Supreme Court Action on Manual Scavenging

1. The Supreme Court of India recently sought an Action Taken Report (ATR) regarding its directions issued in the Dr Balram Singh V. Union of India & Ors (2023) case.

2. The case centers around the need to eradicate manual scavenging and improve the conditions of sewage workers across the country.

Directions Issued in Dr Balram Singh V. Union of India & Ors (2023) Case

The Apex Court directed the Union Government, State Governments, and Union Territories to take several measures to tackle the issue of manual scavenging:

1. Eradication of Manual Scavenging: Immediate steps must be taken to eliminate manual scavenging and hazardous cleaning practices across the country.

2. Rehabilitation Measures: Full rehabilitation for sewage workers and their families, including:

1. Employment opportunities for the next of kin
2. Education for the children of deceased workers
3. Skill training for the families of sewage workers

3. Enhanced Compensation:

1. Compensation for sewer deaths was increased to ₹30 lakh from the earlier ₹10 lakh.
2. Compensation for sewer victims who suffer disabilities was enhanced to ₹20 lakh from the previous ₹10 lakh.

4. National Survey: The Supreme Court directed the government to conduct a comprehensive national survey within one year to identify manual scavengers across states and union territories.

5. Coordination of Agencies: The National Commission for Safai Karamcharis (NCSK), National Commission for Scheduled Castes (NCSC), National Commission for Scheduled Tribes (NCST), and the Union Government are required to coordinate and prepare training and education modules to be used by district and state-level agencies, in accordance with the 2013 Act.

About Manual Scavenging According to the Prohibition of Employment as Manual Scavengers and their Rehabilitation (PEMSR) Act, 2013, manual scavenging refers to the practice of manually cleaning, carrying, or handling human excreta from insanitary latrines, open drains, or pits. Manual scavenging has been officially banned since 1993 under the Employment of Manual Scavengers and its Prohibition Act, 1993. As of 31st July 2024, 732 out of 766 districts in India have reported themselves as manual scavenging-free.

Government Steps to End Manual Scavenging

1. Legislative Measures:

1. Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013:
   • Prohibits employment as manual scavengers and provides for the rehabilitation of manual scavengers and their families.
   • Every offence under this Act is cognizable and non-bailable.
2. Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition) Act, 1993: Prescribes punishment for individuals who employ manual scavengers or construct dry latrines/toilets.
3. Other Relevant Acts:
   • The Protection of Civil Rights Act, 1955
   • The SC/ST (Prevention of Atrocities) Act, 1989

2. Schemes to Support Rehabilitation:

1. NAMASTE Scheme (2023):
   • A Central Sector Scheme implemented by the National Safai Karamchari Financial Development Corporation (NSKFDC) under the Ministry of Social Justice.
   • Aims to ensure the safety, dignity, and rehabilitation of hazardous sanitation workers.
2. Swachh Bharat Mission (Urban 2.0): Rs 371 crore approved for release to states for acquiring machines and improving mechanization in smaller towns.

3. Dedicated Institutions:

1. National Commission for Safai Karamcharis (NCSK): Initially created as a statutory body in 1994 but later became a non-statutory body under the Ministry of Social Justice after the Act lapsed.
2. National Safai Karamchari Financial Development Corporation (NSKFDC): Established in 1997, it operates as a non-profit company under the Ministry of Social Justice to uplift Safai Karamcharis through various loan and non-loan-based schemes.

Way Forward:

1. Suggestions by the National Human Rights Commission (NHRC):

1. Distinction Between Sanitation Workers and Manual Scavengers: The NHRC suggests clarifying the distinction between sanitation workers and manual scavengers in the 2013 Act.
2. Regulation of De-sledging Market: Empanelment and regulation of the de-sledging market to ensure safer practices.
3. Safety Gear and Awareness Workshops: Providing necessary safety gear to workers and conducting awareness workshops about safe practices.
4. Support for Technological Innovations: Providing financial assistance to innovators working on technological solutions for hazardous waste cleaning.

2. Technological Intervention: Modern sanitation technologies, such as automated sewer cleaning machines and robots, can significantly reduce dependence on human labor for cleaning sewers and septic tanks.
   • Example: Kerala’s Bandicoot, a robotic scavenger, represents a successful technological intervention.
3. Upgrading Sanitation Infrastructure: Investments in improved sanitation infrastructure, including advanced sewage and sewage treatment systems, will help reduce the need for manual labor.
4. Survey and Identification of Manual Scavengers: Periodic surveys should be conducted to identify manual scavengers across India, ensuring they benefit from rehabilitation schemes. The last survey was conducted in 2018.

While legislative measures, schemes, and dedicated institutions have been set up to tackle manual scavenging in India, continued efforts are necessary to completely eradicate this practice. The Supreme Court’s directions in the Dr Balram Singh V. Union of India & Ors (2023) case, alongside technological advancements and stronger regulatory frameworks, offer a path forward toward eliminating manual scavenging and improving the dignity and safety of sanitation workers.

 

Also Read
Public Administration Optional	UPSC Daily Current Affairs
UPSC Monthly Magazine	Question Answer Practice For UPSC
Free MCQs for UPSC Prelims	UPSC Test Series
ENSURE IAS NOTES	Our Booklist