ADDRESSING OCCUPATIONAL HEALTH AND SAFETY CHALLENGES FOR SANITATION WORKERS IN INDIA: ANALYSIS OF THE LEGAL FRAMEWORK AND THE ROLE OF THE SAFAI KARMACHARI ANDOLAN. BY - CHANDAN KUMAR
ADDRESSING OCCUPATIONAL HEALTH AND SAFETY
CHALLENGES FOR SANITATION WORKERS IN INDIA: ANALYSIS OF THE LEGAL FRAMEWORK AND
THE ROLE OF THE SAFAI KARMACHARI ANDOLAN.
AUTHORED BY - CHANDAN KUMAR[1]
Introduction
Sanitation work is one of the most critical yet
undervalued professions in India. Sanitation workers, also known as safai
karmacharis, perform the critical task of cleaning sewers, streets, and public
toilets. Despite the importance of their work, they face numerous challenges,
including a lack of proper safety equipment and inadequate legal protection. As
a result, sanitation workers are highly vulnerable to injuries, illnesses, and
even death.
This article aims to analyse the legal
framework governing sanitation work in India and assess the role of the Safai
Karmachari Andolan (SKA), a social movement dedicated to the rights and welfare
of sanitation workers, in addressing the occupational health and safety
challenges faced by sanitation workers in India.
Occupational Health and Safety Challenges for
Sanitation Workers
Sanitation workers in India face numerous
occupational health and safety challenges[2].
These challenges are primarily due to the nature of their work, which involves
handling human waste, garbage, and other hazardous materials without adequate
protective gear or safety measures. As a result, sanitation workers are at risk
of contracting various diseases and illnesses, including hepatitis,
tuberculosis, and other infectious diseases. They are also at risk of physical
injuries and accidents, such as falls, cuts, and burns. Despite the significant health risks associated
with sanitation work, the legal and policy frameworks that govern sanitation
work in India have been inadequate in ensuring adequate occupational health and
safety protections for sanitation workers. Many sanitation workers are employed
in the informal sector and lack formal employment contracts, making it
difficult for them to access legal protections and benefits.
Bhasha Singh also
tells us about her meeting with Meena in Delhi in his book UNSEEN- The Truth
About India’s Manual Scavengers, a manual scavenger whose entire family was
in the same practice. Highlighting the hazardous effects of manual scavenging
on women health, Singh details Meena’s account of helplessness.
While working as a manual scavenger, Meena was
pregnant, and the practice affected her physically and mentally, making her
daughter handicapped. Meena told Singh that the doctor had intimated to her
that manual scavenging could infect her uterus. However, Meena’s family had no
other source of earning, and she had no idea how much it could affect her
child.[3]
Legal Framework
The legal framework governing sanitation work
in India is primarily guided by the Constitution of India and various labour
laws. The Constitution of India provides for the right to work with dignity and
ensures the health and safety of workers. The labour laws that regulate the
rights of sanitation workers include the Contract Labour (Regulation and
Abolition) Act, of 1970, the Minimum Wages Act, of 1948, and the Workmen's
Compensation Act, 1923.
The Contract Labour (Regulation and Abolition)
Act 1970, regulates the employment of contract labour in establishments,
including sanitation work. It requires employers to ensure that the contract labourers
receive adequate wages, is provided with necessary safety equipment, and have
access to medical facilities. Similarly, the Minimum Wages Act, of 1948,
ensures that the minimum wages are paid to all workers, including sanitation
workers. The Workmen's Compensation Act, of 1923, provides for compensation in
case of occupational injuries or diseases.
Despite these legal protections, sanitation
workers in India continue to face numerous occupational health and safety
challenges. One of the major reasons for this is the lack of enforcement of
these laws. The government agencies responsible for enforcing these laws often
turn a blind eye to the violations committed by employers, leaving the workers
with no legal recourse.
Role of the Safai Karmachari Andolan
In response to the inadequate legal protections
for sanitation workers, the Safai Karmachari Andolan (SKA) is a movement
started by Bezwada Wilson in 1993 with the aim of eradicating manual scavenging
in India and promoting the rights of sanitation workers. The SKA has been at
the forefront of advocating for the rights of sanitation workers and has played
a crucial role in addressing the occupational health and safety challenges
faced by these workers.
One of the key roles of the SKA has been to
raise awareness about the hazardous nature of sanitation work and the need for
better working conditions and safety measures for sanitation workers. The
organization has conducted extensive research on the health impacts of
sanitation work and has used this evidence to advocate for policy change and
greater government action to protect the rights of sanitation workers.
The organization has also been involved in
supporting the families of sanitation workers who have lost their lives or been
injured on the job. This has included providing legal assistance to workers and
their families to claim compensation and advocating for better social security
and welfare schemes for sanitation workers
It has been actively working to eradicate
manual scavenging, ensure the safety and welfare of sanitation workers, and
provide them with dignity.
The SKA has been instrumental in advocating for
the rights of sanitation workers and bringing their issues to the forefront of
public discourse. It has played a crucial role in creating awareness about the
occupational health and safety challenges faced by sanitation workers in India.
The SKA has also been instrumental in advocating for the abolition of manual
scavenging and the rehabilitation of manual scavengers.[4]
The SKA has been successful in bringing about
some significant changes in the legal framework governing sanitation work in
India. In 2013, the Prohibition of Employment as Manual Scavengers and their
Rehabilitation Act was passed, which prohibits the employment of manual
scavengers and provides for their rehabilitation. The SKA played a crucial role
in advocating for the passage of this act.
Manual scavenging: a violation of human rights
In India, the prohibition of Employment as
Manual Scavengers and their Rehabilitation Act, 2013, is an enactment in
opposition to manual scavenging, which prohibits all types of cleaning of
excreta manually and dry latrines, also cleaning of sewers, septic tanks, and
gutters without proper types of equipment or protective gear. As sanitation is
a state issue, there is state-specific enforcement of the law. Though the
practice of manual scavenging is much more than an issue of the state, it is
also a violation of human rights.
Manual scavenging isn’t just a violation of
the Constitution but also a violation of human rights. Since the
Constitution of India complies with the International Code of Human Rights [5]it
eradicates untouchability (Article 17) and discrimination on the bases of caste
(Article 15) besides it, human dignity is an unquestionable and inviolable
right as it is a basic right to life, i.e., a fundamental right, under the
Indian Constitution. The Indian courts and the Constitution, therefore, found
human dignity the most essential, inalienable, fundamental, and basic of all
rights. Human dignity is a right universally accepted by the Universal
Declaration of Human Rights (UDHR) under Articles
1, 22 and 23, as well as guaranteed by the National Commission
on Human Rights, thus human dignity requires fair treatment and respect for
people.
Present scenario
Many incidents are not reported, and many times
the person who personally employed them at work if any happening happens then
s/he himself try to manage it by Montry power as well as political power also,
due to these many matters remain unreported. Lack of data and failure to
enforce provisions of the Prevention of Employment of Manual Scavengers and
Their Rehabilitation Act are major reasons.
Between 1993 and 2019, families of only around
50% of the workers who died cleaning sewers received compensation of Rs 10 lakh
each. In several cases, the compensation amount is less than Rs 10 lakh, a right-to-information
query filed by The Wire has revealed.[6]
Responding to a question in Rajya Sabha, Social Justice and Empowerment
Minister Ramdas Athawale on 2 Feb 2022 said 308 deaths between 2018-2022.
Conclusion
In conclusion, sanitation workers in India face
numerous occupational health and safety challenges due to the lack of adequate
legal protections and the non-enforcement of existing laws which fail to stop
manual scavenging, and also fail to provide compensation to the deceased
family. As per the governmental Data in death of sanitary workers in the last
five years is 308. and in an RTI it was revealed that between 1993 to 2019 only
around 50% of families get compensation. The Safai Karmachari Andolan has been
instrumental in advocating for the rights of sanitation workers and bringing
their issues to the forefront of public discourse. The SKA has played a crucial
role in creating awareness about the occupational health and safety challenges
faced by sanitation workers in India.
References are:
1. India exclusion report IXR 2016, The Long March
to Eliminate Manual Scavenging.
2. Bhasha Singh, UNSEEN- The Truth About India’s
Manual Scavengers (Penguin Books Limited, 2014).
[1] Central
University of South Bihar, CUSB1913125042, BALLB (2019-24).
[2]Fazle
Sharior,Mahbub-Ul Alam, et.al. “Occupational health and safety status of waste
and sanitation workers: A qualitative exploration during the COVID-19 pandemic
across Bangladesh” journal of POLS WATER 2(2023).
[5] Megha Bindal,
Manual Scavenging Activity Will Now Be A Personal Liability Of The
Municipality, 2021.
[6] Dheeraj Mishra
and Jahnavi Sen “Sewer Deaths: Only About 50% of Victims' Families Received Rs
10 Lakh Compensation” THE WIRE 19 Nov 2019.