INTRODUCTION

Manual scavenging is an occupation that has existed in India since human society and its
separation into the varna system. This profession is considered to be polluting and dirty
profession, preformed exclusively by Dalits and that too, to a sub-caste of Dalits who are
considered to be poor and 'untouchable' even by other Dalits sub-castes. Not only is the
inhuman method of manually scraping night soil involving removing human excrement from
dry toilets with bare hands, brooms or metal scrappers; transporting excrement and buckets to
disposal dumping sites is diabolical, but also the highest degree of abuse of human rights.

Section 2 (g) of the Prohibition of Employment as Manual Scavengers and their

Rehabilitation Act, 2013 (hereinafter the PEMSR Act, 2013) defines manual scavenger as “a
person engaged or employed....by an individual or a local authority or an agency or a
contractor, for manually cleaning, carrying, disposing of, or otherwise handling in any
manner, human excreta in an insanitary latrine or in an open drain or pit into which the
human excreta from the insanitary latrines is disposed of, or on a railway track or in such
other spaces or premises...”

Despite being unacceptable and unsafe as a form of disposal of human waste, manual
scavenging continues to occur in India, despite scientific and technical developments on
different fronts that save manual labor, and despite the existence of easy and low-cost
alternatives that can eliminate the twin problems of manual scavenging and safe disposal of
human excrement. It moves on from one generation to another. They are often stripped of
their human rights by the ideology of acceptance prevalent among them. The state has failed
in its attempts due to the lack of reliable numbers of manual scavengers, inadequate law
enforcement, corruption and rigid caste hierarchy in rural as well as urban areas of India,
despite many schemes, legislations and policy measures.

International covenants, protocols and instruments

In recent years, the challenges and issues of manual scavengers have also been posed and
reflected on and by international forums, in particular the United Nations (UN).   In 2009, the
special rapporteurs of the Sub-Commission on the protection and promotion of Human Rights
discussed at a global level the issue of discrimination based on employment and descent. The
special rapporteurs' Report, which contains draft guidelines and recommendations for the
Effective Elimination of Discrimination Based on Work and Descent, is one of the key
findings in the evolution of labour - intensive and descent-based or caste discrimination

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norms and standards. Discrimination (Employment and Occupation) Convention, 1958
addresses the problem of work-related discrimination and encourages job and employment
opportunities, and this Convention further notes that government ought to enact regulations to
tackle discrimination through the establishment of equal opportunity education programs, the
implementation of national equal opportunity policies, full cooperation with employers and
workers' organisations. This convention also specifies that the government shall set up a
national equal opportunity agency and repeal conflicting laws and practices. Social origin is
one of the reasons for prohibited discrimination and was ratified on June 3, 1960, by India.
With regards to forced labor, the 1930 Forced Labour Convention was adopted by the
International Labour Organisation (ILO) to suppress the use of forced or compulsory labor in
all its forms. In 2007, the annual report of the United Nations Committee on the Elimination
of Racial Discrimination voiced considerable concern about the disgraceful circumstances in
India for manual scavengers.

Manual scavenging in India: Historical background and scavenging communities

The practice of manual scavenging in India dates back to ancient time. According to contents
of sacred scriptures and other literature, scavenging by some specific caste of India exist
since the beginning of civilization. 1 In India, Jahangir built a public toilet at Alwar, 120 km
away from Delhi for 100 families in 1556 AD. Not much documentary evidence exists about
its maintenance. Scholars have suggested that the Mughal women with purdah required
enclosed toilets that needed to be scavenged. It is pointed out that the bhangis share some of
the clan names with Rajputs, and propose that the bhangis are descendants of those captured
in wars. There are many legends about the origin of bhangsis, who have traditionally served
as manual scavengers.

The scavenging castes which were known by different names in different states like Balmiki,
Chuhra, Har, Ghasi, Olgana, etc.

Abuses that Perpetuate Manual Scavenging

State Failure to Intervene to Stop Illegal Employment of Manual Scavengers by Local

Households

While there are strict penalties for maintaining dry latrines in the 2013 Act, these require
enforcement. The track record of imposing sanctions on those who perpetuate manual
1
Bindeshwar Pathak, Road to Freedom: A Sociological Study on the Abolition of Scavenging in India, 37
(Motilal Banarsidass Publisher, 1999).

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scavenging under the Employment of Manual Scavengers and Construction of Dry Latrines
(Prohibition Act) in 1993 by the Indian government is extremely poor. In fact, "almost no one
has been punished under this law," according to the National Advisory Council.2

Not exclusively are laws abrogating manual scavenging regularly overlooked practically
speaking, individuals who attempt to leave can endure retribution, including social dangers of
actual savagery and removal from community.

Denial of Access to Land-Based Resources

When these people refuse to conduct caste-based duties, they can be refused access to
communal property and property belonging to upper caste landholders by dominant caste
classes. This access is essential: most individuals involved as manual scavengers do not own
land and need entrance to community and private land to graze cattle, gather firewood, or
even defecate in the fields.

Difficulties in Accessing the Criminal Justice System

Because of pervasive discrimination, while they are victims of crime, Dalits need substantial
assistance in entering the criminal justice system. While individuals all through India face
police inaction and out and out refusals to investigate their complaints 3 these issues are
exacerbated for individuals on the lower rungs of the social and economic steps.

In rural India, victims of crime usually have to locate and drive to the police station with the
jurisdiction to investigate in order to file a complaint.4 Mostly, any who want to do that are
rebuffed. Victims who are poor and lacking with legal representation are vulnerable to police
refusal to report and prosecute allegations because they can not afford to pay bribes, fund
investigation expenses as usually demanded by the police, or rely on local influential figures
to interfere on their behalf with the police. Traditional gender-bias means that it is
particularly possible that women will be overlooked.

Owing to the perpetuation of caste prejudice by police and local government authorities,
persons from manual scavenging societies are vulnerable to this form of treatment.

2
Standing Committee on Social Justice and Empowerment (2012-2013), Report on The Prohibition of
Employment as Manual Scavengers and Their Rehabilitation Bill 2012, Thirty Second Report, March 2013,
http://www.prsindia.org/uploads/media/Manual%20Scavengers/SCR%20Manual%20Scavengers%20Bill.pdf
(accessed December, 24, 2020) (citing National Advisory Council resolution dated October 23, 2010), para 1.5.
3
Human Rights Watch, India—Broken System: Dysfunction, Abuse, and Impunity in the Indian Police, August
2009, http://www.hrw.org/sites/default/files/reports/india0809web.pdf (accessed 24, December,2020), p. 41.
4
Ibid.

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Illegal and Discriminatory Employment of Manual Scavengers by Local Governments

Descent-based activities are so profoundly internalized that these practices are perpetuated
often by state agencies like village councils and municipal corporations. Any other jobs are
denied to many of the manual scavenging caste populations, leaving them dependent on
manual subsistence scavenging.

Panchayat Employment in Maharashtra

The Maharashtra government asserted in affidavits submitted to the Supreme Court, most
recently in 2006, that no dry latrines existed and that manual scavenging had finally ended in
the state.5 Not only does manual scavenging continue in Maharashtra state, as others have
reported, but also panchayats employ men and women from communities that historically
practice manual scavenging as safai karmacharis, or sanitation staff, to manually clean dry
toilets and open defecation.

Municipal Corporation Employment in Rajasthan

The Rajasthan Employment of Manual Scavengers and Dry Latrine Construction

(Prohibition) Act was enacted by the state of Rajasthan in 2000. 6 Rajasthan started the
process of identifying and rehabilitating individuals engaged in manual scavenging upon
notification of the act in 2003.7

According to a 2008 affidavit submitted to the Supreme Court in Safai Karmachari Andolan
& Ors. v. Union of India by the Secretary of the Local Self-Government Department,
Rajasthan has appointed executive authority and ordered all deputy directors to provide
updated reports on the persistence of manual scavenging activities.8

5
In 2004, the principal secretary of the Maharashtra Water Supply and Sanitation Department responded to the
public interest litigation filed by Safai Karmachari Andolan by claiming that Maharashtra had eliminated all use
of dry latrines and that all 109,495 dry latrines in the state had either been abandoned or converted. Safai
Karmachari Andolan & Ors. v. Union of India & Ors., Supreme Court of India, Writ Petition (Civil) No 583 of
2003, Affidavit in Reply on Behalf of Respondent No. 28/State of Maharashtra, September 2, 2004.
6
Safai Karmachari Andolan & Ors. v. Union of India & Ors., Supreme Court of India, Writ Petition (Civil) No
583 of 2003, Affidavit in Reply on Behalf of State of Rajasthan, 2004.
7
Ibid.
8
Safai Karmachari Andolan & Ors. v. Union of India & Ors., Supreme Court of India, Writ Petition (Civil) No
583 of 2003, Affidavit in Reply on Behalf of State of Rajasthan, 2008.

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However, this has not led to real monitoring or cessation of the practice of scavenging.
Women and men from the Valmiki community continue to be engaged both directly by the
government and by contractors to manually clean human excrement.

Caste-Based Discrimination in Local Government Hiring

While the 2013 Act releases everyone doing manual scavenging from any compulsion to do
this work, this has been difficult to achieve through caste-based traditions imposed by
communities and replicated by state recruiting practices.

Since the Equal Remuneration Act, 1976, amended by Act 49 of 1987, mandates an employer
to pay women and men equally for the same job or jobs of a similar nature, this protection
does not apply to protecting workers from wage discrimination due to caste lines. 9 At present,
India has no regulations that expressly prohibit caste-based wage discrimination.

Withheld Wages and Eviction Threats from Local Government Officials

Where panchayats hire families to clean dry toilets and open defecation, government-
sponsored housing and salaries are sometimes given to them, and officials often use this as
leverage to keep families engaged in manual scavenging. Some panchayats refuse or defer
salaries by replicating customary exploitation, and worse, attempt to withdraw housing if
people no longer continue to manually scavenge. 

Constitutional provisions

Since manual scavengers belong to the backward section of society, they are entitled to some
special rights apart from rights under the Indian constitution. Some of the important and
relevant constitutional provisions 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 19(1)(a): Right to practice any profession, or to carry on any occupation, trade or
business;

 Article 21: Protection of life and personal liberty;

9
The Equal Remuneration Act, 1976 [Act 25 of 1976 amended by Act 49 of 1987], Chapter II, Section 4.

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 Article 23: Prohibition of traffic in human beings and forced labour etc;

 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 47: Duty of the State to raise the level of nutrition and the standard of living and to
improve public health

Legislative framework

The Protection of Civil Rights Act, 195510

Initially, the Untouchability (Offences) Act,1955, was introduced to abolish the tradition of
untouchability and social disability resulting from it against members of the castes in
question. It was amended in 1977 and is now referred to as the Protection of Civil Rights Act,
1955. Under the amended Act, the act of untouchability was made both cognizable and non-
compoundable offense and stricter punishment was levied on the wrongdoers.

The Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 198911

The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, came
into effect on 31st January 1990. The Act determines a few kinds of offenses as atrocities and
provides imposition of stricter punishment for the accused and setting up of special courts for
rapid disposal of such cases. The key purpose of the Act is to prohibit the commission of
crimes of cruelty against members of the scheduled castes and scheduled tribes, to allow for
special courts for the speedy trial of such crimes and for the relief and recovery of victims of
such crimes and for matters connected with or incidental to them. The Act was further
12
strengthened, in relation to manual scavengers, by the recent amendments. The act notified
by the Central Government on 1 January 2016 makes it a punishable offense for any person
to employ, permit or make any person belonging to SC/ST community, to do manual

10
Act no. 22 of 1955 and the Protection of Civil Rights (PCR) Rules, 1977.
11
Act no. 33 of 1989 and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Rules, 1995.
12
The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015 (Act no. 1
of 2016).

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scavenging. Contravention of the said law is liable to an imprisonment for a term not less
than six months which may exceed to five years and also fine.

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

199313

The Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition) Act,
1993 (hereinafter EMSCDL Act, 1993), provides for the prohibition of the employment of
manual scavengers as well as for the construction or continuation of dry latrines and for the
oversight of the construction and maintenance of sealed latrines and related matters. It was
replaced by the PEMSR Act of 2013.

National Commission for Safai Karamcharis Act, 199314

The Act created the National Commission for Safai Karamcharis to analyze, examine and
monitor the execution of various schemes for safai Karamcharis as an independent body and
also to remedy their grievances. The Act is a welfare law passed for the welfare of people
engaging in cleaning and plumbing work in various state agencies. Section 31 of the PEMSR
Act grants regulatory responsibility to the National Commission for Safai Karamchari for
monitoring compliance, prosecuting violations and non-implementation of the PEMSR Act,
2014.

PSEMR ACT 2013

It was approved by both Houses of Parliament on 7 September 2013. The PEMSR Act, 2013
obtained the President's assent on 18 September 2013 and was subsequently published in the
Indian Gazette on 19 September 2013. The Act forbids the employment of manual
scavengers, the manual cleaning of sewers and septic tanks without safety devices, and the
installation of insanitary latrines.15 Its main objectives are: -

i. Prohibition of employment as manual scavengers;

ii. Rehabilitation of manual scavengers.16

The Act recognizes the link between manual scavengers and weaker sections of the society. It
therefore, views manual scavenging as being violative of their right to dignity. Under the Act,

13
Act No. 46 of 1993.
14
Act no. 64 of 1993.
15
Prohibition of Employment as Manual Scavengers and Their Rehabilitation Act, 2013, s. 5.
16
Preamble of the Act.

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each local authority, cantonment board and railway authority are responsible for surveying
insanitary latrines within its jurisdiction. They shall also construct a number of sanitary
community latrines.

The Act acknowledges the connection between manual scavengers and the weaker sections of
society. It also holds manual scavenging to be a denial of their right to dignity. Under the Act,
it is the responsibility of each local government, cantonment board and railway authority to
survey insanitary latrines under its jurisdiction. They shall also construct a variety of sanitary
neighbourhood latrines.

Each occupant of sanitary latrines shall be responsible for either demolishing or converting

the latrine at his own expense.17 If he fails to do so, the local government shall convert the
latrine and recover its costs from the person concerned.18 The implementing authorities shall
be the district magistrate 19 and the local authority 20. Offenses under the Bill may be tried
summarily21 and shall be cognizable and nin-bailable offence.22 It sets out a comprehensive
vigilance process and monitoring committee at district, state and central level. Specifically,
the Act allows for the execution of surveys to classify people working as manual scavengers.

Though the ray of hope emerged after the Supreme Court imposed numerous imperatives in
2014 to prevent and control the practice and also to punish offenders 23, the eradication of the
practice of manual scavenging has not yet met its goals and continues to occur. 24
Unfortunately, also this year, the inter-ministerial task force recorded the presence of
handheld scavengers as large as 53,236, which is four times the number listed in the 2017
official record.25

17
id. s. 5(2)
18
Id. s. 5(3).
19
Id. s. 18.
20
Id. s. 17
21
Id. s. 21(2).
22
Id. s. 22.
23
https://www.news18.com/news/india/stinking-reality-of-manual-scavenging-in-india-does-the-law-exist-only-
on-paper-1880787.html
24
https://thewire.in/caste/after-25-years-of-broken-promises-india-is-counting-its-manual-
scavengers-again
25
https://www.downtoearth.org.in/news/manual-scavenging-non-existent-for-govt-yet-people-die-
30-ft-under-ground-61581

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Although the figures are an improvement from before, where the majority of States have
dismissed the existence of the activity, it is still a gross approximation of the data obtained
from 121 out of 600 districts and also does not include those engaged in cleaning sewers and
septic tanks (also without the use of protective gears) and data from the Indian Railways,
which is the largest employer of manual scavengers. 26

The grim reality also surfaced in the report published by the Ministry of Social Justice and
Empowerment in 2017, which reported that some 300 manual scavengers had died that year
while cleaning sewers and septic tanks. 27 The elimination of manual scavenging therefore
involves a surgical strike to mention a comprehensive, time-bound and clear action plan with
instructions on monitoring and transparency.

Directives issued to the States under Part-IV of Constitution.

Part IV of Indian Constitution deals with Directive Principles of State Policy. The principles
set out in this Part are not enforceable, but are still fundamental to the government of the
country and must be kept in mind by the State when enacting legislation.

Like Part III of the Constitution, Part IV also does not specifically recognize the basic right to
sanitation, but still confers on the State a duty under Article 42 to "to ensure the provision of
just and humane conditions of work" and imposes on the State a responsibility under Article
47 to "raise the level of nutrition and the standard of living and to improve public health"28

In the case of Vincent Panikurlangara v. Union of India, the Supreme Court analyzed the
provisions of Articles 21 and 47 as follows:29

“maintenance and improvement of public health have to rank high as these are indispensable
to the very physical existence of the community and on the betterment of these depends the
building of the society of which the Constitution makers envisaged. Attending to public
health, in our opinion, therefore, is of high priority-perhaps the one of the tops.”

In addition, according to Articles 21 and 48A (read Article 51-A(g), which aim to protect and
improve the environment, Parliament can also use its powers to control the system of water

26
https://indianexpress.com/article/india/53000-manual-scavengers-in-12-states-four-fold-rise-
from-last-official-count-5218032/
27
http://socialjustice.nic.in/writereaddata/UploadFile/manualsca-act19913.pdf
28
http://legalaffairs.gov.in/sites/default/files/chapter%203.pdf
29
AIR 1987 SC 990

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supplies and sanitation. The availability of clean drinking water and the maintenance of the
sanitation system, both in urban and rural areas, are a matter for the State list.30

The Proposed Manual Scavenging Prohibition Bill

The Prohibition of Employment as Manual Scavengers and their Rehabilitation (Amendment)

Bill, 2020, has been a “hidden” Bill.31 The bill, based on this Action Plan, emphasizes the
eradication of manual scavenging in India by total mechanization of sewer cleaning. At first
sight, the proposed new bill looks positive. It recommends the full mechanization of sewer
cleaning and improved safety at work and coverage in the event of accidents. Currently,
anybody engaging in dangerous cleaning of sewers and septic tanks is subject to a prison
term of up to five years or a fine of Rs 5 lakh or both. The new bill seeks to strengthen the
legislation prohibiting manual scavenging by increasing both the imprisonment and the
amount of the fine.

It seeks to modernize existing sanitation facilities and fix the issue of sewage-free areas; to
set up sewage sludge and sewage control systems for the mechanized cleaning of septic
tanks; and to set up sewage response units with help lines.

It aims to modernize existing sanitation infrastructure and solve the problem of sewage-free
areas; to set up sewage sludge and sewage treatment systems for the mechanized cleaning of
septic tanks; and to set up sewage response units with support lines.

Further, this bill does little to reverse the injustice of history. Sanitation remains a caste-based
work, and the children of safai karamcharis are expected to follow the footsteps of their
ancestors.

Quality education with assured alternate employment is the bare minimum that our culture
can be committed to. Without this, there is no hope that they will survive the life of
demeaning, the bottom-of-society work that their parents and generations of their ancestors
have been involved in since time immemorial.

30
http://www.elrs.in/content/wss.pdf
31
https://indianexpress.com/article/opinion/failing-the-sanitation-worker-again-manual-scavengers-bill-
6605096/

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Laws are certainly needed, but true hope rests with advocates and NGO organizations who
are willing to take a stand. It's a difficult problem, but it's not an impossible task, considering
the money the government spends on non-essential programs.

Key Recommendations

 Identify those persons still engaging in manual scavenging and those engaged in the
activity after it was banned under the 1993 Act (so the latter are entitled to benefits
under the 2013 Act).
 Ensure the rehabilitation entitlements under the 2013 Act—including financial aid,
scholarships, accommodation, alternate livelihood help, and other substantial legal
and programmatic assistance—are essential to manual scavenging communities.
 Take immediate action to ensure that officials effectively interfere to discourage
groups from being forced to perform manual scavenging, even where members of
those communities face harassment and retaliation for trying to leave manual
scavenging. Steps should involve keeping authorities responsible for the proper
implementation of the relevant legislation, including the 2013 Act and The Scheduled
Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
 Strongly enforce the law against municipal government authorities who themselves
hire people to serve as manual scavengers.

Conclusion

In India, the tradition of manual scavenging needs to be eradicated, current laws need to be
changed, there needs to be strict compliance and there needs to be a change of mindset
among society. An additional drawback for manual scavengers, since they are part of the
lower caste class and thus face tremendous social discrimination, and secondly, they are
marginalized because they are manual scavengers who clean the excreta from humans. While
there are many regulations and schemes to discourage, eradicate, and rehabilitate victims of
manual scavenging, the crime is still performed and still widespread in community.

At the beginning of the 1980s, Indian courts expanded the 'right to life' provided for in Article
21 of the Indian Constitution as a right to a dignified life and viewed many social and
economic rights as basic determinants of the right to a dignified life. Article 21 is also still
there to protect the victims of manual scavenging. In addition to the Act, there is a need for
certain additional strategies as well as measures to ban the practice of manual scavenging and

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to provide alternative work for them. Sensitivity initiatives, as well as a way to educate the
masses about sanitation problems, grooming habits and health practices, are an important step
in spreading awareness about community rights. Everyone knows that this is prohibited by
statute, and people must be mindful of the punishments they face when they are arrested and
when they are participating in the use of manual scavengers. Manual workers must be made
aware of their rights and the rules shielding manual workers from abuse by their employers or
society. Since manual scavengers earn little to small income out of work that is inadequate
for them to educate their children, the schemes implemented would enable these workers to
educate their children. The Government should give support to someone who acts as a
manual scavenger because of unemployment, racism or poverty, so that they do not resort to
such activity. One-time approaches are not enough, a more community-based approach can
be implemented, providing more support to the population as a whole to help them heal from
this conventional method. The government must therefore fully devote itself to the
development of modern sanitation systems and offer complete assistance, including financial
stability, to those communities who wish to avoid the vicious circle of manual scavenging, as
these communities face only discrimination and inequalities by society.

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