Legislations

S.no Legislations
1. The Prohibition of Employment as Manual Scavengers and their Rehabilitation
Act, 2013
2. ‘The Employment of Manual Scavengers and Construction of Dry Latrines
(Prohibition) Act’, 1993
3. Constitution of India

Cases

S.No Cases Citation

1. Safai Karamchari Andolan V. Union of India (2011) 15 SCC 611
2. Delhi Jal Board V. National Campaign (2011) 8 SCC 568

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S.NO. INDEX PAGE NO.

1 Introduction 1

2 Research Methodology 2

3 Manual Scavenging 2

4 Initiatives by Governments and other Organization 5

4.1 Features of the Acts 5

4.2 Sanitation Schemes 9

4.3 10
International Labour Organisation

4.4 |International Faecal Sludge Management 11

5 Constitution and Manual Scavengers 12

6 Legal Judgement 12

7 The Problem being faced in the elimination of Manual Scavenging 15

8 Critics 16

9 Guidelines 16

ii
 1. Introduction

Manual Scavenging is a process of removal of untreated human excreta from a

dry toilet or insanitary latrine and moving the excreta using brooms and tin plates, into
baskets, which are carried by them to the disposal site sometimes several kilometres away
without any personal equipment. The people involved in such practice are known as
Manual Scavengers and northern India they are known as Bhangi 1 . It is a practice
enforced upon certain class people of the country by the society, which later became a
traditional occupation where certain people of Scheduled Castes(Dalits) are ordained. The
process is unsafe and exposed to viral and bacterial infection which affects the skin, eyes,
limbs, respiratory and gastrointestinal systems. Sometimes their children are also
involved in scavenging due to this their education and social responsibility becomes a
question. As per the statistics 82% manual scavengers are women 2 . Even though, in
modern times these people desire to leave the profession, their social, economic,
educational and cultural aspects have made it difficult for them to find an alternate
profession. The social stigma of untouchability continues to stick, in one form or the other
largely because of the unclean nature of their occupation. The official definition of a
manual scavenger in Indian law from 1993 is “Manual scavenger” means a person
engaged or employed, at the commencement of this Act or at any time thereafter, 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 railway track or in such other spaces or premises, as
the Central Government or a State Government may notify, before the excreta fully
decomposes in such manner as may be prescribed, and the expression “manual
scavenging” shall be construed accordingly.Manual scavenging is the worst surviving
symbol of untouchability.

1
Cleaning Human Waste “Manual Scavenging,” Caste, and Discrimination in India, www.hrw.org,
October 27, 2015.
2
Id

1
2. Research Methodology

Present research work is based upon secondary data in form of articles, news
clippings, judicial decisions, documentaries on the life of manual scavengers in India.

3. Manual Scavenging

“I work as a Safai Karmachari and I chose this job because I am an illiterate and
I know no other work except this. This job doesn’t have fixed working hours and it varies
from day to day based on the daily work load. Today I am assigned with 5 sites and I must
clean all the 5 sewage and septic tanks before I leave. Though I am working now in my
first site but this site isn’t part of the 5 sites that were assigned to me. I was suddenly
asked by my superior to attend this site on priority as it was an emergency work. Upon
asked why he does not wear gloves while cleaning the sewage; he replied, wearing gloves
causes skin rashes and irritations and my hands become clammy. Moreover, the quality
of the gloves offered to us are sub-standard and they easily get teared. Hence, I mostly
don’t wear gloves at work. Do you get in to the septic tank for cleaning? 10 years ago,
that practise existed and the men got into septic tank to get it cleaned but in recent times
with the help of modern technologies we get the septic tanks cleaned without getting in to
it. Exceptionally, we get into septic tanks based on the need to do so to manually clean it
and that too under the supervision of our higher authorities with necessary safety
arrangements. Are you aware of the benefits under the Government schemes available
for you? No, I am an illiterate and I meagrely know that I entitle for daily wage of Rs.
150 per day upon successful accomplishment of the daily tasks assigned to me. This is all
I get from the employer. No officials have ever told me about or extended any benefits to
me other than the daily wage. How do you manage to survive with the wage of just Rs.
150 per day in a metropolitan city like Chennai? I contribute my daily wage to my family
which has not been enough for running the family. My wife too contributes around Rs.
200 per day to the family by selling vegetables on street. Though we have been meeting
our daily needs with our daily earnings but we borrow money from the local financiers
from time to time to offer education to our children as our earnings are not sufficiently
enough to pay their fees. We do not want our children to suffer like us in the future so we

2
 aim giving them quality education thereby obtain a respectable job. As the banks and the
Leading finance companies do not come forward to lend money to people like us, who are
employed in a temporary job or those who fall below the poverty level, we are compelled
to borrow from local financiers who charge exorbitant interest rates and we could do all
is just pay the monthly interests. Our debt has now mounted to Rs. 300000 and we are
just clueless as how are we going to repay the debts in full. You say, you are a temporary
employee so can you tell me how many years have you been working here? I have been
working for close to 8 years and my job is yet to become permanent. What is it stopping
you from getting permanent on job? I do not know when I will become a permanent
employee and the answer lies with the employer. Do you enjoy this work? I don’t but I
have no other option to move out from here and this is the only job that I think I could
do.”

--- Palani, Perambur Chennai, Tamilnadu, Personal Communication, February 2017

3
The inhuman task of human waste collection. Image source YOUTH KI AWAAZ

3
“All That’s Wrong with the ‘Error’ The Govt. Made in Offering Manual Scavenging as a Job.”,
https://www.youthkiawaaz.com/, August, 2015.

3
 India, there are constitutional and legislative prohibitions on “untouchability” and
manual scavenging. However, women and men continue to be engaged in manually
cleaning human excrement from private and public dry toilets, open defecation sites,
septic tanks, and open and closed gutters and sewers. They usually embark upon manual
scavenging because of traditional caste-based roles that leave them few, if any, alternate
employment options, a situation perpetuated by poor implementation of laws and policies
prohibiting this practice.

Dalits are relegated to the bottom of the caste hierarchy. They have been
traditionally limited to livelihoods viewed as deplorable or deemed too menial by higher
caste groups— including as manual scavengers, leather workers, and cobblers, among
others. Their caste designation also renders them socially “polluted” or “untouchable”
and is used to justify discriminatory practices. Thus, in parts of India, Dalit communities
are still denied access to community water sources, denied service by barbers, served tea
in separate cups, barred from entering shops, excluded from temples, and prevented from
taking part in community religious and ceremonial functions. While India’s constitution
and other laws guarantee equal status for all citizens and outlaws untouchability practices,
various forms of discrimination persist. Even under existing law, Muslim and Christian
Dalits are not included as Scheduled Castes and thus are not eligible for the same
protections as Hindu Dalits under the Scheduled Castes and Scheduled Tribes Prevention
of Atrocities Act, 1989.Political and rights movements have broken some caste barriers,
but caste continues to be used to justify discriminatory, cruel, and inhuman treatment
inflicted upon millions of Indians—especially in areas of rural India where caste-
designation still dictates rigid roles and entitlements.

The Indian government has passed laws and adopted policies aimed at ending caste
discrimination, but has done too little to address widespread failure to implement these
measures and the role of local government officials in perpetuating discriminatory
practices.

The exact number of people who continue manual scavenging is disputed, with
government estimates significantly lower than those by civil society groups. In March

4
 2014, to resolve this, the Supreme Court of India estimated that there are 9.6 million dry
latrines that are still being cleaned manually by people belonging to the Scheduled Castes.
The Social Justice and Empowerment minister, Thaawar Chand Gehlot, told the Indian
parliament in August 2014: “The practice of manual scavenging, arising from the
continuing existence of insanitary latrines, still persists in various parts of the country.”
Neither the Supreme Court estimate, nor Gehlot’s statement, however, consider manual
cleaning of open defecation from roads and other areas, removing excrement flushed into
uncovered drains by private households in rural, semi-urban, and underdeveloped urban
areas, or manual cleaning of private and government septic tanks.4

4. Initiatives by Government and other Organisations

4.1. Features of the Acts and Schemes

The Indian constitution abolishes “untouchability.” It also prohibits caste-based

discrimination in employment. The specific prohibitions on untouchability are set out in
the Protection of Civil Rights Act, 1955, and the Scheduled Castes and Scheduled Tribes
(Prevention of Atrocities) Act, 1989. In 1949, soon after independence, the Indian
government began appointing committees to address manual scavenging. The 1955
Protection of Civil Rights Act made it an offense to compel any person to practice
scavenging.

In the past (before 1980), the main efforts of the Government were concentrated
on improving the working and living conditions of scavengers and not the core problem
of converting dry latrines to pour flush latrines in any systemic manner. In 1908-81, the
Ministry of Home Affairs took up the Centrally Sponsored Scheme for Liberation of
Scavengers by way of conversion of existing dry latrines into low cost pour flush latrines
and providing alternative employment to the unemployed scavengers as one of the
measures for removal of Untouchability and providing financial assistance in
selected towns. A Task Force constituted by the Planning Commission in July 1989 on
the subject suggested for separate scheme for liberation and rehabilitation. It also

4
“Freedom from Manual Scavenging.”, Press Information Bureau, August 14, 2015.

5
 explored the bases for the enactment of certain legislation to ban construction and
continuation of dry latrines and prohibit the practice of manual scavenging. In 1992, the
scheme of ‘Liberation of Scavengers’ was bifurcated. For conversion of dry latrines into
water borne flush latrines, an ‘Integrated Low Cost Sanitation (ILCS) Scheme, was
started. The National Scheme for Liberation and Rehabilitation of Scavengers and
their Dependents (NSLRS) was started for providing alternative employment to the
liberated scavengers and their dependents.

Taking into consideration the seriousness of the problem and the requests of the
State Governments, Parliament enacted the “Employment of Manual Scavengers and
Construction of Dry Latrines(Prohibition) Act, 1993”. The Act, inter alia, provides
that no person shall: -

a) Engage in or employ for or permit to be engaged in or employed for any other

person for manually carrying human excreta; or
b) Construct or maintain a dry latrine5

Self-Employment Scheme for Rehabilitation of Manual Scavengers(SRMS), a

successor scheme to NSLRS, was introduced in January, 2007, as a scheme of national
priority, with the objective to rehabilitate remaining manual scavengers and their
dependents in alternative occupations, in a time bound manner.

a) Definition of manual scavenger as per MS Act, 2013.

b) Provision of one time cash assistance of Rs. 40,000/-,
c) Enhancement of the maximum project cost from the existing Rs. 5 lakh to Rs. 10
lakh, and Rs. 15 lakh in case of sanitation related projects.
d) Enhancement of capital subsidy from the existing maximum Rs. 20,000 to
maximum of Rs. 3.25 lakh, based on the project cost.

5
‘Employment of Manual Scavengers and Construction of Dry Latrines(Prohibition) Act’, 1993

6
 e) Revision of the rate of monthly stipend during training from the existing Rs. 1,000
to Rs. 3,000 and the training period from 1 to 2 years.6

As per the Socio Economic and Caste Census 2011 (SECC-2011) data which is
based on respondent input as revealed by the household to the enumerator and released
by Ministry of Rural Development 1,68,066 respondent households in rural areas reported
themselves as manual scavengers.

Nevertheless, there were reports of existence of manual scavenging. The House

listing and Housing Census, 2011 reported that there are about 26 lakh insanitary latrines
in the country. 7 Accordingly, the Parliament passed the ‘Prohibition of Employment as
Manual Scavengers and their Rehabilitation Act, 2013’ (MS Act, 2013) which came
into effect from 6th December, 2013. This Act intends to, inter alia, achieve its objectives
to: -

a) Eliminate the insanitary latrines.

b) Prohibit: -

i) Employment as Manual Scavengers

ii) Hazardous manual cleaning of sewer and septic tanks.

c) Survey of Manual Scavengers and their rehabilitation, within a time bound

manner.8

As per reports received from the States and Union Territories (UTs) up to
30.11.2015 there are 12,226 identified manual scavengers. In view of the prevalence of
large number of insanitary latrines, the number of manual scavengers identified in the
country is too small. Even the identification of insanitary latrines is not in agreement with
the data of Census, 2011.

6
‘Self-Employment Scheme for Rehabilitation of Manual Scavengers’, January 2007.
7
‘Socio Economic and Caste census’, 2011
8
‘Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013’

7
 Ministry of Social Justice and Empowerment is responsible for rehabilitation of manual
scavengers and it implements the ‘Self Employment Scheme for Rehabilitation of Manual
Scavengers’(SRMS). Ministry of Social Justice and Empowerment has associated reputed
NGOs like Safai Karamchari Andolan, Rashtriya Garima Abhiyan, Sulabh International
etc. for identification of manual scavengers and their rehabilitation.

The Ministry has assigned the responsibility of rehabilitation of the identified manual
scavengers to the National Safai Karamcharis Finance and Development Corporation.
Under SRMS, so far, out of the identified about 12,226 manual scavengers, One Time
Cash Assistance of Rs. 40,000/- has been credited into the bank accounts of about 7,346
manual scavengers. However, despite having an attractive SRMS Scheme, the task of
comprehensive rehabilitation of the identified manual scavengers and their dependents is
not picking up.

Ministry of Drinking Water & Sanitation under its Swachh Bharat Mission(Gramin)
{SBM(G)} provides for an assistance of Rs, 12,000/- (Rs. 9,000/- as Central grant and
Rs. 3,000/- State/UT contribution). Although SBM(G) also targets identification of
insanitary latrines and their conversion, the pace of implementation of the Scheme does
not match with the targets of eradication of manual scavenging. Under SBM(G), so far
1.89 lakh insanitary latrines have been identified, of which 1.56 lakh are dry toilets and
1.13 lakh have been converted into sanitary latrines. About 0.55 lakh dry toilets are yet
to be converted into sanitary toilets.

Ministry of Urban Development, under the Swachh Bharat Mission(Urban)

provides a grant of Rs. 4000/- for conversion of insanitary latrine. The provision of the
remaining fund for conversion will be made by the States/UTs.9

Under Indira Awas Yojana of the Ministry of Rural Development, there is

provision aiding for the construction of new houses and upgradation of kuchcha or
dilapidated houses. Assistance of up to Rs. 75,000/- it provided to the eligible households.
A provision has been made under Indira Awas Yojana for special coverage of identified

9
‘Swachh Bharat Mission(Gramin)’, October 2,

8
manual scavengers for providing them housing facilities in rural areas irrespective of their
BPL status. The new Scheme of ‘Housing for All’ under the Ministry of Housing and
Urban Poverty Alleviation aims at providing housing facility to the citizens of India.

Under the Scheme of “Pre-Matric Scholarship to the Children of those engaged in

Occupations involving cleaning and prone to health hazards”, being implemented by the
Ministry of Social Justice and Empowerment, the children of manual scavengers are also
provided scholarship at Rs. 110 to Rs. 700 per month.

4.2. Sanitation Scheme

India has allocated resources to modernize sanitation. National sanitation schemes

aimed at modernizing human waste management include the Integrated Development of
Small and Medium Towns Scheme (1969), Sulabh Shauchalaya (simple latrines) Scheme
(1974), the Integrated Low Cost Sanitation Scheme (1981), the Low-Cost Sanitation for
Liberation of Manual Scavengers Scheme, 1989, and the Total Sanitation Campaign,
1999, renamed Nirmal Bharat Abhiyan (Clean India Campaign).

These sanitation schemes have not, however, succeeded in transforming India’s

sewage disposal system. As per the latest data from WHO and UNICEF, India has over
792 million people without access to improved sanitation nearly a third of the estimated
2.5 billion people without sanitation globally. India also leads globally as home to over
half of all the people in the world who practice open defecation, an estimated 597 million
people. Despite making good strides in increasing the number of people with improved
access to water, India has lagged in meeting its Millennium Development Goal related to
sanitation. Parasitic diseases and infections like tuberculosis that are linked to poor
sanitation, and particularly open defecation, moreover, contribute to stunting and
cognitive deficits among children, and increase rates of child mortality. Implementation
at the local level is a significant barrier to putting into effect existing sanitation schemes.
There are many schemes on sanitation. If there are still dry toilets in a village, it must be
because they have not applied to convert them.

9
 4.3. International Labour Organisation (ILO)

The International Labour Organization (ILO) distinguishes three forms of manual

scavenging: -

a) Removal of human excrement from public streets and dry latrines,

b) Cleaning septic tanks, and
c) Cleaning gutters and sewers.

To Indian Government, “take decisive action to eradicate manual scavenging and

to report on nation and state-wide action taken to put an end to this practice and on the
progress made in the identification, liberation and rehabilitation of scavengers”

International Labour Organization Convention:

a) Any distinction, exclusion or preference made on the basis of race, colour, sex,
religion, political opinion, national extraction or social origin, which has the effect
of nullifying or impairing equality of opportunity or treatment in employment or
occupation10
b) The term occupational health services means services entrusted with essentially
preventive functions and responsible for advising the employer, the workers and
their representatives in the undertaking on-

i) the requirements for establishing and maintaining a safe and healthy

working environment which will facilitate optimal physical and mental
health in relation to work;
ii) the adaptation of work to the capabilities of workers in the light of their
state of physical and mental health11

c) Caste-based discrimination confines Dalits to occupations associated with their

caste, often involving the most menial tasks such as “manual scavenging “or the

10
C111 - Discrimination (Employment and Occupation) Convention, 1958 (No. 111), Article 1(a).
11
C161 - Occupational Health Services Convention, 1985 (No. 161), Article 1(a).

10
 removal of dead animals. Violence, discrimination and segregation, because of
their alleged “impurity” and inferiority, are a daily experience for millions of men
and women in several regions of the world. Discrimination rooted in caste.12

4.4. International faecal sludge management

Faecal sludge management (FSM) is a management system that safely collects,

transports, and treats faecal sludge (also called septage) from pit latrines, septic tanks or
other onsite sanitation facilities (OSSF). In other words, it deals with the mixture of human
excreta and water that is collected in certain types of decentralized toilets and sanitation
systems, instead of going into centralized Wastewater systems.

Merely, paying a property tax is insufficient. We have revised the municipal solid
waste rules. We require a system where door-to-door collection is taken up. The city must
have a user charge system and a spot fine. Poor sanitation and hygiene are responsible for
over two lakh deaths per year in India. Additionally, due to the resulting health-related
issues and lack of access to proper sanitation for tourists, India loses over $54 billion of
GDP per year to inadequate sanitation. A study was done in underground sewerage network
in all the district headquarters. Out of the aggregate sewage treatment capacity available in
the country, Tamil Nadu accounts for about 20%. That still leaves most the urban areas
without a sewer network. Evaluation should be conducted to know affordable and
decentralised solutions. Over 45% of urban Indian households and almost 2.7 billion
people globally depend on on-site sanitation systems and this proportion is increasing with
rapid urbanisation. Toilets are becoming one-stop solutions. Over the past three years,
many new concepts and technologies have come up. Many toilets are also becoming a place
where ATM and mobile recharging is done.13

12
CEACR: Individual observation on India, Convention No. 111, 2006.
13
Special Correspondent. “Spot fine to aid better sanitation.” The Hindu, February 14, 2017, Chennai.

11
5. Constitutional and Manual Scavengers

Manual Scavengers are providing a crucial service to our society but they have been
neglected in greater sense and many times we see them as untouchable which is prohibited
under Article 17 of the Constitution of India. They have also right to live with dignity as
guaranteed under our constitution. As per Article 46 of the Indian Constitution, it is the
duty of the state to protect the weaker section of the society but it has failed to do so for
these manual scavengers and their rehabilitation.
Although abolished by law, which prohibits the practice of “untouchability”, caste
remains a dominant factor in defining the economic and social status of Dalit men and
women throughout the sub-region. The mobilization of Dalits in the countries concerned
has helped raise the visibility of their plight nationally and internationally.

6. Legal Judgements

Safai Karamchari Andolan & Ors v. Union of India & Ors 14

• 2003 Safai Karamchari Andolan & Ors v. Union of India & Ors, a writ petition filed in
the Supreme Court. The petitioners argued that continuation of the practice of manual
scavenging as well as of dry latrines is illegal and unconstitutional since it violates the
fundamental rights guaranteed under Articles 14, 17, 21 and 23 of the Constitution of
India and the 1993 Act. The petitioners sought, inter alia, the implementation of the
Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition) Act
1993 (hereafter ‘the 1993 Act’), issuance of orders to the various state governments as
well as to the Union of India to take effective steps to ensure complete eradication of
this practice in a time-bound manner.

• 2005 (29 April) The Union of India and each state government to verify and file
affidavits “whether, in their Department or Corporation any Manual Scavenging is still
being resorted to. If Manual Scavenging is still being resorted to, then that Department
or Corporation to indicate with details what Scheme it has for eliminating it and for

14
Safai Karamchari Andolan & Ors v. Union of India & Ors, March 27, 2014

12
 rehabilitating the persons concerned and within what timeframe.” The court also
ordered the Union of India to specify what funds allocated under certain specific
schemes, the utilization of such funds and the number of persons rehabilitated under
the same
• 2005 (14 November) The court directed ‘a responsible person not below the rank of
Secretary of Department’ at the Ministry of Social Justice and Empowerment (the nodal
agency of the Centre for the implementation of SRMS) to file an affidavit stating the
decisions taken in the matter. The same was required of the Ministry of Railways
(Secretary of Railway Board).
• 2011 (12 January) The Supreme Court directed that the writ petition be taken forward
by the various High Courts of the country, for the purpose of implementation of the
various directions passed by it from time to time, and for implementation of provisions
of the 1993 Act.
• 2013 The 2003 PIL is still pending ten years later in the Supreme Court as well as the
Delhi High Court.

Advocates at Human Rights Law V. Delhi High Court15

• 2007 Advocates at Human Rights Law Network filed a PIL in the Delhi High Court for
“National Campaign for Dignity and Rights of Sewerage and Allied Workers”
representing the millions of scavengers in Delhi who are employed by municipal
agencies like Delhi Jal Board (the agency which is responsible for water supply and for
liquid waste management), Municipal Corporation of Delhi, New Delhi Municipal
Council, Delhi State Industrial Development Corporation, Central Public Works
Department and other civic bodies challenging their respective roles in risking the lives
of scavengers and also not ensuring adequate safety and financial security to them.
• 2008 (5 April) The PIL highlighted the increasing number of worker deaths across the
country, following which the Delhi High Court directed the civic bodies to provide free
medical care facilities to the sewage workers, payment of compensation to those

15
Delhi Jal Board v. National Campaign for Dignity and Rights of Sewerage and Allied Workers & others,
July 12,2011.

13
 suffering from occupational diseases, payment of compensation and statutory dues like
provident fund and gratuity to the dependents of such sewage workers, provision of
protective gear and equipment to workers who enter pits and drains. The court also
directed payment of compensation of Rs. 100,000 to families of sewage workers who
lose their lives while performing their duties.
• 2008 (21 April) In the wake of dismal implementation of its orders by civic bodies, the
Delhi High Court took a tough stand and directed the civic agencies to ensure
immediate payment of compensation to the families of the victims through Delhi Legal
Aid Services Authority. The court also enhanced the compensation to some victims to
tune of Rs. 171,000. The court also issued showcause notices to these civic bodies to
explain why contempt of court proceedings should not be initiated against them. On
the same day, the Jal Board filed the appeal in Supreme Court of India. In the appeal
filed in Supreme Court, the civic body contended that the High Court overreached its
powers while awarding compensation and directing them to ensure safety and security
of the sewage workers.
• 2011 (12 July) The Supreme Court dismissed their plea and directed the civic bodies
to ensure the immediate implementation of the orders passed by the Delhi High Court
on 4 May 2008, preferably within two months, and to file a compliance report in the
Delhi High Court. The SC passed a landmark judgment identifying and highlighting
the apathy and plight of the disadvantaged sections of society, particularly the
scavengers and sewage workers, who risk their lives by going down drains without any
safety equipment and security; they have been deprived of fundamental rights to
equality, life and liberty for more than six decades. The court also enhanced the
compensation to be paid to each of the victims to Rs. 500,000. The court remanded the
matter back to the Delhi High Court for further hearing and passing appropriate orders.

14
7. The Problems being faced in Elimination of Manual Scavenging

The States/UT’s are slow in identification of insanitary latrines and manual

scavengers as there is no time-bound plan for identification of insanitary latrines and
manual scavengers. Further, in a case filed in the Supreme Court of India, many
States/UTs gave affidavit that there are no insanitary latrines in their jurisdiction. Due to
fear of contempt of the Court, they hesitate in reporting existence of insanitary latrines in
their States/UTs.

At present the work of conversion of insanitary latrines into sanitary latrines is

being attended to as a part of broad programme of construction of toilets. There is a need
to have a time-bound approach as per the mandate of the MS Act, 2013, for conversion
of insanitary latrines.

Rehabilitation of manual scavengers is also slow and in many cases not adequate
due to various problems being faced, which include: -

a) Manual scavengers are mostly illiterate and have no exposure to any work, other
than sanitation related work. Many of them are old. They lack confidence for
running self-employment projects. Many of them are not willing even to avail any
skill development training.
b) Banks are hesitant about providing loan to manual scavengers. Even many State
Channelizing Agencies, due to low rate of recovery of loan from safai
karamcharis, are not willing to extend loan to manual scavengers.

Due to low confidence levels the identified manual scavengers demand that they
may be provided jobs of safai karamchari in local authorities.

15
8. Critics

In 2003, a report was submitted by the Comptroller and Auditor General (CAG),
which evaluated the ‘National Scheme for Liberation and Rehabilitation of Scavengers and
their Dependents’. The conclusion of the report was that this Scheme “has failed to achieve
its objectives even after 10 years of implementation involving investment of more than Rs.
600 crores”. It further pointed out that although funds were available for implementation
of the Scheme, much of it were unspent or underutilized. The Committees set up for
monitoring the Scheme were non-functional. It further noted that there was “lack of
correspondence between ‘liberation’ and ‘rehabilitation’ and that “there was no evidence
to suggest if those liberated were in fact rehabilitated”. It concluded that, “the most serious
lapse in the conceptualization and operationalization of the Scheme was its failure to
employ the law that prohibited the occupation... the law was rarely used”16

The government reels out statistics to deny the existence of manual scavenging and claims
that machines have replaced human beings when it comes to entering manholes and
removing other hazardous wastes. But the reality in the film completely proves that the
government is lying.17

9. Guidelines

National Safai Karamcharis Finance and Development Corporation, an apex

Corporation for the socio-economic development of safai karamcharis and manual
scavengers and their dependents is the nodal agency of Government of India for
rehabilitation of the identified manual scavengers and their dependents. The Corporation
has adopted camp approach for mobilization of the target group and readying them to
avail the benefits of government Schemes for their rehabilitation in alternate dignified
occupations. So far, such camps have been held at Bareli, Moradabad, Meerut, Lucknow,
Roorkee, Asansol, Bengaluru and Ratlam, and many more will be organized at other

16
Social Inclusion of Manual Scavengers, A Report of National Round Table Discussion, United National
Development Programme, New Delhi, 21st Dec 2012
17
B. Kollapan. “The Camera exposes the Dirty Untruth.” The Hindu, February 27, 2017, Chennai.

16
places. In these camps, apart from the manual scavengers and their dependents, various
concerned departments of the State, training providers, representatives of banks and
NGOs are invited. All the stakeholders are made aware of the benefits to be provided to
the target group and motivated to provide all possible cooperation and assistance for
rehabilitation of manual scavengers and their dependents.

With the camp approach, it is hoped that the goal of meaningful and sustainable
rehabilitation of the identified manual scavengers would be achieved. Shortly before
taking office as prime minister, Narendra Modi says: “My identity is of a Hindutvawadi
[one who promotes the Hindu religion], but I say build toilets before you build temples.”

17
Bibliography

Articles

1. Cleaning Human Waste “Manual Scavenging,” Caste, and Discrimination in India,

http://www.hrw.org.
2. “All That’s Wrong with the ‘Error’ The Govt. Made in Offering Manual
Scavenging as a Job.”, https://www.youthkiawaaz.com/, August, 2015
3. Delhi Jal Board Versus National Campaign for Dignity and Rights of Sewerage
and Allied Workers & others, Human Rights Law Network, July 12, 2011.
4. “Freedom from Manual Scavenging.”, Press Information Bureau, August 14, 2015
5. Special Correspondent. “Spot fine to aid better sanitation.” The Hindu, February
14, 2017, Chennai.
6. Social Inclusion of Manual Scavengers, A Report of National Round Table
Discussion, United National Development Programme, New Delhi, 21st Dec 2012
7. B. Kollapan. “The Camera exposes the Dirty Untruth.” The Hindu, February 27,
2017, Chennai

Reports

1. Social Inclusion of Manual Scavengers, A report of National Round Table

Discussion, United National Development Programme, New Delhi, 21st Dec 2012.
2. Socio Economic and Caste Census, 2011

International Convention

1. C111 - Discrimination (Employment and Occupation) Convention, 1958 (No.

111)
2. C161 - Occupational Health Services Convention, 1985 (No. 161)

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