Answer

Manual scavenging, the practice of manually cleaning human excreta from dry latrines and sewers, was banned under the Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013. However, according to government data tabled in Parliament, 377 workers have died while cleaning sewers in the last five years, highlighting persistent gaps in enforcement.

Constitutional Mandates and Legal Prohibitions for Manual Scavenging in India

• Fundamental Rights Violations: Manual scavenging violates Article 21 (Right to Life) and Article 17 (abolition of untouchability), ensuring dignity and equality for all citizens.
  For example: In Safai Karamchari Andolan v. Union of India (2014), the Supreme Court directed states to prohibit manual scavenging and ensure rehabilitation of affected workers.
• Legal Prohibition Since 1993: The Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition) Act, 1993 was the first law banning manual scavenging and dry latrines.
  For example: The Act made it illegal for local authorities and individuals to construct insanitary latrines, yet thousands still exist, particularly in rural areas.
• Stronger Framework in 2013: The Prohibition of Employment as Manual Scavengers and Their Rehabilitation Act, 2013 criminalizes manual scavenging with imprisonment of up to five years.
  For example: Despite this law, sewer deaths continue, with no convictions even when workers die due to lack of safety equipment, as seen in Delhi’s 2024 sewer death case
• Supreme Court Directives: In Dr. Balram Singh v. Union of India (2024), the SC banned manual sewer cleaning in six major metropolitan cities and ordered states to file action reports.
  For example: The court directed authorities in Delhi, Mumbai, Chennai, and others to eliminate the practice, but enforcement remains inadequate.
• Compensation and Rehabilitation: The 2014 SC judgment mandated ₹10 lakh compensation for each sewer death, but many families receive no aid due to bureaucratic hurdles.

Reasons behind continued Practice of Manual Scavenging 

• Loopholes in the Law: The PEMSR Act allows cleaning with ‘protective gear’, but workers receive inadequate equipment, letting employers escape liability.
• Lack of Strict Enforcement: Despite 1013 deaths between 1993-2020, there were zero convictions, as cases are often registered as accidental deaths.
  For example: Only 465 FIRs were filed, and most were under Section 304A (death by negligence) instead of applying stricter provisions.
• Caste-Based Exploitation: The practice is deeply linked to caste oppression, forcing marginalized communities into these jobs due to social discrimination.
  For example: 92% of workers cleaning urban sewers, septic tanks are from SC, ST, OBC groups, according to government data tabled in Parliament
• Administrative Apathy: Many local authorities continue hiring workers informally for sewer cleaning, ignoring technological alternatives like mechanized cleaning.
• Poor Rehabilitation Efforts: Resettlement schemes for manual scavengers fail due to lack of skills training and alternative job opportunities.

Enforcing the Employment of Manual Scavengers and Their Rehabilitation Act, 2013

• Limited Awareness Among Workers: Many manual scavengers are unaware of their legal rights, leading to continued exploitation without resistance.
  For example: A 2021 survey in Rajasthan found that 70% of manual scavengers had no knowledge of rehabilitation programs under the Act.
• Bureaucratic Delays in Rehabilitation: Compensation and alternative employment schemes suffer from corruption and inefficiency, leaving families helpless.
• Technology Not Widely Adopted: Despite mechanized alternatives, municipal bodies continue hiring manual scavengers, citing lack of funds or trained personnel.
  

Way Ahead to Eradicate Manual Scavenging

• Strict Legal Enforcement: Ensure mandatory convictions under the PEMSR Act for employers engaging in manual scavenging, with fast-track courts for violations.
• Wider Use of Technology: Mandate mechanized sewer cleaning across all urban and rural areas, with penalties for non-compliance.
  For example: In Mumbai (2022), robotic sewer cleaners were introduced, significantly reducing manual intervention in hazardous conditions.
• Comprehensive Rehabilitation Programs: Offer skill training, financial support, and guaranteed alternative jobs, ensuring scavengers do not return to hazardous work.
• Community Awareness and Social Support: Conduct nationwide awareness campaigns to inform workers of their rights and encourage societal rejection of the practice.
  For example: The “Stop Killing Us” campaign (2021) by Dalit rights activists pressured state governments to take stronger action.
• Stronger Political Will and Accountability: Hold local bodies and contractors directly responsible, linking municipal funding to compliance with manual scavenging laws.

Eradicating manual scavenging requires more than legal mandates—it demands robust enforcement, social empowerment, and technological interventions. Strengthening accountability mechanisms, enhancing rehabilitation efforts, and fostering dignity through skill development can pave the way for an inclusive, caste-free future, ensuring justice aligns with constitutional ideals.

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