Ragini Rajbhor
Amity Law School, Amity University Rajasthan
“I may not be born again but if it happens, I will like to be born into a family of scavengers, so that I may relieve them of the inhuman, unhealthy, and hateful practice of carrying night soil.”
– Mahatma Gandhi
Manual scavenging is the act of cleaning drains or removal of sludge from toilets, (without safety equipment). Meaning; untreated human excreta is removed from pit latrines or bucket toilets using buckets or by hand. There are 3 forms of scavenging, defined by the International Labour Organization:
- Septic tanks cleaning,
- Removal of human excreta from dry latrines and
- Gutters and sewer cleaning.
Post 1968, there began improvement with the rise of Toilet Revolution, led by Several Activists, Social Reformers. The use of old structures for excreting had been changed with the Two-Pit-Latrines, Dry Toilets were given up. This helped the Manual Scavengers as now they didn’t have to collect the Excreta daily with their hands and also the users, as now they can be safe from Pathogens.
In 1993 the Govt. enacted Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition) Act and later again in 2013 with the introduction of The Prohibition of Employment as Manual Scavengers and Their Rehabilitation Act, 2013.
With the introduction of new Technology and legislations in the field of FSM, the number of deaths asphyxiated by poisonous gases should have been reduced, but that’s not the case. Generation by generation Human excreta is cleaned by workers from an unorganized sector without any safety equipment or suit.
“Swachh Bharat Abhiyan” helped to introduce toilets into the houses across the Country, 5.8 Million in 2014-2015 itself. It has solved the Problem of Infrastructure for excreting, but the issue of Faecal Sludge Management is still unsolved.
Ever thought what happens to your excreta after you flush it?
Sludge from the septic tanks and Sewage drains, filled with Human Excreta, needs to be emptied and transferred into the landfills/Treatment Plants to become compost. These composts are later on sold as Bio-soil/ Manure for the plantation and gardening purposes.
Still the actual question is who empties the tanks? Who takes it to the Landfills/ Treatment Plants? Surely somebody has to? So, logically it’s the person who exchanges his dignity with the Monetary Benefits he gets by Clean the Human Excreta. Certainly, if I am paid even in lakhs, I will not do it, because I will not sell my dignity over a plate of food or a Leaf of Cash, because I have plenty options, I will not starve of death if I don’t clean the sludge. An educated person will never dig shits and jump into a pool of shit because he has multiple other opportunities in front of him. What about the persons engaged in this inhuman work of cleaning somebody else’s dirt? 99% of them are uneducated poor persons, they have no options. Who failed to educate them or provide opportunities to grow as an individual? It is clearly the state’s failure.
Case Laws:
In this case, SC acknowledged the peril of Manual Scavenging in the Country, as – inhuman, undignified, deadly profession. SC also realized that both the legislations regarding manual Scavenging turned out to be ineffective i.e. Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition) Act 1993 and The Prohibition of Employment as Manual Scavengers and Their Rehabilitation Act 2013.
Chief Justice P. Sathasivam observed that 95% of 6,76,009 (2002-2003) identified manual scavengers in the country are Dalit according to the data provided by the Ministry of Social Justice and Empowerment. These workers are under economic compulsion to do this degrading, inhuman task.
SC stressed the rehabilitation of these workers as a major step and issued certain guidelines regarding the way of cleaning and consequences of Violation of these guidelines in terms of fine under the above provisions.
This Judgement was passed highlighting and identifying the poor condition of sewage workers. Sometimes these workers die going down the Manholes and Septic Tanks for the sake of earning livelihood.
According to a report on “Health & Safety Status of Sewage Workers in Delhi” by Centre for Education and Communication in collaboration with Occupational Health & Safety Management Consultancy Services 46% of the workers are underweight as per BMI, 59% workers go 10 times a month into a Manhole, without any vaccination or safety equipment and several deaths every year. (33 deaths in last two years).
SC criticised the insensitive attitude of Govt. in this matter and issued directions with respect to Compensation of these workers and their families.
In this case Court opined that there has been a failure on the part of the concerned authorities to implement the Acts and Rules to prevent and address the atrocities against Dalits:
– Protection of Civil Rights Act, 1955
– Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989
– Scheduled Castes and Schedules Tribes (prevention of Atrocities) Rules, 1995
– The Legal Services Authorities Act, 1987
– International Convention on the Elimination of All Forms of Racial Discrimination, 1966 (ICERD)
And directed the states and authorities to strictly implement the above provisions in case of any atrocity against any person belonging to SC and ST.
Legislations related to Manual Scavenging
Constitution of India
The Protection of Civil Rights Act, 1955
The Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989
Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition) Act, 1993
Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013
National Commission for SafaiKaramcharis Act, 1993
The Scavengers’ Living Condition Enquiry Committee 1949 (Chaired by V.N Barve)
Kaka kalekar commission
Central harijan welfare board (CHWB)
The Scavenging Condition Inquiry Committee 1957 (chaired by N.R Malkani)
Committee on customary rights
Pandya committee
Self-employment scheme for rehabilitation of manual scavenging (SRMS)
National scheme of liberation and rehabilitation of scavengers and their dependents (NSLRSD)
Nirmal Bharat Abhiyaan (NBA) (2009-14) and Swachh Bharat Abhiyaan (SBA) (2014- 19)
Constitution of India
Provisions of Indian Constitution safeguarding Sanitation Workers:
- Art. 14 – “Right to Equality”
- Art. 16 (2)- “Equality of opportunity in matters of public employment”
- Art. 17 – “Abolition of Untouchability”
- Art. 19 (1) (g)- “Right to practice any profession, or to carry on any occupation, trade or business”
- Art. 21 – “Right to Life and Personal Liberty”
- Art. 23 – “Prohibition of Traffic in Human Beings and Forced Labor”
- Art. 42 – “Provision for Just and Humane Conditions of Work and Maternity Relief”
- Art 46 – “Promotion of educational and economic interests of Scheduled Castes, Scheduled Tribes and other weaker sections”
- Art 47 – “Duty of the State to raise the level of nutrition and the standard of living and to improve public health”
- Article 338- “Constitution of a National Commission for Schedule Caste”
The Vicious Nexus of Caste and Sanitation under the purview of Indian Constitution
The civil, social and economic life in India has been structured by the caste system. From time immemorial the lower caste was employed by the higher caste community to clean their domestic sludge and Human Excreta. Manual scavengers are generally from caste groups habitually downgraded to the bottom of the caste hierarchy. Always been restricted to livelihood viewed as disgraceful or deemed too insignificant by higher caste groups. Their caste-based occupation underpins the societal disgrace that they are unclean or “untouchable” and disseminates widespread discrimination. Women are typically dry toilets clean, men clean excrement from open dumping areas, rinses, sewers and drains. The job in the field of washing sewers, sewage sludge and septic tanks is physically challenging.
Status of Sanitation Workers under the provisions of Indian Constitution:
Art. 14 – Right to Equality
This Constitutional Provision ensures equality among citizens. It means that all persons will be treated with equality among equals and there will be no discrimination based on lower or higher class/ “caste”.
Under the nose this most powerful art. One can see the alarming condition of Sanitation workers. They dive down drains and sewers at the risk of their lives just because they belong to a particular caste, meant to be lower caste according to Hindu Caste Hierarchy. Even if somebody who wants to stand against discrimination done by the society, they are threatened to be ousted by the community/ society they belong to. India has failed when it comes to Caste Discrimination. Distribution of sanitation work is purely based on caste[ii]. It violates this article.
Art. 16 (2)- Prohibits discrimination on the basis of “Caste” in the matters of opportunity/ in public employment.
Municipalities generally appoint daily wage workers or contractual workers. Leaving no benefit to the Sanitation Workers. Sanitation workers are not even given the opportunity to work in some other field, once they leave the Sanitation work, they are faced with social stigma. Sometimes workers are threatened to be outcasted, threatened about their lives. The society needs to change and the state has to develop an environment where one could where to work. Otherwise these provisions will remain there for name sake.
Art. 17 – Abolition of Untouchability
Protection of Civil Rights Act, 1955 managed to reduce the practice of Untouchability on the face, but even today there remains a slight shadow of it which seems invisible, because the workers themselves are invisible part of the society. The kind of work the sanitation workers do, they are faced with societal evils like “Untouchability”. Their families are looked down as if they are burden on the entire Human Existence. Children of these workers also face the same kind of attitude in the society as their Parents face. They are the ones who clean everything and make things work, be it sewage pipe or drainage tanks, without their existence the system of “life” will not work smoothly, e.g.- they are the ones who clean up the drains when the entire rainwater is on the road instead of drains. The risk of losing life is always there when they enter the manholes and yet we treat them as “Invisible” part of the society. This is more than Untouchability; this is inhuman practice of employing somebody to clean the shit you littered and then treating them as untouchables. They also have to face risk of dangerous disease, and generations suffer because of the kind of work they do, be it societal stigma or diseases.
Art. 19 (1) (g) Right to practice any profession, or to carry on any occupation, trade or business.
There is a clear violation of this Provision when it comes to Sanitation workers. There are few Testimonies we should look into taken from Human Rights Watch Report of August 2014:
“I studied commerce and banking, but I couldn’t find work. Even though I am educated, the village council hired me to clean toilets because I am from this community.”
— Kailash PokerjiKundare, Jalgaon district, Maharashtra, March 2014
“We went to the panchayat [local council] members and said, please give us some work. The work they gave, my work, was to clean the gutter, clean excrement from roads, clean the toilets, clean the village, and remove garbage. It is our caste. They will not give us any better work to do. Nothing that would give us dignity.”
— Gopal HarilalBohit, Jalgaon district, Maharashtra, March 2014[iii]
Art. 21 – Right to Life and Personal Liberty
The Umbrella Provision of Indian Constitution, which guarantees right to life in a broader sense. Every person deserves a dignified life, a life where he has the opportunity to grow as a better human being, where he has the facilities to develop himself with respect to skills and standard of living. The Sludge cleaners ask the same question, do they deserve “Right to Life”? The answer cannot be negative, but are they living their right; a dignified life? A life without dignity is no life.
Every year Hundreds of cleaning workers die, which 88 died in the past three years, according to Ministry of Social Justice and Empowerment. [iv]Hundreds of them also suffer from dangerous diseases caused due to cleaning work. What a life is being given to them in manholes and gutters?
Art. 23 – Prohibition of Traffic in Human Beings and Forced Labor
Weaker section of the society is mostly forced to live against their will, in remote areas of UP and other states, Dry Latrines are still prevalent and to clean them the Panchyat itself or the Powerful people of the village force them to clean their Latrines and gutters. In Urban areas also if not physically, many workers are financially pushed into Sewage Cleaning, Manhole cleaning and every degrading work where one has to use his bare hands to clean other’s excreta and waste.
Art. 42 – Provision for Just and Humane Conditions of Work and Maternity Relief.
A man standing in 5 ft Sludge is working in Humane Condition, Right? Art. 42 is a positive obligation on the state, under “Directive Principle of State Policy”. State has to ensure every person is working under Humane Condition. The deplorable condition of Sanitation Worker in our country is not hidden though it seems invisible to everyone. The workers don’t even have proper gear, equipment or Vaccination before getting into work. A man in neck deep drain, without clothes, without gloves needs state’s attention, where will this society go if we treat Workers with inhumane attitude, it’s a failure of this Constitution.
Art 46 - Promotion of educational and economic interests of weaker sections (including SC/ST)
If the state takes the task of promoting Educational and economic interest of Weaker Section of the society India could grow towards a sustainable world, as we will be building and protecting our human Resources- referred as Labor Force today.
Art 47 – State is obligated to protect and promote the level of nutrition, standard of living and public health.
State’s primary duty includes increasing the standard of living of its people. Several Sanitation live in the where they have to collect and transfer the waste, e.g. Biomedical Waste sites, Landfills, near drains. Ever visited any waste site? Any Landfill? Or Dumping zone? One can’t stand for a minute because of highly stinky smell and some rag pickers live there 365 days! Those ragpickers are a part of Waste management system, ignorable part, invisible part. What about their standard of living?
The Protection of Civil Rights Act, 1955
Under the amended Act, the custom of untouchability was deemed a cognizable and non-compoundable crime, and the perpetrators faced harsher punishment.
The Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989
The Act, which was amended on 1 January 2016 by the Central Government, making it a punishable offense to hire, authorize or make any person belonging to the SC / ST community to do manual scavenging. The contravention of the above clause attracts imprisonment for no less than six months and can exceed five years and fine.
Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition) Act, 1993
EMSCDL Act of 1993 provides for the prohibition of the use of manual scavengers as well as the construction or continuation of dry latrines and for the control of the construction and maintenance of sealed water latrines and related matters. It was superseded by the 2013 PEMSR Act.
Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013
- Descriptions of manual scavengers and insane latrines expanded to include not only dry latrines but also other insane latrines.
- Offenses under the Act are identifiable and non-refundable, and are subject to substantial penalties.
- Subdivision, District, State and Central Govt to have Vigilance / Surveillance Committee.
- The National Commission for SafaiKaramcharis (NCSK) will track, inter alia, the enforcement of the Act and investigate complaints concerning violation of the provisions of the Act.
- Eradicate- Open defection by constructing community toilets/ latrines within 3 years of the commencement of this act.
National Commission for SafaiKaramcharis Act, 1993
A welfare legislation, enacted to form “National Commission for SafaiKaramchari”. The commission is empowered to research, evaluate and track the schemes for Sanitation workers (SafaiKaramcharis). It is an autonomous body, responsible for tracking implementation of the above-mentioned schemes as well. It is enacted to benefit the sanitation workers involved in cleaning and plumbing work across the country.
The Scavengers’ Living Condition Enquiry Committee 1949 (chaired by V.N Barve)
The Committee was formed to study and investigate the living condition of the manual scavengers in the lively city of Bombay, the committee was headed by Mr. V N Barve. The Committee also tried to analyse the minimum required wages for the scavengers, the committee later submitted its report in 1952 to the state Government.
Kaka kalekar commission-1953
Nominated first backward class commission under Kaka Kalekar’s chairmanship in 1953. In 1955, the committee tabled its report. In its report, the Committee identified the status of manual scavengers as sub-humans and highlighted the obsolete night-time soil removal and sanitation strategies that included manual removal of human waste by scavenging groups. The committee even kicked the local companies out because they were the biggest sinners.
Central Harijan welfare board (CHWB)-1956
Was established in 1956 under the chairmanship of Pandit Govind Ballabh Pant, by the Ministry of Home Affairs. The board reviewed the working and living conditions of sweepers and scavengers in India, and proposed the introduction of publicly funded manual scavengers’ schemes.
The Scavenging Condition Inquiry Committee 1957 (chaired by N.R Malkani)
The above-mentioned had a meeting on 12th Oct, 1957, wherein they decided to set up a high-level committee, chaired by Prof. N R Manlkani to conduct in-depth analysis of the danger of scavenging. The committee observed the major reason of existence of Manual Scavenging in India is the presence of dry latrines. The committee submitted its report in 1960.
Committee on Customary Rights-1965
Then in 1965, Prof. N. R. Malkani was made the chairperson of a committee formed to investigate the abolishment of customary rights of the manual scavengers. The committee was formed by the Central Department of Social Welfare. The committee that submitted its report in 1966 found that where scavenging is not municipalized the latrines is privately cleaned, and by an understanding and agreement one particular scavenger acquired hereditary right to clean such latrine as against another scavenger. A customary arrangement also forms with the householder, and rewards are obtained by the scavenger in some way or another.
Pandya Committee-1968
In 1968-69, under the chairmanship of Bhanu Prasad Pandya, it was named as a sub-committee by the National Labor Commission to study the working conditions of sweepers and scavengers. Yet the federal or state governments refused to pay any heed. However, it proposed the implementation of a central law to govern the working practices, the living standards of the sweeper and scavenger societies and also proposed the establishment of an appropriate and effective compliance mechanism.
Self-employment scheme for rehabilitation of manual scavenging (SRMS)
In November 2013, the SRMS was also updated with the following significant changes, in accordance with the MS Act, 2013:
- Manual scavenger description as per MS Act, 2013.
- Provision of Rs. 40,000/-, for one-time cash assistance.
- Improving the overall project cost from current Rs. 5 lakhs to Rs. 10 lakhs, and Rs. 15 lakhs in the case of projects related to sanitation.
- Improvement of capital subsidy from current limit Rs. 20,000 to limit Rs. 3.25 lakh, based on cost of the project.
- Revision of the monthly stipend rate from the existing Rs. 1,000 to Rs. 3,000 during training, and the training period from 1 to 2 years.
The Ministry of Social Justice and Empowerment is responsible for manual scavengers’ rehabilitation and is introducing the ‘Self Employment System for Manual Scavengers’ Rehabilitation (SRMS). The Ministry of Social Justice and Empowerment has associated reputed NGOs such as SafaiKaramchariAndolan, Rashtriya Garima Abhiyan, Sulabh International, and others to recognize and rehabilitate manual scavengers.
National scheme of liberation and rehabilitation of scavengers and their dependents (NSLRSD)
Central Government launched NSLSRD in 1989, to free the manual scavengers from the inhuman work and employ them in some alternate work. In 2003 CAG, came up with its report suggesting that the program failed to achieve its goals. There was total investment of Rs. 600 Crores, which turned futile, as there was no evidence to show that those who were released are rehabilitated or not. The report also suggested that there was lack of connection between “Liberation” and “Rehabilitation”.
Nirmal Bharat Abhiyaan (2009-14) & Swachh Bharat Abhiyaan (2014- 19)
In 1999, the Total Sanitation Campaign (TSC) was conceived, which in 2012 was renamed Nirmal Bharat Abhiyan to ensure 100% sanitation in rural and urban areas by 2017. In 2014 the NBA was replaced with SBA. SBA was formulated with the following aims:
- Eradicating open defecation.
- Eradication of Scavenging by Manual.
- Municipal Solid Waste Disposal is new and analytical.
- For safe sanitation activities to effect behavioral improvement.
Swachh Bharat Abhiyan and its impact on Manual Scavenging
It is 6 years of Launch of Swachh Bharat Abhiyan, the plight of Manual Scavengers has worsened, now they have more toilets to clean, more tanks and sewer pipes to look into. The campaign stresses on constructing compost and bio-toilets but many chose to build septic tanks only. Septic tanks lead to groundwater pollution, and demand Manual Scavengers to clean, empty it when it requires transfer.
Swachh Bharat Abhiyan is the largest cleanliness drive across the country started on 2nd October 2014, reaching to remote villages and cities. It has addressed the issue of lack of Toilets but the problem of Faecal Sludge Management, Manual Scavenging remains unheard.
Introduction and use of modern technology are more important with strict implementation of Legislations. As many as 1790 people died after the enforcement of The Prohibition of Employment as Manual Scavengers and Their Rehabilitation Act, 2013 in the Country while cleaning septic tanks, drains and sewers. Several Sanitation workers protested against these deaths by their campaign “Stop Killing Us”.
Indian Railways is known to be the largest employer of Manual Scavengers to clean its tracks and railway stations. Though in the 2017 Railway Budget, Mr. Suresh Prabhu, MP, claimed to introduce bio-toilets in the operational trains by 2021 and help in eradicating the heinous bolt.
Besides these issues, the rehabilitation manual scavenger budget for 2017-18 was reduced from ₹448 crores to a meager to ₹5 crores.[v] Why so? Rehabilitation is the most important task, where will the worker go even if once, he decides not to dig toilet tanks? The state needs to develop skills into him, provide him the opportunity to grow.
SBM (Swachh Bharat Mission) can only be made successful, if “manual scavenging” is completely eradicated and modern technology latrines are installed. An alternate means of living has to be provided to those taken out from the inhuman work, are then tried to rehabilitated through various skill-based programs (like PM Kaushal Vikas Yojna). The rehabilitation needs to be planned so that there is no looking back.
In 2013 it established the national finance and development corporation of KaramcharisSafaiKaramcharis, which dispenses ₹40,000 for former manual scavengers. In monthly installments of ₹7000, which starts “if established and its documents reach us,” the quantity can be demanded.
The 2017 “Self-Employment Scheme for manual scavenger’s’ rehabilitation” listed 118,474 manual rehabilitation scavenger and their families in 18 countries. In addition, 78,474 beneficiaries have been found worthy and given shelter loans and livelihoods.
Not only toilets but sewage pipelines, drainage system which connects the whole city/ state needs to be developed to get rid of cleaning the shit with bare hands. This is not only a Cleanliness issue but also a mindset issue. Every policy maker needs to think, where will the burden go? Who is going to suffer and sacrifice? Every person needs to be aware of his actions and stop littering because this will reduce the burden of Sanitation workers.
Impact of Involvement of NGOs
Besides Govt. entities, the Social service Organizations also play an important role to eradicate the Faecal bolt. Following few NGOs will be looked at to understand their role and importance:
- SafaiKarmachariAndolan
- Rashtriya Garima Abhiyan by Jan Sahas Social Development Society
Sulabh International
Without mentioning the work of Dr.Bindeshwar Pathak, the change in the system of Faecal Sludge Management, Modernization of Toilets, Plight of Manual Scavenging cannot be said to be complete. Dr.Bindeshwar Pathak understood the poor condition of the Manual Scavengers when they themselves were not standing against the custom and Caste system. The scavengers were accustomed to the denial of mainstream facilities of Education, Employment, and Health Facilities. Dr. Pathak made the workers realize they also deserve a dignified life.
He started revolutionizing in 1968 way before the first Act on Prohibition of Manual Scavenging came into effect. In 1970 Sulabh International was officially established to fight against the inhuman practice of cleaning Faecal Sludge with bare hands. He introduced Sustainable Technologies like two-pit pour flush toilet to replace the dry Latrines.
This Non-Profit Organization has been so impactful that it has received the General Consultative Status with the ECOSOC- Economic and Social Council of the United Nations. They changed the lives of many workers by not only stopping them from doing an inhuman task but also providing with the opportunity to Learn and rehabilitate themselves.
Safai Karmachari Andolan
A name heard in every protest, litigation, Awareness programs on TV and newspapers. Mr. Bezwada Wilson, the Convenor of this Org. has freed thousands of people since 1993. As he himself has confronted discrimination because of his caste and was forced to take up sanitation work, he better understood the pain. The Org. started to collect data about Dry Latrines, Sanitation workers, and organized several Yatra while making free the worker of the degrading livelihood. SafaiKarmachariAndolan submitted a PIL to the Supreme Court in 2003 – requesting it to guarantee the obliteration of dry latrines and to accept that manual scavenging encroach on the Fundamental rights of people doing such work. In 2014 the final judgment was handed down by the supreme court.
Mr. Bezwada Wilson also appeared in “Satyamev Jayatey” to aware public at large about existence of insensitive practice of manual scavenging and how the Act of 1993 is a bolt in the name if eradication of Manual Scavenging.
Rashtriya Garima Abhiyan by Jan Sahas Social Development Society
A National Campaign for Dignity launched by Jan Sahas, under the guidance of Mr. Ashif Shaikh in 2001. This Campaign has tried to collect data on the deaths of Sanitation workers and published a report named “Justice Denied: Death of workers engaged in manual scavenging while cleaning the Septic tank or Sewer” [vi] in the Year 2018. The primary aim of the study was to understand the evolution of the socio-economic status of the families after the death of the deceased on the implementation of “The Prohibition of Employment as Manual Scavengers and Their Rehabilitation Act, 2013” and to examine the legal course of action taken in the incidents in which FIR was reported. This took place from March till July 2018. The survey also aimed at determining the execution of the Self-employment scheme for Rehabilitation of Manual Scavengers (SRMS) and Pre-Matric Scholarship for the children whose parents are involved in an occupation involving cleaning and health hazard.
Out of total families of the deceased interview (under the above survey)
- 94% are from SC
- 4% are from Other Backward Classes and
- 2% from ST
Conclusion and Suggestion
If we talk about Manual Scavenging and deaths due to manually cleaning the drains, pits, and sewage, various legislative measures have taken up, various NGOs have voiced against the inhuman practice and judiciary has noticed and recognized its widespread existence and impact. With collaborative efforts from the government and non-governmental organizations, there is a slight decline in the practice of “manual scavenging”, though more alternate livelihood means need to be brought up for the rehabilitation of the former manual scavengers. Manual Scavenging is a bolt-on the Constitution: in 2013, Govt. of India came up with Manual Scavenging Act superseding the old 1993 law. But the problem continues even after enacting the new legislation. In 2019, 5 people died in Delhi during cleaning Manholes standing in deep shit up to the neck. Why the Constitution be not dragged? It gives Right to life under Article 21, a life to stand in deep shit up to the neck, a life to breathe poisonous gases and die strangulating in manholes. Org. like Sulabh International, Jan Sahaas, Safai Karamchari Andolan have played a role of life saviour for all those stuck in heinous cycle of Scavenging. But this doesn’t suffice the deaths of hundreds of people unnotified, noticed due to cleaning sewers and drainage without safety gears. There is lack of Implementation of Laws in this area. Govt. needs to work in strict Implementation of Prohibition of Manual Scavenging Act 2013 keeping in mind the right under Article 21 of Indian Constitution.
REFERENCES:
[i]https://indiankanoon.org/doc/182520259/
[ii]https://www.undp.org/content/dam/india/docs/pub-povertyreduction/Social-inclusion-of-Manual-Scavengers.pdf
[iii]https://www.hrw.org/sites/default/files/reports/india0814_ForUpload_0.pdf
[iv]https://www.thehindu.com/news/national/88-manual-scavenging-deaths-in-3-years/article28336989.ece
[v]https://thebastion.co.in/ideas/can-the-swachh-bharat-abhiyan-pull-manual-scavengers-out-of-the-gutters/
[vi]https://garimaabhiyan.org/wp-content/uploads/2011/12/Justice-Denied-Death-of-workers-engaged-in-manual-scavenging-while-cleaning-the-Septic-tank-or-Sewer-Rashtriya-Garima-Abhiyan-Jan-Sahas.pdf
