MANUAL SCANVENGING: “In India, every five days, a manual scavenger dies in a sewer,

septic tank or a manhole," the report from the National Commission for Safai Karmacharis
(NCSK) related to data about shocking facts on the pattern of the deaths of manual scavengers.
The data obtained by Safai Karamchari Andolan for 2017-2018 found the average age of
deceased sewer workers to be around 32 years.

Not only this, but according to the Census of 2011, there are more than 2.6 million dry latrines in
the country. There are 13,14,652 toilets where human excreta is flushed in open drains, 7,94,390
dry latrines where human excreta is cleaned manually. This practice is not only problematic
given the right to health and the right to life; it is also a threat to human dignity and raises
questions of discrimination and casteism. Although the practice is outlawed by the Employment
of Manual Scavenger & Construction of Latrines (Prohibition) Act, 1993, and Prohibition of
Employment as Manual Scavenger & their Rehabilitation Act 2013, it continues to plague the
downtrodden sections of the society.

Central Government enacted a law on Employment of Manual Scavengers and Constructions of

Dry Latrines (Prohibition) Act, 1993 and The National Commission for Safai Karamcharis Act,
1993 but they were not properly implemented rather not at all. Looking at this dehumanizing
practice of manual scavenging and failure of existing law, Central Government enacted a new
law called The Prohibition of Employment as Manual Scavengers and their Rehabilitation Act,
2013 on September 18, 2013 which is still not being implemented.

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...”

Manual scavenging still survives in parts of India without proper sewage systems. It is thought to
be most prevalent in Gujarat, Madhya Pradesh, Uttar Pradesh, and Rajasthan. Some
municipalities in India still run public dry-toilets.

The biggest violator of this law in India is the Indian Railways which has toilets dropping all the
excreta from trains on the tracks and they employ scavengers to clean it manually.

National Commission for Safai Karamcharis:- With the lapsing of the “The National
Commission for Safai Karamcharis Act, 1993” w.e.f. 29.2.2004, the Commission is acting as a
Non-Statutory body of the Ministry of Social Justice and Empowerment whose tenure is
extended from time to time through Government Resolutions.
As per Information received by the Commission about number of Sewer Deaths &
Compensation paid since 1993 to 05th July 2019 (Report attached with mail) a total number of
814 deaths have occurred between this period.

Among these 814 deaths, as many as 110 manual scavengers lost their lives in 2019 while
cleaning sewers and septic tanks across the country, with highest 21 such deaths reported in Uttar
Pradesh1.

Some scope of improvement in the 2013 Act include:-

The act of 2013 under Section 2(g) provides that in cases where protective gear is provided, the
person employed to do the task would not be deemed as a manual scavenger, which is a flawed
provision. The responsibility to provide for such safety gear rests upon the employer. Most of the
municipal cleaning is outsourced, and thus, this responsibility falls on the private employers who
fail to comply with the provisions under Rule 5 of the Act.

Another question is whether these safety tools are useful enough to protect the workers from life-
threatening diseases like hepatitis, typhoid, cholera, jaundice, and other toxic gases. Thus, the
issue needs to be revisited by the parliament. Another issue is the provision of treating these
cases as a summary trial as it would compromise on the gravity of the offense. The act fails to
prescribe the time for the conversion of insanitary latrine into sanitary ones. Thus, the time must
be specified.

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

Bill, 2020, has been a “hidden” Bill. Based on Social Justice and Empowerment Ministry’s
National Action Plan this bill based on this Action Plan emphasizes on the eradication of manual
scavenging in India through complete mechanization of sewer cleaning2.

BACKGROUND:-

In 2009, the special rapporteurs constituted by the sub-commission on the promotion and
protection of human rights studied the issue of discrimination based on work and descent at a
global level. The report of the special rapporteurs, which contains draft principles and guidelines
for the Effective Elimination of Discrimination Based on Work and Descent, is one of the major
developments in evolving norms and standards regarding discrimination based on work and
descent or caste. Discrimination (Employment and Occupation) Convention, 1958 which deals
with issue of work-related discrimination and promotes the equality in employment and
occupation and also this convention states that government needs to adopt the laws for
combating discrimination through creation of educational programmes for equal opportunity,
1
https://www.news18.com/news/india/110-deaths-due-to-manual-scavenging-in-2019-minister-tells-rajya-sabha-
2541793.html
2
https://indianexpress.com/article/opinion/failing-the-sanitation-worker-again-manual-scavengers-bill-6605096/
adoption of national policy on equal opportunity, full cooperation with employers and workers
organisation.

International Labour Organisation (ILO) has adopted Forced Labour Convention, 1930 to
suppress the use of forced or compulsory labour in all its forms. The annual report of the
Committee on the Elimination of Racial Discrimination of the UN expressed serious concern
about the deplorable conditions of manual scavengers in India, including their concern over the
large number of Dalits forced to work as manual scavengers3.

Under the Untouchability (Offences) Act, 1955 later revised to Protection of Civil Rights Act,
1955, the practice of untouchability was made both cognizable and non-compoundable offence
and stricter punishment was provided for the offenders.

The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, came
into force on January 31, 1990, where the main objective was to prevent the commission of
offences of atrocities against the members of the scheduled castes and the scheduled tribes, to
provide for special courts for the trial of such offences and for the relief and rehabilitation of the
victims of such offences and for matters connected therewith or incidental thereto. The Act was
further strengthened, in relation to manual scavengers, by the recent amendments4.

The Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition)

Act, 1993, provides for the prohibition of employment of manual scavengers as well as
construction or continuance of dry latrines and for the regulation of construction and
maintenance of water sealed latrines and matters connected therewith. It was replaced by the
PEMSR Act, 2013.

National Commission for Safai Karamcharis Act, 1993, is a welfare legislation enacted for
the welfare of persons engaged in cleaning and plumbing jobs in various state departments.
Section 31 of the PEMSR Act bestows statutory responsibility on the National Commission for
Safai Karamchari to monitor the implementation, enquire into the contraventions and non-
implementation of the PEMSR Act, 2014.

Various Commissions and Committees were formed National commission for schedule caste,
Barve Committee, Kaka Kalekar Commission, Central harijan welfare board which later formed
the Malkani Committee, Committee on customary Rights, Pandya Committee5.

3
Provided in the UN Report attached with the mail on Page 49 of the pdf.
4
The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015 (Act no. 1 of
2016)
5
Discussed in detail in documents provided in attached files.
CASES:-

#Delhi Jal Board v. National Campaign for Dignity & Rights of Sewerage& Allied
Workers6
In the present case, the Supreme Court passed a landmark judgment identifying and highlighting
the apathy and plight of the disadvantaged sections of the society, particularly the scavengers and
sewage workers, who risk their lives by going down the drainage without any safety equipment
and security and have been deprived of fundamental rights to equality, life and liberty for last
more than six decades.
The Court also criticized the government and the state apparatus on being insensitive to the
safety and wellbeing of those who are, on account of sheer poverty, compelled to work under
most unfavorable conditions and regularly face the threat of being deprived of their life. Supreme
Court also snubbed the elitist mindset of the wealthy class with regard to public interest litigation
/ Pro Bono litigation and not only directed to pay higher compensation to the families of the
deceased, but also directed the civic bodies to ensure immediate compliance of the directions and
orders passed by the Delhi High Court for ensuring safety and security of the sewage workers.

#Safai Karamchari Andolan & Ors. v. Union of India & Ors.7

The Supreme Court in this case deprecated the continuance of manual scavenging in the country
in blatant violation of Article 17 of the Constitution of India by which, “untouchability is
abolished and its practice in any form is forbidden”. The court was emphatic about the duty cast
on all States and Union territories “to fully implement (the Law) and to take action against the
violators. In a significant endorsement of concerns raised by Safai Karmachari Andolan, the
Supreme Court directed the government to, “Identify the families of all persons who have died in
sewerage work (manholes, septic tanks) since 1993 and award compensation of Rs.10 lakhs for
each such death to the family members depending on them”. The judgment has been given by
Supreme Court Bench headed by Chief Justice P Sathasivam.

6
2011 (8) SCC 568.
7
(2015)1WBLR(SC )179