenge, Swachhta Abhiyan App, Rashtriya Garima Abhiyan, and National Commission for Safai Karamchari are also focused on eliminating manual scavenging in India.
Strategy to Eradicate Manual Scavenging
Eradication of manual scavenging requires technology-driven solutions, promotion of entrepreneurship and skill development, and upgrading sanitation infrastructure. Automated sewer cleaning robots can replace manual scavenging tasks while vocational training can empower former scavengers to explore alternative livelihood options. Infrastructure upgrades to include modern toilets, efficient waste management systems, and sewage treatment plants will also reduce the demand for manual scavenging.
Elimination of manual scavenging involves multi-faceted efforts including providing education and employment opportunities, creating awareness about health threats, and building an equitable society free of caste-based discrimination.
