UPSC Editorial Analysis: 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 repeated bans, judicial directives, and legislative measures, manual scavenging remains a grim reality in India.
• Recently, the Supreme Court once again criticised the central and state governments for their failure to eliminate this inhuman practice.
Legislative Provisions Banning Manual Scavenging
• The Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition) Act, 1993 First attempt to ban manual scavenging and dry latrines. Weak enforcement led to the continuation of the practice.
• First attempt to ban manual scavenging and dry latrines.
• Weak enforcement led to the continuation of the practice.
• The Prohibition of Employment as Manual Scavengers and Their Rehabilitation Act, 2013 Comprehensive law criminalizing manual scavenging. Mandates rehabilitation, alternative employment, and protective equipment. Penalty of ₹5 lakh and imprisonment for violators.
• Comprehensive law criminalizing manual scavenging.
• Mandates rehabilitation, alternative employment, and protective equipment.
• Penalty of ₹5 lakh and imprisonment for violators.
• Supreme Court Directives (2014, 2023, 2024) 2014: SC declared manual scavenging a violation of fundamental rights under Article 21 (Right to Life). 2023: Ordered an immediate halt and directed compensation of ₹30 lakh per death. 2024: Criticized non-compliance and demanded accountability from city commissioners.
• 2014: SC declared manual scavenging a violation of fundamental rights under Article 21 (Right to Life).
• 2023: Ordered an immediate halt and directed compensation of ₹30 lakh per death.
• 2024: Criticized non-compliance and demanded accountability from city commissioners.
Recent Deaths Expose Official Negligence
• February 2024 – Three deaths in Kolkata: Three manual scavengers died inside a sewer while working without protective gear. Highlights lack of mechanization and failure to implement Supreme Court orders.
• Three manual scavengers died inside a sewer while working without protective gear.
• Highlights lack of mechanization and failure to implement Supreme Court orders.
• January 2024 – Two deaths in Bengaluru: A father and son died while cleaning a drain, without any safety measures. BBMP (Bruhat Bengaluru Mahanagara Palike) denies manual scavenging exists but employs thousands informally.
• A father and son died while cleaning a drain, without any safety measures.
• BBMP (Bruhat Bengaluru Mahanagara Palike) denies manual scavenging exists but employs thousands informally.
• December 2023 – Tamil Nadu tragedy: Two men suffocated to death inside a sewer in Chennai, due to exposure to toxic gases.
• Two men suffocated to death inside a sewer in Chennai, due to exposure to toxic gases.
• 2023 Data: Over 80 manual scavengers died in India, despite legal prohibitions. Karnataka, Tamil Nadu, Uttar Pradesh, and Maharashtra reported the highest number of deaths.
• Over 80 manual scavengers died in India, despite legal prohibitions.
• Karnataka, Tamil Nadu, Uttar Pradesh, and Maharashtra reported the highest number of deaths.
Government’s Apathy and Policy Failure
• Centre shifts responsibility to states citing sanitation as a state subject.
• State governments misuse legal loopholes, claiming that manual scavenging does not exist.
• Bureaucratic inefficiency in implementing rehabilitation programs.
• Failure to provide protective equipment and mechanized alternatives, making workers vulnerable to hazardous conditions.
Grim Reality of Manual Scavenging in India
• Engaged by marginalized SC communities, reinforcing caste-based discrimination.
• 40% of districts in India still report manual scavenging activities.
• 75–80 deaths annually since 2019 due to toxic gas inhalation and accidents.
Loopholes in Law and Enforcement
• Distinction between “manual scavenging” and “hazardous cleaning”: States exploit this to claim that manual scavenging no longer exists. Example: Workers forced to clean sewers manually, but labeled under “hazardous cleaning” to escape legal scrutiny.
• States exploit this to claim that manual scavenging no longer exists.
• Example: Workers forced to clean sewers manually, but labeled under “hazardous cleaning” to escape legal scrutiny.
• Failure to implement mechanization: The Court directed the use of machines and protective gear, but these remain absent.
• The Court directed the use of machines and protective gear, but these remain absent.
• Compensation violations: The Court mandated ₹30 lakh compensation per death, yet payments are rare.
• The Court mandated ₹30 lakh compensation per death, yet payments are rare.
Rehabilitation: A Broken Promise
• Lack of skill development and employment alternatives for affected workers.
• Government schemes remain underfunded and poorly executed.
• Families of deceased workers struggle without financial security.
International Best Practices for Eliminating Manual Scavenging
• United Kingdom: Strict Legal Enforcement and Technological Innovation Health and Safety at Work Act, 1974 – Legally mandates that no worker should enter confined spaces without protective equipment and safety protocols. Strict Penalties for Non-Compliance – Any employer forcing workers into unsafe conditions faces heavy fines and imprisonment.
• Health and Safety at Work Act, 1974 – Legally mandates that no worker should enter confined spaces without protective equipment and safety protocols.
• Strict Penalties for Non-Compliance – Any employer forcing workers into unsafe conditions faces heavy fines and imprisonment.
• United States: Advanced Occupational Safety and Workers’ Rights Automated Sewer Maintenance Systems – Use of CCTV sewer inspection technology and self-cleaning pipelines minimizes human entry. Government-Funded Worker Training – The U.S. Department of Labor mandates periodic skill training for sewer maintenance workers.
• Automated Sewer Maintenance Systems – Use of CCTV sewer inspection technology and self-cleaning pipelines minimizes human entry. Government-Funded Worker Training – The U.S. Department of Labor mandates periodic skill training for sewer maintenance workers.
• Japan: Smart Sewer Systems and Urban Planning for Sanitation Safety Advanced Wastewater Treatment Plants – Waste is processed through high-tech filtration plants, eliminating the need for manual handling. City-Wide Adoption of AI in Waste Management – AI predicts blockages and maintenance needs, preventing emergency manual cleaning situations.
• Advanced Wastewater Treatment Plants – Waste is processed through high-tech filtration plants, eliminating the need for manual handling.
• City-Wide Adoption of AI in Waste Management – AI predicts blockages and maintenance needs, preventing emergency manual cleaning situations.
• Singapore: High-Tech Waste Management and Zero Manual Handling Pneumatic Waste Disposal System – Underground vacuum pipes transport waste, reducing manual cleaning. Sanitation as a Respected Profession – Workers are highly paid and recognized for their essential contribution.
• Pneumatic Waste Disposal System – Underground vacuum pipes transport waste, reducing manual cleaning.
• Sanitation as a Respected Profession – Workers are highly paid and recognized for their essential contribution.
Way Forward
• Strict Law Enforcement and Accountability
• Criminal prosecution of officials allowing manual scavenging. Independent monitoring mechanisms to prevent false affidavits and manipulated data. Empowering National Commission for Safai Karamcharis (NCSK) with enforcement powers.
• Criminal prosecution of officials allowing manual scavenging.
• Independent monitoring mechanisms to prevent false affidavits and manipulated data.
• Empowering National Commission for Safai Karamcharis (NCSK) with enforcement powers.
• Mandatory Mechanization of Sewer Cleaning
• Urban Local Bodies (ULBs) must be penalized if mechanization is not adopted. Increased budget allocation for robotic cleaners and smart sewerage management. Strict regulations on private contractors employing manual scavengers illegally.
• Urban Local Bodies (ULBs) must be penalized if mechanization is not adopted.
• Increased budget allocation for robotic cleaners and smart sewerage management.
• Strict regulations on private contractors employing manual scavengers illegally.
• Financial and Social Rehabilitation
• Timely disbursement of compensation to victims’ families. Guaranteed alternative employment, educational scholarships, and skill development. Social awareness campaigns to end caste-based occupational stigma.
• Timely disbursement of compensation to victims’ families.
• Guaranteed alternative employment, educational scholarships, and skill development.
• Social awareness campaigns to end caste-based occupational stigma.
• Active Judiciary Oversight and Policy Reform
• Supreme Court must monitor state compliance through independent committees. Incentivizing best-performing states in manual scavenging eradication. Regular audits of municipalities to ensure mechanization is implemented.
• Supreme Court must monitor state compliance through independent committees.
• Incentivizing best-performing states in manual scavenging eradication.
• Regular audits of municipalities to ensure mechanization is implemented.
Conclusion
• The continuation of manual scavenging in India despite legal bans and judicial intervention reflects systemic failures and social injustice.
• Unless governments act decisively, this inhuman practice will persist, leading to more deaths and continued violations of fundamental rights. The real test lies in political will, administrative commitment, and public accountability.
Practice Question:
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)