Committees Commissions for Manual Scavenging

THE CONTEXT: In the first week of April 2022 the appalling spectacle of human beings dying inside sewer lines was repeated on the outskirts of the national Capital after four people died in the area of Delhi. Before it, the Ministry of Social Justice and Women Empowerment said that a total of 971 people lost their lives while cleaning sewers or septic tanks since 1993, the year law prohibiting the employment of manual scavengers was enacted.

THE DEVELOPMENT

A total of 971 people lost their lives while cleaning sewers or septic tanks since 1993, the year law prohibiting the employment of manual scavengers was enacted
Tamil Nadu accounted for 214 of the 971 “sewer deaths”, the highest in the country. Gujarat reported 156 such deaths and Uttar Pradesh 106, the data said.
In 703 cases, ₹10 lakh as compensation had been paid to the families of the victims, and in 136, an amount of less than ₹10 lakh was given.
However, the Minister said, a total of 161 people died while cleaning sewers and septic tanks in the last three years but there was no death by manual scavenging.

WHAT IS MANUAL SCAVENGING?

Manual scavenging is a profession which has been in existence since human civilisation. The inhuman practice of manually removing human excrements from dry toilets with bare hands, brooms, or metal scrappers; carrying excrements and baskets to dumping sites for disposal, is not only diabolic but perhaps the highest degree of human rights violation.
People are made to carry out manual scavenging in two basic forms: the cleaning of dry latrines, and the cleaning of sewers and septic tanks. Both are illegal under the Manual Scavenging Act.
In the first case, casteist attitudes enforce people into carrying out this labour and then perpetuating their exploitation.
The second is an urban mess coupled with ignorance, lack of awareness, or deliberate disregard for the law, which makes people carry out this work. This category is often rationalised with the logic of demand and supply.
Manual Scavengers are usually self-employed or contract employees. “Self-employed” means a person who scavenges a group of households” dry latrines or drains etc. in a particular ward, for payment in cash and/or in-kind, by the house-owners. Contract employees would normally be those who are hired through contractors, by a municipal body or any other organization or a group of house owners, to scavenge individual or community dry latrines and open drains where night soil is disposed.

HISTORICAL BACKGROUND

based on census data, Risley, the Commissioner for 1901 Census, classified castes into seven main categories according to their social standing and ranked the Jatis in the local hierarchy and varna affiliation of each.
The scavenging castes which were known by different names in different States like
Bhangi, Balmiki, Chuhra, Mehtar, Mazhabi, Lal Begi, Halalkhor etc. in northern India;
Har, Hadi, Hela, Dom, and Sanei, etc. in eastern India; Mukhiyar, Thoti, Chachati, Pakay, Relli, etc. in Southern India; and
Mehtar, Bhangias, Halalkhor, Ghasi, Olgana, Zadmalli, Barvashia, Metariya, Jamphoda and Mela etc. in Western and Central India,

Why is manual scavenging still prevalent in India?

The lack of enforcement of the Act and exploitation of unskilled labourers are the reasons why the practice is still prevalent in India.
For example, the Mumbai civic body charges anywhere between Rs 20,000 and Rs 30,000 to clean septic tanks. Meanwhile, unskilled labourers are much cheaper to hire and contractors illegally employ them at a daily wage of Rs 300-500.
According to a report by Safai Karmachari Andolan, 472 deaths due to manual scavenging had been recorded from 2016 to 2020 in Mumbai alone.

LEGAL / LEGISLATIVE FRAMEWORK AND COMMITTEES/COMMISSIONS FOR MANUAL SCAVENGERS

THE PROTECTION OF CIVIL RIGHTS ACT, 1955:

It has been enacted to abolish the practice of untouchability and social disabilities arising out of it against members of the Scheduled Castes.
Under the revised Act, the practice of untouchability was made both cognizable and non-compoundable offence and stricter punishment was provided for the offenders.

THE SCHEDULED CASTES & SCHEDULED TRIBES (PREVENTION OF ATROCITIES) ACT, 1989:

The Act, inter alia, specifies some types of offenses as atrocities, provides for the imposition of stricter penalties for the guilty and sets up Special Courts for speedy trial of such cases.

EMPLOYMENT OF MANUAL SCAVENGERS AND CONSTRUCTION OF DRY LATRINES (PROHIBITION) ACT, 1993:

It provides for the prohibition of employment of manual scavengers as well as construction or continuance of dry latrines and for the regulation of construction and maintenance of water-sealed latrines and matters connected therewith.
The act made employing a manual scavenger a cognisable offense with imprisonment and a fine.
The 1993 Act made it the responsibility of citizens, organisations, and the state to maintain sanitary toilets.

THE PROHIBITION OF EMPLOYMENT AS MANUAL SCAVENGERS AND THEIR REHABILITATION ACT, 2013:

It has widened the definition of manual scavenging and shifted the focus of initiatives to end manual scavenging beyond sanitation to protect the dignity of communities engaged as manual scavengers.
The 2013 Act prohibits dry latrines and outlaws all manual cleaning of excrement and cleaning gutters, sewers, and septic tanks without protective gear.
The act says National Commission for SafaiKaramcharis (NCSK) would monitor the Act’s implementation and inquire into complaints regarding contravention of the provisions of the Act.

SCHEMES FOR WELFARE AND REHABILITATION OF MANUAL SCAVENGER

VALMIKI MALIN BASTI AWASYOJNA (VAMBAY):

This scheme was launched in 2001 with the aim to provide shelter and upgrade the existing shelter for people living below the poverty line in urban slums which helps in making cities slum-free.
The scheme is shared on a 50:50 basis with states.

TOTAL SANITATION CAMPAIGN (TSC):

The Total Sanitation Campaign is a comprehensive programme to ensure sanitation facilities in rural areas with a broader goal to eradicate the practice of open defecation.
TSC was initiated in 1999 when Central Rural Sanitation Programme was restructured making it demand-driven and people-centered.

NATIONAL SCHEME OF LIBERATION AND REHABILITATION OF SCAVENGERS (NSLRS):

NSLRS was launched in 1992 to provide alternate employment to the scavengers and their dependents.
Under NSLRS, the Government of India has formulated and issued guidelines to all States and their Special Central Assistance (SCAs) to form groups of 5 to 25 scavengers and start a production-cum-trading-cum service center for large-scale conversion of dry latrines through Sanitary Marts in which the loan component would be provided by the National SafaiKaramcharis Finance and Development Corporation (NSKFDC).

SELF-EMPLOYMENT SCHEME FOR THE REHABILITATION OF MANUAL SCAVENGERS: The scheme is a successor to NSLRS which provides for: –

One-time cash assistance of Rs 40,000 each to the identified manual scavengers.
Loan for undertaking livelihood projects uptoRs 15 lakh at a concessional rate of interest.
Credit linked capital subsidy up to Rs 3,25,000.
Skill development training for up to two years with a stipend of Rs 3000 per month.

SWACCH BHARAT ABHIYAAN: Some of the features of the mission that promotes prohibition on manual scavenging are:

Conversion of insanitary toilets to pour flush toilets,
Eradication of manual scavenging,
Spreading awareness among the citizens about sanitation and its linkages with public health.

SOME MAJOR IMPLICATIONS OF MANUAL SCAVENGING

the Increasing number of waste-pickers is considered a sign of growing poverty. In this way, the Right to life of scavengers remains under consistent threat.
Right to equality and dignity are violated due to the continuance of such inhuman practice.
Right of Food or right against Hunger is violated due to the continuance of the evil practice of Scavenging.
Manual scavengers are exposed to the most virulent forms of viral and bacterial infections that affect their skin, eyes, and limbs, respiratory and gastrointestinal systems. According to the Environmental Sanitation Institute, Gandhi Ashram, the majority of scavengers suffered from anaemia, diarrhea, and vomiting.
Right to development is also violated.
Many labourers have died cleaning septic tanks and drains due to poisonous gases as the majority of them are without the necessary safety equipment.
Social Exclusion experienced by Manual Scavengers by Denying access to places of worship, public sources of water & exclusion from cultural events

WHY MANUAL SCAVENGING STILL PERSISTS?

A plethora of legislation was enacted for ensuring an equitable and casteless society, but the conditions of the scavenging communities have remained deplorable.

Govt apathy:

Poor implementation of the MSRA, 2013

6 Mn insanitary latrines still exist (NGO Safai Karamchari Andolan, Census 2011 data)
72% of these are in Andhra, Assam, J&K, Maha, TN, UP, and WB
3 million Dalits (mostly women) make living as manual scavengers (NGO data)

99% reduction (2014 vs. 2017) in budgetary allocations by the center. This is despite GoI’s commitment to sanitation and a dedicated cess.
The National Safai Karmachari Commission which was mandated to implement the act has not been functioning properly. Its website has not been updated about recent developments and new initiatives.
The States/UTs are slow to identify insanitary latrines and manual scavengers as there is no time-bound plan for identifying insanitary latrines and manual scavengers.

Indian Railways:

Continues to be the largest employer of Manual Scavengers (no data available about the no. of MS employed)
Typically employs Manual Scavengers through ‘contractors’

Societal prejudice:

popular insensitivity towards the issue
the notion of caste and pollution
stigmatisation of the dalits

Loopholes in the 2013 Law:

The 2013 Prohibition of Employment of Manual Scavengers and Their Rehabilitation Act aimed to introduce safety measures for manual scavengers and encouraged their rehabilitation. Activists and manual scavengers have since criticized the law on the grounds that it does not strictly ban the practice.
The 2013 Act allows manual scavenging if the employer provides ‘protective gear’; However, the Act does not define what constitutes ‘protective gear,’ creating a possibility for employers to exploit this provision.

Slow & inadequate rehabilitation of manual scavengers:

Manual scavengers are mostly illiterate and have no exposure to any work, other than sanitation-related work. Many of them are old. They lack confidence for running self-employment projects. Many of them are not willing even to avail any skill development training.
Banks are hesitant about providing loans to manual scavengers. Even many State Channelizing Agencies, due to the low rate of recovery of loans from safai karamcharis, are not willing to extend loans to manual scavengers.

What should be done?

Without community participation and awareness this dehumanizing practice cannot be abolished. Government must try to create a favorable environment through community awareness and sensitization of local administration.
Strict enforcement of criminal penalties of the 2013 act must be undertaken.
As long as open defecation and dry latrines continue, manual scavenging is not likely to die, thus government must fasten the process of identification of insanitary toilets, their demolition, and rebuilding.
Build the capacity of the community to promote rehabilitation efforts and self-reliance and also build leadership in the community with a particular focus on Dalit women
Alternate means of employment should be generated for the impoverished people who are forced to become manual scavengers due to a lack of alternatives means of livelihood.
Breaking caste barriers through education and economic uplift.
Compensation sanctioned for the families of those who died in the course of the humiliating and hazardous work should be paid immediately.

TECHNOLOGICAL SOLUTIONS TO ELIMINATE MANUAL SCAVENGING

Despite legislation and widespread campaigning against manual scavenging, the inhuman practice continues in India. But when it comes to solutions, there are practically none. The lack of technological replacement for humans cleaning sewers and septic tanks is the biggest challenge that the country faces. So, how do we end this? Here’s a brief look and what can be done and what needs to be done:

Machines:

When it comes to cleaning the drains, jetting and sucking machines can only be used on large roads.
The government should place orders for small machines to negotiate the smaller lanes.
Companies can manufacture them according to the customers’ requirements.

Design:

The government has made it a criminal offense to ask someone to carry out manual scavenging but has not backed it up with redesigning septic tanks.
Septic tanks here are designed badly. They have engineering defects which means that after a point, a machine cannot clean them.
Sucking machines suck out liquid waste from septic tanks, but sometimes, fecal matter hardens and solidifies.

Proper waste disposal:

It doesn’t help that people flush all kinds of things down the toilet with no thought for its repercussions. Improper disposal of condoms, sanitary napkins, and diapers contributes to clogged drains that machines cannot clear. This also creates circumstances forcing people to enter sewers.

Bio-Toilets:

Indian RAIL has rolled out new coaches with bio-toilets, using the bio-digester concept of the Defence Research and Development Organisation (DRDO).
In phases, all conventional toilets should be replaced with bio-toilets, and the Southern Railway is looking at having only bio-toilets.

Bandicoot Robot & Sewer Croc:

Sewer Croc, Bandicoot, and 14 other machines are in various development and deployment stages, with no help from the Centre.
India’s first ‘manhole cleaning robot’ called Bandicoot.
The Sewer Croc team came together last year following a spate of deaths of manual scavengers, and after a meeting with SKA’s national convenor, Bezwada Wilson.
However, there are R&D problems: for instance, manholes are not consistent in shape or size: some are square, some are round; some are cylindrical, some are conical, and their diameters vary.

The WAY FORWARD:

In India in the 21st century, which aspires to be a world power the practice of manual scavenging must be abolished; otherwise, it will remain a blot on India and its value system. An aggressive campaign for this which focus on the attitudinal change in all sections of the society must be followed. The National Commission for SafaiKaramchari must be made responsive and responsible to time needs. Swachh Bharat Mission may be used to actively target the conversion of insanitary latrines on a priority basis. Liberated manual scavengers must be linked to social security and other welfare schemes to ensure that they are not dependent on this inhuman work for their survival. With all these steps if taken seriously the problem of manual scavenging can be eliminated.

THE CONCLUSION: A slew of interventions are needed to end manual scavenging including better methods of sanitation in the railways — were one of the largest sections of manual scavengers are employed to clean tracks — and more efficient machines to empty septic tanks. It is not going to be possible to eliminate manual scavenging unless we create the right technologies.

BEST PRACTICE: MALAYSIA’S TRANSFORMATION

In Malaysia, for instance, sewerage management has evolved in a phased manner from primitive systems to more mechanical and automated systems since the country’s independence in 1957.
New and improved equipment has also been continuously introduced due to technological advancements. Over time, this has increased the expectations regarding environmental standards and the skill level in the design, and construction.
In the 1950s there were instances of Chinese migrants who were made to do manual scavenging.
It was not an overnight decision. Malaysia started to make this shift to mechanisation not because there was activism in place to eradicate manual scavenging like in India, but because they wanted to promote the country as a tourist destination. There was a big push from the government for this.
The approach was taken by the Malaysian government, highly subsidised the construction and maintenance of sewage plants. They also carried out surveys and outreach programmes to educate citizens about how often they should get their septic tanks cleaned.

THE ISSUE OF MANUAL SCAVENGING: WHY IT IS A BLOT ON SOCIETY