Issue of Manual Scavenging in India

Syllabus: GS2/Governance/Human Rights

Context

• The Supreme Court vowed to go to “any extent possible” to ensure that manual scavenging is wiped out.

About

• The SC was referring to its 2023 judgment in which it had issued directions to the Union and States to take measures to eradicate manual scavenging and hazardous cleaning in the country. 
• Highlights of 2023 Judgement:
  • Frame policies to ensure that manual sewer cleaning is completely eradicated in a phased manner.
  • All states and Union Territories should ensure that the guidelines and directions framed by the Union of India are embodied in their own guidelines and directions.
  • Full rehabilitation measures are taken in respect of sewage workers, and those who die.
  • Development of a portal containing information relating to sewer deaths, and victims, and the status of compensation disbursement.
  • Increase in compensation payable for sewer deaths to ₹30 lakh from the earlier ₹10 lakh.

Manual Scavenging

• Manual scavenging refers to the practice of manually cleaning, carrying, or disposing of human excrement from latrines, open drains, and sewers, often using basic tools or even bare hands. 
• It is historically and predominantly associated with the caste system in India, where individuals from specific marginalized groups were into this form of labor.

Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013: 

• Prohibition of Manual Scavenging: The Act explicitly prohibits the employment of people in manual scavenging, it makes it illegal to engage in or promote manual scavenging in any form.
• Ban on Construction of Dry Latrines: The Act bans the construction of dry latrines (toilets that do not use water or modern sanitation systems) and mandates the conversion into sanitary ones using modern technology.
• Penalties for Violations: With imprisonment upto 2 years or fine upto Rs. One Lakh or both.
• Rehabilitation of Manual Scavengers: The law emphasizes the rehabilitation of manual scavengers by providing them with financial support, housing, and access to alternative livelihoods. 
• Identification and Survey of Manual Scavengers: The Act requires the government to conduct a survey to identify and document the people involved in manual scavenging across the country. 
• National and State Commissions: The Act establishes a National Commission for Safai Karamcharis and state-level commissions to monitor the implementation of the law, as well as to oversee the rehabilitation efforts.

Challenges in Implementation:

• Non-compliance by local authorities and employers: In some areas, the practice continues due to lack of proper enforcement and awareness.
• Social stigma: Deep-rooted social and caste-based discrimination continues to hinder the social reintegration of manual scavengers into more dignified occupations.
• Inadequate Rehabilitation: There have been reports of poor implementation of rehabilitation schemes, with many manual scavengers not receiving the support they are entitled to under the law.

Government Initiatives 

• Swachh Bharat Mission (2014): Launched to improve sanitation across India, this initiative aims to eliminate open defecation and convert dry latrines into sanitary ones, thereby reducing the need for manual scavenging.
• National Safai Karamcharis Finance and Development Corporation (NSKFDC): Established to provide financial assistance for the welfare and rehabilitation of manual scavengers and their families. It offers loans for skill development, self-employment, and business ventures.
• Skill Development Programs: The government provides training and skill development programs for manual scavengers to help them transition into alternative, dignified livelihoods.
• Self-Employment and Livelihood Support: Under various schemes, financial assistance is provided for self-employment and small businesses, enabling manual scavengers to find alternative occupations.
• NAMASTE (National Action for Mechanized Sanitation Ecosystem) scheme: It  aims to eliminate the practice of manual scavenging by promoting the use of mechanized equipment for cleaning sewers and septic tanks.
  • It aims at modernizing sanitation practices, protecting workers from hazardous conditions, and promoting safer, more efficient systems for waste management.

Way Ahead 

• Strict Enforcement of Laws: Strengthening the implementation of the Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013, with harsher penalties for violations and robust monitoring systems.
• Promotion of Mechanization: Widespread use of mechanized equipment to clean sewers and septic tanks, reducing manual labor and ensuring worker safety.
• Rehabilitation and Skill Development: Comprehensive training programs to help manual scavengers transition to alternative livelihoods, along with financial support for self-employment.
• Social Awareness: To eliminate the caste-based stigma associated with manual scavenging, promoting dignity, and fostering social inclusion.
• Inclusive Policies and Support: Targeted government schemes to provide welfare, education, housing, and healthcare to affected communities.

Source: TH