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The Dirty Picture:Plight Of Manual Scavengers And The Obnoxious Difficulties Faced By Them Due To The Caste System In Modern India (By: HAMIDH KHAN.B )
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The
Dirty Picture:Plight Of Manual Scavengers And The Obnoxious Difficulties Faced
By Them Due To The Caste System In Modern India
Authored By: HAMIDH KHAN.B [V YEAR BBA.LL.B (HONS)]
Introduction:
Can
you believe if I say that the root cause for manual scavenging is hidden in the
caste system? People might wonder what caste has to do with this. But it is
only because of the dehumanizing caste system which killed hundreds of manual
scavengers. Despite being a technologically advanced country, India is yet to
abolish the system of manual scavenging. If a country can develop technologies
in sending rockets and exploring the outer space, why can’t it find a proper
and real solution to end the horrifying practice of manual scavenging? Why is
it still finding it hard to abolish it?
According to the government data, it is
shocking to know that 97.25% of people involved in manual scavenging whose
caste data is known are SCs. This looks odd right? How can almost all the
manual scavengers belong to a single community? You can never find an instance
where people from the upper caste are engaged in the work of manual scavenging. You can never find a case of an upper caste
worker dying of manual scavenging. It is because the upper caste people will
never engage in this work. It is clear from the data that almost all the
workers are Dalits. Why is it so? Why are they trapped in a vicious cycle of
untouchability and poverty?
What
Is Manual Scavenging?
Manual
scavenging is the practice of removing human excreta by hand from sewers or
septic tanks.
The Prohibition of Employment as Manual
Scavengers and their Rehabilitation (Amendment) Bill, 2020
proposes to completely mechanise sewer cleaning, introduce ways for ‘on-site’
protection and provide compensation to manual scavengers in case of sewer
deaths. But why is it still prevalent in India?
Article 21 of
the Constitution guarantees every citizen “A right to live with dignity”. This
shocking practice violates the right.
Manual
Scavenging And Caste:
Caste is not a physical object like a
wall of bricks or a line of barbed wire which prevents the Hindus from
co-mingling and which has, therefore, to be pulled down. Caste is a notion; it
is a state of the mind.
-
B.
R. Ambedkar
Now
let us look how this practice is related to the caste system. Caste is a division of labourers. It
discriminates people according to their jobs. Because of their low status in
the caste hierarchy and lack of proper financial assistance people are trapped
into this without any option to escape. Dalits often face discrimination in
employment opportunities which are considered pure. Manual scavenging is one
such job which the Dalits are burdened to do. The government is still ignorant
of the issue. 97.25% of people involved in manual scavenging whose caste data
is known are SCs. People belonging to the scheduled castes are facing
discrimination in every way possible.
Despite
several developments made by the courts the practice still exists. Thousands of
people at the bottom of the caste hierarchy, belonging to the SC/ST group, are
compelled to do this job, attributing it to unemployment and social pressure,
as well as the failure in implementing these laws by administrative bodies like
panchayats in villages and municipal corporations in cities. At times, these
bodies even perpetuate the practice.[1]
Caste
and untouchability is the root cause for the above mentioned data. If people
argue that caste has nothing to do with the reports, then they must
substantiate their arguments by showing instances where upper castes are
employed as manual scavengers.
“Manual
scavenging has historically been linked to caste in the Indian subcontinent[2].
The Brahminical social order assigns the most “polluting” tasks, such as
removing human excreta, to Dalit castes. There is evidence of the same in
ancient texts such as the Narada Samhita and the Vajasayeni Samhita.”
Manual
scavenging is a caste-based practice. It was banned in 1993, and made a
punishable offence under The Prohibition
of Employment as Manual Scavengers and their Rehabilitation Act, 2013. Anyone employing a person for manual
scavenging, directly or indirectly, is liable to imprisonment for a term or a
penalty which may extend to Rs 50,000, or both. The Act states that no person
or agency shall employ, directly or indirectly, any person for hazardous
cleaning of a sewer or a septic tank. But in reality it was of no use. The Act
remained only in paper.
Whenever
the authorities feel that there is a shortage of labourers to clean the septic
tanks they always approach the Dalits. Why are they always targeting them? The
authorities will never have the audacity to approach the Brahmins to meet the
shortfall. There are people from the upper class who are unemployed but it is
only the dalits who are pushed into this nauseating world. This is also a form of caste oppression. This
prevents the people from enhancing their socio economic wellbeing. It is the duty of the government to
rehabilitate the people who suffer. But the government is turning a deaf hear
and acts as if no problem exists. When are we going to eradicate this social
stigma? Every human being has the right to live with dignity. There are other
means to survive. This is the last job on earth which one would think to do. , According to the National Convener of the Safai Karmachari Andolan, 472 manual scavenging deaths across the
country were recorded between 2016 and 2020.
Problems
Faced By The Manual Scavengers:
The
scavengers are exposed to poisonous gases which cause serious health issues and
death. Long exposure to hydrogen disulfide can lead to death by asphyxia. Also,
the individual may experience epileptiform convulsions and may fall unconscious
and later die. The gas is also
associated
with visual acuity.[3]
Manual scavenging involves serious health concerns. Rashtriya Garima Abhiyan
submitted a report to UN in 2013 noted that manually handling of excreta can
cause constant, headaches, fever, fatigue, asthma, gastroenteritis, cholera,
typhoid, hepatitis, polio, cryptosporidiosis,
schistosomiasis, eye and skin burn and other skin irritation,
musculoskeletal disorders (including back pain), puncture wounds and cuts,
blunt force, and trauma.[4]
Due to this inhumane job, these people face harassment from all the other
sections of the society. The average life expectancy of the workers and their
families are comparatively low when compared to others. Average life expectancy of a sanitation worker is only 50 years old.
Despite being a very risky job the workers are paid very less.
Rehabilitation
Of Manual Scavengers:
It
is the duty of the government to identify the workers and rehabilitate them by
providing them better living conditions. To identify manual scavengers and
provide them rehabilitation, the government of India replaced the 1933 Act with
the Prohibition of Employment as Manual Scavengers and their Rehabilitation
Act. The government must create other employment opportunities in order to
remove them from this world.
What
Does The Law Say?
Article
14,15,21,23 of the Constitution provides basic fundamental rights to protect
them. The Indian Penal Code, 1860 doesn’t provide any special protections to
the disadvantaged groups like SC/ST. To protect them a special law was enacted
which is known as The Scheduled Castes
and The Scheduled Tribes (Prevention of Atrocities) Act, 1989. These are
some of the general laws to protect them. Now let us look at the laws framed
specifically for the manual scavengers. EMPLOYMENT OF MANUAL SCAVENGERS AND
CONSTRUCTION OF DRY LATRINES (Prohibition) ACT, 1993 was enacted to prohibit
manual scavenging and to provide equal employment opportunities. But
unfortunately, the law still remains in paper without proper implementation.
Despite many laws being framed for the protection of the workers, the number of
deaths still continues to increase. Two more schemes were introduced to protect
the workers.
Integrated Low Cost Sanitation Scheme
(ILCS) in 1981, and the Self-Employment
Scheme for Rehabilitation of Manual Scavengers (SRMS) in 2007. Later, The
Prohibition of Employments as Manual Scavengers and Their Rehabilitation Act,
2013 came into existence with strict rules.
Manual
Scavenging Is Nothing But Modern Slavery:
“Ours is a battle not for wealth; nor
for power, Ours is a battle for freedom; for reclamation of human personality.”
-
Dr.B.R.Ambedkar
Manual
scavenging is the modern form of slavery as it exploits them in many ways.
First of all, it is hereditary in nature. The workers do not choose to become
one instead they are forced to practice this occupation due to their caste. The
burden is due to the social pressure cast upon them by the caste system.
Secondly, it is not based on skill but it is decided purely on the basis of
caste. In this system, the skill is not considered at all. The only deciding
criteria are their caste. The caste prevails over his capability. It is very
clear from this that many people embrace caste system mentally within
themselves though they declare themselves against caste publicly. The
remuneration paid for this risky job is too low.
How
To Stop This Inhumane Practice?
Why, why is anyone superior to another?
Why are we all sinners?”
? Mulk
Raj Anand, Untouchable
The
core problem behind the exploitation of these people is the caste system. First
of all, the society must let go of their casteist mindset. It is only because
of the casteist attitude that forces people into carrying out this labour and
then perpetuates their exploitation.
Lack
of awareness and proper knowledge. The government must take suitable measures
and conduct awareness programs to educate people about this practice so that
the stigma is removed from their minds. Strict laws must be framed to widen
their protection. Its high time for the
government to shift to technology based cleaning methods. If a country can
develop technologies to explore outer space and devise technologically advanced
space machines and rocket, why can’t it devise a new mechanism to clean the
sewage system without involving man power?
Are
they really waiting to devise a new technology for this or they are willfully
abstaining from implementing it?
Creation
of alternate employment opportunities.
Strict penal provisions must be enacted for contravention of the rules.
But enacting strict laws alone won’t change anything. There must be proper
implementation of those laws which will eventually remove the stigma of the
society. The government must properly devise policies to rehabilitate and
resettle them. There are other ways to end unemployment, forcing people into
this isn’t one. The government must ensure proper disbursement of compensations
upon death to the respective families. The government must report the data
correctly without under reporting. Suppressing the data won’t make any change.
On the other hand, the workers must also be aware of their rights. In case if
they are exploited they must be in a position to fight for it. Ignorance of
these people is the fuel for the government. Employers of other respectable
jobs must open the doors for them. No worker has ever chosen to become a manual
scavenger by himself. They are pushed into it because of their caste and the
prevention of employment in other sectors. The society has forcefully pushed
them into this hole by sticking a label of caste. The workers must let go of
the burden and rise against them. In 2002, recommendations by the UN-HRC outlined two solutions to improve
the terrible conditions facing women manual scavengers in India. The first
solution: “The Government of India should press all states to implement The Employment of Manual Scavengers and
Construction of Dry Latrines (Prohibition) Act, 1993, and prosecute
officials responsible for the perpetuation of the practice.” The second
solution: “The Government of India should ensure that all manual scavengers are
rehabilitated according to the law in all states throughout the country.”[5]
Conclusion:
We
really need to look around and curb this callous practice. Our country must be
ashamed of not prohibiting the practice even after decades of attaining
independence. The real development of a country can be measured by seeing
whether the livelihood of the socially and educationally vulnerable groups is
raised or not. Nobody can be discriminated on any grounds. Every citizen has
the right to be treated equally and to be treated with dignity. The country
must educate people and make provisions to evict them from this egregious
world. Proper and stricter penal laws will also pave way for a change. To
conclude, the immediate way to start bringing a change is to treat all the
people equally. Caste can never be the factor to decide the future of any
individual. Its high time people should spread awareness about this and educate
the vulnerable sections about their rights.
Article Information
The Dirty Picture:Plight Of Manual Scavengers And The Obnoxious Difficulties Faced By Them Due To The Caste System In Modern India (By: HAMIDH KHAN.B )
Authors: HAMIDH KHAN.B
- Journal IJLRA
- ISSN 2582-6433
- Published 2022/10/07
- Volume 2
- Issue 7
About Journal
International Journal for Legal Research and Analysis
- Abbreviation IJLRA
- ISSN 2582-6433
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