Authored By: Aradhya pal
University of Lucknow
This article is about manual scavenging which contains the meaning and problems, laws to resolve problems and acts and other reforms which done by government of India. Manual scavenging involves manually cleaning, disposing or handling human excreta from dry latrines, drains, and other sanitation systems. This article contains different laws and provisions of Indian constitution like right to equality, right to live with dignity is also implicit in the fundamental rights guaranteed in part third of the Constitution as well as the article reflects the gaps between law and reality and inhuman practice of manual scavenging, arising from the continuing existence of insanitary latrines and a highly iniquitous caste system still persists in various parts of the country.
Key words – Inhuman Practice, fundamental rights, Manual Scavenging
INTRODUCTION
Manual Scavenging work is regarding dehumanizing practice and manual scavenger means a person engaged or employed in the work for manually cleaning, carrying, disposing of, or otherwise handling in any manner, human excreta in an insanitary latrines or cleaning of septic tanks and severs in an open drain or pit into which the human excreta from the insanitary latrines.
As per section 2(g) of “The Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013” a Manual scavenger means a person engaged or employed by an individual or a local authority or an agency or a contractor for manually cleaning, carrying, disposing off, or otherwise handling in any manner human excreta in an insanitary latrines or in an open drain or pit into which human excreta from the insanitary latrine is disposed of or on a railway track or in such other spaces or premises the Central Government or 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.[1]
Generally, this work done by the lower class or caste of the society which known as Dalit, so the law interferes here due to some social, legal as well as political issues. This work has gender division also. The Men involved in this work as cleaning septic tanks, severs and women involves as carrying the waste to disposable place, sometimes it may have few distance from tanks or severs.
The women involved are referred to differently as dabbu-wali in Bengal, balti-wali in Kanpur, tina-wali in Bihar, tokari-wali in Punjab and Haryana, thottikar in Andhra Pradesh and Karnataka, paaki or Peeti in Odisha, Vaatal in Kashmir. These names directly refer to the tools (dabbu, balti, tokari) used by women to carry waste or a dustbin ( thottikar) or excreta ( paaki, Peeti).[2]
It involves physically touching and gear, the process of anaerobic decomposition of human excreta, primarily Methane and Carbon dioxide are released, and also gather other gases like Hydrogen, Hydrogen Sulfide, and water vapor. All harmful gasses impact indirectly in health. Oxygen in a confined space leads to a shortage of oxygen and difficult breathing. This can result in symptoms like several lung disease, dizziness, headache, confusion, and even loss of consciousness, air pollution, and the spread of infectious diseases.
Manual cleaning of railway lines of excreta dropped from toilets of trains is another form of manual scavenging in India however The Railway Act, 1989, does not explicitly detail the specific provisions related to manual cleaning on Indians Railways, but does outline penalties for offenses related to cleanliness and hygiene.
In India, manual scavenging is not considered a practice or work only because of the nature of the work, is appearing disrespecting. As the preamble to the constitution ensures the citizens’ fraternity, assuring the dignity of the individual is enshrined as one of the goals[3] and the right to life with dignity is also the fundamental right of being human. As Indian society has the existence of the caste system, generally this practice promotes caste-based discrimination and injustice with the lower class and uneducated people, as they generally have no awareness about their own rights and all those remedies that are given by the legal and constitutional system of the country, and even if a few of them know about remedies still they practiced same practice although it may be possible that from their own family any people lost his life due to this hazardous work but due to their economic incapacity to enter into new employment they continuously practiced this inhuman practice.
Different organizations estimate that there are over 12 lakh manual scavengers undertaking the degrading human practice in country, the official statistics issued by the ministry of Social Justice and empowerment puts that the figure of identified manual scavengers at 6,76,009 of these, over 95% are Dalit’s (Persons belonging to Schedule caste), who are compelled to undertake this denigrating task under the grab of traditional occupation other mainstream castes and are thrown into a vortex.[4]
Manual Scavenging is not a career chosen voluntarily by workers, but instead a deeply unhealthy, unsavory, and undignified job forced upon these people because of the stigma attached to their caste. The nature of itself then reinforces that stigma- Navi Pillay[5]
Government actions and reforms regarding manual scavenging
To save the citizens of India from this inhuman practice India first banned manual scavenging in 1993 and in 2013, the prohibition of employment as manual scavenges and their rehabilitation act was passed, mandating the identification of persons engaged in manual scavenging. The government strictly prohibited this practice and allowed to manual scavenging at some places where only it can be done by human so it will do only that person who legally share his identity to the specific authority and all the safety kits will also provide by this authority to all employees.
Legislative enactments
The government enacted the employment of Manual Scavengers and construction of dry latrines (Prohibition) Act,1993 which provides for the prohibition of employment of manual scavenger as well as construction or continuance of dry latrines and matters connected therewith. This act notified in the Gazette on 5 June1993 has become applicable to Andhra Pradesh, Goa, Karnataka, Maharashtra, Tripura, West Bengal and the Union Territories with effect from 26 January 1997.
All state governments have been requested to frame the rules for enforcing the act. The assemblies of Orissa, Punjab, Assam, Haryana, Bihar, and Gujarat have also adopted the act. The act provides a penalty of imprisonment up to 1 year with or without fine, which may extend to Rs. 2000/- or both in case of failure or contravention of the act. Further, in case of repeated contraventions, a fine to the extent of Rs. 100/- per day for the entire period of contravention is also provided[6]
Initially, the Untouchability (Offence) Act, 1955, had been enacted to abolish the practice of untouchability and social disabilities arising out of it against members of the Schedule Castes. It was amended in 1977 and is now known as the Protection of Civil Rights Act of 1955. Under the revised act, the practice of untouchability was made both cognizable and non-compoundable offence, and stricter punishment was provided for the offenders[7]
The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 formed to check the atrocities on Schedule Caste and Schedule Tribes. The act inter alia, specifies some types of offences as atrocities, provides for imposition of stricter penalties for the guilty and setting up of special courts for speedy trials of such cashes. The main of the act is to prevent the commission of offences of atrocities against the members of Schedule Caste and Schedule Tribes, to provide for special courts for the trial of such offences and for the relief and rehabilitation of the victims of such offences and for matters connected therewith or incidental thereto[8]
Intervention by State Human Rights Commissions or Other Commissions/committee/ statutory bodies
National commission for Safai Karma Charis has been monitoring the various related schemes, the demolition of dry latrines and conversion of dry latrines and rehabilitation of manual scavengers. There are different reports published by National Human Rights Commission regarding the rights of Manual Scavengers and proper guidelines related to their rights and duties regarding new initiators written in NHRC (National Human Rights Commission) reports and published work (Books) as well[9]
Persistent failures and the judiciary’s relentless pursuit of justice
In many parts of India, manual scavengers are killed because of poor enforcement and inadequate training. In Gujarat, five workers were killed between the months of March and April 2023, despite the fact that mechanized equipment was available but was not being used. Contractors were still sending workers who were not trained into septic tanks and sewers without safety gear, and thus were exposing workers to the risk of death because of the deep failures in oversight and the lack of accountability of contractors.[10]
In the same way, the 12 deaths that occurred in May 2023 in Delhi and Uttar Pradesh are the result of a similar situation of neglect of the system. In Noida, two daily wage workers died from inhaling toxic fumes because they were cleaning a septic tank and had not received any training. These deaths prove that even in large urban centers, the safety of work is not taken seriously, and the provision of safety measures is always ignored.[i][11]
As of now, only 508 out of 766 districts have declared themselves free of manual scavenging, which means that the practice is still going on in many areas. As per The Hindu, often, equipment is given out without the necessary training, there are laws but no enforcement, and the rehabilitation schemes that are put into place do not guarantee the real transition of the livelihood. The PEMSR Act[12] and the Occupational Safety, Health and Working Conditions Code, 2020, are not being implemented properly due to bureaucratic indifference, poor contractor regulation, and ineffectiveness.[13]
Legal push to end the inhuman practice: Courts versus manual scavenging (2014-2025)
The Indian judiciary has been instrumental in safeguarding the rights and dignity of manual scavengers, frequently intervening to enforce or enhance legislative intent in the absence or ineffectiveness of executive action. The subsequent significant judicial cases exemplify the progressive judicial dialogue regarding manual scavenging and underscore the court’s endeavors to eliminate this inhumane activity through robust moral and legal imperatives.
In Safai Karmchari Aandolan v. Union of India, [14]by the Supreme Court marked a significant turning point in the fight against manual scavenging. The court acknowledged manual scavenging as a severe infringement of fundamental rights as delineated in articles 14, 17, 21, and 23 of the Constitution of India. It requires a payment of Rs 10 lakhs as compensation to the families of those who perished while cleaning sewers or septic tanks, irrespective of their job status (contractual or permanent). This case emphasized governmental accountability and mandated extensive rehabilitation for all recognized manual scavengers.
In another case of Balram Singh v. Union of India,[15] the Supreme Court issued a succession of progressive rulings targeting the complete elimination of manual scavenging. The court issued 14 detailed directives to the Union/State Governments, including the elevation of the compensation for sewer and septic tank-related deaths to Rs 30 lakhs, setting a compensation of Rs 20 lakhs for permanent disabilities, and at least Rs 10 lakhs for other kinds of disabilities, besides comprehensive rehabilitation of the victims and their families, including education, employment, and skill development. The court banned manual scavenging and the manual cleaning of sewers in six metropolitan cities, Delhi, Mumbai, Kolkata, Chennai, Bengaluru, and Hyderabad, and requested the Chief Executive Officers (CEOs) (Municipal corporation) of the cities. The judicial intervention here is the turning point in terms of the Court’s expectations regarding accountability and enforcement.
The Punjab and Haryana High Court initiated a Suo motu case, Court on its Motion v. Union of India[16], over a manual scavenging event at Panjab University. Punjab University guaranteed adherence to the Supreme Court’s directive in Dr. Balaram Singh’s case[17] and vowed that no similar incidents would recur.
The Karnataka High Court, in a Suo motu public interest litigation (PIL), Registrar General v. Union of India, articulated its distress at the persistent occurrence of manual scavenging and the “Zero conviction rate” inside the state. Chief justice Prasanna B. Varale and justice Krishna S. Dixit admonished State authorities for their negligence, questioning why all responsibilities fall on the courts. The court underscored the responsibilities of investigating officials, public prosecutors and adjudicating authorities in the pursuit of justice. It advocated for the resolution of caste- based discrimination through the appropriate application of Section 3(j), Scheduled castes and scheduled tribes (Prevention of Atrocities) Act, 1989. It condemned the State’s bureaucratic sluggishness, questioning the inability to disburse cash for the acquisition of mechanized equipment. The court additionally consolidated another case concerning school pupils compelled to clean toilets, thereby broadening the investigation into institutional negligence.[18]
Initiatives by the government
Self- Employment Scheme for Rehabilitation on Manual Scavengers
This scheme was the scheme whose main objective was to assist the Scavengers and their dependents for rehabilitation irrespective of their income, who are yet to aid under any scheme of the State or Central government. As scavenger is the person who is partially or wholly engaged in the obnoxious and inhuman occupation of manually removing night soil and filth. The dependent of scavengers is one who is a member of their family or is dependent on them, irrespective of the fact whether they are partially or wholly engaged in the said occupation. Each individual scavenger and his/her children who are 18 years of age and above, who are not employed (other than scavengers) will be identified and rehabilitated. The identified scavengers will be provided with training, a loan, and a subsidy. Credit will be provided by the banks, which will charge interest from the beneficiaries at the rates prescribed under the scheme.
Total Sanitation Campaign (TSC)
A total sanitation campaign is a comprehensive program to ensure sanitation facilities in rural areas with a broader goal to eradicate the practice of open defecation. TSC was initiated in 1999 when the Central Rural Sanitation Program was restructured, making it demand-driven and people-centered. The Total Sanitation Campaign places strong emphasis on Information, Education, and Communication (IEC), Capacity Building, and Hygiene Education for effective behavior change, involving Panchayati Raj Institutions (PRIs), Community-Based Organizations (CBOs), and Non-Governmental Organizations (NGOs), among others. The main goal of the Government of India was to eradicate the practice of open defecation by 2010[19]
Nirmal Gram Puraskar yojana
To add vigor to the TSC (Total sanitation campaign), in June 2003, the Government of India initiated an incentive scheme for fully sanitized and open defecation-free Gram Panchayats, blocks, and Districts called the “Nirmal Gram Purashkar”. The incentive pattern is based on population criteria. The incentive provision is for the Panchayati Raj Institutions (PRIs) as well as institutions and organizations that are the driving force for full sanitation coverage.
National Scheme of Liberation and Rehabilitation of Scavengers (NSLRS)
The national scheme of liberation and rehabilitation of Scavengers was launched by the government in March 1992 to provide alternate employment to the Scavengers and their dependents. Under NSLRS, the Scavengers and dependents are trained in the trades of their aptitude, which can provide them with alternate employment. During training, the trainees get a stipend of up to Rs. 500/- per month and a tool kit allowance up to Rs. 2000/- for rehabilitation there is a prescribed financial package for different trades by which financial assistance up to Rupees 50,000/- can be provided. 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 Centre for large-scale conversion of dry latrines through Sanitary Marts in which the loan component would be provided by the National Safai Karam Charis Finance and Development Corporation.
Pre-matric scholarship for the children of those engaged in unclear occupation
The objective of the scheme is to provide financial assistance to enable the children of dry latrines, tanners, flayers, and sweepers who have traditional links with scavenging to pursue pre- matric education. Under the scheme, the state or UTs are now providing 100% Central assistance over and above their respective committed liabilities to implement this scheme. The scheme covers over 6 lakhs students every year[20]
Integrated Low-Cost Sanitation Scheme (ILCS)
To eliminate the dehumanizing practice of physically carrying night soil, the Centrally Sponsored Scheme for Urban Low-Cost Sanitation was initiated in 1981 by the Ministry of Home Affairs and later implemented through the Ministry of Social Justice and Empowerment. The Scheme has been taken up on a whole town basis and is being operated through the total elimination of manual scavenging. The scheme has been taken up on a whole town basis and is being operated through the Housing and Urban Development Corporation (HUDCO). By providing a mic of subsidy from the Central government and a loan from the HUDCO in a synchronized manner[21]
Pay and Use Toilet scheme
Under the ‘Pay and Use Toilet Scheme’, Central assistance through HUDCO (Housing and Urban Development Corporation Limited) was available to Urban Local Bodies (ULBs) for the construction of toilets for footpath and slum dwellers who were unable to construct their own toilets. The period of the project was one year, and the subsidy was payable in four equal installments on submission of utilization certificates for each installment. The amount was not utilized as per the guidelines.
As a result, further assistance of more than seventy lakh rupees could not be released by HUDCO. This deprived the public and slum dwellers from availing the facility of toilets[22]
Target Group
The target groups of the corporation are Scavengers which means persons wholly or partially employed for manual handling of human excreta and their dependents and “Safai Karma Charis” which means persons engaged in or employed for any sanitation work and their dependents.
No income limit is fixed for financial assistance. However, other things being equal, the Corporation accords priority to the economic developments and rehabilitation of Scavengers and amongst Scavengers, those whose income is below double the poverty line and women from among the target group and Disabled persons among the target group.
Centrally Sponsored Scheme of Assistance to State Scheduled Castes Development Corporations (SCDCs)
The scheme for assistance to State Scheduled Castes Development Corporations was introduced in the year 1978-79 as a Centrally Sponsored Scheme in the States/UTs having sizeable Scheduled Castes population. At present, SCDCs are functioning in 26 states and UTs. They are playing an extremely useful role in mobilization of finances of economic development of Schedule Caste living below the poverty line. They have been acting as promoters and catalysis for generating credit from financial institutions, providing missing inputs by way of margin money loans and subsidy to the target groups[23]
Pattern of Scheme
The government of India and State government have been participating in the share capital of the state Schedule Castes Development Corporations in the ratio of 49:51. The cost norms of the projects/schemes have been left to the state governments and SCDCs. The central share of equity capital is sent directly to the state SCDCs. Wherever necessary, the Ministry may route the funds through the National Scheduled Castes Finance and Development Corporations (NSFDC).
CONCLUSION
Manual scavenging is not just a sanitation issue but a moral failure of society. Its complete eradication requires legal action, technology, social reform, and political will, every life lost in sewers is a stain on humanity ending this practice is not optional but urgent necessity.
In case named Lalit Kishore and M.P Gupta vs State of Bihar[24] the court is dealing with subject of untouchability. This is mentioned in article 17 of constitution. In this case the issue was whether the government of Bihar has effectively implemented measures to eradicate untouchability and manual scavenging in accordance with the constitutional mandate. It is startling that the state administration in Bihar except one Municipality of Muzaffarpur does not even know that there is the Employment of Manual Scavenging and Construction of dry Latrines (Prohibition) Act of 1993. It is for this reason that the court in this order dated 10 May 2001 had pointed out that every village in Bihar must see eradication of open latrines, and this should be a basic amenity in keeping with sanitation. It was one basic amenity among the five which had been suggested. The state of Bihar cannot pretend what the controller and Auditor general has mentioned on this very subject in Report no. 3 of 2003.
Although there were different initiative steps taken by the government, but it can be considered that there is much difference between the formation and strictness of any law or provision and the reality of its implementation in society so it can be said that there is a big gap or difference between law and reality. For example, The Employment of Manual Scavenging and Rehabilitation Act, 2013 banned manual scavenging but still over 58,000 manual scavengers (official estimate, likely underreported) still work in India and municipalities and private contractors continue to employ workers for hazardous sewer cleaning. Death in Sewer over 500 since 2018, per official data show enforcement failures. The 2013 Act promises rehabilitation, skill training, and alternative livelihoods (one-time cash assistance was 40,000) but most workers remain trapped in the same occupation due to caste discrimination, lack of skills and viable alternative and compensation often goes unpaid or is delayed.
It can be said that only initiatives from the side of government cannot make any change, but through education and legal rationality for their own fundamental rights and duties can help them to change their condition. Their upcoming generation can use education as a weapon to change their inherited inhuman practice, and they have also different rights to compel the government to help them in shifting their employment.
For manual scavengers, Gandhi Ji said that “I may not be born again but if it happened, I would like to be born into a family of scavengers, so that I may relieve them of inhuman, unhealthy and hateful practice of carrying night soil.
REFERENCE(S);
[1] The prohibition of Employment as Manual Scavengers and their Rehabilitation Act,2013, S 2(g) (India)
[2] Unseen: the truth about India’s manual scavengers, Bhasha Singh (Delhi Penguin book) 2014
[3] Constitution of India 1950, Preamble
[4] India, Ministry of Social Justice and Empowerment, Annual Report 2002-2003 (Government of India)
[5] Navi Pillay, Statement to the UN Security Council (UN High Commissioner for Human Rights, (12 February 2013)
[6] Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition) Act, 1993, (India)
[7] The Protection of Civil Rights Act, 1955, (India)
[8] The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989
[9] National Human Right Commission (India), Know Your Rights: Human Rights and Manual Scavenging (NHRC)
[10] Anilesh S Mahajan, ‘Five Deaths in a Month: How Manual Scavenging Continues to Take Lives in Gujarat’ (India Today Insight, 29 April 2023).
[11] T K Rajalakshmi, ‘Manual Scavenging: 12 Sanitation Worker Deaths in a Month in Delhi and Uttar Pradesh’ (Frontline (The Hindu), 5 February 2024).
[12] Prohibition of Employment as Manual Scavengers and their Rehabilitation Act 2013 (Act 25 of 2013).
[13]Vikas Vasudeva, ‘Only 508 of 766 Districts Declared Free of Manual Scavenging’ (The Hindu, 25 May 2023).
[14] Safai Karamchari Andolan v. Union of India (2014) 11 SCC 224
[15] Balram Singh v. Union of India, (2024) 11 SCC 601
[16] Court on its Motion v. Union of India, 2022 SCC Online P&H 4421
[17] Balram Sing v. Union of India, (2024) 11 SCC 601
[18]High Court of Karnataka Takes Suo Motu Cognizance of Practice of Manual Scavenging in State’ (The Hindu, 4 January 2024).
[19] https://megphed.gov.in/tsc.htm
[20] https://www.myscheme.gov.in/schemes/pmscteoicphh
[21] https://www.india.gov.in/integrated-low-cost-sanitation-scheme
[22] https://nskfdc.nic.in/en/content/home/pay-use-toilets
[23] https://socialjustice.gov.in/schemes/36
[24] Lalit Kishore and M.P Gupta vs State of Bihar (2003) 4 PLJR 12
