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LAWS RELATING TO MANUAL SCAVENGING IN INDIA
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LAWS RELATING TO MANUAL SCAVENGING IN INDIA
AUTHORED BY - ANKIT KUMAR MOHANTY
“I may not be born again but if it
happens, I will like to be born into a family of scavengers, so that I may
relieve them of the inhuman, unhealthy, and hateful practice of carrying night
soil.”
- MAHATMA GANDHI
I-
INTRODUCTION
After
65 years of independence, the nation is still fighting a losing battle to
outlaw manual scavenging, one of the most dehumanising practises in human
history. Meanwhile, we have ignored the fact that many state and municipal
governments regularly hire people to clean sewage, a job that is just as
demeaning. To this end, the highest court and several advocacy and human rights
organisations have all weighed in on the matter at hand.
Scavenging
human waste from places like dry latrines and sewers by hand is known as
"manual scavenging." Manual scrounger is characterized as "an
individual drew in or employed. by an individual or a neighborhood authority or
an office or a worker for hire, for physically cleaning, conveying, discarding,
or in any case taking care of in any way, human excreta in an insanitary
lavatory or in an open channel or pit into which the human excreta from the
insanitary restrooms are released." This definition is tracked down in
Segment 2 (g) of the Restriction of Work as Manual Scroungers and their
Recovery Act The act of manually lifting and removing human waste from both
private and public dry latrines is referred to as "manual
scavenging." For a long time, manual toilet emptying was the norm in
Africa and China; yet, no specific social category or gender was assigned to
this task. In India, those at the bottom of the social structure are the ones
expected to do the work of cleaning up the dirt from the night before. Night
soil evacuation, which involves eliminating human feces from dry latrines
utilizing just exposed hands, brushes, or metal scrubbers, and pulling trash
and containers to removal offices, may constitute the greatest degree of human
rights violation possible.
India has engaged in manual
scavenging for many centuries. It has deep roots in the caste-based
occupational structure of India. Even now in India, caste discrimination and
the brutal untouchability practise persist, and manual scavenging is a prime
illustration of this. So much freedom and government effort haven't been able
to eradicate the caste system that has persisted in our culture for centuries.
People still today in our nation
pursue employment that were sanctioned depending on a person's caste in earlier
times. It would be hard to believe that people choose to work "manually
scavenging" voluntarily? The majority of people working in this dangerous
and inhumane job are still Dalits, who were historically regarded as being at
the bottom of the Indian caste system. Manual scavenging has been a source of
income since the dawn of human civilization and the subsequent division of the
human race into the Varna system in India. Only one sub-caste of Dalits- those
who are also seen as destitute and "untouchable" by other dalit
sub-castes-performs this activity, which is considered to be a polluting and
filthy profession.
Manual searching continues in India
regardless of the way that it is unfeeling and risky for the purpose of
discarding human waste, that logical and mechanical advancement has eliminated
the need for manual labour in many contexts, and that simple and affordable
alternatives exist to resolve the problems of both manual scavenging and
insecure human excreta disposal. The knowledge is handed down from one
generation to the next. Because of the pervasive culture of tolerance, they are
also denied their fundamental common liberties. Regardless of a few plans,
regulation, and strategy drives, the Indian state has not been effective in
that frame of mind because of a deficiency of dependable manual scroungers,
feeble policing, and the brutal position framework that plagues in both country
and metropolitan segments of India.
II-
OSTRACISM AND SOCIAL RIDICULE
The caste system, which has persisted
for centuries in our country, is the foundation of the manual scavenging
profession. It is an undeniable truth that the vast majority of people who
engage in manual scavenging do so because they are members of the Dalit
community, the lowest social class. That they belong to this caste means they
have no option but to do this labour. They have cut themselves off from the
rest of society and made their homes in remote areas where the benefits of
infrastructure growth have yet to trickle down. The persistence of manual
scavenging in India is due, in part, to Extreme poverty.
Casteism
The Root cause of the paper is the
caste and the community associated with the profession of manual scavengers are
marginalised from the ancient times. Just like the scheduled caste and the
scheduled tribes, it was important for enactment of law in order to safeguard
the members of the community against the exploitation .
The caste structure, which has
persisted for centuries in our society, is the foundation of the manual
scavenging profession. It is an undeniable truth that the vast majority of
people who engage in manual scavenging do so because they are members of the
Dalit community, the lowest social class. That they belong to this caste means
they have no option but to do this labour. They have cut themselves off from
the rest of society and made their homes in remote areas where the benefits of
infrastructure growth have yet to trickle down. Social impoverishment is a
factor in the persistence of manual scavenging in India.
Casteism is a possible explanation
for the exploitation. Manual scavenging has been an occupation ever since the
dawn of human civilization, and with it came the establishment of the Varna
system in India. Only dalits, and specifically a sub-caste of dalits who are
also seen as impoverished and "untouchable" by other dalit
sub-castes, execute this profession, which is considered a contaminating and
filthy career. From the Mehtar through the Bhangis, many castes have been
linked to particular occupations. The Bhangi, Balmiki, Chuhra, Mehtar, Mazhabi,
Lal Begi, Halalkhor, etc. are all members of the scavenger castes of northern
India. They are named as Sanei, Har, Dom, Hadi and Hela, etc., in eastern
India. Further they are named as Relli, Thoti, Pakay Chachati, Mukhiyar,. in
Southern India. The central india names of the caste are Mehtar, Olgana, Zadmalli, Bhangias,
Halalkhor, Barvashia, Metariya, Ghasi, Jamphoda and Mela etc.,
Customary Right
Some of the caste are associated with
a customary right to the profession, i.e they shall cater to certain families
from generation to generation as manual scavengers. Manual scavenging was
considered not only permissible, but a traditional privilege, especially by
manual scavengers, until the early part of the twentieth century. This
customary entitlement went by a number of names, including Gharaki, Gharagi,
Jagirdari, Jijmani, Dastoori, and Virat. In other words, a scavenger was only
authorised to serve a certain number of homes. Households were not permitted to
make changes to the trash collectors at their own discretion. The ability of
customary right holders to transfer their rights to others was also an
essential element. As a result, the rights were fungible and subject to
transfer, acquisition, inheritance, and mortgage. It was decided to include the
gathered night-soil within the scope of the customary right. This meant that
the customary right included not just the ability to clean latrines in specific
homes or neighbourhoods, but also the option to sell or otherwise dispose of
the accumulated night-soil.
In the case Buddha & Ors v Balwanta & Ors in 1957 the
Allahabad High Court in his decision in 1957 laid the nature of customary
rights and contestation. The choice explains specific key elements of the
standard right. In the first place, it, lays out the way that standard
privileges were not simply a question of interior or casual plan among manual
scroungers, yet an issue of lawful debate which the manual foragers, house
proprietors and the legal executive had drawn in with. Second, it represents
the manner by which regulation saw such freedoms. As per the court, standard
privileges could be upheld against families provided that there is proof to lay
out unavoidable award by the proprietor or tenant of the house. In any case,
the court was all out in keeping the presence from getting an enforceable right
of manual foragers against house proprietors. Truth be told, the court, at
least a couple of times, underlined the place that for the most part such
practices shouldn't be visible as restricting upon proprietors or tenants.
Casteism and generational precursors attached with profession
creates osctracism environment for the members of society pulling them down to
the pit whenever they tried to escape the social stigma in order to live a
dignified life. The Members of the community are are seen in sense of being
inferior to the other members . Deep rooted case regulation Article 21 of the Constitution of India
("the Constitution"), which ensures the right to life, additionally
ensures the option to live with deference and poise. As the High Court brought
up in Gian Kaur v. Territory of Punjab, "to give importance and content to
the word 'life' in Article 21, it has been understood as existence with human
respect. Any part of life which makes it noble might be added something extra
to it yet not that which stifles it and is, subsequently, conflicting with the
proceeded with presence of life bringing about destroying the actual
right." They
fail to achieve the basic human dignity in their whole life cycle
III-
ACTIONS OF GOVERNMENT PRIOR TO LEGISLATION
The Government has from time to time
set up a no. of committees in order to look into the matter of manual scavengers
in India. The committees formed formulated many legislation and suggestion. They
have a huge role in protection of the
member of the community helping them to get a dignified life .In order to
understand the legislative measure it is
important to review the committees and their suggestion :
Barve Committee Report (1949): The Barve Committee
is one of first committee to look
into the plight of manual scavenger
having a customary right to operate as manual scavengers mostly the Bhangis
.The Bhangis did not have a traditional
image of manual scavengers but the
people of the community took up the job
of cleaning septic tank and created a mononpoly and thus wanted a customary
right was developed. The people of the community got devolved in the profession,
that they sort this as customary right to do the job not a curse on the people
of the community.
Backward Classes Commission (1953): The committee
was created with a reasoning to look into the matter of backward section
of the society that included manual scavengers .The committee suggested that bare
hand extraction of excreta and night soil should be removed with modern
cleaning methods like mechanical cleaning and it suggested further methods so
as to upliftment of the manual scavengers.
Central
Advisory Board for Harijan Welfare (1956): This board had also examined
scavengers' conditions of living and work across the nation and, more
significantly, had suggested the creation of a central government
sponsored programme for the emancipation and social reintegration of
scavengers. The third Five-Year Plan included the introduction of the
programme. The fifth Five-Year Plan saw the end of this strategy once it became
clear that scavenging was inexorably tied to the negative effects of a divided
social structure. • The Committee to Investigate Scavenging Conditions
The Scavenging Conditions Enquiry Committee (Prof. N. R. Malkani
Committee) (1957): On
October 12, 1957, this committee was established; it was the first of its type.
The Central Advisory Board for Harijan Welfare ordered its establishment with
the goal of developing "a programme for ending the practise of carrying
night-soil in baskets and buckets as headloads.". The committee conducted
a thorough investigation of the issues and turned in a report in 1960.
Additionally, it was acknowledged that "the flush out latrines are the
finest system for disposal of night-soil through mechanised means, but sadly,
adoption of this throughout the country demands a significant amount of money
and looks outside the realm of practical implementation in the near
future." One of the significant suggestions the board made was to work on
the working and administration states of scroungers by presenting mechanical
devices like push carts, scrappers' elastic gloves, boots, and different
things, as well as by building lodging and foundation upgrades like water and
power in their networks. Another crucial recommendation was that local
governments provide scavengers with extra allowances, benefits, and working
conditions in addition to paying them money in accordance with the Minimum
Wages Act.
The Committee on Customary Rights to Scavenging (Prof. N.R. Malkani
Committee) (Report) (1965): This panel was laid out to recognize the issues with the Jagirdari or
Jajmani Framework, that was a system of customary rummaging freedoms that had
been utilized in numerous urban communities and towns. Standard privileges
allude to a framework by which private scroungers have generally furnished a
scope of houses with their administrations from one age to another. The council
disliked this framework and made suggestions for ways of giving metropolitan
neighborhood state run administrations more authoritative and monetary assets
by executing activity plans for the delivery and recovery of private
scroungers. The committee noted that the family's way of living has included
scavenging. Because of the lack of knowledge and lack of other work
opportunities.
National Commission on Labour
(1968): In order to
enforce the Minimum Wages Act, this committee investigated the working and
furthermore the help states of sweepers and foragers and made suggestions to
the state governments on how the said act could be implemented. It was noted
that "the principal exertion appears to have been to improve the working
and day to day environments of foragers before and not to resolve the
fundamental issue of transforming dry lavatories into fluid flush restrooms in
any deliberate style."
The Report of Task Force for Tackling the problems of Scavengers
(Planning Commission, Government of India) 1990-91: Various recommendation were made by
the task force that including converting
dry latrines , and abolishment of scavenging , which has to be achieved by the
eight plan For achieving such target the
government sanctioned as outlay of Rs 110 crore
by Government of India , the practice of carrying of night soil and the
handling of the soil over the head should be abolished by forming a legislation
and construction of new dry latrines in the building should be abolished .
Recommendations of the National Advisory Council (NAC): The Public Warning Chamber (NAC)
settled in Walk 2010 to urge the Focal Government to guarantee that manual
rummaging is totally killed toward the finish of the eleventh Arrangement time
frame related to all the Focal Government Divisions, including the Railroads, and
applicable States/Areas. To accomplish this objective, the goal requires the
accompanying moves to be made by the Service of Civil rights and Strengthening
of India: (a) directing another overview of manual foragers and the quantity of
left out dry restrooms in each State and UT with expansive public support; (b)
obliterating dry lavatories; (c) giving psycho-social and vocation restoration
to every manual scrounger and their families through training in contemporary
marketable skills; and (d) formulating.
IV-
LAWS RELATING TO MANUAL SCAVENGING
Protection of Civil Rights (PCR) Act (1955): The demonstration passed by the
focal govt. turned into the establishment for various plans to be presented by
the by the state and as well as focal government for planned clans, booked rank,
travelers , sweeper, manual scrounger, reinforced works and other non-advised
weak part of the general public for the their social and financial turn of
events .The demonstration center around the way that the improvement ought to
energize, schooling, lodging, and ought to put spotlight on composite issues of
the networks to address them.
The Scheduled Castes & Scheduled Tribes (Prevention of Atrocities)
Act, 1989: The Act
for the Protection of Scheduled Castes and Tribes came into effect on January
31, 1990, in response to the continued violence against these groups. With the
new modification, the act is even more equipped to deal with the problem of
manual scavenging. Furthermore, the central government's 2016 announcement
declared it an offence for any member of the community to participate in manual
scavenging for a living. Five years in jail and a fine are the minimum
penalties for this violation.
The Employment of Manual Scavengers and Construction of Dry Latrines
(Prohibition Act, 1993): It was the main demonstration which
attempted to cancel the work of manual scavengers. The introduction of the Show states
'While society ensuring the pride of the individual has been loved in the
Preface to the Constitution and however the dehumanizing practice of manual
scavenging of human excreta really happen in many bits of the country.
likewise, where it is critical to lay out a uniform guideline for the whole of
India for dropping manual scavenging by broadcasting work of manual scroungers
for departure of human excreta an offense and hence blacklist further
development of dry bathrooms in the country.' Work of manual scrounger or on
the other hand in the event that any one develop any dry lavatory, he will bear
a discipline of one year and a fine of Rs 2000.
National Commission for Safai Karamcharis (1994): The Public Commission for Safai
Karmacharis was established under the arrangement of Public Comission for Safai
Karmacharis Act, 1993 to advance and shield the interests and freedoms of safai
karmacharis for a period for a long time. The fundamental goal behind shaping
of the said commission was to study and screen and assess the execution of the
projects.
National Safai Karmacharis Finance and Development Corporation (NSKFDC)
(1997):Founded under
the erstwhile companies act 1956, the corporation was created by the government
for all round economic and social development of of the safai karmacharis and
their dependents .It was also created with a aim of providing financial
assistance for income generating viable projects .The major goal of the
corporation was to promote self employment and rehabilitation and economic
development and enabling them to technical skills and entrepreneurial and extending
settlement of karmachari and loans to
students from the community. The targeted groups of the section are scavengers.
The Prohibition of Employment as Manual Scavengers and their
Rehabilitation Act, 2013: Municipalities, cantonment boards, and railway authorities must build a
sufficient number of sanitary community latrines within three years of the
Act's entry into force, according to the law. Anyone who uses a manual
scavenger or builds an unclean restroom faces a fine or imprisonment of up to
one year, or both, for their crimes. For further offences, the fine is
increased. It is against the law for any local government body or organisation
to hire someone to clean a septic tank or a sewer manually while not wearing
protective gear or taking other safety procedures. Within a year of the Act's
entry into force, this clause will take effect. If there is a violation,
then there would be a punishment which is a maximum two-year prison
sentence or a fine up to Rs 2 lakh.
V-
ANANLYSIS OF THE PROHIBITION OF
EMPLOYMENT AS MANUAL SCAVENGERS AND THEIR
REHABILITATION ACT, 2013
To combat the problems of both manual
scavenging and unhygienic latrines, parliament passed the Prohibition of
Employment as Manual Scavengers and their Rehabilitation Act, 2013 ("the
2013 Act"), which aims to end the practise of hiring people to clean up
garbage in dangerous conditions while also giving them the opportunity to lead
more fulfilling lives.
For the purposes of the 2013 Act, the
term "manual scavenger thereof" is defined in detail, including but
not limited to the accompanying: "an individual drew in or utilized, at
the initiation of this Demonstration or whenever from that point, by an
individual or a neighborhood authority or an organization or a project worker,
for physically cleaning, conveying, discarding, or in any case taking care of
in any way, human excreta in an insanitary lavatory or in an open channel or
pit into which the human excreta from the insanitary restrooms is discarded, or
on a rail route track or in such different spaces or premises, as the Focal
Government or a State Government might tell, before the excreta completely
disintegrates in such way as might be endorsed.” [1]
As discussed below further in the definition
does not provide a concise definition of who shall be a manual scavenger. It
further says person with protective gear a can clean human excreta . The defensive stuff will be
characterized opportunity to time by the focal government for this sake. The
sewage laborers who with least bad quality cog wheels are excluded from this
definition .The entire demonstration gives regulation to preclusion of insanitary
restrooms and work of manual scroungers which is additionally imitated under
segment 5 of the demonstration.
Area 5 (2) commands the occupier to
obliterate the or convert insanitary restroom into sterile one on the current
on the date on which the demonstration comes into force, whose cost for
demolition shall be borne by the demolisher
As per Section 6 of the 2013 Act
creates a retrospective effect on the on any agreement made prior to the act.
It states if any instrument , agreement or if any form of contract has been
created or executed tying a person to be a manual scavenger , then such
contract , agreement , or instrument shall
from the commencement of the act be void and become inoperative .And for
such in-operation, no such compensation shall be paid for the damages . Further prohibition for
employing or engaging people for cleaning septic and sewers in provided in
section 7. The punishment for violation of section 5 and 6 is elaborated under
section 8 of the act .The punishment states for violation of the above
mentioned provisions , there would be imprisonment which may extend upto one
year and fine of 50,000 rupees or might be both .And further assuming that the
blamed commits again a similar infringement the detainment will reach out to
two years and fine might expand one lakh rupees or both.
Section 9 is enacted for providing
punishment for violation of section 7.It is important to notice that all such
offences shall be punishable if the complaint has been placed in somewhere
around 90 days of event of the supposed offense .Method for preliminary is
given under segment 21, 22,23 of the said authorization .Significantly, the
offenses under the 2013 Demonstration are characterized as cognizable and
non-bailable by Segment 22 thereof, and under Section 21 of the 2013 Act, the
Executive Magistrate, if properly authorised, may conduct a summary trial. The
2013 Act's Chapter IV has procedures for identifying and rehabilitating manual
scavengers in both urban and rural locations.
Section 11 and 12 provide insight
into survey of manual scavenger in urban areas which shall be conducted by the
Municipalities and under section an application can be made to be identified as
manual scavengers. The segment 13 gives measures to be taken to recovery of
manual scroungers ,, for example, photograph character card ,and once cash help
which needs to gave in the span of one month of giving photograph ,
distribution of private plot , monetary help for ability advancement .The
watchfulness board of trustees , state and focal Observing Advisory group ,
Public Comission for Safai karamcharis which has been laid out under the
arrangements of the said act .
VI-
JUDICIAL INTERVATION IN THE ISSUE OF
MANUAL SCAVENGING
The financial government assistance
of the minimized segment of the general public has been for the most part
maintained by the legal executive which plays had a functioning impact in
reinforcing the reason by deciphering the order standards into enforceable
privileges. Various privileges have been laid out because of a liberal perusing
of a sacred arrangement, for which India's social government assistance law
currently has another aspect. As to legal reaction to manual scroungers, courts
as of late adopted a serious strategy toward manual searching and reprimanded
the State experts for neglecting to prohibit it.
Safai Karamchari Andolan v. Association of India
The High Court perceived that manual
searching is a hazardous, shameful, and unfeeling calling in the current
situation. The High Court noticed that the EMSCDL Demonstration of 1993 and the
PEMSR Demonstration of 2013 neither debilitate the protected commitment of
article 17 nor do they grant inaction with respect to the association and state
legislatures under the EMSCDL Demonstration of 1993. As indicated by the High
Court, the PEMSR Showing of 2013 unequivocally sees article 17 and 21 of the
constitution as the opportunities of people who clean sewage structures,
holding tanks, and people who dispense with human feces off of railroad
lines..P. Sathasivam CJ, said that "the power estimations of the Assistance
of Social liberties and Reinforcing for the year 2002-2003 put the figure of
perceived manual scroungers at 6,76,009. Of these, north of 95% are dalits,
compelled to embrace this criticizing task." The High Court in like manner
made reference to different overall vows and instruments, including the General
Statement of Common freedoms (UDHR), the Show on the End of Racial Separation
(CERD), and the Show for the End of All Types of Victimization Ladies, to which
India is a signatory. These pledges and instruments look to ensure a noble
human existence in regard of his calling and different circles of life
(CEDAW).The court set out specific rules for restoration of the manual
scavengers:The court plainly expressed that in the event that the menance of
manual scroungers must be halted ,, recovery of the will incorporate : (A) That
entering without gears in sewer line should be made a bad behavior in emergency
situation .For each end Rs ten lakh to be given to the gathering of the left.(B)
Rail routes ought to with time get rid of its manual searching on target.(C) It
should be ensure that the scavengers should not
face any hurdles in getting their legitimate due .(D) Safai Karmachari
Women Should be provided with support required for leading a dignified life by
following choice of livelihood , under various schemes
In the previously mentioned case the
Peak court recognizing the predicament of the impeded areas of the general
public and featuring the lack of concern expected for such individuals,
particulary the manual scroungers and the sewer laborers who face challenge on
their life for livelihood without any safety gear or protective heads. They have denied to essential
privileges to equity life and freedom even following 75 years of autonomy, was
called attention to by the high court.The
The Supreme Court referred to a
report and stated that:
Due to exposure at work, there is a
significant mortality and morbidity rate among the employees. In the previous
two years, 33 workers lost their lives in accidents related to the clogged
sewer systems. Five-hundred-ninety-nine percent of sewage workers go into underground
sewer vents in excess of ten times each month, and a big part of the labor
force should work over eight hours every day. Forty-one of their employees have
had syncope, and an additional 24 have blacked out for a few seconds. Just over
a third of the staff had had a tetanus booster, but none had received a
hepatitis B vaccine. When considering just those employees who were considered
to be underweight according to their Body Mass Index (BMI), 46 percent of all
workers were found to be underweight. The average monthly earnings for a daily
wage worker was roughly 2,950 Indian rupees.
The Supreme Court's response to Delhi
Jal Board's claims of judicial activism and overreach on this issue reads in
part: "The intruder of legal activism or legal excess is raised at
whatever point one of the three mainstays of the Express, the legal executive,
has given mandates to guarantee that the right to balance, life, and freedom
doesn't stay fanciful for the people who experience the ill effects of the
debilitations of neediness, lack of education, and obliviousness, and mandates
are given The primary motivation behind such a legal charade is often to wear
down those who really want to help the poor and powerless.
Different petitioners brought the
issue of manual scavenging and sewer-related fatalities to the notice of the
courts in cases filed in the Gujarat High Court in 2004, the Delhi High Court
in 2007, and the Chennai High Court in 2008. Importantly, the 1993 statute only
applied to manual scavenging in connection with dry latrines at the time, but
the courts had little trouble applying the concept to forbid manual scavenging
in sewage. The Gujarat court noted that Article 21 was meant to safeguard city
workers in the absence of particular law. According to the Supreme Court's
ruling about the Delhi case, courts have a fundamental obligation to defend the
rights of people who enter manholes under duress for the purpose of cleaning
them. The courts had the ability to require the state parties to take all
necessary precautions to prevent human trespassing into sewers since this was
an issue of basic rights that could not be disputed.
Relatives of an individual who
suffocated while cleaning a channel were conceded Rs 2 lakh by the High Court
of Karnataka for the situation Chinnamma and Ors. v. Province of Karnataka and
Ors.
Constraining poor people and oppressed
to perform hazardous manual cleaning of septic tanks and sewers has continued
unabatedly in India notwithstanding the Preclusion of Work as Manual Foragers
and their Restoration Act's section on October 1, 2013. This was communicated
by a Division Seat of the Orissa High Court comprising of S. Muralidhar, CJ and
B.P Routray, J., for a situation concerning the passings of disinfection
laborers in the Territory of Odisha.
VII-
LACUNA WITHIN THE PROHIBITION OF
EMPLOYMENT AS MANUAL SCAVENGERS AND THEIR REHABILITATION ACT, 2013
The new act has clearly failed to
understand the core requirement of the legislation. It makes distinction
between sewage workers and the manual scavengers. It talks about only of manual scavengers non exploitation and rehabilitation , and not
acknowledging the plight of the sewage workers .. According to the demonstration, it
permits working individual in cleaning of human excreta with assistance of
defensive stuff, and they will be referred to as sewage laborers not as manual
scroungers. Be that as it may, the social shame will be joined with work and
anybody who takes up the gig will be considered to be manual forager in the
psyche of individuals utilizing them regardless of whether the regulation with
expansion of term controls it to mean something else.
The second biggest failure of the act
has been failure to add penal provisions
to the act of the event non fulfilment of
obligation under the act by the authorities if they failed commit to
their full potential regarding implementation of the act .The Act vitiates the
very need of enacting the Prohibition OF Employment AS Manual Scavengers And Their Rehabilitation
Act, 2013.The authorities may avoid
achieving efficiency in their respective
duties as they may be aware of the fact that non fulfilment of the duties has no penal
provisions .Further the definition provided has a limited meaning.
The definition does provide a clear
and concise meaning of hazardous environment. Mostly septic tanks and tanks or sewage drains when cleaned without
any protective gear shall be deemed as hazardous environment .Further the act
is silent on the issue of what exactly
means protective gear or what types gear
shall constitute to be protective gear
for the workers .A worker with just a
local gear like fawda and a basket shall be deemed to be a sewage worker
working in non-hazardous condition even if the gas in the septic tank or the
waste chambers can be very toxic . One of the biggest lapse of the people
behind the legislation as they have failed to cleaning of insanitary latrines
into manual scavenging. In most remote areas both sanitary and insanitary
latrines are same .The cleaning of the insanitary latrines have caused many skin disease to the workers On
the longer run it would not be incorrect to say that the act legalises the
foul acts manual scavenging .In absence of clear concise definition of
protective gear , non-inclusion of penal provision for
any lapse in work of the authorities , only mandates to continuance of
old cleaning process .Resorting to old practice is the only outcome of the act
.There is no mentioning to implement modern cleaning technologies by the
government officials .Under the scope of section 10 there is limitation in
bring legal action on violation of the provision , if a complaint is not filed
within three months of occurrence of offence
then the court cannot take cognizance of the matter .The people in the
profession are already marginalized , further the law does not provide a
platform to raise their issue prope
VIII-CONCLUSION
One of the most revolting realities
in the country today, manual scavenging is a severe social and legal problem
that undermines the standards of decent work and human dignity. Scavenging by
hand is one of the worst types of caste discrimination and degrading employment
that is being practiced today. Even though numerous government initiatives and
anti-scavenging laws have been passed, the practice still occurs. Legislative
and judicial intervention has not been very effective in solving the issue. Even
the legislations enacted in support of rehabilitating the scavengers have
unintentionally given a upper hand to the exploiter. Thorough of the paper
reveals that mere enactment of the legislation is insufficient to uplift them
from the social strata. The author would like to provide some suggestion for
up-liftment of the society.
SUGGESTIONS
·
People
associated with the profession of manual scavenging should be provided with
reservation in educational institutions and govt. jobs specifically for
belonging to that profession.
·
The
Government should move to flush toilet in the trains, thus enabling the
railways to move away from employing people for manual scavenging.
·
The
Government should promote advance cleaning techniques in the cities
·
The
Government through amendment should increase the time frame to register
complaint from 3 months to 6 months.
·
They
Government should include a penal provision in case the authorities fails to
fulfill his duty protect or himself exploits under the course of his duty a
manual scavenger.
·
The
should first make it mandatory for the employer to provide basic protective
gear to the people being engaged in cleaning of the septic and sewage tanks.
·
The
government should make mandatory registration of organization employing people
as cleaner, sewage workers and should provide basic facilities enlisted for
work men’s of other industry in order to receive government contracts.
The mentioned suggestion would make a
mere changes the plight of the social workers but would help in acknowledging
the importance of such people in society who are the unsung heroes of the community .The Manual
scavengers are the heroes behind the social stigma who keep the drains ,
latrines , sewage and septic tank clean , but more importantly keep us safe .
Article Information
LAWS RELATING TO MANUAL SCAVENGING IN INDIA
Authors: ANKIT KUMAR MOHANTY
- Journal IJLRA
- ISSN 2582-6433
- Published 2023/08/18
- Issue 7
About Journal
International Journal for Legal Research and Analysis
- Abbreviation IJLRA
- ISSN 2582-6433
- Access Open Access
- License CC 4.0
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