Documenti di Didattica
Documenti di Professioni
Documenti di Cultura
AIGKU 2014
Prepared by
Abha Arya, SSS Councillor, JNUSU
V. Arun Kumar, SIS, JNU
for All India General Kamgar Union- (Reg. No.3271) JNU Unit
Email: aigku.india@gmaiI.com
Ghosh.agnitra@gmail.com
The worker becomes poorer the more wealth he produces The devaluation of
the human world grows in direct proportion to the increase in value of the
world of things - Karl Marx
"What you have lost others have gained. Your humiliations are a matter of pride with
others. You are made to suffer wants, privations and humiliations not because it was
pre-ordained by the sins committed in your previous birth, but because of the
overpowering tyranny and treachery of those who are above you. You have no lands
because others have usurped them; you have no posts because others have monopolised
them. Do not believe in fate; believe in your strength."
- Babasaheb Dr. B.R. Ambedkar
Contents
Introduction............................................................................................... 1
Manual Scavenging and Hazardous Cleaning .............................. 2
JNU: Invisible Lives in the Sewer ...................................................... 5
The Unseen lives ................................................................................... 10
The fallacy of Swachh Bharat Abhiyan:....................................... 12
Action-Plan .............................................................................................. 14
Demands .................................................................................................. 21
Introduction
Jawaharlal Nehru University is considered to be one of the most prestigious
universities in India. Spread across one thousand acres of lush green stretch,
JNU is best known for its
quality research and active
politics. Life in the university is
always active and kicking with
departmental
seminars,
general
manual
scavenging
and
and
removing
human
waste
and Construction of Dry Latrines (Prohibition) Act, 1993) but this law has
always been observed in contravention. To understand the existence of such
inhuman and degrading practices in this 21st century one has to look into
the relation between the practices of manual scavenging and caste
discrimination.
Manual Scavenging is the practice of manual cleaning of human excreta from
insanitary/ dry latrine. Manual scavenging means the picking up of human
excrement by another human with his/ her hands2. Bhasha Singh explains
this horrendous act in her book Unseen is done in two ways; first,
scavengers clean the dry latrines by gathering human excreta in some vessel
and throw it in some specific place; second, scavengers clean the septic tank
(or sewage pits) which functions as waste disposal in toilets in somebodys
home or municipality. The law specifies that even cleaning sanitary
latrines with bare hands amounts to manual scavenging. This practice
can be seen in the entire country in one or the other form. Caste system and
practices of manual scavenging are a phenomenon existing in Indian
Subcontinent.
Scavengers
are
the
most
group of people lives their entire life like this and remain in the lowest
strata of the society. The defenders of the caste society may call this
segmentation as division of labour. But as Dr. B.R. Ambedkar3 argues, caste
system is not merely division of labour but is also a division of labourers. It
is hierarchy in which the division of labourers are graded one above the
other. Manual scavengers continue this apathetic job from generations as
their children do not get proper education and environment. Ultimately,
this work is imposed upon them, which push them to lowest stratum of
social hierarchy. As we know the tasks are appointed in advance on the
basis of the social status of their parents. These occupations are not based
on choice but the dogma of pre destination, where the caste system will
not allow Hindus to take to occupation where they are wanted if they do not
belong to them by hierarchy4. The defenders of caste system, which we
have seen recently that our macho Prime Minister Narendra Modi making
statements that manual scavenging is a spiritual experience, argues that
varnasrama system increases economic efficiency. This argument has long
been negated by Dr. Ambedkar mentioning, caste Hindus have vested
interest in untouchability. This vested interest takes the shape of economic
exploitation such as forced labour or cheap labour, that may not necessarily
involve reason. As when reasons come into conflict with vested interest, it
fails5. An occupation which is against the will of a person or reason of
system can have several negative effects. This led to a constant desire to
escape from the occupation which have blighting effect and stigma attached
to it. After saying this much, we should ask the defenders of caste system,
what efficiency will it yield? Dr. Ambedkar argues, as an economic
organization caste is therefore a harmful institution, inasmuch as, it involves
I come out of the sewer with human waste all over me. I dont
even get a soap to clean myself. It seems only death can remove
this stench from me.
-
ibid
Sewer materials are highly toxic and contain poisonous and inflammable
gases. Personnel involved in operation & maintenance of sewerage systems
are often exposed to various types of occupational hazards like7
Physical injuries,
Oxygen deficiency
the
cognizance
this
of
serious
issue
had
asked
authorities
to
provide
protective and
safety
Draft Safety Manual for Construction and Maintenance of UGD Lines and Septic tanks in the
limits of Urban Local Bodies, 2012 of Government of Karnataka
8
ibid
9
Writ Petition (Civil) No. 583 Of 2003 , Civil Appeal No.5322 Of 2011
these
workers
judgements11
right
to
have
In the judgement of Gujarat High Court, Praveen Rashtrapal, I.R.S. vs Chief Officer, Kadi
Municipality on 15 February, 2006 [ (2006) 3 GLR 1809]
11
Supreme Court judgement 1995 AIR 922, 1995 SCC (3)42
10
Contract workers are denied their basic right for a healthy environment and
right for protective equipment provided by law. JNU administration refuses
to provide even the basic first aid and health facilities for sanitation
workers. Workers normally have approach students for first aid in case of
small injuries. For severe wound or illness, they often have to approach
private clinics because of non-issuance of ESI cards by contractors. This was
the case with Anjus husband (see photo below) working in JNU when he
was bitten by some poisonous insect leading to serve skin and stomach
infection. As the contractor failed to provide ESI card as mandated by law,
he was not able to avail the health facility at ESI clinic and in the end had to
go to a private clinic spending half of his salary for treatment. Such cases of
infringement of rights of the workers happen in JNU despite repeated
reminders to JNU administration to ensure that contractors abide by
labour laws. JNU administration remains mute spectator.
11
the glorified picture of Modi and his top officials cleaning dried leaves with
brand new brooms which seemed more like well co-ordinated photo-op
instead of cleaning. The campaign attempts to glorify and spiritualize the act
of cleaning, but ignores those who in our country have traditionally engaged
in cleaning.
In this campaign, there is no mention of the entire section which is involved
in the cleaning chores, which consists of particular castes. A large number of
workers are engaged in cleaning toilets without protective equipment, the
conditions of sewage workers are particularly bad. The intervention of
modern technologies in the landscape of sanitation may have stopped the
use of dry latrines and caused the gradual shift towards sanitary latrines to
some extent. But what have never changed are the lives of millions of
manual scavengers belonging to particular castes who are considered
untouchables in the Indian society. What remains unchanged is the
occupation of these manual scavengers who earlier used to clean dry
latrines with their bare hands (which still continues) and now clean sewers
and septic tanks manually. They are still tied to the caste equation that is
associated with cleaning and sanitation work in India. This campaign fails to
address even the basic social and political problems of the manual
scavengers and sanitation workers.
These workers are employed mostly through contractors in both private
and public institutions. The responsibility of the contractors is to provide
labour for cleaning but these contractors as well as the JNU administration
(the principal employer) have always failed to ensure timely payment of
salaries and provident fund to the workers. Contractors use bogus excuses
like cost for dress/uniform to steal money from the workers salaries.
There are many workers in JNU who are struggling to get back their dues
(deducted in the name of providing dress etc or stolen through nonpayment of PF amounts).
13
Action-Plan
The Prohibition of Employment as Manual Scavengers and Their
Rehabilitation Act, 2013 came into force on December 06, 2013 and The
Prohibition of Employment as Manual Scavengers and Their Rehabilitation
Rules, 2013 issues by Ministry of Social Justice and Empowerment. Section 7
of the Act stipulates No person, local authority or any agency shall, from
such date as the State Government may notify, which shall not be later
than one year from the date of commencement of this Act, engage or
14
16
The sanitation workers engaged in cleaning of toilets are often clean human
excreta in toilets with just broom sticks. Workers engaged in clearing of
garbage have to use their bare hands to clear garbage containing various
hazardous materials like glass pieces, syringes and also baby diapers,
sanitary pads and animal excreta. In view of the right to life of worker
including right to have healthy environment; right to have protection
against hazards of the employment and right to health following safety
equipment should (with proper stock of supply) be provided to all
sanitation workers;
1. Safety gloves (cut resistance and water proof)
2. Safety Gumboots
3. Face mask
4. Uniform
5. First Aid
Under the Contract Labour (Regulation and Abolition) Central Rule of 1971
(Chapter V- Welfare and Health of Contract Labour), JNU administration as
the principal employer has the obligation to ensure the welfare and health
of contract workers. Section 40 (1) of the act specifies;
The facilities required to be provided under sections 18 and 19 of the
Act, namely sufficient water supply of wholesome drinking water,
a sufficient number of latrines and urinals, washing facilities and
first aid facilities shall be provided by the contractor in the case of the
existing establishments within seven days of the commencement of
these rules and in the case of new establishment within seven days of
the commencement of the employment of contract labour therein.
Further Section 40 (2) stipulates;
17
Modern Technology
The Prohibition of Manual Scavenging Act, section 33 (1) stipulates It shall
be the duty of every local authority and other agency to use appropriate
technological appliances for cleaning of sewers, septic tanks and other
spaces within their control with a view to eliminating the need for the
manual handling of excreta in the process of their cleaning. The use of
modern machinery and technology can help to large extent can help in
minimising the manual cleaning of sewers and septic tanks.
Suction
cum
machine
jetting
(also
in
the
is
modern
and
sceptic
of
human
18
Details from 14 Draft Safety Manual for Construction and Maintenance of UGD Lines and Septic
ibid
19
loosened by pressurized air with the help of the pump and then sucked in a
tank. Once the silt tank is full, the effluent is discharged in the nearby storm
water drain or manhole, and the operation is repeated till the manhole is
cleared off the silt. The silt deposited in the tank is then emptied at the
predetermined dumping spot. This machine is very much useful in desalting
surcharged manholes and in routine course the manholes can be silted
without the workers getting down into the manhole.
The average cost of a combined unit of suction cum jetting machine of
8500 litres capacity (5000 litres jetting, 3500 litres suction) is around
INR 19-20 lakhs (excluding truck chassis)16.
Rehabilitation of Sewage Workers
To pull manual scavengers out of the viscous vortex of caste and economic
exploitation, a proper rehabilitation mechanism is necessary. The Manual
Scavenging act and recent supreme court (Writ Petition (Civil) No. 583 Of
2003) judgement puts down various rehabilitation measures for manual
scavengers which include cash assistance, self-employment schemes,
vocational training and skill development government scholarship for their
children and residential plot.
As Samuel Sathyaseelan argues17;
Sewer workers liberation will come only when we acquire
necessary technological changes, which will then render the
occupation humane, dignified and safe in ways which completely
avoid any direct human contact with excreta. The liberation of
these workers cannot be conceptualised in isolation because they
16
The cost of the equipment is based on two quotations received from suppliers based
in Delhi.
17
Sathyaseelan, Samuel (2013) Neglect of Sewage Workers Economic & Political
Weekly, XLIII (49). 33-37
20
Demands
In view of The Prohibition of Employment as Manual Scavengers and
Their Rehabilitation Act of 2013, Contract Labour (Regulation &
Abolition) Central Rules of 1971, Supreme Court judgements viz. Writ
Petition (Civil) No. 583 Of 2003, Civil Appeal No.5322 and Consumer
Education & Research Centre vs Union Of India & Others of 2011, the
practices of manual scavenging and hazardous cleaning is a crime. JNU
administration being the principal employer should take recognition
of the practices of manual scavenging and hazardous cleaning
happening in JNU campus and has following obligations ;
1. Abolishing manual scavenging and hazardous cleaning of
sewers and septic tanks in JNU campus
2. Use of modern technology (like suction machine, jetting
machines etc.) for cleaning of sewers and septic tanks.
3. Rehabilitation of all sewage workers in JNU
4. Providing all protective and safety equipment as specified in
The Prohibition of Employment as Manual Scavengers and
Their Rehabilitation Rules of 2013. Providing safety gloves
(rubber), safety gumboots and facemasks to all sanitation
workers in JNU.
5. Providing medical facility to all workers in JNU.
21
By the time the report had been prepared the university administration had
been forced to concede to few demands of the workers and provide some
protective clothing/equipment to the sanitation workers. This happened
because of the consistent and combined struggle of workers, students and
teachers; it still remains a distant dream to see JNU become a manual
scavenging and hazardous cleaning free campus. We all need to remain
vigilant so that the JNU administration does not go back on its promises
and build collective struggles towards eliminating such practices and
protecting the rights of the workers.
Manual scavenging is a nationwide problem that will not end with just
ending manual scavenging in JNU. But a successful abolishment of manual
scavenging, and rehabilitation of workers in JNU can act as a model for all
the struggles across the nation for ending manual scavenging and their
rehabilitation. This struggle has to go hand in hand with the struggle to
annihilate caste and ensure rights of all the workers.
22