Manual Scavenging in India
Source: The Hindu
GS II: Welfare schemes for vulnerable sections of the population by the Centre and States and the performance of these schemes; mechanisms, laws, institutions and Bodies constituted for the protection and betterment of these vulnerable sections
Overview
- News in Brief
- What is Manual Scavenging?
- Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013
Why in the News?
The Supreme Court’s claims of fraternity, equality, and dignity among citizens remain a mere illusion if a sizeable section of society is forced to enter sewers for a living and die trapped in them even a decade after the outlawing of the inhuman practice of manual scavenging.
News in Brief
- A Bench in SC held the Union and the States dutybound to the pledge to completely eradicate manual scavenging.
- Through the stringent implementation of the Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013.
- This population, who have remained unseen, unheard and muted, in bondage systematically trapped in inhuman conditions
- The court enhanced the compensation payable for sewer deaths to ₹30 lakh from the earlier ₹10 lakh.
- The case was listed on February 1, 2024, for further monitoring.
What is Manual Scavenging?
- Manual scavenging refers to the practice of manually cleaning, handling, and disposing of human and animal waste, typically from dry latrines, sewers, septic tanks, and open drains.
- This hazardous occupation involves individuals, often from the most marginalized and oppressed communities.
- They come into direct contact with human excreta without any protective gear or sanitation equipment.
- Manual scavengers, who are mostly from lower castes, are subjected to inhumane and degrading working conditions.
What are the concerns of Manual Scavenging in India?
- Unsafe Working Conditions
- Manual scavengers work without adequate protective gear or equipment, making them vulnerable to various health risks.
- This risk includes exposure to harmful pathogens and toxic gases.
- Health Hazards
- Exposure to human waste increases the risk of diseases and infections.
- Many manual scavengers suffer from respiratory issues, skin problems, and other health complications.
- Social Stigma
- Manual scavengers often face severe social discrimination and marginalization due to the nature of their work.
- This leads to their isolation from mainstream society.
- Death
- Continued deaths in sewers, even after the introduction of the Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition) Act, 1993.
How is Manual Scavenging Controlled in India?
- Legal Prohibitions
- Manual scavenging is illegal in many countries, including India.
- However, it continues to persist due to the lack of enforcement of existing laws and deep-rooted social issues.
- Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013 is one of the measures.
- Mechanization
- The practice continues due to the lack of proper sanitation infrastructure and the absence of modern technology in some regions.
- Mechanization and modernization of sewage and waste disposal systems are essential to eliminate manual scavenging.
- National Action Plan for Mechanised Sanitation Ecosystem (NAMASTE)
- NAMASTE, the government has developed the NAMASTE scheme—to clean septic tanks and sewers.
- A joint project of the Ministry of Social Justice and Empowerment and the Ministry of Housing and Urban Affairs.
- Capital subsidies of up to ₹5 lakh on sanitation machinery cost up to ₹15 lakh.
- Interest subsidies on loans, where interest rates will be capped between 4-6% for the beneficiaries.
- Swachhta Udyami Yojana
- Launched on the 2nd October, 2014.
- Cleanliness and providing livelihood to Safai Karamcharis.
- Liberated Manual Scavengers to achieve the overall goal of Swachh Bharat Abhiyan.
- National Safai Karamcharis Finance & Development Corporation (NSKFDC) will provide skill development training to the beneficiaries.
- National Commission for Safai Karmacharis
- Constituted on 12th August 1994 as a statutory body by an Act of Parliament, the ‘National Commission for Safai Karamcharis Act, 1993.
- The commission is acting as a Non-Statutory body of the Ministry of Social Justice and Empowerment currently.
- Mandated with specific programmes of action towards elimination of inequalities in status, facilities and opportunities for Safai Karamcharis.
Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013
- No person, local authority or any agency shall, from such date as the state government may notify, which shall not be later than one year from the date of commencement of this Act, engage or employ, either directly or indirectly, any person for hazardous cleaning of a sewer or a septic tank.
- According to section 6, any contract, agreement or other instrument entered engaging or employing a person for the purpose of manual scavenging be terminated and void.
- Prohibition of insanitary latrines and employment and engagement of manual scavengers under Section 5.
- Insanitary latrine means a latrine which requires human excreta to be cleaned or otherwise handled manually, either in situ, or in an open drain or pit into which the excreta is discharged or flushed out
Punishment
- Violation of Section 5 or Section 6
- The first contravention with imprisonment may extend to one year or with a fine may extend to fifty thousand rupees or with both.
- Subsequent contravention with imprisonment extended to two years or with a fine extended to one lakh rupees, or with both.
- Violation of section 7
- First contravention with imprisonment for a term extended to two years or with a fine extended to two lakh rupees or with both.
- Subsequent contravention imprisonment may extend to five years or with a fine which may extend to five lakh rupees, or with both.
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