A Review of the Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013

Introduction

Manual scavenging entails the manual cleaning, handling or disposing of human excreta from open pits, drains, dry toilets or latrines built without a flush system. Across much of India, consistent with centuries-old feudal and caste-based customs, manual scavengers still collect human waste on a daily basis, load it into cane baskets or metal troughs, and carry it away on their heads for disposal at the outskirts of the settlement. Manual scavengers are usually from caste groups customarily relegated to the bottom of the caste hierarchy and confined to livelihood tasks deemed to be too menial by higher caste groups. Their caste-designated occupation reinforces the social stigma that they are unclean or untouchable and perpetuates widespread discrimination.

India’s central government since independence in 1947 has adopted legislative and policy efforts to end manual scavenging. However, because these policies are not properly implemented, the practice continues to be widespread across many regions in the country. According to the International Dalit Solidarity Network, around 1.2 million people, mostly women from the Dalit community are engaged in manual scavenging1. Considering the failure of earlier policies, in 2013, the Prohibition of Employment as Manual Scavengers and their Rehabilitation Act was enacted by amending the previous Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition) Act, 1993.The amendment resulted in inclusion of all those who worked without adequate physical safety protection and through direct human contact to manually clean human faecal waste2. It expanded the definition from the manual carrying of human excreta, to all sewerage and septage workers who may, without adequate protection and safety gear, come into direct physical contact with human faeces. This Act was believed to be a game changer. However, seven years since, its implementation continues to be lacking. This paper aims to review the practice of manual scavenging in India and highlight the key issues in implementation of the 2013 Act which have rendered it ineffective.

 A Brief History

In India the problem of untouchability can be traced back to around two thousand years based on a strictly defined division of labour. The origin of untouchability lies in the restrictions imposed on the lives of the depressed classes, which comprised the untouchables amongst other backward classes in various forms. The key reason for considering this group as untouchables originates mainly from their unclean professions such as scavenging. From the middle of the 19th century, efforts were made to improve the lives of these untouchables but no real progress was made until much later. In 1901, the then Census Commissioner, Sir Herbert Hope Risley classified the census data into seven key caste categories according to their social hierarchies3. “The scavenging castes which were known by different names in different states like Bhangi, Balmiki, Chuhra, Mehtar, Mazhabi, Lal Begi, Halalkhor, etc. in northern India; Har, Hadi, Hela, Dom and Sanei, etc. in eastern India; Mukhiyar,Thoti, Chachati, Pakay, Relli, etc. in Southern India ; and Mehtar, Bhangias, Halalkhor, Ghasi, Olgana, Zadmalli, Barvashia, Metariya, Jamphoda and Mela, etc. in Western and Central India, also made an effort to get united and have a common name.”4 Thereafter in 1927, Dr. B. R. Ambedkar, who was the foremost champion to take this cause of social reform, launched a movement against untouchability5. In the wake of this movement, on 16 August 1932, the British Prime Minister Mac Donald announced a communal award which resulted in granting of a separate electorate to the disadvantaged classes6.

At the time Gandhi was against this decision and believed that granting of separate electorate for the disadvantaged would result in vivisection amongst the people of India7. In the wake of Gandhi’s resistance Ambedkar brought forward a separate proposal of joint electorate and greater representation for the depressed classes. Following this Gandhi began to devote himself to the cause of the depressed classes whom he started calling ‘Harijans’ or the children of God. Gandhi declared that it was a sin to treat the Harijans as untouchables as they have every right to live like other human beings.Through the efforts of Gandhi and many others, wells and temples were opened to the untouchables. Moreover, gradually, the age-old restrictions on their entry into such places began to crumble.

After India’s Independence in 1947, the problems and conditions of the disadvantaged classes were considered by the framers of the Constitution by making special provisions to protect their interests. A wide range of minority rights were enshrined in the articles 14, 15, 16, 25, 26, 29, 341 and 342. Further, the articles 15(2), (4), (5), 16(3), (4), (4A), (4B), 17, 23 and 25(2)

(b) sought to remove social and economic disabilities of the deprived classes8. In addition to the fundamental rights, certain directive principles of state policy also made it obligatory on part of the State governments to ensure the welfare of the disadvantaged classes9.Article 38 of the Constitution required the state to promote the welfare of the people by securing a social order based on justice.

In 1953, a Backward Classes Commission was constituted under the chairmanship of Kaka Kalelkar to determine the criteria to be adopted in deciding the backward classes as well as to describe the condition of backward classes including sweepers and scavengers10. The Commission in its report emphasized the need to introduce mechanical and up-to-date methods of cleaning latrines in order to do away with the existing system of manual scavenging. This report was brought to the notice of the State governments by the Ministry of Home Affairs in October 1956. Following these recommendations, in 1956, a Central Advisory Board was further constituted under the chairmanship of GB Pant, the then Home Minister to review the working and living conditions of the sweepers and scavengers, which recommended a centrally-sponsored scheme for the purpose11.

Thereafter, in October 1957, under the chairmanship of Professor N. R. Malkani the Board constituted a committee known as the Scavenging Enquiry Committee to prepare a scheme to abolish the practice12. The committee also suggested some measures to be taken to improve the working and living conditions of the scavengers. Then in 1965, the Ministry of Labour constituted the National Commission on Labour under the chairmanship of Shri Bhanu Prasad Pandya, which again examined the working and service conditions of sweepers and scavengers13.The commission suggested that the Government of India should undertake a comprehensive legislation to regulating their working conditions.

In 1970, under the pioneering role of Dr Bindeshwar Pathak, a follower of Gandhian ideology, Sulabh International Social Service Organisation, a non-profit voluntary social organisation was formed with an aim to emancipate the scavengers14. Over the years the Sulabh Movement has become known for achieving success in the field of cost-effective sanitation and the liberation of scavengers15.

In 1986, the plight of the manual scavengers again came into focus when a vigorous campaign was started for the abolition of this practice16.The campaign gained momentum and culminated into an all India movement known as the Safai Karamchari Andolan (SKA). The movement achieved a significant milestone after the Supreme Court heard their petition and thereby decided to hold District Collectors of each districts accountable for any continuation of the practice17. Thereafter, in 1993 the Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition) Act 1993 was passed, which provided for the prohibition of employment of manual scavengers and construction or continuation of dry toilets18. All the State governments were asked to frame rules under the Act. Accordingly, from 26 January 1997, the Act became applicable in 6 states and the union territories19.

Recent Scenario

In spite of various recommendations and suggestions made by the committees to improve the working conditions of the sweepers and scavengers from time to time since independence, there has been very little progress. In 2009 a survey was undertaken by the Safai Karamchari Andolan and the report was presented to the Supreme Court20.The data showed that upon surveying 265 districts across 15 states, manual scavenging was found to be prevalent in 114 districts21. It was also highlighted that there were 7,630 such workers as well as 34,365 dry latrines in use22. Further, as per the 2011 Socio Economic and Caste Census, 1,82,505 households in India in rural areas were reported to be engaged in manual scavenging23. The data also noted the number of dry latrines at 795,252 where human waste was cleaned manually24.

The Census 2011 provided a more comprehensive data on latrines. The all-India figures suggested that there were still 794,390 dry latrines in the country where the human excreta was cleaned by humans at the time25. 73% of these were in the rural areas where as 27% were in the urban areas26. Apart from these there were 1,314,652 toilets where the human excreta was flushed in open drains and there were 497,236 toilets where the human excreta was serviced by animals27.

According to the Rashtriya Garima Abhiyan both of these require cleaning by conservancy workers. Thus, in total there were more than 26 lakhs dry latrines in the country where the practice of manual scavenging still continued at the time of the census28. Further, the data showed 14,703,818 million urban households in India (or 18.6 %) did not have latrine facility within the premises29. In addition to this a large number of dry latrines exist in the Indian railways which are serviced by manual scavengers. However, the data for this was not included in the Census statistics.

What we can conclude from this data is that even after two decades after the first law banning dry latrines and manual scavenging, there was little progress. Although households using such latrines formed only a tiny proportion of the urban households, nevertheless, they did represent a substantial number in absolute terms.This underscores the lack of will on the part of the state, institutions as well as society to eliminate the practice, which continues to exist in 21st century modern India.

State Intervention for the Protection of Manual Scavengers

 Constitutional Safeguards

Since manual scavengers belong to the backward section of society, they are entitled to general as well as some special rights under the Indian constitution. Some of the important constitutional provisions for their protection are as follows:

• Article 14: Equality before law (Right to Equality)
• Article 16(2): Equality of opportunity in matters of public employment
• Article 17: Abolition of Untouchability
• Article 21: Protection of life and personal liberty
• Article 23: Prohibition of traffic in human beings and forced labour
• Article 41: Right to work, to education and public assistance in certain circumstances
• Article 42: Just and humane conditions of work
• Article 46: Promotion of educational and economic interests of scheduled castes, scheduled tribes and other weaker sections
• Article 338: Constitution of a National Commission for Schedule Caste

 Legislative Provisions

Apart from these Constitutional provisions the parliament has also enacted certain laws for the protection and upliftment of the backward communities including manual scavengers.

• The Protection of Civil Rights Act, 1955:The Untouchability (Offences) Act was enacted in 1955 to abolish the practice of untouchability and the social disabilities arising out of it, against members of the scheduled caste30. It was amended in 1977 and is now known as the Protection of Civil Rights Act, Under the revised Act, the practice of untouchability was made both a cognizable and a non-compoundable offence with stricter punishments for the offenders. Under section 7(a) of the Act, anyone forcing another person to illegally to engage in bonded labor, manual scavenging or disposing animal carcasses shall be deemed to be committing a criminal offense and can be sentenced to 3 to 6 months of imprisonment or fined up to Rs. 50031.
• Bonded Labor System (abolition) Act, 1976: An Act to abolish the bonded labour
• The Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989: This Act came into force on January 31, The main objective of the Act is to prevent the commission of offences of atrocities against the members of the scheduled castes and the scheduled 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 related matters32. The Act was further strengthened in relation to manual scavengers through a recent amendment making it a punishable offence to employ, permit or make any person belonging to the SC/ST community work in manual scavenging33.The contravention of the said provision attracts an imprisonment for a term not less than six months and may exceed to five years including a fine.
• Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition) Act, 1993: This Act provides for the prohibition of employment of manual scavengers as well as construction or continuance of dry latrines and for the regulation of construction and maintenance of water sealed latrines and other related matters34. This Act has been replaced by the Prohibition of Employment as Manual Scavengers and their Rehabilitation (PEMSR) Act,2013

 Government Commissions

The Government of India has appointed some commissions to oversee rehabilitation and social inclusion of manual scavengers

• National Commission for Safai Karamcharis: The 1993 Act established the National Commission for Safai Karamcharis as an autonomous organization to study, evaluate and monitor the implementation of various schemes for safai karamcharis as well as for the grievance redressal of the manual scavengers35.This commission has also been recognized by the 2013 Section 31 of the PEMSR Act, 2013, bestows statutory responsibility on the Commission to monitor the implementation of the Act, as well as to enquire into the contraventions within the implementation of the PEMSR Act, 201336.
• National commission for schedule caste (NCSC): The commission is constituted with a mandate to safeguard the interest of schedule castes in Article 338 (5) of the constitution of India lays down certain duties of the NCSC37.

1. to investigate and monitor all matters relating to the safeguards provided for the scheduled castes and evaluate the working of such safeguards
2. to inquire into specific complaints with respect to the deprivation of rights and safeguards of the scheduled castes
3. to participate and advise on the planning process of socio-economic development of the scheduled castes and to evaluate the progress of their development
4. to make recommendations as to the measures that should be taken by the Union or any State for the effective implementation of those safeguards and other measures for the protection, welfare and socio-economic development of the scheduled castes
5. to discharge such other functions in relation to the protection, welfare and development and advancement of the scheduled castes
6. to make in such reports recommendations as to the measures that should be taken by the Union or any state for the implementation of those safeguards and other measures for the protection, welfare and socio-economic development of the scheduled castes

  Government Schemes

Some schemes initiated by the various governments for the welfare of scavenging communities are:

• Self-employment scheme for rehabilitation of manual scavenging (SRMS): In April 2007, the government initiated this scheme for the rehabilitation of manual scavengers. Central Government has revised the SRMS through the provisions of the 2013 Act38.The main features of the Scheme include a one-time cash assistance, training with stipend and concessional loans with subsidy for taking up alternative occupations39.
• National scheme of liberation and rehabilitation of scavengers and their dependents (NSLRSD): Initiated in 1989, the main objective of the NSLSRD was to liberate manual scavengers from their existing hereditary occupation and to provide for alternative dignified occupations. In 2003, a CAG report concluded that scheme failed to achieve its objective.The report further pointed that there was no evidence to suggest that those liberated were also rehabilitated40.
• Integrated low cost sanitation scheme: The Ministry of Urban Employment and Poverty Alleviation along with HUDCO have joined hands in taking up a programme for Integrated Low Cost Sanitation, for conversion of the dry latrine system into water borne low cost sanitation while liberating manual scavengers41.
• Nirmal Bharat Abhiyaan (NBA) (2009-14) and Swach Bharat Abhiyaan (SBA) (2014- 19): The Total Sanitation Campaign (TSC) was conceived in 1999 to ensure 100% sanitation in rural and urban areas by 2017. It was later renamed the Nirmal Bharat Abhiyan in 2012 and then replaced by the Swachh Bharat Abhiyan (SBA) in The SBA has been conceived with the following objectives42:

1. Elimination of open
2. Eradication of Manual
3. Modern and Scientific Municipal Solid Waste
4. To effect behavioural change regarding healthy sanitation

 Judicial Position

The Judiciary has always played an active role in strengthening the cause of socio-economic justice by translating several directive principles into enforceable rights for the weaker sections of society. A liberal interpretation of article 21 of the constitution has created numerous rights and has given a new direction to social welfare jurisprudence in India. With regard to manual scavenging, the courts have adopted a stern attitude towards the State authorities for failing to eliminate this practice.The following two cases highlight the position of the judiciary.

1. Safai Karamchari Andolan Union of India, 201443

In this case the Supreme Court acknowledged the menace of manual scavenging as an inhuman, degrading and undignified practice.The Court observed that the PEMSR Act, 2013 and the EMSCDL Act, 1993, neither dilute the constitutional mandate of article 10 nor does it condone inaction on part of union and state governments.The Court also held that the PEMSR Act, 2013 expressly acknowledges article 17 and 21 of the constitution as the rights of persons engaged in cleaning sewage and tanks as well as cleaning human excreta on railway tracks. Further, the Supreme Court laid down following propositions with regards to rehabilitation of manual scavengers:44

1. Sewer deaths – entering sewer lines without safety gears should be made a crime even in emergency situations. For each such death, compensation of Rs. 10 lakhs should be given to the family of the deceased.
2. Railways – should take time bound strategy to end manual scavenging on the tracks.
3. Persons released from manual scavenging should not have to cross hurdles to receive what is their legitimate due under the law.
4. Provide support for dignified livelihood to safai karamchari women in accordance with their choice of livelihood schemes.
5. Identify the families of all persons who have died in sewerage work (manholes, septic tanks) since 1993 and award compensation of Rs.10 lakhs for each such death to the family members depending on them.
6. Rehabilitation must be based on the principles of justice and transformation.

The Supreme Court stressed on the rehabilitation of manual scavengers in accordance with part IV of the PEMSR Act, 2013. It further directed the state governments and union territories to fully implement various provisions of PEMSR Act, 2013 and take appropriate action for non-implementation as well as violation of provisions contained in the Act.

2. Delhi Jal Board v. National Campaign for Dignity & Rights of Sewerage and Allied Workers, 201145

In this case the Supreme Court passed a judgment highlighting the plight of the scavengers and sewage workers who risk their lives by working without any safety equipment and have been deprived of their fundamental rights for the last six decades. The Court also criticised the government and the state apparatus on being insensitive to the safety and wellbeing of these people who are compelled to work under the most unfavourable conditions and regularly face the threat of death. In addition the Court not only ordered a higher compensation to the families of the deceased, but also directed the civic bodies to ensure immediate compliance of the orders passed by the Delhi High Court for ensuring the safety and security of the sewage workers.

The 2013 Act

The Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013 received assent of the President of India on 18 September 2013 . This Act replaced the existing Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition) Act, 1993 as it had been completely ineffectual47. The 2013 Act has a wider scope and goes beyond prohibitions on dry latrines, and outlaws all manual excrement cleaning of insanitary latrines, open drains, or pits. And, importantly, it recognizes a constitutional obligation to correct the historical injustice and indignity suffered by manual scavenging communities by providing alternate livelihoods and other assistance.

Salient Features

1. The Act prohibits manual scavenging and also discharges employees who are engaged in this practice on a contractual basis48.
2. It widens the definition of manual scavengers by including in it all forms of manual removal of human excreta like an open drain, pit latrine, septic tanks, manholes, and removal of excreta on the railway tracks49.
3. It lays key focus on rehabilitating the manual scavengers by providing them withready-built houses, financial assistance & loans for taking up alternate occupation on a sustainable basis, organizing training programs for the scavengers so that they can opt for some other profession at a stipend of Rs. 3000 and offering scholarships to their children under the relevant scheme of the government50.
4. The Act makes the offense of manual scavenging cognizable and non-bailable51.
5. It calls for a survey of manual scavenging in urban52and rural areas53.
6. It makes it obligatory for employers to provide protective tools to the workers to eliminate the need for manual handling of excreta54.
7. Under the Act, each local authority, cantonment board and railway authority is responsible for surveying insanitary latrines within its jurisdiction55. They shall also construct a number of sanitary community latrines56.
8. It provides for detailed vigilance mechanism at the district, state and the central level57.

Table 1: A Comparison between the EMSCDL Act, 1993 Act and the PEMSR Act, 2013 

Source: PRS Legislative Research, 2013

Key Issues

1. Loophole in the Act: Bans ‘hazardous cleaning’ of septic tanks and sewer pits, but only if workers are not provided ‘protective gear’ and ‘other cleaning devices’. However, does not define what the ‘protective gear’ is58. A worker may be provided only a safety belt but not the helmet, waterproof apron, or It defeats the purpose of safety from hazardous work.
2. Discrepancy in Data: The Act provides rehabilitation measures to a person identified as a manual scavenger as per Sec 12 of the For the purpose of identification state agencies are required to collect reliable data on the number of dry latrines and the number of people involved in manual scavenging. However, in many states surveys not conducted properly and there are huge discrepancies in data. As per the National Safai Karamchari Finance and Development Corporation’s Report (2016-2017) there are 26 lakh insanitary latrines in the country. 13.29 lakh are in urban areas and 12.71 lakh in rural areas59. Further, as of 31st March 2017, 12,742 manual scavengers have been identified in 13 states60. This figure is prima facie disproportional as it is inconceivable that 13,000 manual scavengers can excavate 26 lakh insanitary latrines. There is also mismatch between independent studies and the number of manual scavengers identified by State Governments.
3. Death of Manual Scavengers: In September 2019 in response to a petition the Supreme Court had remarked that sewers in India were like gas chambers where manual scavengers were sent to die61. The court had questioned the government’s failure to provide protective gear leading to a large number of deaths. Manual scavenging was banned 25 years ago with the passage of the Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition) Act, 1993, but every year, scores of manual scavengers die, asphyxiated by poisonous gases.According to official data, 820 sewer deaths have happened between 1993 and August 201962. However, experts and activists say that this number is grossly SKA recently collated data of 1,870 deaths and submitted it to the government.This is an increase by 400 deaths from just September 2018.The problem lies in the lack of planning and regulation in the construction and maintenance of sewage. In many cases, workers are also not provided with any safety equipment or gear such as masks or protective clothing, goggles, etc. This also results from the lack of clarity on the definition of protective gear.
4. Laxity in Punishment: Section 9 of the Act explicitly stipulates a punishment of up to two years’ imprisonment and fine of rupees two lakh for the first offence, and five years’ imprisonment and fine of rupees five lakh for subsequent These penalties are attracted the moment a worker is sent into a manhole or septic tank without protective equipment even if death is not caused as a result. Despite such stringent provisions, no FIR was filed under the provisions of this Act in 201463.Two cases under the law were reported from Karnataka in the NCRB report of 2015, where only one went for trial. Till March 2018 Karnataka had the highest FIRs at 55.Till date, not a single employee of DJB has been successfully prosecuted for any of the deaths occurring in Delhi’s sewers64.
5. Administrative Neglect: The eradication of manual scavenging requires compliance from all bodies of the However, several authorities are often found flouting the Act65.There is complete absence of planning for maintenance of sewerage, septic tanks, and waste disposal systems in the urban policies made for the city by the state and private companies.Ad-hocism prevails in official bodies where the work of maintaining sewers and drains are subcontracted to private contractors. There is no monitoring on the quality or conditions of work. This kind of acute contractualisation has also made fixing legal responsibility and identification of the guilty much more difficult.
6. Inadequacy of Swachh Bharat Mission: The policy push for toilet construction and under the Swachh Bharat Mission and Atal Mission for Rejuvenation and Urban Transformation has serious implications for those engaged in cleaning them66. The SBM is completely silent on manual According to the Urban Development Ministry, under SBM more than 50 lakh individual household toilets have been constructed. However, the problem is that while toilets are being constructed there are no ways of disposing off the waste67. Most parts of India, especially rural India, are not connected by the sewage system. Therefore most toilets that are built under SBM are single pit toilets which need to be cleaned manually.This is adding to the problem of manual scavenging.
7. Inadequate Rehabilitation: The Self Employment for Rehabilitation of Manual Scavengers (SRMS) scheme under the Ministry of Social Justice and Empowerment provides 3 main ways for rehabilitation of manual First, under the one-time cash assistance scheme, one member of a manual scavengers’ household is given Rs 40,000. Second, manual scavengers receive Rs 3,000 per month for two years of skill development training. And third, subsidies are provided on loans up to a predetermined fixed. However, as per the data68, of the 42,203 who were identified in 2018 only 27,268 have been given cash assistance of Rs 40,000. Skill development training has been imparted to only 1,682 and only 252 manual scavengers have received a credit-linked subsidy of INR 325,000. Rehabilitation is constrained by a shortage of funds. As per the data provided by the National Safai Karamcharis Finance and Development Corporation (NSKFDC), the government has released a total of Rs 226 crore for rehabilitation since 2006-0769. All funds were released before the financial year 2013-14 and no further funds have been released since then. Additionally, over Rs 24 crore of the funds released during the UPA government’s tenure remains unspent.

 Recommendations

1. It is not going to be possible to eliminate manual scavenging unless right sanitation technologies are For instance, the Hyderabad Metropolitan Water Supply and Sewerage Board is using 70 mini jetting machines that can access narrow lanes and smaller colonies to clear the choked sewer pipes. In Thiruvananthapuram, a group of engineers have designed a spider-shaped robot that cleans manholes and sewers with precision.
2. Need clear definition of what constitutes protective In case a human has to be put inside a sewer, protective gear such as gloves, masks, and shoes must be provided. Any violation should be strictly penalized. A doctor must as well as an ambulance must be kept at hand in case of emergency.
3. Need a thorough and independent study to ensure reliability of data on manual scavengers.
4. The Supreme Court’s judgment of 2014 should be duly implemented and applied in all cases of sewer/septic tank deaths and compensation should be ensured.
5. Criminal accountability of employers guilty of sending/compelling workers to clean sewers/ septic tanks , leading to their death or illness, should be established. Trials in all such cases should be fast tracked.
6. Authorities should be sensitized to recognize the intensity of the issue and see the problem as dehumanizing and unconstitutional. The underlying caste-based attitude to sanitation workers should be identified and strong action should be taken in case of malpractice.
7. The state should take primary responsibility for sewerage and ensure that provisions are made for proper working conditions for all sanitation.
8. The right to sanitation should not be provided at the cost of the basic fundamental rights of sanitation It is important to factor in the repeated deaths of sewer/septic tank workers into the design of present and future sanitation policies and campaigns of cleaning India. The government should turn its attention away from toilet construction and explore ways to empty pits without human intervention.
9. Adequate funding needs to be All rehabilitation measures need to be made available to all identified manual scavengers on an immediate basis.

  Conclusion

For manual scavengers in India it was earlier a struggle for dignity, but today it has become a struggle for survival.They are denied any other secure source of livelihood, and are compelled to resort to manual scavenging in order to meet their livelihood needs. And in the process many of them lose their lives.The very existence of manual scavenging and the apathy of the state must be seen as a form of violence, especially when there are explicit orders from the Supreme Court on the matter.

The state is culpable of criminal neglect leading to preventable death of individuals from the most vulnerable section of society. This situation continues due to the state’s neglect of its vital oversight role regarding compliance with the law banning manual scavenging as well as the directives from the Supreme Court.

The state is also involved in the unconstitutional and inhuman practice through its various urban local bodies and government departments.The state of affairs also continues because of the continuing operation of caste and untouchability in society.

Therefore, going forward it is imperative that the government fully commit itself in ensuring that the law prohibiting this inhuman practice is implemented fully in letter and spirit.

References

Balakrishnan, Uday. April 14, 2020. ‘Ambedkar and the Poona Pact,’The Hindu. New Delhi.:The Hindu.

Balani, Sakshi. June 2013. ‘Legislative Brief: The Prohibition of Employment as Manual Scavengers and their Rehabilitation Bill, 2012’, New Delhi.: PRS Legislative Research.

Bose, Rakhi. October 9, 2018. ‘Manual Scavenging is Illegal in India. Then How are There ‘7 Lakh Foot Soldiers of Swach Bharat’,’ News18.

Census 2011, GoI.

Choudhary, Amit Anand. September 19, 2019. ‘In sewer deaths, Supreme Court sees ‘gas chamber’,’The Times of India. New Delhi:Times News Network.

CLPR. June 26, 2019. ‘Review of Data on Survey and Identification of Manual Scavengers’, Bengaluru.: Centre for Law and Policy Research.

Darokar, Shaileshkumar. June, 2018.‘Manual Scavengers: A Blind Spot in Urban Development Discourse,’ Economic and Political Weekly,Vol. 53, No. 22. Mumbai.: Economic and Political Weekly.

Desai, Dhaval. January 22, 2020. ‘Swachh Bharat – A failed Mission for Manual Scavengers’, Mumbai.: Observer Research Foundation.

Desai, Dhaval. January 27, 2020. ‘282 deaths in last 4 years: How Swachh Bharat Mission failed India’s manual scavengers,’The Print.

Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition) Act, 1993

IDSN. 2017. ‘The Inhuman Caste and Gender Based Sanitation Practice of Manual Scavenging in India….’, International Dalit Solidarity Network.

Kapil, Shagun. September 18, 2019. ‘Sewers are gas chambers where manual scavengers are sent to die: DC,’ Downtoearth.

Keer, Dhananjay (1990). Dr. Ambedkar: Life and Mission (3rd edn). Bombay: Popular Prakashan Private Limited

Mishra, Dheeraj. August 31, 2018. ‘Modi Govt Has Not Released a Single Rupee for Rehabilitation of Manual Scavengers,’The Wire.

Prohibition of Employment as Manual Scavengers and their Rehabilitation (PEMSR) Act, 2013 Protection of Civil Rights Act, 1955 and the Protection of Civil Rights (PCR) Rules, 1977 Raghunathan, S. R. (2009). Supreme Court Steps In: Struggle in Progress, Frontline (25) June 2009. Safai Karamchari Andolan Survey, 2009.

Singh,Tripti and Singh, Manish. May 8, 2019.‘Rehabilitating Manual Scavengers Must Go Beyond Reinforcing Caste Hierarchies,’The Wire.

Social Inclusion of Manual Scavengers (2012). A Report of National Round Table Discussion Organised by United Nations Development Programme and UN Solution Exchange

Socio Economic Caste Census 2011

Srivastava, B.N. (1997). Manual Scavenging in India: A Disgrace to the Country. New Delhi: Sulabh International Social Service International and Concept Publishing

The Constitution of India

The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989

Zaide, Annie (2006, September 22). India’s shame: Manual scavenging is still a disgusting reality in most States despite an Act of Parliament Banning it, Frontline.

Footnotes:

1  https://idsn.org/wp-content/uploads/2017/10/Submission-Caste-and-Gender-Based-Sanitation-Practice-of-Manual-Scavenging-in-India.pdf

2 https://www.prsindia.org/uploads/media/Manual%20Scavengers/Brief–manual%20scavenging,%202013.pdf

3 Srivastava, B.N. (1997). Manual Scavenging in India: A Disgrace to the Country. New Delhi: Sulabh International Social Service International and Concept Publishing

4 Ibid

5 Keer, Dhananjay (1990). Dr. Ambedkar: Life and Mission (3rd edn). Bombay: Popular Prakashan Private Limited6 https://www.tandfonline.com/

doiabs/10.1080/00856407908722988?journalCode=csas20

7 https://www.thehindu.com/opinion/op-ed/ambedkar-and-the-poona-pact/ article31333684.ece

8 The Constitution of India

9 Part III and IV of the Indian Constitution

10 http://164.100.47.193/Refinput/New_Reference_Notes/English/Manual%20 Scavengers%20welfare%20and%20Rehabilitation.pdf

11,12, 13,19,21,22,24 Ibid

14 Social Inclusion of Manual Scavengers (2012). A Report of National Round Table Discussion Organised by United Nations Development Programme and UN Solution Exchange

15 http://www.sulabhinternational.org

16 Raghunathan, S. R. (2009). Supreme Court Steps In: Struggle in Progress, Frontline (25 June 2009

17 Zaide, Annie (2006, September 22). India’s shame: Manual scavenging is still a disgusting reality in most States despite an Act of Parliament Banning it, Frontline.

18 https://nhrc.nic.in/press-release/commission-pursues-issue-abolition-manual-scavenging.

20 Safai Karamchari Andolan Survey, 2009.

23 Socio Economic Caste Census 2011

25 Census 2011, GoI

26,27,28,29 Ibid

30 Act no. 22 of 1955 and the Protection of Civil Rights (PCR) Rules, 1977

31 Ibid

32 Act no. 33 of 1989 and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Rules, 1995

33 The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amend- ment Act, 2015 (Act no. 1 of 2016).

34 Act No. 46 of 1993

35 Act no. 64 of 1993

36 Prohibition of Employment as Manual Scavengers and their Rehabilitation (PEMSR) Act, 2013

37 Constitution of India, art. 338 (5) a-h

38 Act no. 35 of 2014

39 Ibid

40 Safai Karamchari Andolan v. Union of India (2014)11SCC 224

41 Under ‘Pay and Use Toilet Scheme’, Central assistance through Housing and Urban Development Corporation (HUDCO) was available to Urban Local Bodies (ULBs) for construction of toilets for footpath and slum dwellers who were unable to construct their own toilets.

42 https://swachhbharaturban.gov.in/writereaddata/Mission_ objective.pdf

43 2014 (4) SCALE 165.

44 Ibid para 14.

45 2011 (8) SCC 568.

46 Prohibition of Employment as Manual Scavengers and Their Rehabilitation Act, 2013 (Act 25 of 2013)

47 Ibid Sec. 3

48 Ibid Sec. 5(1)(b)

49 Ibid Sec. 2(1)(g)

50 Ibid Sec. 13(1)

57 Ibid Sec. 24(1)

58  https://www.epw.in/engage/article/manual-scavengers-blind-spot-urban-development-discourse

59  https://clpr.org.in/blog/review-of-data-on-survey-and-identification-of-manual-scavengers/

60 Ibid

61 https://timesofindia.indiatimes.com/india/in-sewer-deaths-supreme-court-sees-gas-  chamber/articleshow/71193184.cms

62   https://www.downtoearth.org.in/news/rural-water-and-sanitation/sewers-are-gas-chambers-where-manual-scavengers-are-sent-to-die-sc-66803

63  https://theprint.in/india/282-deaths-in-last-4-years-how-swachh-bharat-mission-failed-indias-manual-scavengers/354116/

64 https://thewire.in/labour/manual-scavengers-rehabilitation-sanitation

65  https://www.news18.com/news/buzz/manual-scavenging-is-illegal-in-india-then-hows-there-7-lakh-foot-soldiers-of-swachh-bharat-1898891.html

66 Ibid

67 Ibid

68  https://www.orfonline.org/expert-speak/swachh-bharat-a-failed-mission-for-manual-scavengers-60538/

69  https://thewire.in/government/modi-govt-manual-scavengers-rehabilitation