Can India Ever Recover from the Human Cost of Manual Scavenging

 

India, as a close witness to a deeply entrenched caste system, grapples with numerous incidents of atrocities against the Dalit community. Among these, manual scavenging stands out as a particularly serious practice. Historically, individuals from the Dalit community (formerly known as "untouchables") were assigned this dehumanizing task due to their social status. Despite legal reforms and affirmative action, caste-based discrimination persists, and manual scavenging remains a stark example of this inequality. Notably, polls indicate that 97% of respondents engaged in manual scavenging belong to Scheduled Castes.

Between December 6, 2013 and January 31, 2020 India identified 62,904 manual scavengers. A nationwide survey across 194 districts revealed 48,545 cases, while 13 states recognized an additional 14,559. Shockingly, the Safai Karmachari Andolan estimates that over 770,000 manual scavengers exist—an alarming discrepancy. Among them, women face greater disadvantages, constituting over 75% of the workforce. These individuals endure the harrowing task of cleaning human excrement with bare hands, often without proper wages or basic hygienic facilities.

Manual scavenging extends beyond sewer cleaning. Dry latrines (non-flush toilets) are prevalent across India, maintained by villages, municipalities, and even the Indian railways. Scavengers operate without protective gear, including basic items like face masks. Exposure to toxic chemicals and disease-causing bacteria poses serious health risks. Gases like carbon dioxide, ammonia, and methane further endanger their lives.

Data released by Union Minister of State for Social Justice and Empowerment, Ramdas Athawale in 2023, reveals a grim reality. Between 2018 and 2023, 400 people lost their lives while cleaning septic tanks and sewers. Rajasthan reported the highest number of deaths (10), followed by Gujarat (9), Maharashtra, Tamil Nadu (7th place), West Bengal (3), Bihar, Madhya Pradesh, Haryana (2 each), and Punjab, Jharkhand (1 each).

Additionally , official data indicates that between January 1993 and 2010, about 420 First Information Reports (FIRs) concerning deaths associated with manual scavenging were filed in India. Whereas, approximately nine hundred persons died while manually cleaning septic tanks and sewers at this time. However, it's concerning that only a small fraction of these cases invoke the Prohibition of Employment as Manual Scavengers and their Rehabilitation Act.

The narrow definition of manual scavenging focuses on cleaning insanitary latrines or railway tracks only. However, scavengers are not just limited to household cleaners, cleaners of community toilets or septic tanks, or drainage system cleaners; they also include cleaners who pick up biologically hazardous waste in hospitals. Bone scavengers are also a large category. Unfortunately, our government does not recognize these categories, putting manual scavengers at a disadvantage by limiting their ability to identify and classify them.

Over 50,000 Scheduled Caste people are engaged in manual scavenging, but the Indian government still has no plans to provide educational and professional reservations for the rehabilitation of manual scavengers. However, the Swachh Bharat Mission (Clean India initiative) aims to eliminate manual scavenging by enforcing regulations. Despite these efforts, India has repeatedly failed to declare itself free of this practice due to the indifference of successive governments.

Mainstream Dalit organizations, such as Navsarjan, the National Council for Dalit Human Rights (NCDHR), and Drishti-Media, Arts, and Human Rights (DMAHR), actively campaign against manual scavenging. International bodies like Human Rights Watch (HRW) and the International Dalit Solidarity Network (IDSN) also contribute to raising awareness.

 

Legal Framework, Violations, and the Impact on Human Rights,

The Prohibition of Employment as Manual Scavengers and their Rehabilitation (PEMSR) Act, 2013—a more comprehensive provision than the Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition) Act, 1993—explicitly prohibits manual scavenging. Handling human excrement by hand or any other means is strictly forbidden. Violators face potential imprisonment of up to two years, a maximum fine of one lakh rupees, or both. The Act prioritizes the health and welfare of sanitation workers, recognizing manual scavenging as a ‘dehumanizing practice’ that requires correction of historical injustice.

Additionally, the Building and Maintenance of Insanitary Latrines Act of 2013 makes it illegal to construct or maintain unclean bathrooms. Hiring someone for manual scavenging is also prohibited. These laws aim to address past injustices and establish constitutional obligations to support communities dependent on manual scavenging. The Safaimitra Suraksha Challenge, introduced by the Ministry of Housing and Urban Affairs, encourages states to adopt automated sewer cleaning systems.

Manual scavenging not only violates the Indian Constitution but also infringes upon fundamental human rights. The Constitution, aligned with the International Code of Human Rights, eradicates untouchability (Article 17) and caste-based discrimination (Article 15). Human dignity—an unquestionable and inviolable right—is guaranteed by the Universal Declaration of Human Rights (UDHR) under Article 1, 22, and 23. The National Commission on Human Rights emphasizes fair treatment and respect for all individuals.

Despite being banned for three decades, manual scavenging persists in several Indian states, including Punjab, Bihar, Uttar Pradesh, Rajasthan, and Uttarakhand. International organizations, such as the United Nations (UN), express concern about its continuation. Inadequate pay for manual scavengers has drawn attention from the International Labour Organization (ILO).

Budgetary Challenges and NAMASTE Scheme,

Despite the central government allocating ₹371 crore for manual scavenging eradication, the FY 2023-24 Union Budget lacks a specific allocation for the rehabilitation of manual scavengers. Instead, it has merged the rehabilitation scheme with the National Action for Mechanised Sanitation Ecosystem (NAMASTE), which aims for 100% mechanization of sewer work. While ₹100 crore has been allocated to NAMASTE, the absence of dedicated funds for manual scavenger rehabilitation reflects apathy toward eradicating this inhumane practice.

This omission perpetuates human rights violations. The NAMASTE Scheme, aimed at ensuring safety and dignity for sanitation workers, received a budget allocation of Rs. 97.41 crore for the 2023-24 fiscal year. However, the gap between recommendations and implementation remains a challenge.

Manual scavenging perpetuates caste-based oppression, promoting social stigma, discrimination, and marginalization. Shockingly, media coverage often misrepresents incidents as slip-and-fall accidents in “water tanks” rather than acknowledging them as septic tanks. The Supreme Court’s directive to provide compensation to families of deceased manual scavengers due to poisonous gases faces obstacles due to misrepresented news and lack of evidence. Despite being illegal, manual scavenging persists due to lax caste laws and limited alternative livelihood options. Those who refuse to work as scavengers face threats from dominant castes.