Recently, the Supreme Court vowed to go to “any extent possible” to ensure that manual scavenging and Hazardous manual cleaning of sewers and septic tanks are wiped out, saying the issue dealt with the question of human dignity.
- The Supreme Court was referring to its October 20, 2023 judgment in which it had issued directions to the Union and State governments to take measures to eradicate manual scavenging and hazardous.
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SC 20 October, Judgment 2023
- 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.
- Supreme Court Directions: In 2014 : SC order made it mandatory for the government to identify all those who died in sewage work since 1993 and provide Rs. 10 lakh each as compensation to their families.
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About Manual Scavenging
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.”
- Constitutional Safeguards
- Article 14: Equality before the law and equal protection of the laws.
- Article 17: Abolition of untouchability and prohibition of its practice in any form.
- Article 21: Protection of life and personal liberty.
- Article 23: Prohibition of traffic in human beings and forced labour.
- Legal Provisions: Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013, Main legislation that aims to prohibit and eliminate manual scavenging in India.
Salient Features of the PEMSR Act 2013
- Bans manual scavenging and widened the definition of manual scavengers → To include all forms of manual removal of human excreta like an open drain, pit latrine, septic tanks, manholes and removal of excreta on the railway tracks.
- Obligatory for employers to provide protective tools to the workers.
- Key focus on rehabilitating the manual scavengers → By providing them with ready-built houses, financial assistance and loans for taking up alternate occupation on a sustainable basis.
- Cognizable and non-bailable Offence
- Calls for a survey of manual scavenging
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Government Initiatives to Curb Manual Scavenging
- Self-Employment Scheme for Rehabilitation of Manual Scavengers (SRMS) → It was revised in 2013, with the:
- Provision of One Time Cash Assistance of Rs. 40,000/- to one identified manual scavenger in the family.
- Capital subsidy upto Rs. 3.25 lakh to identified manual scavengers and their dependents for self-employment projects upto Rs. 10.00 lakh.
- Skill Development Training up to two years to identify manual scavengers and their dependents with stipend of Rs. 3,000/- per month during the training period.
- NAMASTE scheme: National Action Plan for Mechanised Sanitation Ecosystem (NAMASTE) scheme was launched in 202223 for 100% mechanisation of sewer work by 2025-26
- SRMS has now been merged with the NAMASTE scheme.
- Launch of the Swachata mobile app in 2016 : To complain for possible signs of ongoing manual scavenging.
- Other Related Initiatives: Safaimitra Suraksha Challenge & Rashtriya Garima Abhiyan
National Commission for Safai Karamcharis (NCSK)
- The NCSK was constituted as a statutory body under the National Commission for Safai Karamcharis Act, 1993.
- Currently, it is working as a non-statutory body under the Ministry of Social Justice and Empowerment.
- The NCSK is responsible for giving recommendations to the government regarding specific programs for the welfare of Safai Karamcharis, studying and evaluating the existing welfare programs for Safai Karamcharis, investigating cases of specific grievances etc.
Additional Reading: Combatting Manual Scavenging In India: Steps Towards Dignity and Equality
December 12, 2024
