MANUAL SCAVENGING: Far from abolished in practice.

By Mrinalini Bharat

1.1 Background of the problem:

Caste has remained a pillar of Indian society since times immemorial. It dictates what someone can and cannot
do by placing them inside a rigid system held in place by familial pressure, tradition and social stigma or even
violence in many cases. While those at the top of the caste pyramid enjoy innumerable benefits and access to
the higher echelons of industry and society it is the Bahujans (Dalits) and lower castes who find themselves
oppressed and without recourse when they are denied even the most basic rights guaranteed by the constitution
of India.

And a large subset of Bahujans find themselves doing menial labor in appalling conditions taking upon
themselves considerable risk. And one such profession these people are forced into is manual scavenging or
the cleaning of dry toilets, sewage lines and drains most often without even the most basic protective equipment
such as gloves or masks. Furthermore, these Dalits are paid almost nothing for their work and are denied access
to public distribution system, healthcare and education by villagers which traps them in a cycle of poverty
forcing them to be dependent on manual scavenging for a sustenance.

As of 2018, aa government survey estimates that there are close to 20,000 manual scavengers in India.
However, this number is an extreme underestimation given the fact that only 18 states were covered in this
survey and the 2011 census estimated that 180,657 households are engaged in manual scavenging which
conflicts the 2018 report1 . The government clearly, in order to portray itself in better light has window dressed
the data by selecting for the survey those states with the lowest number of manual scavengers. Such actions by
the government are extremely appalling and a disservice to the 1 lakh plus families engaged in manual
scavenging even today, 27 years after manual scavenging was first abolished by the employment of manual
scavengers and construction of dry latrines act of 1993.

Furthermore, with the Swach Bharath Abhiyan campaign launched by the government in 2014 which saw a
large number of toilets constructed in rural India connected to septic tanks this practice will continue as these
septic tanks require periodic maintenance and the standards adopted by the government are not conducive to
mechanical maintenance.

1.2 Current legal status -

While the legislation itself (last amended in 2013) is well drafted there has been almost no action taken by the
government to enforce this and this is evident from the fact that there have been zero convictions under this
law in the last 27 years despite this practice being commonplace in rural India. This law, amended in 2013 was
significantly diluted as it no longer required district magistrates to actively aid in the rehabilitation of manual
scavengers making it difficult for these people to seek recourse in case they are denied alternative livelihoods.

States such as Delhi have also actively taken up legislation to ensure manual scavenging is effectively tackled
and the state is able to rehabilitate these people. It has also launched multiple schemes to identify manual
scavengers and help them find alternative occupations whilst formally inducting those who were unable to find
any such jobs.

However, despite strong legislation there is little change in the lives of these people due to inaction by the state
machinery which has failed in its duty to protect and guarantee the fundamental rights of these people. Activists
such as Bezawada Wilson have taken multiple agencies, municipalities and governments to courts but despite

1
(https://economictimes.indiatimes.com/news/politics-and-nation/over-20500-manual-scavengers-identified-
in-india-survey/articleshow/66043626.cms?from=mdr
winning judgements in favor of these people there has been almost no change in the government’s attitude
towards them.2

1.3 Solution:

The solution is two pronged with the first being ensuring higher standards of construction of sewage systems
in towns and villages allowing mechanical maintenance which will make manual scavenging redundant. And
the second step lies in ensuring equitable access to education, healthcare and welfare programs for the
backward communities engaged in this occupation. It is only possible with the proactive involvement of the
state and central governments. The first step towards achieving this is to amend the Prohibition of Employment
as Manual Scavengers and their Rehabilitation Act. 2013 to compel District Magistrates to proactively
rehabilitate these people while ensuring sufficient state protection is given to them against backlash by upper
caste communities.

The Delhi government’s efforts are a model example as to how manual scavenging can be effectively tackled
with state intervention. In January 2018 the Delhi government created a committee chaired by the Chief
Minister of Delhi to end the practice of manual scavenging. This committee created an action plan which is as
follows3
- Ordered all District Magistrates to survey their respective districts and find all those engaged in manual
scavenging
- Following this the government offered training and jobs with government agencies to these people
- Procured safety equipment and machines for sewage cleaning

If the learnings of the Delhi government can be applied at scale then manual scavenging can be effectively
tackled and the most oppressed class of the country can be guaranteed their most basic rights as promised by
our founding fathers in the constitution.

2
(https://safaikarmachariandolan.org/)
3
(https://www.thehindu.com/news/cities/Delhi/manual-scavenging-law-not-implemented-
effectively/article25032590.ece):