Beneath The Surface - Understanding The Reality Of Manual Scavenging
Author: LawSphereX
Category: General Law
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BENEATH THE SURFACE: UNDERSTANDING THE
REALITY OF MANUAL SCAVENGING
Himani. M. Kapse, B.A. LL.B., Rashtrasant Tukdoji Maharaj Nagpur University’s Babasaheb Ambedkar College of Law
ABSTRACT
Manual scavenging, the practice of manually cleaning human excreta from open gutters, drains, pits and railway tracks. Mostly the ‘Dalits’ are trapped into this degrading occupation. Even though the activity is prohibited by law of 1993 and 2013 in India but people are still engaged in this occupation. Manual Scavenging is a hazardous and a deadly activity. It violates Human rights which need to be addressed. Eradication of manual scavenging is important to ensure the safety of that particular community which can only be done by strictly implementing laws, rehabilitation of the workers and usage of machineries. This paper examines the issue of Manual Scavenging in detail. It not only affects health of the people engaged in this occupation but also disrupt their socio-economic status in the society.
The paper discusses factors like social discrimination, poverty, health and emphasizes the need of improved sanitation systems, the paper gives an insight to why ‘trapped’ word is used for the occupation, answers what was the circumstances and history of this very inhumane act. Keywords: Manual Scavenging, health, sanitation, poverty, social discrimination.
A. LIST OF STATUTES
1. The Constitution of India.
2. The Prohibition of Employment as manual scavengers and their rehabilitation Act
2013.
3. The Schedule Caste and Schedule Tribes Act 1988.
4. The Protection of Civil Rights Act 1955.
B. LIST OF CASES
1. Safai Karamchari Andolan v. Union of India (2005).
C. ABBREVIATIONS
Art. Article Aug August Const. Constitution Dec December Jan January
1. Introduction
Umesh Bamaniya a 23 years manual scavenger, tragically died 10 days before the birth of his son while cleaning a choked sewer, doing a job which hardly paid him ₹2,000 his body was recovered from manhole in Gujrat. Umesh’s death was a horrific and unfortunate incident. 1 Manual scavenging, the practice involves manually cleaning human excreta from open gutters, drains, septic tanks, dry toilets and railway tracks. This process involves direct contact with human waste which leads to hazardous health issues to the scavengers. There are many cases where workers have died in the drains while cleaning them due to the toxic gases present there. In the section 2 (g) of the ‘Prohibition of employment of manual scavengers and their rehabilitation Act 2013 (hereinafter PEMSR Act 2013. ) definition of manual scavengers is given as- “manual scavengers” means a person engaged.
Or employed, at the commencement of this Act or at any time thereafter, by an individual or a local authority or an agency or a contractor, for manually cleaning, carrying, disposing of, or otherwise handling in any manner, human excreta in an insanitary latrine or in an open drain or pit into which the human excreta from the insanitary latrines is disposed of, or on a railway track or in such other spaces or premises, as the Central Government or a State Government may notify, before the excreta fully decomposes in such manner as may be prescribed, and the expression manual scavenging shall be construed accordingly. 2 This practice is deeply rooted to the social discrimination or particularly caste-based discrimination.
Mostly the sub castes of ‘Dalits’ (lower class of the caste hierarchy) are involved in this job they are not accepted to work anywhere else as they are considered to be impure which forces them to do manual scavenging for bread and butter, rather we can say they are trapped in this job. This inhumane act violates one’s human rights and continues the cycle of poverty, illiteracy, and violates human dignity in the society. Even after the advancement in sanitation and waste management technology the issue of manual scavenging is overlooked. Government has addressed the issue but has not provided any solutions for the same. Despite the manual scavenging is outlawed it is still practice in many regions of the country.
The Minister of State for Social Justice and Empowerment Shri Ramdas Athawale 1 Roxy Gagdekar Chhara, Manual Scavenging: The unending pain of India’s sewer workers, BBC News, Oct 26, 2023.
2 The Prohibition of employment of manual scavengers and their rehabilitation Act, 2013. §2(g).
stated in Lok Sabha that 966 scavengers died in sewers and septic tanks during the year 1993 to till date (As on 30.06.22)3 This number shows the grim reality of exploitation of human rights also it can be concluded by this number that even after the prohibition of this act it is still continued in the contemporary time.
2. Research Methodology
The research is doctrinal research which delves into the meaning of Manual Scavenging and Laws relating to the same.
2.1. Statement of Problem:
Manual scavenging is a practice in which mostly the lower caste/ marginalized community has to collect human waste from open drains, septic tanks and toilets. Even though it is not legal to practice manual scavenging. This practice not only violates human rights but also perpetuates caste discrimination. Proper implementation of legal framework and policies is required to forbid the practice. This paper examines the practice of manual scavenging it’s health hazards and impact on individuals involved in this inhumane activity and also examines the government policies and legal framework.
2.2. Research Objectives
Following are the objectives:
1. To Identify cultural, historical, and systematic factors that perpetuates the practice of
manual scavenging.
2. To give recommendations for eradication of the practice.
2.3. Research Questions
Following are the questions:
1. What are the social, economic conditions of individuals involved in the practice?
3 Manual scavenging, GOVERNMENT OF INDIA PRESS INFORMATION BUREAU (Jul 26, 2022, 4:40PM),
http://pib.gov.in/PressReleaseDetailm.aspx?PRID=1844974®=3&lang=1.
2. What health hazards arises due to manual scavenging?
3. What are government policies and legal framework for the manual scavenging?
4. How does manual scavenging violate human rights?
2.4. Research Hypothesis:
Manual scavenging negatively impact the socio-economic conditions of people involve in it and have many health hazards. There are deep-rooted cultural and social biases, including caste-based discrimination, which sustains the practice of manual scavenging.
3. Historical Tracing
In India caste system is prevalent from the time of ancient Vedic period. The society was divided into four ‘Varnas’ (which means class) Bramhins, who were considered to be the upper most class, Kshatriyas were fighters, Vaishya was typically associated with merchants, traders, farmers, and those involved in agriculture and commerce and Shudras who were considered to be the lowest class of the caste hierarchy apparently they were the labour class in the society. One’s varna was decided by his occupation. Though later it was generationally pass on due to socio-economic reasons. Caste system has a strong influence on Indian society and also on members of society to manage land and economical resources. The fourth class which is ‘Shudras’ was deem to be impure and a lot of discrimination was faced by them majorly ‘untouchability’.
Over time, the caste system became more complex, with many sub-castes entering the concept of caste. The concept of impurity was developed, for people doing tasks like cleaning human excrement, The growth of municipalities and British colonial rule contributed to the emergence of a caste of manual scavengers. 4 Manual scavenging is hereditary in India, despite the availability of all the technology, manual scavenging has remained a tradition that has continued without interruption making it more than just a job. Manual scavenging was considered as a customary right, it was tolerated until the first half of the 20th century after which it was recognised as human rights exploitation.
4 Shrishti Shikha, Manual Scavenging: Origins and Contemporary issues, Symbiosis Law School, Nagpur
Multidisciplinary Law Review, vol II issue I pg no. 109, (2022).
3.1. Colonial Tracing:
In the British era, jobs for manual scavenging were officially created by the government it formalized and institutionalized this custom within the Dalit community. The Kolar gold fields, located in present-day Karnataka, were among the first Sites to use as dry latrines. Census conducted in India in 1931 revealed that there are in total 19,57,460 manual scavengers in all over India.5 The history of manual scavenging is complex and dates back to the ancient times. This practice is deeply rooted in Indian caste system which forces them to perform this degrading and inhumane task. From the Vedic period to the British rule and from preindependence to post independence the practice continued in the society even after the attempts for eradicating the custom it is still prevalent in contemporary times.
4. Legal Framework
In India there are several provisions made for the protection of the manual scavenger community. The Dalits were being exploited in society from a long time, Bramhins created an image of the working and labour class to be impure and they were not allowed in many auspicious gatherings they were also not allowed to enter temple, education was also not accessible to them. To combat all these situations to eliminate discrimination on the basis of caste, religion, race, sex, occupation the Indian constitution provided the article 15 which prohibits discrimination on the basis of religion, caste, occupation, race, sex and place of birth.
6 Article 14 which serves equal protection of law and equality before the law7, and most importantly Article 17 of the Indian constitution which talks about the ‘Abolition of Untouchability’8 the article comes under the fundamental rights of Indian constitution it abolishes untouchability and it’s practice in any form, the practice is forbidden and punishable under the law. Article 17 not only prohibits untouchability but also ensures that every citizen live with dignity and respect regardless their caste, religion or socio-economic background.
5 Nihal Raj, From Shadows to Spotlight: Unveiling the Sags of Manual Scavenging in India, RUPKATHA
JOURNAL, Vol 16, no. 2 pg no. 7-8 (2024).
6 India Const. art. 15.
7 India Const. art. 14.
8 India Const. art. 17.
The Protection of Civil Rights Act 19559, is a significant legislation in India it was introduced to give an effect to Article 17 of Indian constitution, it aims to protect the civil rights of citizens particularly belonging to the minority the Act punishes the person who practice untouchability and deny someone to access public places, wells, roads etc. It protects the citizens from any kind of discrimination against them and protects their rights to enter public places and access facilities without any discrimination. The Protection of Civil Rights Act 1955, aims to promote social equality and justice it recognises the civil rights of the marginalized communities and ensure that they have equal opportunity and access to public services.
4.1. THE SCHEDULED CASTES AND SCHEDULE TRIBES ACT, 1988
The Scheduled Caste and Scheduled Tribes Act 1988,10 is specially drafted to aim at the prevention of atrocities against the schedule castes and Scheduled Tribes in India. The act focuses on various exploitation and humiliation faced by marginalized communities including those engaged in manual scavenging. Section 3(1)(x) prohibits forcing SC/ST individual to perform manual scavenging or any such degrading work.
4.2. The Prohibition of Employment as manual scavengers and their rehabilitation Act
In section 2(g) of PEMSR Act 201311 definition of manual scavenger is mentioned which say, “manual scavenger” means a person engaged or employed, at the commencement of the Act or at any time thereafter, by an individual or a local authority and agency or a contractor, for manually cleaning, carrying or disposing of, or otherwise handling in any manner, human excreta in an insanitary latrine or in an open drain or pit into which the human excreta from the insanitary latrines is disposed of, or on a railway track or in such other spaces or premises, as the Central Government or a State Government may notify, before the excreta fully decomposes in such manner as may be prescribed, and the expression manual scavenging shall be construed accordingly.
And section 5 prohibits to employ any person for manual scavenging and construction of dry latrines and no agency [section 5(1)(b)] shall engaged or employ, either directly or indirectly, a manual scavenger, and every person so engaged or employed shall
9 The Protection of Civil Rights Act (1955).
10 The Schedule Caste and Schedule Tribes Act 1988.
11 The Prohibition of Employment as manual scavengers and their rehabilitation Act, 2013, §2(g), §5(1)(b), §6, §7.
stand discharged immediately from any obligation, express or implied, to do manual scavenging. It is mentioned in the Section 6 of the Act that any contract, agreement or any other instrument executed to commerce this act is void in the first place. And no person shall engage or forced to engage in the hazardous cleaning of septic tanks and sewer (Section-7). PEMSR Act aims at eradicating manual scavengers and provides for their rehabilitation, ensuring a respectful and dignified life. Safai Karmachari Andolan v. Union of India12 was a landmark case of India which dealt with the issue of manual scavenging and the rights of individuals engaged in it.
The Safai Karamchari Andolan, a movement for the rights of sanitation workers, filed a writ petition in the SC of India hilighting the inhumane practice of manual scavenging and asked for compensation to the families of workers who died while doing this work. The SC delivered that Manual Scavenging is Unconstitutional and it violates rights, dignity and equality of the workers. They said government should provide protective gear to sanitation worker and proper implementation of laws is required. Due to this case awareness increased about the inhumane practice of manual scavenging and addresses the need of eradication of this practice.
5. Health Hazards
As manual scavenging involves cleaning drains, septic tanks and sewer there are chances that the worker could drown in the sewer or asphyxiation due to insert gases such as methane and carbon dioxide. Personal protective equipment is hardly used as it is not readily available or affordable which leads to skin infections and it also involves injuries due to sharp object present there it may be medical waste, one can get burns due to the deadly chemicals present in the sewer. Carcinogens, pollutants and pesticides often find their way into sewers with significant risks of immediate health issues. Chronic skin and eye diseases and rashes are exacerbated by the moist and often hot working conditions13. The gases present in the sewer are so deadly that many scavengers die in the sewer because of suffocation.
Many problems are faced by the workers due to lack of use of technology and proper preventive measures as well as poor implementation of laws.
12 Safai Karmachari Andolan v. Union of India, AIR 2014 SC (SUPP) 280 (India).
13 Navpreet Kaur, Manual scavenging and the right to health in India – social and medicolegal perspectives, SAGE,2-3 (2022).
Despite legal provisions prohibiting manual scavenging there are many gaps in the enforcement of the law, rehabilitation and accountability. The PEMSR Act criminalizes manual scavenging though it is not properly implemented. Local authorities fails to report cases against the act and many municipalities and contractors continue to employ workers for inhumane cleaning of sewer. Law mandates fines and imprisonment for those who promote manual scavenging but prosecutions are rare. Government officials are often escape due to the bureaucratic protection. Rehabilitation is mentioned in the laws but it is also not implemented on the ground level even the families are not given proper compensation which leads to inadequate finance and results into lack of chances of developing any skills.
Even the data regarding manual scavengers is not available these all loopholes make it difficult to eradicate the practice of manual scavenging.
6. Conclusion
Manual scavenging is a vital human rights issue which needs to be addressed. The practice of manual scavenging is deeply rooted in the caste system of India and if it has to be eradicated, proper measures are to be implemented. These loopholes and inadequate rehabilitation, failure of mechanization and accountability leads to fatal deaths of workers. It violates human rights and exploits the marginalized communities. Poverty leads to lack of education and perpetuates manual scavenging. To eradicate it there should be adoption of mechanized cleaning solutions, public awareness and societal involvement is also required for the same.
7. Suggestions
Strict implementation of law is required and timely and accountable prosecution needs to done against the exploiters. Cleaning of sewers and septic tanks should be fully mechanized. Proper rehabilitation and compensation should be given to the works to get out of this trap. And many things can be done towards the eradication of this practice.
BIBLIOGRAPHY
Journals and Articles:
1. Dr. Kusum Chauhan and Dr. Lalit Dadwal, Manual Scavenging in India: Issues and
Challenges, IJNRD, Vol 6, Issue 2024 at 18 (2024), http://www.ijnrd.org.
2. Krishnadas Rajagopal, Will go to ‘any extent possible’ to eradicate manual scavenging:
Supreme Court, THG, Dec 12, 2024.
3. Arunbalaji Selvaraj, Eradicating manual scavenging: a step toward upholding human
rights and social justice, blogs.Ise.ac.uk, Jan 11, 2024.
4. Dr. Jay Kumar Bhongale and Oishik Bhattacharya, Exploring the Plight of Manual
Scavenger: A Research Study on the Challenges and Suffering Faced by Sanitation Workers in India, SSRN, (Aug 15, 2023), https://idsn.org.
5. Ms. Smriti Kumari, Manual Scavenger- the Harsh Reality and It’s Legal Framework in
India, DYP DPU, (Jul 24, 2024), http://law.dypv.edu.in.
6. Shubham Kumar and Priyanka Preet, Manual Scavenging: Women Face Double
Discrimination as Caste and Gender Inequalities Converge, EPW, Vol. 55, Issue no.
2627 (Jun 27, 2020) www.epw.in.
7. S. Shankar and K. Swaroop, Manual Scavenging in India: The Banality of An Everyday
Crime, DOI, 2022. Books:
1. B.N. Srivastava, Manual Scavenging in India: A Disgrace to the Country (Concept
Publishing Company 1997). Online Source:
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https://blogs.lse.ac.uk/humanrights/2024/01/11/eradicating-manual-scavenging-asteptoward-upholding-human-rights-and-social-justice/.
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