UPSC Editorial Analysis: Ending the Inhuman Practice of Manual Scavenging in India
Kartavya Desk Staff
*General Studies-2; Topic: Issues relating to development and management of Social Sector/Services relating to Health, Education, Human Resources.*
Introduction
• Despite constitutional guarantees of dignity and equality, and a clear legal ban, the inhuman and hazardous practice of manual scavenging continues in India.
• A recent social audit commissioned by the Ministry of Social Justice and Empowerment exposes the grim reality — over 90% of workers who died while cleaning sewers lacked even basic safety equipment.
• The findings present a disturbing contradiction to national laws and flagship government missions like Swachh Bharat Abhiyan.
Manual Scavenging: A Persistent Social Evil
• Definition: Manual scavenging refers to the manual cleaning, handling, or disposing of human excreta from dry latrines, sewers, and septic tanks.
• Legal Prohibition: The practice was banned under the Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition) Act, 1993. Later, it was reinforced by the Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013. The 2013 Act completely prohibits manual scavenging and provides for rehabilitation of those involved.
• The practice was banned under the Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition) Act, 1993.
• Later, it was reinforced by the Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013.
• The 2013 Act completely prohibits manual scavenging and provides for rehabilitation of those involved.
Key Findings of the 2023 Social Audit
• Deaths in Cleaning Work: Out of 150 reported deaths during 2022–23, 54 deaths in 8 states/UTs were audited.
• Lack of Protective Gear: In 49 out of 54 cases, victims wore no safety gear. Others only had gloves or gumboots.
• No Informed Consent: In 27 cases, workers were not informed about the risks or did not give consent.
• Violation of Guidelines: No adherence to the manual safety protocols issued under Swachh Bharat Abhiyan. Employment of humans despite availability of machines.
• No adherence to the manual safety protocols issued under Swachh Bharat Abhiyan.
• Employment of humans despite availability of machines.
• Key Irony: This audit was on a practice that is already outlawed, indicating failure in enforcement.
Underlying Factors Behind Persistence
• Poverty and Illiteracy: Vulnerable sections, particularly from Scheduled Castes, are forced to undertake this work due to economic desperation and lack of alternatives.
• Caste-Based Occupation: Deeply entrenched social stigmas continue to dictate occupational roles.
• Lack of Mechanisation: Many local bodies claim mechanical cleaning is costly. Machines exist, but are underutilized or under-maintained.
• Many local bodies claim mechanical cleaning is costly.
• Machines exist, but are underutilized or under-maintained.
• Weak Legal Enforcement: Poor implementation of the 2013 law. No prosecution or penal action against employers violating it.
• Poor implementation of the 2013 law.
• No prosecution or penal action against employers violating it.
• Inadequate Rehabilitation: Promised rehabilitation schemes are underfunded or delayed. Most workers return to the same job due to lack of viable alternatives.
• Promised rehabilitation schemes are underfunded or delayed.
• Most workers return to the same job due to lack of viable alternatives.
Human Rights and Legal Dimensions
• Constitutional Violation: Article 21: Right to life and dignity. Article 17: Abolition of untouchability.
• Article 21: Right to life and dignity.
• Article 17: Abolition of untouchability.
• International Obligations: Violates ILO Conventions on occupational safety. Contradicts India’s commitments under UN Sustainable Development Goals, especially SDG 6 (clean water and sanitation) and SDG 8 (decent work).
• Violates ILO Conventions on occupational safety.
• Contradicts India’s commitments under UN Sustainable Development Goals, especially SDG 6 (clean water and sanitation) and SDG 8 (decent work).
Role of Judiciary and National Missions
• Supreme Court Rulings: In Safai Karamchari Andolan vs Union of India (2014), the SC declared that: Compensation of ₹10 lakh must be given for each sewer death. Manual scavenging must end completely.
• In Safai Karamchari Andolan vs Union of India (2014), the SC declared that: Compensation of ₹10 lakh must be given for each sewer death. Manual scavenging must end completely.
• Compensation of ₹10 lakh must be given for each sewer death.
• Manual scavenging must end completely.
• Swachh Bharat Abhiyan: Though successful in eliminating open defecation, it failed to curb manual scavenging due to lack of focus on sewer workers.
• Though successful in eliminating open defecation, it failed to curb manual scavenging due to lack of focus on sewer workers.
• NAMASTE Scheme (2023): National Action Plan for Mechanised Sanitation Ecosystem. Jointly launched by MoHUA and Ministry of Social Justice to: Modernize sanitation work. Provide safety gear. Rehabilitate workers. However, implementation has been poor and fund disbursal irregular.
• National Action Plan for Mechanised Sanitation Ecosystem.
• Jointly launched by MoHUA and Ministry of Social Justice to: Modernize sanitation work. Provide safety gear. Rehabilitate workers.
• Modernize sanitation work.
• Provide safety gear.
• Rehabilitate workers.
• However, implementation has been poor and fund disbursal irregular.
Ground-Level Realities: Urban-Rural Divide
• Urban Areas: Sewage infrastructure is complex. Poor record-keeping of sanitation workers. Private contractors flout safety norms with impunity.
• Sewage infrastructure is complex.
• Poor record-keeping of sanitation workers.
• Private contractors flout safety norms with impunity.
• Rural Areas: Many dry latrines still exist. Informal employment keeps the problem hidden. Women often forced into cleaning by hand, unrecorded in formal surveys.
• Many dry latrines still exist.
• Informal employment keeps the problem hidden.
• Women often forced into cleaning by hand, unrecorded in formal surveys.
Gaps in Rehabilitation Efforts
• Self-Employment Scheme for Rehabilitation of Manual Scavengers (SRMS): Poor awareness and complex paperwork. Funds disbursed remain underutilized.
• Poor awareness and complex paperwork.
• Funds disbursed remain underutilized.
• Skill Development: No structured plan for upskilling. Most training centres are urban-centric and don’t reach smaller towns/villages.
• No structured plan for upskilling.
• Most training centres are urban-centric and don’t reach smaller towns/villages.
Way Forward
• Strict Enforcement and Accountability
• Penal action against contractors and civic authorities violating laws. Set up district-level vigilance committees with civil society involvement.
• Penal action against contractors and civic authorities violating laws.
• Set up district-level vigilance committees with civil society involvement.
• Universal Mechanisation
• Ensure 100% mechanised cleaning in urban local bodies. Provide subsidies and technology transfer to small municipalities.
• Ensure 100% mechanised cleaning in urban local bodies.
• Provide subsidies and technology transfer to small municipalities.
• Worker Welfare and Safety
• Mandatory safety audits and provision of high-grade protective gear. Real-time monitoring through digital platforms.
• Mandatory safety audits and provision of high-grade protective gear.
• Real-time monitoring through digital platforms.
• Dignified Rehabilitation
• Expand NAMASTE with proper budget allocation and grievance redress. Fast-track loans, education support, and alternative job creation.
• Expand NAMASTE with proper budget allocation and grievance redress.
• Fast-track loans, education support, and alternative job creation.
• Social Awareness and Inclusion
• National campaigns to de-stigmatize sanitation work. Promote inclusive policies through media, schools, and panchayats.
• National campaigns to de-stigmatize sanitation work.
• Promote inclusive policies through media, schools, and panchayats.
Conclusion
• The 2023 social audit is not just a statistical report — it is a mirror to our collective moral failure. The persistence of manual scavenging is a blot on India’s human rights record. Despite legal bans, financial schemes, and court directives, systemic apathy continues.
• Until every life is treated with dignity, India’s development story remains incomplete.
Critically evaluate the implementation of the Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013 in light of the 2023 social audit report. What are the gaps and how can they be addressed? (250 words)