GUJARAT NATIONAL LAW UNIVERSITY

Research Paper
On
Manual Scavenging

Continuous evaluation of Constitutional history

1
 ABSTRACT

Since time immemorial, we have been witnessing the barbaric, cruel practice of Manual
Scavenging, albeit it has changed its forms over the years. This core of this activity lies in the deep
seated divisions in our Indian Society, which is stringently classified into four castes broadly –
Brahmin, Kshatriya, Vaishya, Shudra. Within its realm, there lies further hierarchical divisions.
Outside this caste system, lies the most vulnerable caste group, called Atishudras , who were
considered as untouchables. The members of this group were an outcast, and did not get
opportunities to grow and flourish which the upper castes enjoyed. Also referred to as ‘Bhangis’,
these people were required to inhumanely deal with human excreta and similar toxic wastes. This
exposure caused the manual scavengers to a myriad of health problems and connected economic
and social disadvantages.

We in this paper review the sources which provided the data for the construction of this assignment.
It looks into the historical background of the malpractice and subsequent relief measures taken by
the central government, both during the pre-independence and post-independence eras. We also
look into how casteism feeds in to this practice which in turn feeds into casteism thereby making it a
vicious cycle. Surveys and quantifiable data have also been incorporated to gauge the number of
beneficiaries and the effectiveness of the steps undertaken by the State.

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 Literature Review

• The data collected from governmental sources is erroneous according to different informal
sources. As the subaltern ground realities offer a dismal situation altogether. The data given
in annexure 1 is taken from the press information bureau. It states that the number of manual
scavengers who are eligible and are paid OTCA is highest in Uttar Pradesh which again is
substantiated by the fact that out of the total population of India, 20% of the Scheduled Caste
(SC) community resides in Uttar Pradesh as per 2011 census data. The total number of
identified manual scavengers enumerated in that data is 58098, which is highly
underestimated. In annexure 2, the situation of manual scavengers is clearly visible as the
numbers suggest that the number of beneficiaries who were given capital subsidies is
minimal in most states and even zero in some. According to governmental sources, many
skill development centers have been set up to uplift this section of society. However, the
ground realities suggest a different scenario where people representing safai karamcharis
claim that these centers merely act as a show and majority of these centers are not functional
in their genuine sense.
• The sources include the central government websites namely Legislative.gov.in, Press
Information Bureau (PIB) and the official website of ministry of tribal affairs. These sources,
on account of being official sources, present the situation in positive light. These websites
more or less show that the measures and efforts taken by the government have been
beneficial to the manual scavengers to a great extent. These claims are also substantiated by
numerical data, which tells that there has been a significant decrease in the instances of
manual scavenging over the past decade. While this is partly true, government schemes and
legislative acts have not been able to achieve their end goal. The reason for this lies in the
pervasive practices of corruption, procrastination, lack of unity amongst the policy makers
and lastly, politics. But, we as a society should also be acquainted with the sensitivity of this
issue, which is also responsible for the failure. A measure that could be taken by the policy
makers is to make specific policies which could be more flexible and inclusive in its
approach. To give an illustration, women who belong to these social groups are at a double
disadvantage. They suffer from inequality in wages, sexual harassment and are burdened
with their house chores and work. Moreover, they are also vulnerable to human trafficking

3
 and kidnapping. Hence, our socialist government should introduce targeted schemes to
alleviate the conditions of these people.
• Secondly, blogs and newspaper editorials, like those of The Hindu and Hindustan Times
have been used. Organisations like Down To Earth .org have undertaken their own individual
surveys and conducted research which aims to give an account of the government efforts.
These can be relied upon, because of their non-governmental nature and hence, non-biased
nature of their methods. One limitation that has been noticed is that these are largely
restricted to a a handful of states and regions within these states. Since generalisation should
be avoided, this data cannot be considered to be an overall picture of the whole country. As
far as newspaper editorials are concerned, the drafters of this assignment were aware about
the inclination of the particular newspapers used. Both have been used , so as to strike a
balance and present an unbiased view. These editorials are written by academic scholars and
eminent persons who have distinguished knowledge about this issue. Hence, the newspaper
editorials can be considered as a reliable source due its richness of knowledge.

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 INTRODUCTION

• In India, the term "manual scavenging" is mainly used to describe "manually cleaning,
hauling, disposing of, or in any other circumstance handling, human excreta in an unhygienic
latrine, in an open drain or sewer, in a septic tank or a pit."
• Typically, manual scavengers employ hand instruments like buckets, shovels, brooms, and
tin plates, as well as the labor-intensive task of moving excrement baskets, which they
occasionally lift hundreds of miles distant to disposal locations. Pakistan and Bangladesh are
also practicing human labor to clean septic tanks and sewer standards. These sanitation
professionals, known as "manual scavenging, do "not frequently have private shielding
apparatus.
• The piece is considered dehumanizing behavior. Some people find it to be the most
disgusting aspect of their jobs, while for others, it is their only source of income. More than
500,000 guide scavengers work throughout India cleaning, hauling, and disposing of human
excreta and anything else that we flush down the toilet.
• They work in drains, sewers, septic tanks, and railroad lines. They force themselves into
clogged sewers and septic tanks, holding on for hours while scooping dirt out with their bare
hands and enduring the foul smell. Many guide scavengers pass away each year from
suffocation caused by harmful fumes.

Background
• Manual scavenging is a practice that has been in place for thousands of years; this essentially
includes the cleaning of the sewage and drains of the area; the work is a high risk, low
reward, and almost no respect; it also poses the potential to cause several diseases to the
person who does this work, now the rationale behind taking this as our topic is that it is a
thing which is still considered taboo and not talked about, the people are still suffering due to
lack of proper safety nets provided to them, now this is an even bigger problem as the work
is necessary as otherwise would lead to severe unhygienic surroundings and would give rise
to increase in contaminations and diseases.

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Significance

• The project’s significance is pretty high as manual scavenging, which is not even fit to be
called a job, is a serious issue and has become a platform to advance racism and casteism in
India as the majority of people working here are of scheduled castes or scheduled tribes.
Hence it has become necessary to research abos, to collect data about their theirng
conditions, castes and the overall environment, and all the legislations in place.

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 Methods and Practices
• The methods and practices used to compile this research paper are as follows: -
• Usage of government sites and reports for data collection.
• Referring to news blogs, articles and reports published by independent media houses.
• Referring to the legislation regarding the subject matter at hand
• Reading and analyzing different committee reports
• Referring to the cases for the subject matter at hand.
• After collecting all the data, the team sat down together,r discussed, ed, and analyzed what was
to be filed in the paper and in what manner.

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 Findings and Discussions

History of Manual Scavenging

• In India, manual scavenging has been a tradition from the beginning. Scavenging by some
particular castes of India has existed from the dawn of civilization, according to the teachings
of religious texts and other works of literature. Manual scavenging was one of the fifteen tasks
assigned to enslaved people listed in the Naradiya Samhita. This persists throughout the
Buddhist and Mauryan eras as well.
• According to scholars, Mughal ladies wearing purdah needed enclosed restrooms that needed
to be scavenged. It is suggested that the Bhangis (Chuhra) are decedents of people taken in
wars because they share several clan names with Rajputs. The origin of Bhangis, who have
historically worked as manual scavengers, is the subject of numerous stories. One of them
explains how Bhangis came to be in Mehtar and is connected to Lal Begi Bhangis.
• Scavenging by hand has historically been connected to India's caste structure. Toilet cleaning
is only one of many cleaning tasks that are devalued in India. The elites gave the Dalit
community the dirtiest, lowest-paying jobs. The growth of Hinduism and the rebirth of the
Brahmanical order during the Gupta period, regarded as the golden era in the history of the
Indian subcontinent, can be linked to the caste-based assignment of cleaning chores. The
laborers typically belonged to the subcastes of Balmiki (or Valmiki) or Hela (or Mehtar),
regarded as at the bottom of the Dalit community's hierarchy.
• Beforeto the 1993 Act, which outlawed the employment of manual scavengers, local
governments hired 'scavengers' to clean dry latrines in homes and other private and public
buildings. The British institutionalized these jobs. Human excrement cesspits in London were
referred to as "gongs" or "jakes," and the people hired to clean them as "Gongfermours" or
"Gongfarmers." Such holes were only emptied at night and deposited beyond the city. They
could only transport rubbish on specific routes and byways and had allocated sites to reside.
The British engaged Bhangis as manual scavengers and set up methods for clearing the
excrement. For jobs in metropolitan areas, they also brought Dalits employed as agricultural
laborers in rural areas. The British's official hiring of Bhangis and Chamars for garbage

8
 disposal underlined the assignment's caste-based nature. Jobs in the sanitation service are still
primarily (but not entirely) restricted to members of the Scheduled caste groups.

Statistics of Manual scavenging

o The data released by PIB in December 2022 presents a rosy picture of the whole
situation regarding eliminating the inhumane practice of manual scavenging.
However, according to other sources, reality paints a different picture altogether. A
comparative analysis of the official data statistics alongside unofficial non-
governmental statistics is presented below to elucidate an accurate and clear picture of
the ground realities.
o Two surveys were conducted by the Ministry of Social Justice & Empowerment to
identify Manual Scavengers between 2013 and 2018. According to the surveys, 58098
manual scavengers have been identified. State-wise details are given in Annexure-I.
o The government has been able to achieve the target of the abolition of manual
scavenging. Sec. 2 (1) (g) of the “Prohibition of Employment as Manual Scavengers
and their Rehabilitation Act says that manual scavenging means manually cleaning,
carrying, disposing of, or handling in any manner, human excreta in an insanitary
latrine is prohibited with effect from 6.12.2013[1]. As per the Act’s provisions, two
surveys have been conducted to identify manual scavengers in the country and
recognized 58098 ". All identified and eligible manual scavengers have been assisted
in their rehabilitation. On 24.12.2020, a mobile app was launched to find existing
unsanitary washrooms and manual scavengers, if found therein. After verification of
the data uploaded on the app, no existence of an insanitary latrine has been verified.
After that, there is no report of the practice of manual scavenging currently in the
country.
o State-wise details of manual scavengers and their dependents provided benefits under
the Self Employment Scheme for Rehabilitation of Manual Scavengers (SRMS) are
given in Annexure II.
o Sanitation is a state subject, and no such database is maintained centrally by this
Ministry.
o Lethal accidents in sewers and septic tanks are due to non-compliance with the
prescribed safety measures and Standard Operating Procedure (SOP). A National
Policy on MSE has been formulated and circulated to the States for implementation.
This policy, inter-alia. Envisages the appointment of an RSA in every district and an
9
 SRU in each municipality, which would be fully equipped with necessary machines,
devices, and vehicles for mechanized cleaning and professionally trained human
resources to ensure the safe cleaning of sewers and septic tanks. The Ministry of
Housing and Urban Affairs has complied with these requirements as a mandatory
condition for releasing funds under SBM-U 2.0.
ANNEXURE - I

NO. OF MANUAL
S.NO. NAME OF THE STATE / UT SCAVENGERS ELIGIBLE AND
PAID OTCA
Andhra Pradesh
1. 1793

Assam
2. 3921

Bihar
3. 131

Chhattisgarh
4. 3

Gujarat
5. 105

Jharkhand
6. 192

Karnataka
7. 2927

Kerala
8. 518

Madhya Pradesh
9. 510

Maharashtra
10. 6325

Odisha
11. 230

Punjab
12. 231

Rajasthan
13. 2673

Tamilnadu
14. 398

10
 Uttar Pradesh
15. 32473

Uttarakhand
16. 4988

West Bengal
17. 680

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 NO. OF
NO. OF
MANUAL SKILL
BENEFICIARIES
NAME OF THE STATE SCAVENGERS DEVELOPMENT
S.NO RELEASED
/ UT ELIGIBLE TRAINING
CAPITAL
AND PAID COVERAGE
SUBSIDY
OTCA
A&N Islands
1. 0 11* 0
Andhra Pradesh
2. 1793 56 252
Assam
3. 3921 0 487
Bihar
4. 131 0 18
Chhattisgarh
5. 3 0 0
Gujarat
6. 105 0 19
Haryana
7. 0 2* 0
Jharkhand
8. 192 3 34
Karnataka
9. 2927 294 349
Kerala
10. 518 0 314
11. Madhya Pradesh 510 38 98
Maharashtra
12. 6325 2 1490
Odisha
13. 230 92 66
Punjab
14. 231 41 62
Rajasthan
15. 2673 0 952
Tamilnadu
16. 398 78 29
Telangana
17. 0 8* 0
Uttar Pradesh
18. 32473 779 12155
Uttarakhand
19. 4988 74 1670

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 West Bengal
20. 680 97 231
TOTAL
58098 1575 18226

• The National Commission for Safai Karamcharis (NCSK) noted in its most recent annual
report (2019–20), despite the government's recent claim in Parliament that there are no reports
of people currently engaged in manual scavenging in the nation, that the practice, which dates
back a long time and gained popularity as a result of urbanization and industrialization, is still
practiced in both rural and urban areas. Even the National Human Rights Commission (NHRC)
asserted in a statement released in January 2021 that several States' assertions that they have
no manual scavengers and no unhygienic restrooms are untrue.
• According to SECC 2011, 1.82 lakh people in rural homes engaged in manual scavenging.
• The Ministry of Rural Development published information on manual scavengers in July 2015
based on the Socio-Economic and Caste Census 2011 (SECC-2011). According to SECC-
2011, 1,82,505 manual scavengers worked solely in the nation's rural areas. Please be aware
that the SECC-2011 data is based on information provided by respondents that were provided
to the enumerator by the homes. Additionally, the 2011 Census found that over 26 lakh
unhygienic latrines in the nation needed to be physically cleaned. According to the
government, the majority have been transformed into sanitary as part of the Swachh Bharat
Mission.
• Due to data shortages, only a few benefit under applicable schemes.
• The Ministry of Social Justice & Empowerment performed two surveys between 2013 and
2018 to tally the number of manual scavengers in the nation; 14,812 and 48,251 manual
scavengers, respectively, were counted, for a total of more than 63,000 manual scavengers in
the country. The 2018 survey, however, was only carried out in a total of 170 districts and 18
states. Organizations like the National Commission for Safai Karamcharis (NCSK) have
maintained that a nationwide poll along similar lines is necessary before the accurate picture
can be revealed.
• A smaller subset of the identified manual scavengers receives rehabilitation programs as one-
time financial aid, skill development training, and subsidies. The report of the Parliamentary
Standing Committee further emphasizes how poorly the programs were implemented.

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• The SECC-2011 data and the national survey data differ significantly in the states for which
data are available. According to SECC-2011, Maharashtra had over 65,000 rural households
involved in manual scavenging, or 35% of the total. However, the 2018 survey only found
around 7,300 (11.7% of the total) manual scavengers in the state.
• Manual scavenging resulted in 0 reported fatalities, but sewage cleaning caused 321.
• The data from independent groups like the Safai Karmachari Andolan (SKA) indicate that
the government has underestimated the numbers. Even government information that was
given in answer to various inquiries in Parliament multiple times is conflicting.
• The SC community makes up more than 97% of people involved in manual scavenging.
• Manual scavenging is dangerous and negatively affects individuals who participate, in
addition to inviting caste-based prejudice and social inequity. The majority of those involved
in this activity are from scheduled castes. A letter from the Parliament dated December 2021
states that 58,098 manual scavengers in total have been located using the standards outlined
in the 2013 act. Forty-three thousand seven hundred ninety-seven of these manual scavengers
had caste information available; 97.25% belonged to Scheduled Castes.

CATEGORY NUMBER OF MANUAL SCAVENGERS

SCHEDULED CASTE 42954

SCHEDULED TRIBE 421

OTHER BACKWARD CLASSES 431

OTHERS 351

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 NUMBER OF MANUAL SCAVENGERS

SCHEDULED CASTE SCHEDULED TRIBE

OTHER BACKWARD CLASSES OTHERS

• The following graph depicts the State-wise number of deaths of manual scavengers reported
between 2017 and 2022. Of the 347 workers who died while or because of cleaning sewers and
septic tanks in the 2017-2022 period (ending in July this year), Uttar Pradesh accounted for the
highest number (51)

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 NUMBER OF DEATHS OF MANUAL SCAVENGERS REPORTED BETWEEN
2017-2022
60

51
50 48

40 38

30 28
26

20

13

10

0
TAMIL NADU GUJARAT UTTAR RAJASTHAN KARNATKA HARYANA
PRADESH

16
LEGISLATIONS, CASES, AND COMMITTEES
• The act of handling the undecomposed human waste from the open drains, septic
tanks, sewers done mainly by people belonging to lower castes, popularly known
as Manual scavenging was primarily practiced. In the late 1950s, the
Gobichettipalayam Municipality, Tamil Nadu, was the first local body to ban
manual scavenging under the chairmanship of G.S. Lakshman Iyer.

• In 1993, India banned the employment of people as manual scavengers under

The Employment Of Manual Scavengers And the Construction Of Dry Latrines
(Prohibition) Act 1993 by the Ministry of Urban Development.
Under this act, no person shall engage in or employ for or permit to be engaged
in or used for any other person for manually carrying human excreta or
construct or maintain a dry latrine. The employment of scavengers or the
construction of dry toilets would lead to imprisonment of up to one year and
a fine of Rs 2000. This act, in the first instance, was applied to whole states of Andhra
Pradesh, Goa, Karnataka, Maharashtra, Tripura, and West Bengal.1
This Act and the provisions were made to protect the interest of the workmen
involved in this practice, but due to lousy implementation and ignorance, there
were no convictions, and this practice kept on going and is still prevalent even
after passing this Act.
• Later, in September 2013, The Prohibition Of Employment As a Manual
Scavengers And Their Rehabilitation Act was passed. Under this act, manual
scavenging became a prohibited activity in the country with the effect from
06.12.2013. No person or agency can engage or employ any person for manual
scavenging from the above date. Any person who does so is
punishable under section 8 of the above act with imprisonment up to 2 years or
a fine up to Rs. One lakh or both.2
The first step laid down by this Act was to ‘demolish all the
insanitary latrines.’ The local authorities, like municipal corporations, railway
authorities, etc., will be held responsible for building and
maintaining the community sanitary latrines. They must ensure that they are
functional and hygienic.
• The second step was to prohibit the employment of any person for manual
scavenging or hazardous cleaning of sewers and septic tanks. Further, the Act
mandated the conversion of insanitary latrines into sanitary and hygienic
toilets within six months. Also, the authorities mentioned under this Act have to
build sufficient community sanitary latrines as it is considered necessary, especially in the
areas where insanitary restrooms have been found. These were the specific objectives of
passing this Act.This act made the States responsible for identifying and rehabilitating
manual scavengers. The State has to provide them with training, assistance, loans, and even
houses.
• In 2020, the Prohibition of Employment as Manual Scavengers and their
Rehabilitation (Amendment) Bill 2020 was introduced in the Indian Parliament
by the Union Government. The main objectives of introducing this Bill are to
eradicate manual scavengers all over the country from this shameful practice and
also to take out all those workmen who are already involved in this degrading job.
• The Government will also rehabilitate them and their family members. This Bill
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 lays down a proper and complete mechanism to clear the septic tanks and sewers
without involving manual labor. This Act will ensure that no human is
involved in such practice and proper hygienic community sanitary latrines will
be built.
• This amendment focuses on mandating the use of machines to clean
sewers and septic tanks. It calls for complete mechanization of the cleaning of
sewers. It also proposes the idea of replacing the word ‘manhole’ with ‘machine-hole’
in all the government documents. There is also a proposal to install a 24-7 national
helpline to report violations of the act.
• Government data and statistics show that 97% of manual scavengers are
Dalits include people from Scheduled castes, Scheduled tribes, and OBC.
The Scheduled Castes and Scheduled Tribes Act (Prevention of Atrocities),
1989 prevents the commission of offenses of atrocities against the members of
the Scheduled Castes and Scheduled Tribes, to provide for Special Courts and
the Exclusive Special Courts, for the trial of offenses and the relief and
rehabilitation of the victims of such crimes.

• The Protection of Civil Rights Act(1955) abolished the act of manual scavenging on the
grounds of untouchability. A revision to this act came in 1977, which helped stricter
implementation. The center-sponsored scheme of low-cost sanitation for (ILCS) began in
1980-81 for converting dry toilets into pit toilets through ILCS. The government took eight
years to set up the NSCSTFDC and many more years for National Scheduled Castes
• Finance and Development Corporation (NSFDC) to become a body to help manual
scavengers financially. The prevention of atrocities act(1989) became a safeguard for manual
scavengers; more than 90 percent of people employed as manual scavengers belonged to the
Scheduled Caste. This became an important landmark in freeing manual scavengers from
designated traditional occupations.
• Right to live with humans Article 21 has a vast scope; thus, it covers other rights. one of the
most important rights is the right to dignity embodied under Article 21. This right was
provided so that everyone could live their lives with basic human dignity. Such practices like
‘Manual Scavenging’ were abolished in 1955 by the "Protection of the Civil Rights Act to
ensure that there should be no exploitation of the workmen, especially who belonged to
Scheduled Castes and several other lower casts, and they should not be deprived of their
rights and benefits and thereby declared a punishable offense." in the year 1993. The Right to
Protection of Life, as enshrined in Article 21 of the Indian Constitution, is available to all
citizens and ‘noncitizens.’
• "The Hon’ble Supreme Court, in this landmark judgment in ‘Maneka Gandhi vs. Union of
India1, has widened the scope of Article 21 of the Constitution of India and thus made India a
welfare State. Before Maneka Gandhi’s decision, the position of Article 21was different".
The right to Life was guaranteed only against the executive’s arbitrary action and not the
legislative act. However, after passing this historic judgment, Article 21 protects all citizens
from executive action and legislative acts.
• In the case of “Delhi Jal Board v. National Campaign for Dignity and Rights of Sewerage &
Allied Workers & Ors2.” The Supreme Court passed the landmark judgement emphasizing of
the plight of the disadvantaged sections of the society focusing on the manual scavengers and

1
(1978) 1 SCC 248
2
(2011) 8 SCC 568
18
 sewage workers. The court criticised the centre and state governments for being insensitive
to the safety and well-being of these manual scavengers.
• The Supreme court in the case directed the civic bodies to ensure that the orders passed by
Delhi High Court regarding safety and security of the manual scavengers were immediately
put into action and also paid a higher compensation to the families of the deceased.
• “In the case of Safai Karamchari Andolan v. Union of India and Ors.3, a
writ petition was filed as a PIL asking for the strict enforcement and
implementation of the Employment of Manual Scavengers and Construction of Dry
Latrines(Prohibition) Act, 1993.” The fundamental rights guaranteed by the constitution
under Articles 14, 17, 21 and 47 were also brought into question in this case.
• The Supreme Court ordered to award a compensation of RS. 10 Lakhs each to the family
members of the people who lost their lives while on the job doing manual scavenging since
1993. The court further also gave some guidelines for the prevention from such inhuman
practice.
• In Chinnamma and Ors. v. State of Karnataka and Ors4. Chenchaiah
died of asphyxia while cleaning a drain as a result of drowning. The High Court
awarded compensation of Rs 2 lakh to the family of victim for the purpose of
rehabilitation.
• Justice Ashok B. Hinchigeri gave precedents of the Delhi Jal Board and Safai
Karamchari Andolan case, said that manual scavengers risk their lives for the
comfort of the others. He said that when courts can spend months to hear the
elitist class than the court can certainly take some time out to hear grievances of
the vast majority of silent sufferers.
• Barve committee report – one of the earliest official interventions to look into
the working conditions of the manual scavengers. It was formed in 1949. It
established that ‘Bhangis’ were not traditionally scavengers, they undertook this
activity for earning profit, thus enjoying monopoly in this ‘business’ .
• The scavenging conditions enquiry committee ( Prof. N.R Malkani
Committee 1957): The committee had made a comprehensive study of the
problems and submitted its report in 1960. It also recognised that ‘the best system
for disposal of night-soil through mechanised means is the flush out latrines, but
unfortunately introduction of this throughout the country requires lot of funds and
seems outside the scope of practicability in the foreseeable future’. The
committee made a number of recommendations including one of the major
recommendations towards the improvement of working and service conditions of
scavengers by introduction of mechanical tools such as wheel barrows, scrappers’
rubber gloves, boots etc. as well as construction of houses and infrastructure
facilities like water supply, electricity in their localities. One more important
suggestion was that scavengers should be paid wages according to Minimum
Wages Act and other allowances, benefits and condition of work should be given
to them also by the local authorities.
• The report of task force for tackling the problems of scavengers (Planning
commission, Government of India 1990-1991) : This commission
recommended a time bound programme to convert all dry latrines by the end of
the eighth plan, and the elimination of scavenging was to be achieved by the end
of 8th plan with an annual outlay of Rs 110 crores and that the conversion of dry

3
(2011) 15 SCC 611

19
 latrines must be given the force of law and legislations.
• Recommendations of the National Advisory Council ( NAC ) : Constituted
in 2010, it required the Central government to undertake a new resolution to
abolish manual scavenging at the end of 11th plan. The resolution also included
new surveys in every state and UT, demolition of dry latrines, psycho-social and
livelihood rehabilitation in modern marketable skills of all manual scavengers
and their families, special education programme for higher and computer
education and to amend the law to provide for a much clearer definition of manual
scavenging and accountability of public officials.
• The Self-Employment Scheme for Rehabilitation of Manual Scavengers
(SRMS) was introduced in January, 2007, with the objective to rehabilitate the
remaining manual scavengers and their dependents in alternative occupations by
March, 2010. As per the updated data, after launch of the Scheme, almost 1.5 lakh manual
scavengers and their dependents in 18 States/UTs were identified for implementation of the
Scheme. After the enactment of ‘Prohibition of Employment as Manual Scavengers and their
Rehabilitation Act, 2013’, SRMS was revised in synchronization with the provision of the
Act.
• National Commission for Safai Karamcharis Act, 1993: It extends to the
whole of India ( including the state of Jammu Kashmir after 2019 ). It was to
cease to have effect after February, 2004, but the central government through
various acts of parliament have extended the tenure. (Latest extension being on
January 2022, for a period of three years). The Commission will be constituted
by members which included a chairperson, vice-chairperson and 5 members
appointed by the Central Government , and at least one of them has to be a
woman. It now exists as a non-statutory body.

20
 Conclusion
From the above discussion, we conclude that manual scavenging is a practice which is a social evil,
it has been there since ancient times, lots and lots of administrative changes were administered in
the country but this was not looked upon let alone be given a thought, the data collected reflects the
truth about the subject regarding the misrepresentations by the government, the working conditions
of the manual scavengers, the risky nature of the job, it also paints the picture regarding the
intertwining of the caste system and the menial, inhumane job of manual scavenging. We see that
the government has tried to improve the situation of the manual scavengers through The
Prohibition Of Employment As Manual Scavengers And Their Rehabilitation Act, 2013 and
The Scheduled Castes and Scheduled Tribes Act (Prevention of Atrocities), 1989. The
government also established various commissions and tribunals to help the manual scavengers
financially and other ways. Out of many schemes and governmental projects to uplift and educate
this section of society, only a meager amount of schemes reach the people, in reality, thus giving
rise to a slow process of development. This needs to be changed, as, after so many years of banning
the practice of manual scavenging, it is continuing not just in rural areas but majorly in urban hubs
like Mumbai and Delhi. The practice of manual scavenging is made a part of a generational
occupation of people from lower castes, and breaking away from its shackles is highly difficult for
them due to minimal support from the government and society as a whole. People in modern society
in today's age still consider this practice a part of the duty of lower caste people. Every sewer
cleaner's story needs to reach our country's youth so that the ground realities change and real
upliftment takes place. The number of deaths of manual scavengers is elucidated below in the
research paper, it presents a horrifying picture of the reality, but the reality is much gorier. The
number of undocumented deaths of manual scavengers is very high, according to many
nongovernmental organizations. The situation is too bad that sewer cleaners have seen other people
entering the septic tanks and dying in front of their eyes due to the lack of safety nets and costumes
provided by municipal corporations. Inside the sewer and septic tanks, there are many harmful gases
which are present, like hydrogen sulfide, ammonia, methane, and ester; the combination of these
gases, if not fatal in all cases, still manages to damage the lungs of manual scavengers who are
forced to go inside these metaphorical gas chambers. The need for money overtakes the fear of
death in the minds of the people of this section of society; due to no employment opportunities
provided to them, they are not left with any option but to choose this profession as their means of
livelihood.

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The Prohibition of Employment as Manual Scavengers and Their Rehabilitation Act makes the
employment of human sewer cleaners without 'protective gear' and 'safety precautions' a punishable
offense. As per the act, the employer is supposed to provide 44 pieces of protective gear such as a
full body wader suit, hand gloves, safety belt, searchlight, and breathing apparatus, among others.
However, as per many statistics and surveys, the number of employers offering these to manual
scavengers is minimal. This results in an increasing number of deaths that have not decreased. Let
us consider just one state like Karnataka, According to recent estimates. There are about 50000 safai
karamcharis, out of which there are 33000 safai karamcharis who are regularly and proactively
seeking jobs from the government and have been in this tussle for social security for a long.
However, out of it, only 11000 have been offered stable jobs; the rest are left to arrange for
themselves. The question of why manual scavenging persists in 21st-century India is a worrying
one, and it needs to be answered by the authorities quickly before any more fatalities turn up and
blot our society. The labor of manual scavengers is deeply stigmatized, and their profession is
considered to be of no dignity; they are not paid a justifiable and equitable salary, and they are not
provided any safety gear too; this is a clear illustration of modern untouchability; which is invisible
from the eyes of the elite class who sits in ivory towers. This issue must be dealt with urgently to
avoid any more harmful consequences.

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 Way Forward
There are only two ways forward, the government should either try to abolish the practice of manual
scavenging it self stringently or atleast try and separate it from the casteism involved in it and we as
a society need to grow and remove it from the taboo topics by spreading awareness, abolishing
untouchability of the people involved and treating it as an actual job.

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 References
• https://legislative.gov.in
• https://pib.gov.in
• https://tribal.nic.in/actRules/preventionofAtricities.pdf
• https://www.downtoearth.org.in/blog/rural-water-andsanitation/
banning-manual-scavenging-in-india-a-long-complex-passage-73441
• https://timesofindia.indiatimes.com/readersblog/justcorporatethings/manual-scavenging-
violation-of-article-21-37191
• https://www.india.gov.in/
• https://pib.gov.in/PressReleaseIframePage.aspx?PRID=1794770
• https://www.indiacode.nic.in/handle/123456789/1945?sam_handle=123
456789/1362
• V.D Kulshreshtha
• R.N Shrivastava

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