UPSC Editorial Analysis: India’s Persistent Struggle to End Manual Scavenging
Kartavya Desk Staff
*General Studies-2; Topic: Issues relating to development and management of Social Sector/Services relating to Health, Education, Human Resources.*
Introduction
• Manual scavenging continues across India even after repeated bans, judicial interventions, and national policy commitments.
• The Supreme Court has again criticised the Centre and states for failing to eliminate this degrading and hazardous practice.
Legal Framework Prohibiting Manual Scavenging
• 1993 Act – Initial Attempt to Prohibit the Practice The Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition) Act, 1993 was India’s first law targeting manual scavenging. Enforcement remained weak, allowing the practice to persist.
• The Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition) Act, 1993 was India’s first law targeting manual scavenging.
• Enforcement remained weak, allowing the practice to persist.
• 2013 Act – Comprehensive Criminalisation and Rehabilitation The Prohibition of Employment as Manual Scavengers and Their Rehabilitation Act, 2013 criminalised manual scavenging. The law mandates rehabilitation, alternative livelihoods, protective gear, and provides for penalties up to ₹5 lakh and imprisonment.
• The Prohibition of Employment as Manual Scavengers and Their Rehabilitation Act, 2013 criminalised manual scavenging.
• The law mandates rehabilitation, alternative livelihoods, protective gear, and provides for penalties up to ₹5 lakh and imprisonment.
• Supreme Court’s Key Directions (2014, 2023, 2024) 2014: Declared manual scavenging a violation of Article 21 (right to life with dignity). 2023: Directed immediate cessation of the practice and ₹30 lakh compensation per death. 2024: Raised concerns about widespread non-compliance and demanded accountability from municipal authorities.
• 2014: Declared manual scavenging a violation of Article 21 (right to life with dignity).
• 2023: Directed immediate cessation of the practice and ₹30 lakh compensation per death.
• 2024: Raised concerns about widespread non-compliance and demanded accountability from municipal authorities.
Recent Fatalities Exposing Official Negligence
• Kolkata (February 2024): Three workers died while cleaning a sewer without any safety gear, highlighting failure in mechanisation and disregard of Supreme Court orders.
• Three workers died while cleaning a sewer without any safety gear, highlighting failure in mechanisation and disregard of Supreme Court orders.
• Bengaluru (January 2024): A father and son died cleaning a drain without protective equipment. The BBMP denies the existence of manual scavenging despite thousands working informally.
• A father and son died cleaning a drain without protective equipment.
• The BBMP denies the existence of manual scavenging despite thousands working informally.
• Tamil Nadu (December 2023): Two men died in a sewer due to toxic gas inhalation in Chennai.
• Two men died in a sewer due to toxic gas inhalation in Chennai.
• 2023 Fatality Data: Over 80 deaths occurred nationwide. Karnataka, Tamil Nadu, Maharashtra, and Uttar Pradesh reported the highest numbers.
• Over 80 deaths occurred nationwide.
• Karnataka, Tamil Nadu, Maharashtra, and Uttar Pradesh reported the highest numbers.
Policy Failure and Administrative Apathy
• The Centre places the burden entirely on states by citing sanitation as a state subject.
• States routinely deny the presence of manual scavenging through legal loopholes.
• Rehabilitation programmes remain underfunded and poorly implemented.
• Lack of mechanisation, protective equipment, and monitoring continues to put workers at severe risk.
Harsh Realities on the Ground
• Most manual scavengers come from marginalised Scheduled Caste communities, revealing structural caste-based discrimination.
• Nearly 40% of Indian districts still report manual scavenging.
• Since 2019, 75–80 annual deaths have been recorded from toxic fumes and hazardous sewer conditions.
Loopholes and Weak Enforcement
• Distinction Between “Manual Scavenging” and “Hazardous Cleaning”: States misuse this to claim compliance. Workers often clean sewers manually but are labelled as “hazardous cleaning workers” to avoid legal accountability.
• States misuse this to claim compliance.
• Workers often clean sewers manually but are labelled as “hazardous cleaning workers” to avoid legal accountability.
• Failure to Mechanise Sewer Cleaning: Supreme Court directions mandating machine-based cleaning and protective gear remain largely ignored.
• Supreme Court directions mandating machine-based cleaning and protective gear remain largely ignored.
• Compensation Violations: Despite the mandated ₹30 lakh compensation, families rarely receive timely or full payments.
• Despite the mandated ₹30 lakh compensation, families rarely receive timely or full payments.
Rehabilitation Failures
• Workers receive limited access to skills training, restricting alternative livelihood opportunities.
• Government schemes are poorly executed, leaving affected communities unsupported.
• Families of deceased workers often face financial instability due to delayed or absent compensation.
Global Best Practices for Eliminating Manual Scavenging
• United Kingdom: Health and Safety at Work Act, 1974 mandates strict safety protocols and prohibits entry into confined spaces without full protection. Non-compliant employers face heavy fines and imprisonment.
• Health and Safety at Work Act, 1974 mandates strict safety protocols and prohibits entry into confined spaces without full protection.
• Non-compliant employers face heavy fines and imprisonment.
• United States: Use of automated sewer systems, CCTV-based inspection, and minimal human entry. The Department of Labor funds skill training and safety programmes.
• Use of automated sewer systems, CCTV-based inspection, and minimal human entry.
• The Department of Labor funds skill training and safety programmes.
• Japan: Advanced wastewater treatment plants eliminate manual waste handling. AI-powered waste systems predict blockages and reduce emergency interventions.
• Advanced wastewater treatment plants eliminate manual waste handling.
• AI-powered waste systems predict blockages and reduce emergency interventions.
• Singapore: Deployment of pneumatic waste disposal systems prevents manual involvement. Sanitation work is well-paid and recognised as an essential service.
• Deployment of pneumatic waste disposal systems prevents manual involvement.
• Sanitation work is well-paid and recognised as an essential service.
Way Forward
• Strengthening Accountability and Enforcement Charge officials permitting manual scavenging with criminal liability. Introduce independent monitoring to prevent data falsification. Empower the National Commission for Safai Karamcharis (NCSK) with statutory enforcement powers.
• Charge officials permitting manual scavenging with criminal liability.
• Introduce independent monitoring to prevent data falsification.
• Empower the National Commission for Safai Karamcharis (NCSK) with statutory enforcement powers.
• Mandatory Mechanisation of Sewer Cleaning Penalise ULBs failing to mechanise sewer operations. Increase allocations for robotic cleaners and smart sewer systems. Regulate private contractors engaged in unsafe manual cleaning.
• Penalise ULBs failing to mechanise sewer operations.
• Increase allocations for robotic cleaners and smart sewer systems.
• Regulate private contractors engaged in unsafe manual cleaning.
• Comprehensive Rehabilitation Measures Ensure timely, automatic compensation for victims’ families. Provide scholarships, training, and secure employment to affected families. Conduct campaigns to eliminate caste-based stigma associated with sanitation work.
• Ensure timely, automatic compensation for victims’ families.
• Provide scholarships, training, and secure employment to affected families.
• Conduct campaigns to eliminate caste-based stigma associated with sanitation work.
• Judicial Oversight and Policy Reforms Supreme Court should monitor state compliance through independent committees. Introduce incentives for states achieving significant progress. Conduct periodic audits of municipalities to ensure mechanisation.
• Supreme Court should monitor state compliance through independent committees.
• Introduce incentives for states achieving significant progress.
• Conduct periodic audits of municipalities to ensure mechanisation.
Conclusion
• The continuation of manual scavenging despite laws and judicial scrutiny shows deep governance gaps and entrenched social discrimination.
• Without strong enforcement, political resolve, mechanisation, and meaningful rehabilitation, deaths will continue, and core constitutional rights will remain violated.
The Supreme Court has repeatedly directed the central and state governments to eliminate manual scavenging, yet implementation remains weak. Critically examine the legal and administrative challenges in enforcing the Prohibition of Employment as Manual Scavengers and Their Rehabilitation Act, 2013. (250 words)