Context: India has banned Manual Scavenging under the Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013 (PEMSR). The Act bars hazardous cleaning, but there is no specific ban on manual cleaning of sewers and septic tanks as long as protective gear is given.
This legal loophole has become a tool to bypass the accountability by civic contractors and municipal bodies, who often hire contractual sanitation workers and equip them with inadequate or poor quality protective gear.
Relevance of the Topic: Mains: Manual Scavenging: Prevalence, Associated Challenges, Govt. Initiatives.
About Manual Scavenging
- Manual scavenging is the practice of removing human excreta by hands from sewers or septic tanks.
- The PEMSR Act has expanded the definition of manual scavengers to give protection to all manual scavengers employed with private or public authorities even in railways lines, open drain, pit and other places as notified by Central or State Governments.
- The PEMSR Act defines hazardous cleaning as an employee engaged in manual cleaning of sewer or septic tanks without the employer fulfilling his obligations to provide protective gear and other cleaning devices and ensuring observance of safety precautions.
Challenges associated with Manual Scavengers/Sanitation Workers:
- Lowest in social hierarchy: Sanitation workers particularly those engaged in manual scavenging come from the lowest ladder of the caste system, i.e., the untouchables. Some communities such as Valmikis communities in north India.
- Scavenging as a manifestation of Untouchability (Article 17): Manual scavenging is a manifestation of untouchability and has been abolished by Article 17 of the Constitution. The Civil Rights Act, 1955 expressly lists scavenging as being an instance of untouchability.
- Dangerous working conditions: Migrants often enter sewer and pits without proper safety kits and equipment’s which often results in disabilities and deaths for such workers. According to MOSJE, around 308 individuals have died while cleaning sewers and septic tanks between 2018-2012.
- Social reproduction: Often the families also face social ostracization and exclusion. They have limited savings, education and other opportunities of social mobility. This limits the life chances of children of. Manual scavengers who eventually become scavengers themselves.
- Social stigma: Despite statutory provisions of rehabilitation under the PEMSR Act, 2013, manual scavengers are often unable to take up non-sanitation related occupations due to social stigma and stereotypes attached to them.
- Limitations of mechanization: Though mechanization of sanitation work will reduce the adverse health risks and increase safety of sanitation, but it does not bring the dignity to the people engaged in the profession due to caste-consciousness attached to it.
- Issue of stormwater cleaners:
- According to Prohibition of Employment of Manual Scavengers and Their Rehabilitation Act, 2013 (PEMSR), employing any person for 'hazardous cleaning of sewers and septic tanks' is a punishable offence. However, often stormwater drains, and sewer lines are not separate. But these stormwater drains are not notified as sewer lines preventing the cleaners of stormwaters from getting due rehabilitation under the Act.
- Often the stormwater drains and sewers networks are not separate in India. Thus, waste from public toilets and septic tanks is discharged into the main drain. The workers therefore deal with toilet sludge.
- Governments at the local levels do not declare the drains as sewer lines as this would enable the sanitation workers to get recognised as manual scavengers under PEMSR Act.
- Toilets under Swachh Bharat Abhiyaan: Crores of toilets have been constructed under Swachh Bharat Abhiyaan in the rural and urban areas of the country. However, most toilets are pit based and are not linked to sewage network. Thus, there is a risk manual scavenging likely to continue.
- Lack of sewer network in urban areas: Large parts of urban areas in India are still not connected with sewage facilities, particularly in unauthorised colonies. These areas use septic tanks for disposing human excreta which are often cleaned by private contractors who are rarely held accountable by authorities.
- Lack of awareness among the public and communities from where manual scavengers come about their rights and guarantees under the PEMSR Act.
Steps taken by Government for eradicating manual scavenging
- Enactment and enforcement of PEMSR Act, 2013 in all States and UTs.
- Construction of toilets in rural and urban areas under the Swachh Bharat Mission leading to near universal conversion of insanitary toilets into sanitary toilets.
- Self-Employment Scheme for Rehabilitation of Manual Scavengers (SRMS) which offers:
- One time cash assistance of Rs 40,000 to one identified manual scavenger in the family.
- Upfront capital subsidy upto Rs 5 lakhs to identified manual scavengers and their dependents for self-employment projects upto Rs 10 lakhs (Rs 15 lakhs in case of sanitation related projects).
- Skill Development Training upto two years to identified manual scavengers and their dependents with Rs 3,000 per month during the training period.
- Health insurance of upto Rs 5 lakhs to all identified manual scavengers under Ayushman Bharat Yojana.
- MOSJE was conducted to national level surveys during 2013 and 2018 for identification of manual scavengers. These two surveys have identified 58,098 manual scavengers and they have been paid one-time cash assistance of Rs 40,000.
- NAMASTE Scheme aims to provide PPE kits, access to safety devices, health insurance coverage and livelihood opportunities in the sanitation sector through subsidised sanitation related vehicles/machinery.
Way forward
- Focus on expanding the network of sewer lines in rural and urban areas.
- Focus on bringing 100% mechanization of sanitation cleaning by employing robotic technology.
- All agencies of Central & State Governments should take appropriate measures, frame policies to ensure that manual sewer cleaning is completely eradicated.
- Any sewer cleaning work outsourced to contractors or agencies should expressly not require individuals to enter sewers
- Full rehabilitation including employment to next of kin, education of wards and skill training
- Compensation:
- For death: Increase in compensation amount to Rs 30 Lakhs for sewer deaths to be paid by concerned agency - Union/UT/State Government.
- For disability: Compensation to be paid to sewer victims suffer disabilities depending on severity of disabilities ranging from minimum Rs 10 lakhs to Rs 20 lakh in case of permanent disability rendering the victim economically helpless.
- Provision of scholarship by Union/State/UT governments to ensure dependents of sewer victims (died or disabled) are given meaningful provision.
- Conduct of national survey: A National Survey of manual scavengers should be done by Ministry of Social Justice & Empowerment. The survey should be designed in consultation with NCSC, NCST, NCSK & NALSA.