Only 508 Districts of India has declared themselves as Manual-Scavenging Free

Only 508 Districts of India has declared themselves as Manual-Scavenging Free

07-06-2023

 

Latest Context:

Recently, the Union Ministry of Social Justice and Empowerment highlighted that only 508 out of 766 districts of India has declared themselves as manual-scavenging free. This gap raises concerns about the true extent of manual scavenging and the effectiveness of government efforts.

So, What is Manual Scavenging?

  • Manual scavenging is defined as “the removal of human excrement from public streets and dry latrines, cleaning septic tanks, gutters, sewers etc”.
  • In India, manual scavenging has been a long-standing issue, although it has been officially banned since 1993.
  • Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013 (PEMSR) is an important act in this regard.
  • The Act recognizes manual scavenging as a “dehumanizing practice”.
  • The Act bans the employment of any individual for manual cleaning, carrying, disposing of or otherwise handling in any manner human excreta till its disposal.

What are the Reasons for the Prevalence of Manual Scavenging?

  • Lack of Technology: In India, most municipalities do not have the latest machines for cleaning the sewage systems and thus, sewage workers are required to enter the underground sewerage lines through manholes.

  • Lack of Education and Resources: Due to lack of basic amenities, education, and employment opportunities, manual scavengers are compelled to do their job, and even society does not accept them for community activities.

  • Lack of Acceptance: A number of independent surveys have talked about the continued reluctance on the part of state governments to admit that the practice still prevails under their jurisdiction.

  • Lack of safeguards: Many times, the local bodies outsource sewer cleaning tasks to private contractors. However, many of them works as ‘fly-by-night operators’ and do not maintain proper record of sanitation workers. In case the worker dies while working then these contractors denies any association with the deceased.

  • Historical Roots: The practice is driven by caste, class and income too. It is linked to India’s caste system, where so-called lower castes are expected to perform this job. In 1993, India banned the employment of people as manual scavengers (The Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition) Act, 1993), however, the stigma and discrimination associated with it is still alive.

What are the Constitutional Safeguards and Legal Provisions available for Manual Scavengers?

      • Constitutional Safeguards: The Constitution of India guarantees several rights and protections for manual scavengers such as:

Article 14: Equality before the law and equal protection of the laws.

Article 17: Abolition of untouchability and prohibition of its practice in any form.

Article 21: Protection of life and personal liberty.

Article 23: Prohibition of traffic in human beings and forced labour.

      • Legal Provisions: The Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013 is the main legislation that aims to prohibit and eliminate manual scavenging in India. It prohibits the employment or engagement of anyone as a manual scavenger and also prohibits anyone from constructing or maintaining insanitary latrines.

About the Steps taken to tackle the Issue of Manual Scavenging are:

  • Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989: In 1989, the Prevention of Atrocities Act became a ‘Safety Guard’ for sanitation workers as more than 90% people who are employed as manual scavengers belonged to the Scheduled Castes. So, this act became an important landmark to free forceful manual scavengers from their traditional occupations.

  • The Building and Maintenance of Insanitary Latrines Act of 2013:

a) It prohibits construction or maintenance of unsanitary toilets, and the hiring of anybody for their manual scavenging, as well as hazardous cleaning of sewers and septic tanks.

b) It also leaves a responsibility on the government to provide alternative jobs and other assistance to manual scavenging communities.

  • The Prohibition of Employment as Manual Scavengers and their Rehabilitation (Amendment) Bill, 2020:

a) It proposes to completely mechanise sewer cleaning, introduce ways for ‘on-site’ protection and provide compensation to manual scavengers in case of sewer deaths.

b) It will be an amendment to The Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013.

    • Safaimitra Suraksha Challenge:

a) It was launched by the Ministry of Housing and Urban Affairs on World Toilet Day (19th November) in 2020.

b) The Government launched this “challenge” for all states to make sewer-cleaning mechanised by April 2021 and if any human needs to enter a sewer line in case of unavoidable emergency, proper gear and oxygen tank should be provided.

  • Swachhta Abhiyan App: It has been developed to identify and geotag the data of insanitary latrines and manual scavengers so that the insanitary latrines can be replaced with sanitary latrines and rehabilitate all the manual scavengers to provide dignity of life to them.

  • National Action Plan for Mechanised Sanitation Ecosystem (NAMASTE): The NAMASTE scheme is being undertaken jointly by the Ministry of Housing and Urban Affairs and the MoSJ&E and aims to eradicate unsafe sewer and septic tank cleaning practices.

 Conclusion and Way Forward

  • Manual scavenging is both a violation of human rights and a disgrace to humanity at large. State governments should therefore identify the workers who clean toxic sludge on a priority basis to ensure effective policy implementation.
  • The Swachh Bharat Mission was identified as a top priority area by the 15th Finance Commission and funds available for smart cities and urban development will surely help in addressing the issue of manual scavenging.
  • To handle the social sanction behind manual scavenging, it is required first to acknowledge and then understand how and why manual scavenging continues to be the part of Indian caste system.
  • Conducting workshops with the locals will assist the officials in spreading awareness regarding the legal implications that are related to engaging in Manual scavenging.
  • The state and the society need to take active interest in the issue and look into all possible options to accurately assess and eradicate this practice.
  • With the help of robotics and artificial intelligence, machines can be devised that can replace humans in manual labour.

Q. ‘Rashtriya Garima Abhiyaan’ is a national campaign to (2016)

(a) rehabilitate the homeless and destitute persons and provide them with suitable sources of livelihood

(b) release the sex workers from their practice and provide them with alternative sources of livelihood

(c) eradicate the practice of manual scavenging and rehabilitate the manual scavengers

(d) release the bonded labourers from their bondage and rehabilitate them

Ans: (c)

 


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