Manual Scavenging

Introduction

The manually cleaning, clearing, disposing, or handling in any manner, human excreta from private and public insanitary dry latrines, sewers, open drains and septic tanks. Manual Scavenging is the most disgraceful, disgusting and disturbing practice entrenched in our society. “Manual Scavengers” means a person who engaged or employed, to clean human excreta from dry latrines or in an open drain or pit into which the human excreta from the insanitary latrines is disposed of, clearing of sewers and septic tanks by manual process include hands, brooms etc. Scavengers entered the sewer and septic tanks which required hanging from ropes, bearing stench and toxicity for hours and scooping filth with their bare hands. And women still pile up human excreta on a daily basis, load it into the basket or metal troughs, and carry it away on their heads for disposal at the outskirts of the settlement. The manual scavenging is hazardous, unsafe, insanitary, undignified and legally banned but still prevails. While there are different interpretations of the ‘varna system’ , one of the largely accepted interpretations of the ancient social hierarchy is that the caste system broadly divides all Hindus into four categories. At the top of the pyramid – the brahmins and kshatriya, then Vaishyas and at the very bottom the Shudras. Outside this structure, are Dalits, the outcastes and the untouchables, who have faced centuries of oppressions. ‘Manual Scavengers’ are the poor, uneducated Dalits, who do the manual scavenging exclusively because of casteism and patriarchy.

India is the one of the Countries where the gap between the rich and poor is increasing tremendously. After 75 years of independence, we are still struggling to actually match this gap. Article 38 and 39 of the Indian constitution says that the state has the responsibility to actually minimize the inequalities.

Current Prevalence

In the financial capital of the world’s fastest growing economy, why are humans still doing this work? Especially, since the Supreme Court banned the practice in 2014.

Across India manual scavengers belong to the lower rungs of the society, Hindu Dalit Community- Valmiki and Hela, few Muslim Dalits and converted Dalits Christians. While Article 15 of the Indian constitution prohibits discrimination on the basis of religion, race, place of birth, sex or caste. And Article 17 abolishes untouchability and its practice in any form, it's hard to deny caste privilege. 

Mumbai is a city of 20 million people and every day the mega-city produces 2000 million litres of sewage. And to deal with all this sewage, the city employs just 30,000 sanitation workers. Despite its ban, it continues to be a common practice. The workers involved in manual scavenging work in hazardous and unhygienic conditions are about 40 years old. The workers are unaware of the diseases harboured in feces and urine. That’s why sewer workers die at a young age from hepatitis, meningitis, cholera and cardiovascular diseases.

The number of people killed while cleaning sewers and septic tanks has increased over the last few years. 2019 saw the highest number of manual scavenging deaths in the past five years 110 workers were killed while cleaning sewers and septic tanks.

Efforts to End the Manual Scavenging

• Protection of Civil Rights Act, 1955- The Government of India passed the protection of civil rights act, 1955 to enforce the abolition of untouchability, addressed scavenging and called for punishment to those who compelled anyone to do scavenging.

  
  

• The Employment of Manual Scavenging and Construction of Dry Latrines (Prohibition) Act, 1993- This Act declared Manual Scavenging as unlawful practice and cognizable offence. A few years after this act was replaced by Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013.

  
  

• In 2007 the Self-Employment Scheme of Rehabilitation of Manual Scavengers was launched to rehabilitate the remaining manual scavengers and their dependents to alternative occupations by 2009. As per the scheme onetime cash assistance of Rs 40,000 is provided to one member of the family and beneficiaries are also provided with skill development for 2 years with a stipend of Rs. 3,000 per month.

  
  

• The Prohibition of Employment as Manual Scavenging and their Rehabilitation Act, 2013- The 2013 Act prohibits manual cleaning of sewer and septic tanks without the use of protective gears and construction of insanitary toilets. It seeks to rehabilitate manual scavengers and provide alternative employment opportunities and urged the authorities to take steps for the rehabilitation of workers and mechanize the work completely.

  
  

• Swachh Bharat Mission- The Swachh Bharat Mission was launched to maximize sanitation coverage in the country by building toilets, bio-toilets and leach pits. When the Swachh Bharat Mission was launched many scavengers were hopeful that better infrastructure and better designed toilets would bring an end to their misery.

  
  

Barriers to Ending Manual Scavenging

• Acts fail to address some very critical issues like it totally missed out the provisions related to the deaths of Manual Scavengers.

  
  

• The act puts the responsibility of demolishing and converting of insanitary latrines on the occupier. But it takes away the responsibility from the Government and has adversely affected the implementation of the act. Moreover, the Government itself is the biggest employer of the Manual Scavengers.

  
  

• Swachh Bharat Mission lays stress on compost toilets. But People prefer building septic tanks as they consider other types unhygienic. 10 million toilets were built, majority of which were built with septic tanks, have only increased the number of Manual Scavengers then reducing it.

  
  

• The amount invested to promote and publish the Swachh Bharat Mission is very high. The amount allocated for rehabilitation has been reduced with each passing year.

  
  

“One of modern India’s great shame is the official failure to eradicate ‘Manual Scavenging’, the most degrading surviving practice of untouchability in the country.”

Humanity will never forgive Manual Scavenging. Cleanliness drives and schemes should centre around sewer workers to give them dignity. 

This article is authored by Monu Rani. She was among the Top 40 performers in the Quiz Competition on New Criminal Laws organized by Lets Learn Law.