SC Bans Manual Scavenging In Six Metropolitan Cities

Syllabus: GS1/ Social Issue

In News

• The Supreme Court passed directions banning manual scavenging and manual sewer cleaning in six metropolitan cities in a writ petition seeking the eradication of manual scavenging in India.

What is Manual Scavenging?

• Manual scavenging refers to the practice of manually cleaning, carrying, and disposing of human excreta from dry latrines, open drains, sewers, and septic tanks. It is a hazardous and degrading occupation that primarily affects marginalized communities.

Status of Manual Scavenging in India

• 443 deaths due to manual scavenging were reported between 2018 and 2023, according to the Ministry of Social Justice and Empowerment.
• In Delhi alone, an RTI response revealed 94 deaths over the past 15 years, with only one conviction.
• As of 2024, 97% of manual scavengers belong to Scheduled Castes (SCs):
  • 42,594 SCs
  • 421 Scheduled Tribes (STs)
  • 431 Other Backward Classes (OBCs)

Issues and Challenges

• Despite the legal ban, manual scavenging persists, often disguised under informal employment arrangements.
• Many workers are hired on a contractual basis, bypassing legal protections.
• Rehabilitation efforts under the 2013 Act have been poorly implemented.
• Many sanitation workers continue to die due to exposure to toxic gases in sewers and septic tanks.
• Mechanization of sewer cleaning is slow, forcing laborers to continue dangerous manual work.
• The practice remains deeply linked to caste discrimination, as it primarily affects Dalit communities.

Laws and Regulations Against Manual Scavenging

• Prohibition of Employment as Manual Scavengers and Their Rehabilitation Act, 2013: Prohibits manual scavenging in all forms.
  • Criminalizes the employment of manual scavengers.
  • Mandates the mechanization of sewer cleaning.
• Supreme Court Interventions: In Safai Karamchari Andolan v. Union of India (2014), the SC directed the government to provide compensation of ten lakh rupees to the families of deceased manual scavengers.
  • In 2020, the Court ordered stricter implementation of mechanized sewer cleaning to prevent further deaths.
• Constitutional Provisions:  Article 17 (abolishes untouchability), Article 21 (guarantees the right to life and dignity), Article 23 (prohibits forced labor), and Article 42 (Humane working conditions for all workers).

Government Initiatives and Policies

• NAMASTE Scheme (2023): Focuses on the mechanization of sewer cleaning.
  • Provides skill training and alternative employment opportunities for sanitation workers.
• Swachh Bharat Abhiyan: Aims to replace dry latrines with modern sanitation facilities.
  • Encourages the use of mechanized cleaning equipment.
• Self-Employment Scheme for Rehabilitation of Manual Scavengers (SRMS): Provides financial assistance of forty thousand rupees along with skill training.

Way Forward

• Full enforcement of the 2013 Act with strict penalties for violations.
• Faster adoption of mechanized cleaning methods (using robots and machines) to eliminate the need for manual labor.

Source: TH