Combatting Manual Scavenging In India: Steps Towards Dignity and Equality

Context:

• This article is based on an Editorial “SC directs Centre, states to ensure eradication of manual sewer cleaning in phases” which was published in The Economic Times. In a recent judgment, the Supreme Court(SC) gave directions to the Centre and states to take measures to eradicate manual sewer cleaning and improve the conditions of manual scavengers.

Upholding Dignity for Manual Scavengers: Reforms for Safe Sanitation Labor

• Compensation: The court directed the governments to pay Rs 30 lakh as compensation for sewer deaths. 
• Accountability: The court asked the Centre to establish an effective mechanism to enforce accountability in cases of sewer deaths during contracted and sewer-cleaning work that does not require individuals to enter sewers. 
• Standardized contract: The government should create a standardized contract to be used for contracts awarded by its agencies and corporations.
• Plan for National survey:  The National Commission for Safai Karamchari (NCSK), National Commission for Scheduled Castes (NCSC), National Commission for Scheduled Tribes (NCST), and the secretary of the Union Ministry of Social Justice and Empowerment should develop a plan for conducting a national survey within three months.

• Education and training: Suitable methods should be created to educate and train the committees involved. 
  • The Union, states, and Union territories are mandated to establish scholarships to ensure that the dependents of sewer victims receive a meaningful education.
• Role of NALSA: The SC directed the National Legal Services Authority (NALSA)  to play a role in coordinating with state and district legal services committees for survey planning and execution and creating models for efficient compensation disbursement.
• Specialized portal: The SC called for creating a portal and dashboard including data on sewer deaths and victims, compensation status, rehabilitation measures, and existing policies. 

What is manual scavenging?

• Definition of manual scavenging: The Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition) Act, 1993 defines ‘manual scavenger’ as “a person engaged in or employed for manually carrying human excreta”. 
• The Act recognizes manual scavenging as a “dehumanizing practice,” and cites a need to “correct the historical injustice and indignity suffered by the manual scavengers.”

The distinction between Manual Scavengers and Safai Karamcharis:

• Safai Karamcharis normally includes persons engaged as ‘Sweepers’ or ‘sanitation/cleaning workers’ in municipalities, government and private offices. 
• Manual Scavengers: These are usually self-employed or contract employees hired to scavenge individual or community dry latrines and open drains where night soil is disposed of.

Perpetuating Manual Scavenging: Why is it still prevalent in India?

• Deep-rooted caste hierarchy: The manual scavenging in India is enforced upon the Dalit community who live segregated from the mainstream.
• Lack of adequate compensation: Only 31% of identified manual scavengers benefited from government schemes, and only 2% participated in the training.
  • As per PEMSRA, identified they should receive one-time cash assistance (OTCA) of Rs 40,000 for skill development training for two years with a monthly stipend of Rs 3,000.
•  Lack of technology and investment in appropriate infrastructure: No steps have been taken to transform dry latrines into sanitary latrines.
  • Due to the existence of dry latrines which machines cannot clean, the task is done manually. 
• Negligence of government: The PEMSRA requires local authorities to conduct surveys. However, due to the apathetic attitudes of these authorities, there is no record at the grassroots level.
  • This has made it difficult for manual scavengers to be officially recognized.
  • There is a reluctance to identify manual scavengers as it would place a greater responsibility on the State for rehabilitation. 
• Social and economic challenges: Manual Scavengers face the dual challenges  of “liberation” from inhuman work/ Practice and “rehabilitation”.
  • Due to a lack of appropriate retraining and skill development, these workers are unable to transition to other employment and remain stuck in the vicious cycle of manu

Towards Empowerment: Government Initiatives for Sanitation Workers in India

• National Safai Karamcharis Finance and Development Corporation (NSKFDC): It is Apex Institution for all round socio-economic upliftment of the Safai Karamcharis and their dependents throughout India.
• Self Employment Scheme for Rehabilitation of Manual Scavengers: It provides assistance to the identified manual scavengers and their dependents for their rehabilitation in alternative occupations.
• National Action for Mechanised Sanitation Ecosystem (NAMASTE) Scheme:  It promotes mechanization, training, and protection gear besides health insurance.
• SafaiMitra Suraksha Challenge (SSC):  It aims to encourage cities to mechanize their sewer and septic tank cleaning operations to prevent deaths and fatalities of sanitation workers.

Way Forward: A Holistic Approach to Eradicating Manual Scavenging in India

• Mechanical Sewer Cleaning: Robots provide a safe and efficient alternative to manual scavenging.
  • Ex- Bandicoot is a robotic machine engineered to clean sewer manholes.
• Stricter Punishments: Rehabilitation and legal prosecution of those who employ people to clear feces is key. 
  • Those violating the PEMSRA should be given a two-year sentence of imprisonment, a fine of Rs 1 lakh, or both.
• Construction of eco-friendly toilets:  Models like Namma Toilets of Tamil Nadu Municipal Corporation, should be promoted through information sharing and assistance under SBM. 
  • By focusing on universal design and efficient water technology, these models provide the option of scalability as well. Thus allowing easy adoption in rural and urban areas.
• Implement recommendations of NHRC: The National Human Rights Commission (NHRC) has made a series of recommendations to the Centre to eradicate manual scavenging:
  • Bringing a new Act on “hazardous cleaning” and taking strict action against local authorities who employ people as manual scavengers.
  • Accountability must be fixed for wrong reporting by the concerned authorities about the number of manual scavengers.
  • Broadening the definition of manual scavenging to cover other types of hazardous cleaning or enacting a new law for it.
  • Setting up a penal in law to prevent the discrimination and harassment faced by the children of manual scavengers and women manual scavengers.
  • Linking manual scavengers to schemes under which they can immediately start earning like MNREGA (Mahatma Gandhi National Rural Employment Guarantee Act).
  • Centre to provide Rs10 lakh loan to manual scavengers’ family members so that they can start some business activity.

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