By Srushti Joshi
The act of manually cleaning, handling, and discarding human excreta, along with cleaning septic tanks, sewers, and other hazardous waste—often without proper safety precautions—is known as "manual scavenging." Manual scavengers work in septic tanks or sewers, physically entering them without the use of safety harnesses, masks, or gloves. They are exposed to various health risks as a result, such as bacteria, viruses, toxic gases, and physical harm. Numerous accidents or exposure to dangerous situations have resulted in the deaths of or serious injuries to manual scavengers.
Roots of manual scavenging and Social Issues
The caste system, an ingrained social hierarchy that has persisted for centuries, is the root cause of manual scavenging in India. Those at the bottom of the caste hierarchy, referred to as Dalits or "untouchables," were traditionally assigned menial and dehumanizing tasks, such as manual scavenging. The caste system divides people into rigid social groups. Because manual scavengers were viewed as "impure" and unsuited[1] for other professions, the lowest castes came to be associated with this activity. These underprivileged communities were forced to perform the inherited duties of managing human waste and maintaining sewers, which were passed down from generation to generation. Due to social exclusion, limited educational and economic opportunities, and societal discrimination, they were frequently forced into this work.[2]
India outlawed the employment of manual scavengers and the construction of dry latrines (The Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition) Act, 1993). This led to another problem regarding the employment of India's liberated sanitation workers.
Sanitation and waste management laws in India
The Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013 (PEMSR) prohibits such manual scavenging practices in India. The main goal of this act is to prohibit anyone from physically cleaning, transporting, or handling any waste or human excreta until it is disposed of. additionally believes that manual scavenging is a dehumanizing activity.
The 2013 legislation known as the Building and Maintenance of Insanitary Latrines Act forbids the establishment and upkeep of unhygienic restrooms.
This act also addresses the constitutional obligation to repair the historical injustices and indignities committed by manual scavengers and their respective communities.
The Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989. As previously mentioned, this act was crucial and primarily concentrated on dismantling the caste-based division of labor system.
The Safaimitra Suraksha Challenge: This initiative was unveiled by the Ministry of Housing and Urban Affairs on November 19, 2020, World Toilet Day.
This government change requires all states to automate sewage cleaning by April 2021; in the event that an unplanned emergency forces a person to enter a sewer line, the necessary safety gear, like oxygen tanks, needs to be made available.
Laws v/s the reality – the problem with the manual Scavenging Act 2013
The act aims to provide rehabilitation for those who have been subjected to manual scavenging. In the landmark case of Safai Karamchari Andolan v. Union of India,[3]1 the Supreme Court ruled that the widespread practice of manual scavenging and building dry latrines has not ceased. In addition to providing them with damages for any family members lost, Even with these laws in place, there are still a number of obstacles to overcome before manual scavenging can be completely eradicated in India:
Weak Monitoring and Enforcement Mechanisms: The enforcement agencies responsible for monitoring and enforcing the laws often lack the necessary resources, manpower, and infrastructure. As a result, the detection and prosecution of individuals and entities engaged in manual scavenging are inadequate.
Insufficient Identification and Survey: Manual scavengers must be accurately identified and numbered in order for their rehabilitation to proceed. However, the efficient execution of rehabilitation programs is hampered by the absence of an extensive and trustworthy database.
Lack of Awareness and Sensitization: Widespread awareness about the legal provisions and the rights of manual scavengers is essential for their empowerment. However, there is a lack of targeted awareness campaigns and sensitization programs, resulting in limited knowledge and understanding among affected communities.
Socio-Cultural Factors: In India, caste-based prejudice and social stigma are closely linked to manual scavenging. The effective application of laws is severely hampered by societal attitudes, ingrained prejudices, and the continuation of customs. Discrimination based on caste frequently prevents manual scavengers from disclosing their exploitation and pursuing legal action. Inadequate Rehabilitation Measures: Although the laws place a strong emphasis on the rehabilitation of manual scavengers and the provision of alternative livelihoods, there has been insufficient implementation of successful rehabilitation programs. Poverty and a reliance on manual scavenging are sustained by limited access to financial resources, education, and opportunities for skill development.
Solutions
It is not easy to eradicate such a deep-rooted system of discrimination, arising from the history of occupation restriction, but definitely possible through a comprehensive multifaceted approach.
Strict Enforcement of Laws: The Prohibition of Employment as Manual Scavengers and their Rehabilitation Act of 2013 should be effectively implemented and enforced. This includes identifying and registering manual scavengers, providing them with alternative livelihood options, and penalizing those who engage in the practice.
Rehabilitation and Skill Development: Rehabilitation programs should be implemented to provide alternative livelihood opportunities for manual scavengers. This can include vocational training, skill development programs, and financial support for starting new businesses or accessing formal employment.2
Promoting Mechanized Cleaning: The government should invest in the use of modern technologies and equipment for sanitation and sewage cleaning, reducing the need for manual scavenging. This includes promoting the use of sewer-cleaning machines, robotic technologies, and other mechanized cleaning methods.
Awareness and Sensitization: Extensive awareness campaigns should be conducted to educate society about the inhumanity and hazards of manual scavenging. Sensitization programs targeting individuals, communities, and local authorities can help challenge social stigmas and promote inclusivity.
Improved Sanitation Infrastructure: The government should prioritize the development of adequate sanitation infrastructure, including proper sewage systems, septic tanks, and toilets, to eliminate the need for manual scavenging. Access to safe and hygienic sanitation facilities is crucial in preventing the practice.
Social and Legal Empowerment: Empowering marginalized communities through education, economic opportunities, and legal support can help break the cycle of manual scavenging. Providing access to education and implementing affirmative action policies can uplift affected communities and promote social inclusion.
Strengthening Monitoring and Accountability: Establishing robust monitoring mechanisms to ensure compliance with laws and regulations is essential. This includes regular inspections, reporting mechanisms, and accountability of local authorities and contractors involved in sanitation-related projects.
Collaborative Efforts: Effective collaboration between government agencies, civil society organizations, and affected communities is vital in tackling the issue collectively. Partnerships can help pool resources, share knowledge and expertise, and ensure a coordinated approach to eradicate manual scavenging.
Conclusion
In conclusion, this paper has delved into the pervasive issue of manual scavenging, shedding light on its deep-rooted social injustice. Manual scavenging, which involves the manual cleaning and disposal of human waste, continues to persist in various parts of the world, despite being outlawed by legislation in many countries. The practice disproportionately affects marginalized communities, particularly those belonging to lower castes and disadvantaged backgrounds.
The findings of this research highlight the numerous adverse consequences of manual scavenging on both individuals and society as a whole. The physical and psychological health risks faced by manual scavengers are significant, with a high prevalence of respiratory diseases, skin ailments, and mental trauma. Additionally, the perpetuation of caste-based discrimination and social exclusion further exacerbates the marginalization and stigmatization of manual scavengers.
Efforts to eradicate manual scavenging must be multifaceted and comprehensive. The paper has identified several key areas that require attention and intervention. First and foremost, strict enforcement of existing laws and regulations banning manual scavenging is crucial Governments and policymakers should ensure that these laws are effectively implemented and perpetrators of this practice are held accountable.
Simultaneously, alternative technologies and mechanized solutions should be explored to replace manual scavenging. Investment in research and development for cost-effective and sustainable sanitation technologies can significantly reduce the reliance on human labor for cleaning and maintenance tasks. This transition would not only eliminate the hazardous conditions faced by manual scavengers but also contribute to overall improvements in public health and sanitation infrastructure.
Addressing the socio-economic factors underlying manual scavenging is equally imperative. Programs aimed at education, skill development, and livelihood opportunities should be implemented to empower affected communities and break the cycle of generational bondage. Sensitization campaigns and awareness programs must also be conducted to challenge prevailing social norms and eliminate caste-based discrimination.
Furthermore, collaborations between governments, civil society organizations, and international bodies are essential for the successful eradication of manual scavenging. Sharing best practices, knowledge, and resources can lead to more effective strategies and initiatives. Funding support should be provided to organizations working on the ground to rehabilitate and uplift manual scavengers, ensuring their reintegration into society.
It is crucial to acknowledge that eradicating manual scavenging is not solely a legal or technical challenge but also a deeply ingrained social issue. Long-term sustainable change requires a collective effort from all stakeholders, including individuals, communities, government agencies, and civil society organizations.
In conclusion, by recognizing the inherent injustice and human rights violation associated with manual scavenging, and by implementing holistic measures, societies can strive towards achieving social equality, dignity, and justice for all. The time has come to dismantle this degrading practice and create an inclusive and equitable society where no individual is condemned to a life of manual scavenging.
The author of this article is Srushti Joshi, a second-year BALLB student at Maharashtra National Law University, Nagpur.
[1] Protection of Civil Rights Act, 1955 (formerly known as the Untouchability (Offences) Act, 1955). Section 7A
[2] ,The Constitution of India, Article 17
[3] Safai Karamchari Andolan v. Union of India, (2014) 11 SCC 224.
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