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A STUDY ON SOCIO-ECONOMIC CONDITIONS AND PROBLEMS FACED BY MANUAL

SCAVENGERS

THE OXFORD COLLEGE OF ARTS, DEPARTMENT OF SOCIAL WORK-2016

INTRODUCTION

Manual scavenging is a term used in India which refers to the removal of raw (fresh and un-

treated) human excreta from buckets or the containers that are used as toilets or from the pits

of pit latrines. Manual scavenging involves the removal of raw human excreta using brooms

and tin plates, and usually no personal protective equipment by the workers (called ―scaven-

gers‖)doing the job the excreta are piled into baskets which the workers may carry on their

heads to locations sometimes several kilometers from the latrines.

Manual scavenging is a term used in India which refers to the removal of raw (fresh and un-

treated) human excreta from buckets of other containers that are used as toilets or from the

pits of pit latrines. Manual scavenging involves the removal of raw human excreta using

brooms & tin plates, and usually no personal protective equipment by the workers doing the

job.

According to Socio Economic Caste Census 2011, 180,657 households are engaged in manu-

al scavenging for a livelihood The 2011 Census of India found 794,000 cases of manual

scavenging across India. The state of Maharashtra, with 63,713, tops the list with the largest

number of households working as manual scavengers, followed by the states of Madhya Pra-

desh, Uttar Pradesh, Tripura and Karnataka.

https://en.wikipedia.org/wiki/Socio_Economic_Caste_Census_2011

https://en.wikipedia.org/wiki/2011_Census_of_India


SCAVENGERS


Many authors believe that parents being affected by work life conflict will either reduce the

number of hour‘s one works where other authors suggest that a parent may run away from

family life or work more hours at a workplace. This implies that each individual views work-

life conflict differently.

The dehumanizing practice of manual scavenging is closely interlinked with untouchability.

It is well known that this work is socially assigned and imposed upon certain untouchable

castes of India. Manual scavenging is rooted in caste and with very few exception, all the

manual scavengers are from the Scheduled Castes. Manual scavenging is thus a caste based

occupation, with a large majority of them being women. Manual scavengers are the most dis-

criminated people experiencing the most atrocious form of untouchability.

In India today, scavengers and sweepers still carry out the basic sanitary services in cities and

towns. While many are employed by local urban authorities to clean the sewers and sweep

the streets, a significant number still work in their traditional occupation. This means that

scavengers are still cleaning latrines by hand and carrying night soil in baskets on their heads.

As their occupation renders them permanently polluted, according to Hindu society, scaven-

gers are treated as untouchable even by other untouchable castes. This discrimination also

means that scavengers have extremely limited job opportunities other than sanitary work, that

they live in acute poverty in segregated communities, and have extremely low levels of liter-

acy and job mobility. Such socio-economic conditions for scavengers still persist despite var-

ious articles in the Indian constitution, which stipulate that the state should promote the eco-

nomic and educational interests of Scheduled Castes and protect them from discrimination

and exploitation. Since independence, the three levels of government have lacked a sustained

interest in implementing the provisions of the constitution. This has been demonstrated by the

fact that several enquiries have been conducted into scavenging conditions throughout India,

which resulted in comprehensive recommendations, but no substantial implementation. The

Government of India began to instigate efforts to improve the working conditions of scaven-

gers by seeking to abolish the practice of carrying night soil as a head load. These attempts

were formalized in several government enquiries. The first was conducted by Government of

Bombay in 1949. This was followed by the Scavengers conditions enquiry committees of

1960, which was established by the Ministry of Home Affairs, Government of India.


SCAVENGERS


Manual Scavenger means a person engaged or employed on regular or frequent basis by an

individual or a local authority or a public or private agency, for manually cleaning, carrying,

disposing of, or otherwise handling in any manner, human excreta in an insanitary latrine or

in an open drain or pit into which human excreta from insanitary latrines is disposed of, or on

a railway track, before the excreta fully decomposes.

The employment of manual scavengers to empty dry toilets (meaning here toilets that require

daily manual scavenging) was officially prohibited in India in 1993 and the law was extended

and clarified to include insanitary latrines, ditches and pits in 2013.

Within the caste structure, Dalit‘s who work as manual scavengers are usually from the Hin-

du Valmiki sub-caste, which is further subdivided into regionally named groups such as

Chuhada, Rokhi, Mehatar, Malkana, Halalkhor, and Lalbegi, or the Muslim Hela sub-caste.

These communities are held at the bottom of the social hierarchy and, accordingly, face dis-

crimination even from within the Dalit community. Considered fit for only the most ―pollut-

ing‖ labor, their role is to manually dispose of human excrement and perform other unsani-

tary tasks.

The International Labor Organization (ILO) distinguishes three forms of manual scavenging:

1) removal of human excrement from public streets and dry latrines, 2) cleaning septic tanks,

and 3) cleaning gutters and sewers. These tasks are subdivided by gender: 95 percent of pri-

vate and village toilets are cleaned by women; both women and men clean open defecation

from roads, open areas, and open gutters; and men typically clean septic tanks, closed gutters,

and sewers.

The exact number of people who continue manual scavenging is disputed, with government

estimates significantly lower than those by civil society groups. In March 2014, in an effort to

resolve this, the Supreme Court of India estimated that there are 9.6 million dry latrines that

are still being cleaned manually by people belonging to the Scheduled Castes. The Social Jus-

tice and Empowerment minister, Thaawar Chand Gehlot, told the Indian parliament in Au-

gust 2014: ―The practice of manual scavenging, arising from the continuing existence of in-

sanitary latrines, still persists in various parts of the country.‖ Neither the Supreme Court es-

timate, nor Gehlot‘s statement, however, take into account manual cleaning of open defeca-

tion from roads and other areas, removing excrement flushed into uncovered drains by private


SCAVENGERS


households in rural, semi-urban, and underdeveloped urban areas, or manual cleaning of pri-

vate and government septic tanks.

The greatest scourge of untouchability is felt by manual scavengers whose daily living based

on cleaning faces from public and private latrines and dispose of dead animals from the vil-

lage setup. Deemed to polluting and filthy occupation, this job is preformed exclusively by

Dalit‘s, and that too, to a sub caste of Dalit‘s who are considered even by other Dalit‘s sub-

castes to be wretched and 'untouchable.'

Manual Scavenging is not only a violation of human rights but also a disgrace to human dig-

nity and humanity at large. This situation persists despite the fact that the Employment of

Manual Scavengers and Construction of Dry Latrines (Prohibition) Act, 1993, is in enforce-

ment, which provides for the prohibition of the employment of manual

Scavengers as well as construction or continuance of dry latrines and for the regulation of

construction and maintenance of water-seal latrines for assuring the dignity of the individual,

as enshrined in the Preamble to the Constitution.

Manual scavenging continues to exist in India, despite being unacceptable and hazardous as a

method of disposal of human waste, despite scientific and technological advancement on var-

ious fronts that saves manual labor, and despite the availability of simple and low-cost alter-

natives which can eradicate the twin problems of manual scavenging and safe disposal of

human excreta. It passes on from generation to generation. Culture of acceptance prevailing

among them is also depriving them of their basic rights

Importantly, Governmental rehabilitation programs are mainly failed due to lack of reliable

number of manual scavengers and provision of meager financial support. It is estimation

based upon the Census 2011 data that approximately 1.2 Million manual scavengers are till

date involved in manual scavenging practice. Government of India has fixed a time limit to

end this inhuman practice since it was outlawed. However the deadline has been continuously

extended by the Central Government.

At the same time, the National Advisory Council adopted a number of recommendations for

the elimination of scavenging, while the Union Government on 27 August 2012 had cleared

the Prohibition of Employment of Manual scavenger and their rehabilitation Bill, 2012. In


SCAVENGERS


addition, Government has expressed speedy elimination of scavenging practice in the 12th

five year approach paper.

i. History

The bhangis are descendants of those captured in wars. There are many leg-ends about the

origin of bhangis, who have traditionally served as manual scavengers. One of them, associ-

ated with Lal Beg There is evidence of existence of toilets with a water seal in the civiliza-

tions of Harappa and Mohenjo-Daro. These cities had toilets which were connected to under-

ground drainage system lined with burnt clay bricks. In later stages manual scavenging be-

came a caste-based occupation and the vast majority of workers involved were women.

The practice of manual scavenging in India dates back to ancient time. According to contents

of sacred scriptures and other literature, scavenging by some specific caste of India exist

since the beginning of civilization. One of the fifteen duties of slaves enumerated in Naradiya

Samhita was of manual scavenging. This continues during the Buddhist and Mauraya period

also. In India, Jahangir built a public toilet at Alwar, 120 km away from Delhi for 100 fami-

lies in 1556 AD. Not much documentary evidence exists about its maintenance. Scholars

have suggested that the Mughal women with purdah required enclosed toilets that needed to

be scavenged. It is pointed out that the bhangis share some of the clan names with Rajput‘s,

and propose bhangis describes the origin of bhangis from Mehtar. Municipal records from

1870 show that the British organized municipalities in India which built roads, parks, public

toilets etc The British administrators organized systems for removing the fecal sludge and

employed bhang

ii. Definitions

Manual scavenging refers to the unsafe, undignified removal of raw (fresh and un-

treated) human excreta from buckets or other containers that are used as toilets or

from the pits of simple pit latrines.

Not all forms of dry toilets involve "manual scavenging" to empty them, but only

those that require unsafe handling of raw excreta. If on the other hand the excreta is

already treated or pre-treated in the dry toilet itself, as is the case for composting toi-

https://en.wikipedia.org/wiki/Harappa

https://en.wikipedia.org/wiki/Mohenjo-Daro

https://en.wikipedia.org/wiki/Public_toilet

https://en.wikipedia.org/wiki/Dignity

https://en.wikipedia.org/wiki/Human_waste

https://en.wikipedia.org/wiki/Toilet

https://en.wikipedia.org/wiki/Pit_latrine

https://en.wikipedia.org/wiki/Dry_toilets

https://en.wikipedia.org/wiki/Composting_toilets


SCAVENGERS


lets and urine-diverting dry toilets for example, then emptying these types of toilets is

not classified as "manual scavenging".

Also, emptying the pits of twin pit pour flush toilets is not classified as manual scavenging in

India, as the excreta is already partly treated and degraded in those pits.

The International Labor Organization describes three forms of manual scavenging in

India:

Removal of human excrement from public streets and "dry latrines" (meaning sim-

ple pit latrines without a water seal, but not dry toilets in general)

Cleaning septic tanks

Cleaning gutters and sewers

Manual cleaning of railway lines of excreta dropped from toilets of trains is another

form of manual scavenging in India.

iii. Terminology and Scope

Consistent with the terminology used in The Prohibition of Employment as Manual Scaven-

gers and Their Rehabilitation Act, 2013, in this report the term ―manual scavenger‖ refers to

―a person engaged or employed .by an individual or a local authority or an agency or a con-

tractor, for manually cleaning, carrying, disposing of, or otherwise handling in any man-

ner, human excreta in an insanitary latrine or in an open drain or pit.‖ An ―Insanitary latrine‖

is defined as ―a latrine which requires human excreta to be cleaned or otherwise handled

manually, either in situ, or in an open drain or pit into which the excreta is discharged or

flushed out.‖

Communities engaged as manual scavengers have distinct communal or caste names in vari-

ous parts of the country. The government identifies those that belong to the most marginal-

ized, so-called untouchable castes as Scheduled Castes, eligible for quotas in education and

employment. Rights activists from the community refer to themselves as Dalit‘s, literally

―broken people.‖ However, many from manual scavenging communities also call them-

selves Harijan, a term used by Mohandas Gandhi to describe them as people of God.

In formal legislative and legal contexts, the term safai karmachari has been introduced by

rights activists to refer to manual scavenging as an occupation rather than an identity, but the

https://en.wikipedia.org/wiki/Composting_toilets

https://en.wikipedia.org/wiki/Urine-diverting_dry_toilets

https://en.wikipedia.org/wiki/International_Labor_Organization

https://en.wikipedia.org/wiki/Pit_latrine

https://en.wikipedia.org/wiki/Dry_toilet

https://en.wikipedia.org/wiki/Septic_tank


SCAVENGERS


term safai karmachari refers to people employed as sweepers and sanitation workers as well

as those who manually clean excrement.

We refer to ―manual scavenging‖ in the report because this is the terminology used in the

2013 Act. This report focuses on the persistence of manual scavenging practices that are

linked to discrimination on the basis of caste or other status, and conclusively forbidden un-

der Indian law. Accordingly, we focus on human rights violations faced by communities en-

gaged in the manual cleaning of excrement in homes, open defecation areas, and open drains.

We do not address the health and safety regulations necessary to protect sanitation workers

and those who clean septic tanks, or examine the hiring, subcontracting, and sanitation prac-

tices of the Indian Railways that perpetuate manual scavenging.

In the absence of reliable government survey information on the prevalence of the manual

scavenging, when possible, we have used both government data and data collected by

Rashtriya Garima Abhiyan in our assessments of prevalence.

iv. Scavenging Caste

Scavenging is predominantly found in cities and towns as the need for a special caste to re-

move night soil and clean latrines in minimal in rural areas, where villagers prefer to defecate

in fields. Officials in the 20th century have tended

To use the term Bhangi as a label for scavenger, and sweepers, thorough out the country. This

name is now used for widespread jati in Hindi speaking areas of Northern India. Thus, when

the term ―scavenger‖ will generally be applied to persons employed to clean latrines and re-

move night soil.

But such a distinction frequently becomes blurred, because even within one family, several

members may be employed as municipal sweepers who clean roads and remove garbage,

while others work as scavengers cleaning public and private latrines. Hence, the family may

be called scavengers or sweepers Bhangis have an occupation that has remained hereditary,

because their tasks are dirty and they have to work in Appalling conditions, especially during

the monsoon season. The removal night soil and refuse is viewed by the Hindu Society as a

very degrading occupation which constitutes a permanent state of pollution. As a conse-

quence, scavenger and Sweeper communities have been treated as untouchable, unapproach-

able and UN seeable. This permanent state of pollution applies to the entire community and is


SCAVENGERS


hereditary. This untouchability has resulted in scavenger and sweeper communities being

physically segregated into overcrowded slums which are generally located in the Centre, or

older sections, of pigs

Roaming around, Families are forced to live next to the night soil dumping grounds or on top

of garbage collection sites in the slums.

v. Manual Scavenging the Issue is Not Employment; but Slavery

Handling human excreta is not voluntary employment, but a form of slavery sanctioned and

imposed through an Exploitative and inhuman caste system. The following are some other

reasons why we consider manual scavenging a form

Of slavery

It is a Compulsion: Whereas most of the civilized world has accepted the ideal that a citi-

zen's caste or creed Must not come in the way of exercising his choice of occupation, Indian

society still tolerates manual scavenging that has always been expected to be taken up only

by certain communities, That makes it a socially sanctioned and

Imposed custom in which caste one is born into decides whether he or she will be a benefi-

ciary or a victim The members of the communities that have been held captive by this tradi-

tion face overwhelming social sanctions And even violence when they revolt against this in-

justice.

It is Hereditary: Dr. Baba Sahib Ambedkar had said, ―Our society is like a multistoried pyr-

amid and there are no Stairs or doors for entering into these stories one has to die in the story

in which one is born.‖ The members of a Particular community would continue to engage in

occupations of their ancestors a far cry from any modern Notion of decent employment.

It is an Indefensible Custom: Manual scavenging is a caste-based custom perpetuated by an

extremely unequal Society. Customs are social constructs that are handed down from one

generation to its succeeding generation.


SCAVENGERS


They often survive the societal change even after their rationale and moral basis becomes in-

supportable. Since modern Indian nation has been predicated on the rejection of the caste sys-

tem in so far as it perpetuates Oppression and injustice, manual scavenging has become an

impediment to social justice and progress.

It is based on Caste-Based Division of Labor: Caste-based division of labor, which would

have the Balmiki And Haila communities perform manual scavenging, is an insult to the uni-

versally accepted values that inform the Conception of modern societies and economies The

'preordained' and 'watertight' nature of this division of labor perpetuates grave injustice to

certain communities and prevents them from breaking free of their miserable state.

Compulsion of Performing Other Tasks: In addition to handling human excreta, people

entrapped by the tradition of manual scavenging are expected to perform several other 'lowly'

tasks.

vi. The Condition of Manual Scavengers

Manual scavengers suffer from extreme form of discrimination, exclusion and powerlessness.

They are made to live in locations that are isolated from the rest of the village community. In

practice the hierarchy of the society is made visible by the pattern of habitation of the people

in the villages, town or cities. It begins with the upper castes occupying the decent locations

followed by lower castes and then manual scavengers who are considered untouchables even

within their own community. The extreme form of exploitation inherent in the caste system

has made a mockery of modern India's Labor laws and international conventions on the rights

of the workers, Manual scavengers, for example, are paid a pittance.

vii. Manual scavengers and health related issues:

Life of Manual Scavenger is at risk at every stage, looking in health related issue will make it

draw clearer picture of the problem. The working conditions of these sanitary workers have

remained virtually unchanged for over a century. Apart from the social atrocities that these

workers face, they are exposed to certain health problems by virtue of their occupation. These

health hazards include exposure to harmful gases such as methane and hydrogen sulphide,


SCAVENGERS


cardiovascular degeneration, musculoskeletal disorders like osteoarthritic changes and inter-

vertebral disc herniation, infections like hepatitis, leptospirosis and helicobacter, skin prob-

lems, respiratory system problems and altered pulmonary function parameters.

Women manual scavengers: Women working unprotected are in grave danger of contacting

countless diseases through their daily and close contact with human waste. Some of these

diseases, in addition to TB, include: campylobacter infection, cryptosporidiosis, giardiasis,

hand, foot and mouth disease, hepatitis A, Meningitis (viral), rotavirus infection, salmonella

infection, shigella infection, thrush, viral gastroenteritis, worms and yersiniosis. Facing the

dangers of daily contact, ―Ninety present of all manual scavengers have not been provided

proper equipment to protect them from faces borne illness,‖ said a report (Jan 2007) on safety

by India‘s TISS – Tata Institute of Social Sciences. This includes safety equipment like

gloves, masks, boots and/or brooms. The use of hands by women manual scavengers, along

with the certainty that they will have direct skin contact with human waste, is a very danger-

ous combination that is contributing to serious health conditions. Chronic skin diseases and

lung diseases are very common among women manual scavengers.

Sewage and manhole /sanitation workers

Most of the Municipalities in India are not equipped with the latest machines to clean the

sewage system and therefore, sewage workers employed under compulsion to enter the un-

derground sewerage lines through the manholes and cleanse them wherever the lines are

clogged for whatever reason. The job of the sewer worker is to inspect and maintain the un-

derground network pipes that make up sewerage system. Sewage workers have to remove

solid substance wastes which responsible for blockage of flow of fluid waste in sewage sys-

tem. For that sewage workers regularly entered into manholes which contain very poisonous

gases.

The working conditions of sewage workers are very dangerous; they are provided with a

Rope and bucket to clean the manhole manually. While working this, they have to face vari-

ous poisonous gases which are harmful for their health and sometime it causes their life. .

Due to that, Sewage workers usually have had cuts, injuries, irritation of eyes and suffered

from skin rash and related health problems. The existing protective equipment‘s are neither

adequate nor up to the standard quality. Also, most of the sewage workers are not educated to

use protective equipment‘s. Most of sewage workers are recruited on contract basis and on


SCAVENGERS


daily wages. A large number of sewer workers die before retirement. While working on busy

road area, there is always feared of accidents from moving vehicles.

viii. Health issues and treatment-seeking practices of manual scavengers

Nature of illness:

Injuries

Glass pieces bruising the foot and legs

Falls from garbage tractor/truck

Burns on hand while handling acid solutions

Eye irritation ,watering due to dust inside eyes

Chest pain

Body ache/tiredness

Cough and cold

Leg pain

Treatment-seeking practices in descending order

Continued to work

Medicines or dressings from pharmacies after work hours

Rest at work place supplemented by medicines hospital

Drink alcohol of illness

Drink alcohol for chest pain , tiredness and aches

ix. The Problems being faced in Elimination of Manual Scavenging


SCAVENGERS


The States/UT‘s are slow in identification of insanitary latrines and manual scaven-

gers as there is no time-bound plan for identification of insanitary latrines and manual scav-

engers. Further, in a case filed in the Supreme Court of India, many States/UTs gave affidavit

that there are no insanitary latrines in their jurisdiction. Due to fear of contempt of the Court,

they hesitate in reporting existence of insanitary latrines in their States/UTs. At present the

work of conversion of insanitary latrines into sanitary latrines is being attended to as a part of

broad program of construction of toilets. There is a need to have a time-bound approach as

per the mandate of the MS Act, 2013, for conversion of insanitary latrines. Rehabilitation of

manual scavengers is also slow and in many cases not adequate due to various problems be-

ing faced, which include:-

Manual scavengers are mostly illiterate and have no exposure to any work, other than

sanitation related work. Many of them are old. They lack confidence for running self-

employment projects. Many of them are not willing even to avail any skill development train-

ing. Banks are hesitant about providing loan to manual scavengers. Even many State Chan-

nelizing Agencies, due to low rate of recovery of loan from safai karamcharis, are not willing

to extend loan to manual scavengers. Due to low confidence levels the identified manual

scavengers demand that they may be provided jobs of safai karamchari in local authorities.

x. Initiatives for Eradication

LEGAL / LEGISLATIVE FRAMEWORK

Apart from various existing constitutional provisions, the Government of India has made the

following Legislative/Legal provisions for the welfare of Manual Scavengers:

The Protection of Civil Rights Act, 1955: Initially the Untouchability (Offences) Act, 1955,

had been enacted to abolish the practice of untouchability and social disabilities arising out of

it against members of the Scheduled Castes. It was amended in 1977 and is now known as the

Protection of Civil Rights Act, 1955. Under the revised Act, the practice of un touch ability

was made both cognizable and non-compoundable offence and stricter punishment was pro-

vided for the offenders.


SCAVENGERS


The Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989: The Sched-

uled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, came into force

on 31 January 1990. The Act, inter alia, specifies some types of offences as atrocities, pro-

vides for imposition of stricter penalties for the guilty and setting up of Special Courts for

speedy trial of such cases. The main objective of the Act is to prevent the commission of of-

fences of atrocities against the members of the Scheduled Castes and the Scheduled Tribes, to

provide for Special Courts for the trial of such offences and for the relief and rehabilitation of

the victims of such offences and for matters connected therewith or incidental thereto.

Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition) Act,

1993: The Employment of Manual Scavengers and Construction of Dry Latrines (Prohibi-

tion) Act, 1993 provides for the prohibition of employment of manual scavengers as well as

construction or continuance of dry latrines and for the regulation of construction and mainte-

nance of water sealed latrines and matters connected therewith. It has become applicable to

Andhra Pradesh, Goa, Karnataka, Maharashtra, Tripura, West Bengal and the Union Territo-

ries (UTs) with effect from 26 January 1997.

All the State governments have been requested to frame the rules for enforcing the Act. The

Assemblies of Orissa, Punjab, Assam, Haryana, Bihar and Gujarat have also adopted the Act.

The Act provides for a penalty of imprisonment up to one year with or without fine which

may extend to Rs.2000/- or both in case of failure or contravention of the Act. Further, in

case of repeated contraventions, fine to the extent of Rs.100/- per day for the entire period of

contravention is also provided6.

xi. COMMITTEES / COMMISSIONS

Barve Committee

The problem of scavenging and improving the conditions of scavengers has persistently been

engaging the attention of the Government since independence. The erstwhile Government of

Bombay, appointed a committee known as the Scavengers‘ Living Conditions Enquiry

Committee in 1949 with late Shri V.N. Barve as Chairman to study and enquire into the liv-

ing conditions of the scavengers in the State of Bombay and to suggest ways and means to

improve their conditions of work and to fix their minimum wages. The Committee submitted

its report to the Government of Bombay in 1952. In 1955 the Ministry of Home Affairs circu-


SCAVENGERS


lated a copy of the major recommendations of the Barve Committee to all the State Govern-

ments requesting them to adopt these recommendations7.

Kaka Kalelkar Commission

The first Backward Classes Commission which was appointed in 1953 under the Chairman-

ship of Kaka Kalelkar submitted its report in 1955. The Commission described the condition

of sweepers and scavengers as sub-human. The observations and recommendations of the

Backward Classes Commission were brought to the notice of all the State Governments by

the Ministry of Home Affairs in October 1956 emphasizing the need to introduce mechanical

and up-to-date methods of cleansing latrines so that the inhuman practice of doing this work

by hand and carrying night soil on heads is obviated as far as possible and also specific

schemes covering every sphere of life to uplift Bhangis from their ‗sub-human‘ level of exist-

ence8.

Central Advisory Board for Harijan Welfare

The Ministry of Home Affairs constituted a Central Advisory Board of Harijan Welfare in

1956 under the chairmanship of Late Pandit Gobind Ballabh Pant, the then Minister of Home

Affairs. This Board inter alia reviewed the working and living condition of the sweepers and

scavengers in the country and recommended to the Government to introduce a Centrally

Sponsored Scheme for this purpose9.

Malkani Committee

The Board in its meeting held on the 12th October, 1957 constituted a committee, known as

Scavenging Conditions Inquiry Committee consisting of Prof. N.R. Malkani as Chairman to

prepare a scheme to put an end to the degrading practice of scavenging having to carry

nightsoil in buckets or baskets. The Committee which submitted its report in December 1960

recommended not merely for eliminating the practice of carrying night soil as head loads, but

also for removing filth and indignity7 op. from all stages of scavenging and for improving the

working, living conditions and social status10.

Committee on Customary Rights

The Central Department of Social Welfare appointed a committee in 1965 under the chair-

manship of Prof. N. R. Malkani, to examine the question of the abolition of customary rights


SCAVENGERS


of the scavengers. The Committee which submitted its report in 1966 found that where scav-

enging is not municipalized the latrines were cleaned privately and one particular scavenger

acquired hereditary right to clean such latrine as against another scavenger by an understand-

ing and agreement. A customary relationship also develops with the householder and the

scavenger receives payments in some form or the other

Pandya Committee

The National Commission on Labor constituted by the Union Ministry of Labor appointed a

sub-committee (1968-69) under the chairmanship of Shri Bhanu Prasad Pandya to look into

the working and service conditions of sweepers and scavengers. One of the important rec-

ommendations of the committee was that ―the Central Government should undertake a com-

prehensive legislation for regulating their working, service and living conditions which

should also provide for adequate inspectorate and enforcement machinery‖.

Similar committees were also constituted at the State level in the States of Uttar Pradesh

(1955), Haryana (1969), Kerala (1971) and Karnataka (1976)12.

xii. SCHEMES FOR WELFARE AND REHABILITATION

In view of the existing hereditary obnoxious and inhuman condition of manual scavengers,

the Government has formulated various schemes/programs for their Social and Economic up-

liftment:

Valmiki Malin Basti Awas Yojna (VAMBAY): This scheme was launched by Government

of India during 2001 with the aim to provide shelter and upgrade the existing shelter for peo-

ple living below poverty line in urban slums which helps in making cities slum free. The

scheme is shared on 50:50 bases with states. Preference is given to women headed house-

holds. The Government releases subsidy on a 1:1 basis with loan13.

Total Sanitation Campaign (TSC): The Total Sanitation Campaign is a comprehensive

program to ensure sanitation facilities in rural areas with broader goal to eradicate the prac-

tice of open defecation. TSC was initiated in 1999 when Central Rural Sanitation Program

was restructured making it demand driven and people centered. It follows a principle of ―low

to no subsidy‖ where a nominal subsidy in the form of incentive is given to rural poor house-

holds for construction of toilets. TSC gives strong emphasis on Information, Education and

Communication (IEC), Capacity Building and Hygiene Education for effective behavior


SCAVENGERS


change with involvement of Panchayati Raj Institutions (PRIs), Community Based Organiza-

tions (CBOs), and Non-Governmental Organizations (NGOs) etc. The key intervention areas

are Individual Household Latrines (IHHL), School Sanitation and Hygiene Education

(SSHE), Community Sanitary Complex, Anganwadi toilets supported by Rural Sanitary

Marts (RSMs) and Production Centers (PCs) see Annexure-V 14.

Nirmal Gram Puraskar Yojna: To add vigor to the TSC, in June 2003, the Government of

India initiated an incentive scheme for fully sanitized and open defecation free Gram Pancha-

yats, Blocks, and Districts called the ‗Nirmal Gram Puraskar‘. The incentive provision is for

Panchayati Raj Institutions (PRIs) as well as individuals and organizations that are the driv-

ing forces for full sanitation coverage see

National Scheme of Liberation and Rehabilitation of Scavengers (NSLRS): The National

Scheme of Liberation and Rehabilitation of Scavengers (NSLRS) were launched by the Gov-

ernment in March, 1992 to provide alternate employment to the scavengers and their depend-

ents. Under the NSLRS the scavengers and their dependents are trained in trades of their apti-

tude which can provide them alternate employment. During the course of training, the train-

ees get stipend up to Rs.500/- per month and a tool kit allowance up to Rs.2,000/-. For reha-

bilitation, there is a prescribed financial package for different trades by which financial assis-

tance up to Rs.50, 000/- can be provided. Under NSLRS, the Government of India has formu-

lated and issued guidelines to all States and their Special Central Assistance (SCAs) to form

groups of 5 to 25 scavengers and start a production-cum-trading-cum service center for large-

scale conversion of dry latrines through Sanitary Marts in which the loan component would

be provided by the National Safai Karamcharis Finance and Development Corporation

(NSKFDC) 16.

Pre-matric Scholarships for the Children of those Engaged in Unclean Occupations: The ob-

jective of this scheme is to provide financial assistance to enable the children of scavengers

of dry latrines, tanners, flayers and sweepers who have traditional links with scavenging to

pursue pre-matric education. Under the scheme, the States / UTs are provided 100% Central

assistance over and above their respective committed liabilities to implement this scheme.

The scheme covers over 6 lakh students every year17.

Integrated Low Cost Sanitation Scheme (ILCS): In order to eliminate the dehumanizing

practice of physically carrying night soil, the Centrally Sponsored Scheme for Urban Low


SCAVENGERS


Cost Sanitation was initiated in 1981 by the Ministry of Home Affairs and later implemented

through the Ministry of Social Justice and Empowerment. The scheme envisages conversion

of dry latrines into low cost twin pit sanitary latrines and liberation of scavengers through to-

tal elimination of manual scavenging. The scheme

has been taken up on a ‗whole town basis‘ and is being operated through the Housing and

Urban Development Corporation (HUDCO) by providing a mix of subsidy from the Central

Government and loan from the HUDCO in a synchronized manner18.

Pay and Use Toilet Scheme: Under ‗Pay and Use Toilet Scheme‘, Central assistance through

Housing and Urban Development Corporation (HUDCO) was available to Urban Local Bod-

ies (ULBs) for construction of toilets for footpath and slum dwellers who were unable to con-

struct their own toilets. The period of the project was one year and the subsidy was payable in

four equal installments on submission of utilization certificates of each installment19.

The Prohibition of Employment as Manual Scavengers and their Rehabilitation Act

2013 or M.S. Act 2013

Government has passed the new legislation in September 2013 and issued Government noti-

fication for the same. In December, 2013 Government has also formulated Rules-2013 called

as "The Prohibition of Employment as Manual Scavengers and their Rehabilitation Rules

2013" or "M.S. Rules 2013". The details about Act and Rules are available on the website of

Ministry of Social Justice and Empowerment, GOI. Further, the hearing on 27 March 2014

was held on Manual Scavenging of writ petition number 583 of 2003, and Supreme Court has

issued final orders and case is disposed of with various directions to the Government. The

broad objectives of the act are to eliminate unsanitary latrines, prohibit the employment of

manual scavengers and the hazardous manual cleaning of sewer and septic tanks, and to

maintain a survey of manual scavengers and their rehabilitation.

National Safai Karamcharis Finance and Development Corporation (NSKFDC): National Sa-

fai Karamcharis Finance and Development Corporation (NSKFDC) was incorporated on 24

January, 1997 under Section 25 of the Companies Act, 1956, as an Apex Institution for all

round socio-economic upliftment of the Safai Karamcharis and their dependents throughout

India and to extend concessional financial assistance to the Safai Karamcharis beneficiaries

for establishment of income generating projects. NSKFDC provides loans to the Safai


SCAVENGERS


Karamcharis and their dependents through the State Channelizing Agencies. The target

groups of the Corporation are ―Scavengers‖ and their dependents and ―Safai Karamcharis‖20.

Assistance to State Scheduled Castes Development Corporations (SCDCs): The scheme

for assistance to State Scheduled Castes Development Corporations was introduced in the

year 1978-79 as a Centrally Sponsored Scheme in the States/UTs having sizeable Scheduled

Castes population. At present, SCDCs are functioning in 26 States and UTs. They are playing

an extremely useful role in mobilization of finances of economic development of the Sched-

uled Castes living below the poverty line. They have been acting as promoters and catalysts

for generating credit from financial

Institutions, providing missing inputs by way of margin money loans and subsidy to the tar-

get groups.Self-Employment Scheme for Rehabilitation of Manual Scavengers: This is a very

prominent scheme of the Ministry of Social Justice and Empowerment meant for the rehabili-

tation of Manual Scavengers. The salient features of the scheme are as under:-

As per survey reports received from States, there are 7, 70,338 scavengers and their depend-

ents in India. Taking into account manual scavengers numbering 4, 27,870 already assisted

under NSLRS and ineligible for assistance the number of Manual Scavengers yet to be reha-

bilitated is 3, 42,468 as per State wise details given in Annexure-III.

The objective of the scheme is to assist the remaining scavengers for rehabilitation, which

are yet to be assisted. Scavengers and their dependents, irrespective of their income, which

are yet to be provided assistance for rehabilitation, under any scheme of Government of In-

dia/State Governments will be eligible for assistance.

The identified scavengers will be provided training, loan, and subsidy. Credit will be provid-

ed by the banks, which will charge interest from the beneficiaries at the rates prescribed un-

der the scheme. NSKFDC or any other identified agency at the apex level will provide inter-

est subsidy to the banks through its State Channelizing Agencies (SCAs) or any other identi-

fied agency at the State level, for the difference between the interest chargeable by bank and

the interest to be charged from the beneficiaries under the scheme.

NSKFDC or any other agency identified under the scheme will undertake all activities under

the scheme and will co-ordinate with the concerned agencies to ensure optimum benefits to


SCAVENGERS


the beneficiaries. NSKFDC or other identified agency will have freedom to meet admissible

expenditure under the scheme out of their own funds, which will be reimbursable to them.

The scheme is proposed to be implemented at the national level through the NSKFDC or

other identified agencies for this purpose. At the State level, the implementing agencies will

be the state channelizing agencies identified for the purpose, which may include government

agencies and reputed non-governmental organizations.

The existing institutions under the Ministry such as the NSKFDC and its SCAs have the req-

uisite experience to implement the proposed scheme. However, their limited infrastructure

capacity would need to be enhanced.

SAFAI KARMACHARI ANDOLAN (SKA)

Safai Karmachari Andolan (SKA) is a national movement committed to the total eradication

of manual scavenging and the rehabilitation of all scavengers for dignified occupations. Safai

Karmchari Andolan was initiated in 1995 by children of those engaged in Manual scavenging

themselves for liberation from this ghastly occupation and dignity. Since then, it has grown

progressively to become a national movement spread over 25 states of India, with the nation-

al secretariat in New Delhi. Under the guidance of the National Advisory Group, SKA's pro-

grams are executed by the National Core Team working closely together with State Conven-

ers, Organizers and Animators across the country.

While primarily focusing on the rights of manual scavengers, SKA is also committed to

working with all those engaged in 'unclean' occupations such as sewage workers, pit workers

and sweepers who fall within the ambit of 'Safai Karmacharis'. SKA was instrumental in

eradicating manual scavenging in as many as139 districts, as 26 32nd Reports, Standing

Committee on Social Justice and Empowerment


SCAVENGERS


xiii. The Way Forward

To India’s Central Government

Take steps for the effective implementation of The Prohibition of Employment as Manual

Scavengers and Their Rehabilitation Act, 2013 (2013 Act), includes:

Identify all individuals currently engaged in manual scavenging and those who have

engaged in the practice since it was outlawed under the 1993 Act (so the latter are en-

titled to benefits under the 2013 Act)

Require local officials to take immediate, proactive steps to identify people engaged

in the practice of manual scavenging, and those who have left the practice since 1993.

This should include not only individuals who manually clean insanitary toilets, but al-

so those who clean open defecation and excreta from open drains, pits, and any other

area; and not only individuals who belong to Scheduled Castes, but also members of

Muslim and Christian communities engaged in the practice.

Conduct surveys jointly with communities engaged in manual scavenging and civil

society organizations.


SCAVENGERS


Provide all identified individuals with a photo identification card and registration

number granting them access to state and central schemes relevant to the rehabilitative

entitlements outlined in the 2013 Act.

Establish a transparent, centralized, easy-to-use online database that all eligible indi-

viduals can access using their registration numbers to allow them to independently

track the status of their applications for all relevant government schemes.

Ensure that rehabilitation entitlements under the 2013 Act—including financial assis-

tance, scholarships, housing, alternative livelihood support, and other important legal

and programmatic assistance—are available to manual scavenging communities

Immediately undertake a complete assessment and audit of all current schemes for

ending manual scavenging and all schemes relevant to rehabilitating manual scaven-

gers with attention to overcoming existing barriers to implementation.

Create a rehabilitation scheme in consultation with communities engaged in manual

scavenging and civil society organizations that corresponds with the rehabilitative

provisions under the 2013 Act. In particular, this scheme should provide for both im-

mediate and long-term access to sustainable livelihoods.

Develop a comprehensive checklist to assess the health, financial, housing, and social

empowerment needs of individuals who have left or seek to leave manual scavenging

in order to provide targeted support.

Ensure that training programs are based upon up-to date market analysis so that train-

ing results in sustainable livelihoods, imparts marketable skills, and includes ongoing

support to participants until they have secured a job or established a functioning busi-

ness.

Train women from manual scavenging communities to work as liaisons between their

communities and government systems, banks, and other relevant rehabilitation institu-

tions.

Coordinate action between all concerned ministries and government stakeholders, in-

cluding but not limited to the Ministries of Social Justice and Empowerment, Drink-

ing Water and Sanitation, Rural Development, Housing and Urban Poverty Allevia-

tion, Urban Development, Railways, Women and Child Development, Labor, and the

Planning Commission.

Facilitate immediate and long-term access to livelihoods

Ensure that manual scavenging communities can access employment under

MGNREGA. Recommendations from UN Women on facilitating women‘s access to

and participation in MGNREGA should be applied to women from communities that

traditionally practice manual scavenging.

Ensure that livelihood training and support programs are gender sensitive because the

majority of people who practice manual scavenging are women; all rehabilitative enti-


SCAVENGERS


tlement should be granted in the name of the woman or man previously engaged in

this work.

Develop grant-based schemes in consultation with engaged civil society organizations

in order to decrease the challenges of loan processes; implement recommendations

from the National Advisory Council with respect to grant-based schemes.

Reserve employment in non-sanitation related positions for women and men who

leave manual scavenging or who are willing to leave manual scavenging; where indi-

viduals were previously employed by municipal, government, semi government, or

private companies, they should be hired by these employers in tasks not connected

with scavenging.

Provide the one-time cash assistance provided for under the 2013 Act after proper

identification. However, this cannot be considered a substitute for the livelihood sup-

port necessary to provide both immediate and long-term access to livelihoods.

Fairly distribute housing under the Indira Awaas Yojana program to families engaged

in manual scavenging and to those who left since the practice was outlawed under The

Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition)

Act 1993; families headed by single women should be granted particular priority.

Take immediate steps to ensure that officials effectively intervene to stop communi-

ties from being coerced to practice manual scavenging, including when members of

such communities face threats and intimidation for attempting to leave manual scav-

enging.

To India’s State Governments:

Comply with Supreme Court directives and central government initiatives and take immedi-

ate steps for the effective implementation of The Prohibition of Employment as Manual

Scavengers and Their Rehabilitation Act, 2013, and in particular:



titled to benefits under the 2013 Act) by establishing a state-level committee to super-

vise the work of identifying such people. This committee should include the chief sec-

retary of the state, and representatives from the Scheduled Castes Commission,

Scheduled Castes Welfare Department, Secretary of the Ministry of Social Justice,

Health Ministry, and representatives of civil society organizations working with im-

pacted communities.

Ensure accountability for implementing the 2013 Act


SCAVENGERS


Investigate complaints of corruption in allocation of rehabilitative entitlements, and

impose penalties and suitable administrative measures upon local officials in cases of

delays in delivering rehabilitation benefits to manual scavengers.

Investigate all reports of failure to convert insanitary latrines by both individual

households and panchayats, and impose penalties on individual households and local

officials in cases of delays in converting insanitary latrines and constructing sanitary

latrines.

Run a state-level help line to be used by individuals engaged or formerly engaged in

manual scavenging to identify themselves for inclusion in the list, report coercion and

threats from the community and within their families, and obtain assistance in access-

ing rehabilitative provisions.

Train district collectors, village councils, chief executive officers of municipal corpo-

rations, police officials, and any other local officials tasked with implementing The

Prohibition of Employment as Manual Scavengers and Their Rehabilitation Act,

2013, on the provisions of the 2013 Act and the Scheduled Castes and Scheduled

Tribes Prevention of Atrocities Act, 1989. Establish a policy that under no circum-

stances should police refuse to register a complaint or dissuade or intimidate a com-

plainant, with disciplinary consequences for those who do.

Initiate public health awareness campaigns on sanitation, including the health and

human rights consequences of the persistence of manual scavenging and open defeca-

tion. Involve youth in clean and healthy village campaigns and recognize villages and

districts for exemplary performance in changing sanitation habits and facilities.

To District and Village Authorities

Take steps for the effective implementation of The Prohibition of Employment as Manual

Scavengers and Their Rehabilitation Act, 2013. These should include:



titled to benefits under the 2013 Act)

Establish block-level committees to monitor the survey process. These committees

should include relevant department officials, women engaged in manual scavenging

or those that have stopped manual scavenging, and representatives from civil society

organizations working with communities that traditionally practice manual scaveng-

ing.


SCAVENGERS


Establish a district-level committee to oversee the progress of the block-level commit-

tees appointed to monitor the survey process.

Accept applications for inclusion in the list of manual scavengers on an ongoing basis

from individuals engaged or previously engaged as manual scavengers who have been

excluded from initial surveys; these applications should be reviewed by the block-

level committee responsible for monitoring the survey process.

Ensure the conversion of insanitary dry latrines

Take disciplinary action against local officials who fail to convert insanitary latrines

in a timely manner, such as within 30 days of receiving a final notice.

File cases under The Prohibition of Employment as Manual Scavengers and Their

Rehabilitation Act, 2013, against heads of households that continue to hire people to

work as manual scavengers following a formal oral or written warning.

Take proactive measures to ensure that rehabilitation entitlements under the 2013 Act

are available to manual scavenging communities

Implement National Advisory Council recommendations to presumptively include

manual scavengers in the Below Poverty Line list so that they have access to govern-

ment schemes.

Investigate any complaints related to failures to identify and rehabilitate individuals

currently or previously engaged in manual scavenging work.

Facilitate access to alternate livelihoods

Ensure that local officials employ people who work or have worked as manual scav-

engers in panchayats, municipalities, municipal corporations, and other local bodies

including in jobs that break down untouchability practices.

Assist individuals from manual scavenging communities who have been awarded land

to take possession.

Facilitate access to housing.

To Donors, Aid Agencies, and Concerned Governments

Encourage the Indian government to uphold its commitments to end manual scaveng-

ing.

Ensure that all support for sanitation projects in India require an immediate end to

manual scavenging and contain effective mechanisms for ongoing monitoring to en-

sure the practice is discontinued.

Support government initiatives and provide technical assistance to develop suitable

livelihood programs, both immediate and long term, to assist manual scavenging

communities. Livelihood programs should be gender sensitive and designed with the

participation of manual scavenging communities and civil society organizations that

work with such communities.


SCAVENGERS


Support civil society initiatives to pilot holistic empowerment programs to support in-

dividuals who have left manual scavenging, seek to leave manual scavenging, and

remain engaged in the practice. Such support should include comprehensive health,

education, social empowerment, and livelihood support including not only skills train-

ing but also ongoing support to ensure job placement or viable self-employment. Pro-

grams should be gender sensitive, designed with the participation of manual scaveng-

ing communities, and based upon evidence-based practices that can be replicated and

up-scaled.

The Prohibition of Employment as Manual Scavengers and their Rehabilitation Bill,

2012

Highlights of the Bill

The Bill prohibits the employment of manual scavengers, the manual cleaning of

sewers and septic tanks without protective equipment, and the construction of insani-

tary latrines.

It seeks to rehabilitate manual scavengers and provide for their alternative employ-

ment.

Each local authority, cantonment board and railway authority is responsible for sur-

http://www.prsindia.org/billtrack/prohibition-of-employment-as-manual-scavengers-and-their-rehabilitation-bill-2012-2449/





SCAVENGERS


veying insanitary latrines within its jurisdiction. They shall also construct a number

of sanitary community latrines.

Each occupier of insanitary latrines shall be responsible for converting or demolishing

the latrine at his own cost. If he fails to do so, the local authority shall convert the la-

trine and recover the cost from him.

The District Magistrate and the local authority shall be the implementing authorities.

Offences under the Bill shall be cognizable and non-bailable, and may be tried sum-

marily.

Key Issues and Analysis

The existing law prohibiting manual scavenging was enacted under the State

List. There could be an argument for Parliament‘s jurisdiction to enact this Bill as

this regulates conditions of work, and is thus a Concurrent List item.

Neither the state nor the central is mandated under the Bill to provide financial assis-

tance for the conversion of insanitary latrines. This may adversely impact implemen-

tation of the Bill.

Offences under the Bill may be tried summarily though the penalty could be five

years imprisonment. However, under the CrPC, only offences with a maximum im-

prisonment of two years can be tried summarily.

A state government can grant the Executive Magistrate the judicial power to try of-

fences under the Bill. This may create a conflict of interest if the Executive Magis-

trate is also the implementing authority.

xiv. An overview of Judgments of manual scavengers

Supreme Court of India

Safai Karamchari Andolan and Ors vs Union of India and Ors on 27 March, 2014

Author: P.Sathasivam

Bench: P Sathasivam, Ranjan Gogoi, N.V. Ramana


SCAVENGERS


P.Sathasivam, CJI

1) The above writ petition has been filed by the petitioners as a Public Interest Litigation un-

der Article 32 of the Constitution of India praying for issuance of a writ of mandamus to the

Respondent-Union of India, State Governments and Union Territories to strictly enforce the

implementation of the Employment of Manual Scavengers and Construction of Dry Latrines

(Prohibition) Act, 1993 (in short the Act), inter alia, seeking for enforcement of fundamental

rights guaranteed under Articles 14, 17, 21 and 47 of the Constitution of India.

2) Brief facts:

(i) The inhuman practice of manually removing night soil which involves removal of human

Excrements from dry toilets with bare hands, brooms or metal scrappers; carrying excrements

and baskets to dumping sites for disposal is a practice that is still prevalent in many parts of

the country. While the surveys conducted by some of the petitioner- organizations estimate

that there are over 12 lakh manual scavengers undertaking the degrading human practice in

the country, the official statistics issued by the Ministry of Social Justice and Empowerment

for the year 2002-2003 put the figure of identified manual scavengers at 6,76,009. Of these,

over 95% are Dalit‘s (persons belonging to the scheduled castes), who are compelled to un-

dertake this denigrating task under the of traditional occupation. The manual scavengers are

considered as untouchables by other mainstream castes and are thrown into a vortex of severe

social and economic

(ii) The sub-Committee of the Task Force constituted by the Planning Commission in

1989estimated that there were 72.05 lakhs dry latrines in the country. These dry latrines have

not only continued to exist till date in several States but have increased to 96 lakhs and are

still being cleaned manually by scavengers belonging to the Scheduled Castes.

http://idsn.org/wp-content/uploads/2014/03/6d7c981635.jpg


SCAVENGERS


(iii) National Scheduled Castes and Scheduled Tribes Finance and Development Corporation

was setup in February, 1989 as a Government company to provide financial assistance to all

the Scheduled Castes and Scheduled Tribes including Safai Karamchari for their economic

development.

(iv)The Government of India formulated a Scheme known as Low Cost Sanitation for Libera-

tion of Scavengers which is a centrally sponsored Scheme being implemented in 1989-90 for

elimination of manual scavenging by converting existing dry latrines into low cost water pour

flush latrines and also for construction of new sanitary latrines.

(v) With a view to eliminate manual scavenging, a Scheme known as National Scheme of

Liberation and Rehabilitation of Scavengers and their Dependents was launched in March

1992 for identification, liberation and rehabilitation of scavengers and their dependents by

providing alternative employment after giving the requisite training.

(vi)Based on earlier experience and keeping in view the recommendations of the National

Seminar on Rural Sanitation held in September 1992, a new strategy was adopted by the

Government of India in March 1993. The emphasis was now on providing sanitary latrines

including the construction of individual sanitary latrines for selected houses below the pov-

erty line with subsidy of 80% of the unit cost of Rs.2,500/-.

(vii) In the year 1993, the Parliament enacted the Employment of Manual Scavengers and

Construction of Dry Latrines (Prohibition) Act, 1993 and it received the assent of the Presi-

dent on 5th June, 1993. The long title of the Act describes it as an Act to provide for the pro-

hibition of employment of manual scavengers as well as construction or continuance of dry

latrines and for the regulation of construction and maintenance of water-seal latrines and for

matters connected there with or incidental thereto.

(viii) The Act, which was enacted in June 1993, remained inoperative for about 3½ years. It

was finally brought into force in the year 1997. In the first instance, the Act applied to the

States of Andhra Pradesh, Goa, Karnataka, Maharashtra, Tripura and West Bengal and to all

the Union Territories. It was expected that the remaining States would adopt the Act subse-

quently by passing appropriate resolution under Article 252 of the Constitution. However, as

noted by the National Commission for Safai Karamcharis-a statutory body, set up under the

National Commission for Safai Karamcharis Act, 1993, in its 3rd and 4th Reports (combined)

submitted to the Parliament, noted that the 1993 Act was not being implemented effectively

and further noted that the estimated number of dry latrines in the country is 96 lakhs and the

estimated number of manual scavengers identified is 5, 77,228. It further noted that manual


SCAVENGERS


scavengers were being employed in the military engineering works, the army, public sector

undertakings, Indian Railways etc.

(ix) In 2003, a report was submitted by the Comptroller and Auditor General (CAG) which

evaluated the National Scheme for Liberation and Rehabilitation of Scavengers and their De-

pendents. The conclusion of the report was that this Scheme has failed to achieve its objec-

tives even after 10 years of implementation involving investment of more than Rs. 600

crores. It further pointed out that although funds were available for implementation of the

Scheme, much of it were unspent or underutilized. The Committees set up for monitoring the

Scheme were non-functional. It further noted that there was lack of correspondence between

liberation and rehabilitation and that there was no evidence to suggest if those liberated were

in fact rehabilitated. It concluded that the most serious lapse in the conceptualization and op-

erationalization of the Scheme was its failure to employ the law that prohibited the occupa-

tion the law was rarely used.

(x) In December, 2003 the Safai Karamchari Andolan along with six other civil society or-

ganizations as well as seven individuals belonging to the community of manual scavengers

filed the present writ petition under Article 32 of the Constitution on the ground that the con-

tinuation of the practice of manual scavenging as well as of dry latrines is illegal and uncon-

stitutional since it violates the fundamental rights guaranteed under Articles 14, 17, 21 and 23

of the Constitution of India and the 1993 Act.

3) We have heard the arguments advanced by learned counsel for the parties and perused the

records. Relief sought for:

4) The petitioners have approached this Court by way of writ petition in 2003 inter alia, seek-

ing: (i) to ensure complete eradication of Dry Latrines; Safai Karamchari Andolan And Ors

vs Union Of India And Ors on 27 March, 2014

(ii) to declare continuance of the practice of manual scavenging and the operation of Dry La-

trines violative of Articles 14, 17, 21 and 23 of the Constitution and the 1993 Act;

(iii) To direct the respondents to adopt and implement the Act and to formulate detailed

plans, on time bound basis, for complete eradication of practice of manual scavenging and

rehabilitation of persons engaged in such practice;

(iv) To direct Union of India and State Governments to issue necessary directives to various

Municipal Corporations, Municipalities and Nagar Panchayats (all local bodies) to strictly

implement the provisions of the Act and initiate prosecution against the violators; and


SCAVENGERS


(v) To file periodical Compliance Reports pursuant to various directions issued by this Court.

Discussion:

5) The practice of untouchability in general and of manual scavenging in particular was dep-

recated in no uncertain terms by Dr. B.R. Ambedkar, Chairman of the Drafting Committee of

the Constitution of India. Accordingly, in Chapter III of the Constitution, Article 17 abolished

untouchability which states as follows: Abolition of Untouchability: Untouchability is abol-

ished and its practice in any form is forbidden. The enforcement of any disability arising out

of Untouchability shall be an offence punishable in accordance with law.

6) Article 17 of the Constitution was initially implemented through the enactment of

The Protection of Civil Rights Act, 1955 (formerly known as the Untouchability (Offences)

Act, 1955). Section 7A of the said Act provides that whoever compels any person on the

ground of untouchability to do any scavenging shall be deemed to have enforced a disability

arising out of untouchability which is punishable with imprisonment. While these constitu-

tional and statutory provisions were path breaking in themselves they were found to be inad-

equate in addressing the continuation of the obnoxious practice of manual scavenging across

the country, a practice squarely rooted in the concept of the caste-system and untouchability.

7) Apart from the provisions of the Constitution, there are various international conventions

and covenants to which India is a party, which prescribe the inhuman practice of manual

scavenging. These are the Universal Declaration of Human Rights (UDHR), Convention on

Elimination of Racial Discrimination (CERD) and the Convention for Elimination of all

Forms of Discrimination against Women (CEDAW). The relevant provisions of the UDHR,

CERD and CEDAW are hereunder: Article 1 of UDHR All human beings are born free and

equal in dignity and rights.

They are endowed with reason and conscience and should act towards one another in

Spirit of brotherhood

(ii) to declare continuance of the practice of manual scavenging and the operation of Dry La-

trines violative of Articles 14, 17, 21 and 23 of the Constitution and the 1993 Act;

(iii) To direct the respondents to adopt and implement the Act and to formulate detailed

plans, on time bound basis, for complete eradication of practice of manual scavenging and

rehabilitation of persons engaged in such practice;


SCAVENGERS


(iv) to direct Union of India and State Governments to issue necessary directives to various

Municipal Corporations, Municipalities and Nagar Panchayats (all local bodies) to strictly

implement the provisions of the Act and initiate prosecution against the violators; and

(v) To file periodical Compliance Reports pursuant to various directions issued by this Court.

Discussion:

5) The practice of untouchability in general and of manual scavenging in particular was dep-

recated in no uncertain terms by Dr. B.R. Ambedkar, Chairman of the Drafting Committee of

the Constitution of India. Accordingly, in Chapter III of the Constitution, Article 17 abolished

untouchability which states as follows: Abolition of Untouchability: Untouchability is abol-

ished and its practice in any form is forbidden. The enforcement of any disability arising out

of Untouchability shall be an offence punishable in accordance with law.

6) Article 17 of the Constitution was initially implemented through the enactment of

The Protection of Civil Rights Act, 1955 (formerly known as the Untouchability (Offences)

Act, 1955). Section 7A of the said Act provides that whoever compels any person on the

ground of untouchability to do any scavenging shall be deemed to have enforced a disability

arising out of untouchability which is punishable with imprisonment. While these constitu-

tional and statutory provisions were path breaking in them self, they were found to be inade-

quate in addressing the continuation of the obnoxious practice of manual scavenging across

the country, a practice squarely rooted in the concept of the caste-system and untouchability.

7) Apart from the provisions of the Constitution, there are various international conventions

and covenants to which India is a party, which prescribe the inhuman practice of manual

scavenging. These are the Universal Declaration of Human Rights (UDHR), Convention on

Elimination of Racial Discrimination (CERD) and the Convention for Elimination of all

Forms of Discrimination against Women (CEDAW). The relevant provisions of the UDHR,

CERD and CEDAW are hereunder: Article 1 of UDHR All human beings are born free and

equal in dignity and rights. They are endowed with reason and conscience and should act to-

wards one another in spirit of brotherhood.


SCAVENGERS


Article 2(1) of UDHR Everyone is entitled to all the rights and freedom set forth in this Dec-

laration, without distinction of any kind, such as race, color, sex, language, religion, political

or other opinion, national or social origin, property, birth or other status.

Article 23(3) of UDHR Everyone who works has a right to just and favorable remuneration

enduring for himself and his family an existence worthy of human dignity and supplemented,

if necessary, by other means of social protection Article 5(a) of CEDAW States Parties shall

take all appropriate measures

a) to modify the social and cultural patterns of conduct of men and women, with a view to

achieving the elimination of prejudices and customary and all other practices which are based

on the idea of the inferiority or the superiority of either of the sexes or on stereotyped roles

for men and women. Article 2 of CERD Article 2(1)(c) States parties condemn racial dis-

crimination and undertake to pursue by all appropriate means and without delay a policy of

eliminating racial discrimination in all its forms and promoting understanding among all rac-

es, and to his end:

(c) Each State party shall take effective measures to review governmental, national

And local policies, and to amend, rescind or nullify any laws and regulations which

Have the effect of creating on perpetuating racial discrimination wherever it exists;

(d) Each State party shall prohibit and bring to an end, by all appropriate means, including

legislation as required by circumstances, racial discrimination by any persons, group or or-

ganization. The above provisions of the International Covenants, which have been ratified by

India, are binding to the extent that they are not inconsistent with the provisions of the do-

mestic law.

8) From 2003 till date, this writ petition was treated as a continuing mandamus. Several or-

ders have been passed by this Court having far reaching implications. The petitioners have

brought to focus the non- adoption of the Act by various States which led to ratification of the

Act by State Assemblies (including the Delhi Assembly which ratified the Act as late as in

2010). The Union Government, State Governments as well as the petitioners have filed affi-

davits from time to time as per the directions of this Court and also as to the compliance of

those orders.


SCAVENGERS


9) This Court has, on several occasions, directed the Union and State Governments to take

steps towards the monitoring and implementation of the Act. Various orders have gradually

pushed the State Governments to ratify the law and appoint Executive Authorities under the

Act. Under the directions of this Court, the States are obligated by law to collect data and

monitor the implementation of the Act.

10) Due to mounting pressure of this Court, in March, 2013, the Central Government an-

nounced a Survey of Manual Scavengers. The survey, however, was confined only to 3546

statutory towns and did not extend to rural areas. Even with this limited mandate, as per the

information with Petitioner No. 1, the survey has shown remarkably little progress. State rec-

ords in the Progress Report of Survey of Manual Scavengers and their Dependents dated

27.02.2014 show that they have only been able to identify a miniscule proportion of the num-

ber of people actually engaged in manual scavenging. For instance, the petitioners, with their

limited resources, have managed to identify 1098 persons in manual scavenging in the State

of Bihar. The Progress Report dated 27.02.2014 claims to have identified only 136. In the

State of Rajasthan, the petitioners have identified 816 manual scavengers whereas the Pro-

gress Report of the State dated 27.02.2014 has identified only 46.

11) The aforesaid data collected by the petitioners makes it abundantly clear that the practice

of manual scavenging continues unabated. Dry latrines continue to exist notwithstanding the

fact that the 1993 Act was in force for nearly two decades. States have acted in denial of the

1993 Act and the constitutional mandate to abolish untouchability.

12) For over a decade, this Court issued various directions and sought for compliance from

all the States and Union Territories. Due to effective intervention and directions of this Court,

the Government of India brought an Act called The Prohibition of Employment as Manual

Scavengers and their Rehabilitation Act, 2013 for abolition of this evil and for the welfare of

manual scavengers. The Act got the assent of the President on

18.09.2013. The enactment of the aforesaid Act, in no way, neither dilutes the constitutional

mandate of Article 17 nor does it condone the inaction on the part of Union and State Gov-

ernments under the 1993 Act What the 2013 Act does in addition is to expressly acknowledge

Article 17 and Article 21 rights of the persons engaged in sewage cleaning and cleaning tanks

as well persons cleaning human excreta on railway tracks.


SCAVENGERS


13) Learned Additional Solicitor General has brought to our notice various salient features of

the Act which are as under:-

(i) The above-said Act has been enacted to provide for the prohibition of employment as

manual scavengers, rehabilitation of manual scavengers and their families and for matters

connected therewith or incidental there to.

(ii) Chapter I of the Act inter alia provides for the definitions of hazardous cleaning, insani-

tary latrine and manual scavenger as contained in Sections 2(1) (d), (e) and (g) thereof re-

spectively. (iii) Chapter II of the Act contains provisions for Identification of Insanitary la-

trines. Section 4(1) of the Act reads as under: 4 - Local authorities to survey insanitary la-

trines and provide sanitary community latrines (1) every local authority shall, (a) carry out a

survey of insanitary latrines existing within its jurisdiction, and publish a list of such

Insanitary latrines, in such manner as may be prescribed, within a period of two months from

the date of commencement of this Act;

(b) give a notice to the occupier, within fifteen days from the date of publication of the list

under clause (a), to either demolish the insanitary latrine or convert it into a sanitary latrine,

within a period of six months from the date of commencement of this Act: Provided that the

local authority may for sufficient reasons to be recorded in writing extend the said period not

exceeding three months;

(c) Construct, within a period not exceeding nine months from the date of commencement of

this Act, such number of sanitary community latrines as it considers necessary, in the areas

where insanitary latrines have been found.

(iv)Chapter III of the Act contains provisions for prohibition of insanitary latrines and em-

ployment and engagement as manual scavenger. Sections 5, 6 and 7 of the Act read as under:

5 - Prohibition of insanitary latrines and employment and engagement of manual scavenger

(1) notwithstanding anything inconsistent therewith contained in them Employment of Manu-

al Scavengers and Construction of Dry Latrines (Prohibition) Act, 1993(46 of 1993), no per-

son, local authority or any agency shall, after the date of commencement of this Act, -- (a)

construct an insanitary latrine; or

(b) Engage or employ, either directly or indirectly, a manual scavenger, and every person so

engaged or employed shall stand discharged immediately from any obligation, express or im-

plied, to do manual scavenging.


SCAVENGERS


(2) Every insanitary latrine existing on the date of commencement of this Act, shall either be

demolished or be converted into a sanitary latrine, by the occupier at his own cost, before the

expiry of the period so specified in clause (b) of sub-section (1) of section 4: Provided that

where there are several occupiers in relation to an insanitary latrine, the liability to demolish

or convert it shall lie with,-- (a) The owner of the premises, in case one of the occupiers hap-

pens to be the owner; and

(b) all the occupiers, jointly and severally, in all other cases: Provided that the State Govern-

ment may give assistance for conversion of insanitary latrines into sanitary latrines to occupi-

ers from such categories of persons and on such scale, as it may, by notification, specify:

Provided further that non-receipt of State assistance shall not be a valid ground to maintain or

use an insanitary latrine, beyond the said period of nine months.

(3) If any occupier fails to demolish an insanitary latrine or convert it into a sanitary

Latrine within the period specified in sub-section (2), the local authority having jurisdiction

over the area in which such insanitary latrine is situated, shall, after giving notice of not less

than twenty one days to the occupier, either convert such latrine into a sanitary latrine, or de-

molish such insanitary latrine, and shall be entitled to recover the cost of such conversion or,

as the case may be, of demolition, from such occupier in such manner as may be prescribed.

6 - Contract, agreement, etc., to be void (1) Any contract, agreement or other instrument en-

tered into or executed before the date of commencement of this Act, engaging or employing a

person for the purpose of manual scavenging shall, on the date of commencement of this Act,

be terminated and such contract, agreement or other instrument shall be void and inoperative

and no compensation shall be payable therefor.

(2) Notwithstanding anything contained in sub-section (1), no person employed or engaged as

a manual scavenger on a full-time basis shall be retrenched by his employer, but shall be re-

tained, subject to his willingness, in employment on at least the same emoluments, and shall

be assigned work other than manual scavenging. 7 - Prohibition of persons from engagement

or employment for hazardous cleaning of sewers and septic tanks No person, local authority

or any agency shall, from such date as the State Government may notify, which shall not be

later than one year from the date of commencement of this Act, engage or employ, either di-

rectly or indirectly, any person for hazardous cleaning of a sewer or a septic tank. (v) Sec-

tions 8 and 9 of the Act provide for penal provisions which read as under: 8 - Penalty for con-

travention of section 5 or section 6 Whoever contravenes the provisions of section 5 or sec-


SCAVENGERS


tion 6 shall for the first contravention be punishable with imprisonment for a term which may

extend to one year or with fine which may extend to fifty thousand rupees or with both, and

for any subsequent contravention with imprisonment which may extend to two years or with

fine which may extend tom one lakh rupees, or with both.m9 - Penalty for contravention of

section 7 Whoever contravenes the provisions of section 7 shall for the first contravention be

punishable with imprisonment for a term which may extend to two years or with fine which

may extend to two lakh rupees or with both, and for any subsequent contravention with im-

prisonment which may extend to five years or with fine which may extend to five lakh ru-

pees, or with both.

vi) Chapter IV of the Act contains provisions with respect to identification of manual scaven-

gers in Urban and Rural Areas and also provides for their rehabilitation. Section 13 of the Act

reads as under;


SCAVENGERS


xv. List of Manual Scavengers dead till 2016 maintained by PUCL

Sl.

No. Date and place of accident Victims

1 9

th April 2008 at K.R. Nagar in My-

sore district

2 persons deceased:

Shri Kariya (38 years) and Shri Lakshmanna (40) and 4

persons injured

2 5

th July 2008 at Velankanni Pvt. Ltd.

in Electronic City, Bangalore

2 persons deceased:

Shri Krishnappa, (35 years) and Shri Ramchandra (25

years) and 1 person injured

3

14th November 2008 at dairy circle

near Telecom Exchange Quarters,

Yelahanka New Town, Bangalore

3 persons deceased:

Shri Amaresh (23 years), Shri Narasimha (32 years) and

Shri Srinivas (23 years)

4

9th May 2009 at Karimsaab Layout

(also known as Srigandhanagar),

Hegganahalli Cross, Peenya 2nd

Stage, Bangalore

3 persons deceased:

Shri Rajanna (35 years), Shri Shivu, (33 years) and Shri

Pampanna, (35 years)

5 11th December 2010 at R.T.O. in Ko-

lar city

2 persons deceased:

Shri Manjunath and Shri Rajanna

6 9

th July, 2011, at Poornarama Coffee

Estate at Kenchammana Hoskote,

Alur Taluk, Hassan District

2 persons deceased:

Shri Mahadeva and Shri Arjuna

7 24th October, 2011, at Kolar Gold

Fields

3 persons deceased:

Shri Kutty Prasad, Shri Nagendra Babu, and Shri Ravi

8 6th November, 2011in Kinnigoli

town, Dakshina Kannada district

1 person deceased:

Shri Kitta Koraga

9 17th December, 2011 in Tiptur,

Tumkur District

1 person deceased:

Shri Jagadish and Shri Dharma

10 16

th February, 2012 in Dharwad

1 person deceased:

Shri Yakub Yalapati and 1 person injured

11 14

th July, 2012 in Arakere, Banner-

ghatta Road

2 persons deceased:

Shri Shankarappa from Gulbarga and Shri Bogan from

Andhra Pradesh

12 22nd

July, 2012 in Channayakpuri,

Hubli

2 persons deceased

Shri Ramesh and Shri Santosh

13 23rd

November, 2012 in Royal Or-

chid hotel, Shimoga

2 persons deceased

Shri Annappa and Shri Ratnakar

14 1st April 2013 at Girija slum,

Mandya town

1 person deceased

Shri Rangappa

15 28th

April, 2013 to 1st May, 2013 1 person deceased


SCAVENGERS


at Raichur Shri Venkatesh

16 25th October 2013 in Peenya, Banga-

lore

2 persons deceased

Shri. Prahalad Kumar and Shri. Rohit Kumar

17 18th

January, 2014 at K.P.

Agrahara, Bangalore

1 person deceased

Shri Chenchaiah

18 24th

September, 2014 Saray Palya

manhole death

2 persons dead

Sridhar, Davanagere and Henry, Kudligi

19 1st April 2015, Hubli

2 Persons dead

Suphal, West Bengal, Hanumantha, Telangana

20 18 August 2015 at Jayamahal

Extendtion near H Anjaneya & U

T Khadar residence

2 persons dead

Prasanna Kumar, Tumkur district

Yathiraj @ Seit, Kadugondanahally

21 10

th October 2015, Royal

Apartment, Electronic city,

Bangalore

3 persons dead,

Jagadeesh, KR Pet Mandya, Ranjeeth,Balasoore, Odissa,

Mahesh from Nepal

22 28, November 2015, Saraswathi

Puram, Tumkur

2 persons dead

Narasimha murthy and Chikkanna, Kuripalya

colony, Tumkur

23 3rd

April 2016

Durgapura / Khasbath

4 persons dead,

Muniswamy, Shravanur, Dharmapuri dist., TN,

Jaganath, Moolathimmanhalli, Palmaneru Taluk,

Chittur, dist.

Citizens went to rescue them also dead are Madhu

Vanniganahalli, Doddaballapur Taluk and Muniraj,

Hamam village, Doddaballapur Taluk.

Total 46- persons

In 2015- 9 persons dead


SCAVENGERS


REVIEW OF LITREATURE

According to Harsh Mander- India’s great shame

The new bill banning manual scavenging is more comprehensive than its predecessor, but

still contains loopholes that need to be plugged.

One of modern India‘s great shames is the official failure to eradicate ‗manual scavenging‘,

the most degrading surviving practice of untouchability in the country. Merely because of

their birth in particular castes, the practice condemns mostly women and girls, but also men

and boys, to clean human excreta in dry latrines with their hands, and carry it to disposal

dumps or lakes or rivers. Many men also clean sewers, septic tanks, open drains into which

excreta flows, and railway lines.

Forty-three years after its prohibition in the Constitution, in 1993, a law was passed which

outlawed the practice. But it was a feeble and toothless law, weakly and reluctantly applied. It

was rescued only by extraordinary and sustained non-violent resistance by organisations of

manual scavengers themselves. I have in these columns celebrated their collective actions to

demolish dry latrines and proudly burn the baskets in which they carried human excreta.

They also moved the Supreme Court of India to compel central and state governments to en-

force the law.

Scavenger as ―a person engaged in or employed for manually carrying human excreta‖ The

2012 bill definition is fittingly more elaborate and inclusive, and includes ―a person engaged

or employed... for manually cleaning, carrying, disposing of, or otherwise handling in any

manner, human excreta in an unsanitary latrine or in an open drain or pit into which the hu-

man excreta from the insanitary latrine is disposed of, or on a railway track...‖

But the advantages of the expanded definition are completely undone by the provision that a

person who cleans ―excreta with the help of such devices and using such protective gear, as

the Central Government may notify in this behalf, shall not be deemed to be a ―manual scav-

enger‖‘. No such proviso was there even in the 1993 law. It deliberately introduces a huge

escape route: employers may merely issue gloves and protective clothing, which the Central

http://www.thehindu.com/profile/author/harsh-mander/


SCAVENGERS


Government notifies as sufficient, and this would be sufficient to allow the demeaning prac-

tice to persist.

According to Ms Ganguly- the Indian toilet cleaners treated like dirt

(Tuesday 26 August)

AN INTERNATIONAL rights group is calling for reform after it was found that hundreds of

thousands of low-caste Indians are still using their bare hands to clean human excrement from

roads and millions of dry-pit toilets across the country, despite laws against it. Ancient and

deep-rooted caste discrimination has kept manual scavengers, as they are known, from escap-

ing their traditional role as waste cleaners, Human Rights Watch said in a report.

Scavenging is mostly carried out by a sub-group of the Dalit‘s, an outcast community also

known as ―untouchables‖ within India‘s ancient system of caste hierarchies. They are often

impoverished, shunned by society and forbidden from touching Indians from other castes, or

even their food. That discrimination, as well as chronic debt, blocks them from other jobs and

opportunities, Human Rights Watch said.

―When you have no-one to clean, only then do you build a proper toilet. That‘s not happening

here, because there is a community that can be made to clean it,‖ Meenakshi Ganguly, the

New York-based group‘s South Asia director said. ―It‘s just so appalling, so no-one is going

to dispute that manual scavenging must end. But then, they need to make it happen.‖

There is no firm number for the number of Indians still scavenging, earning as little as one

rupee (about 1p) a day, or sometimes only food.

The International Dalit Solidarity Network estimates that 1.3 million people are stuck in what

it calls the ―forced labor‖ or ―slavery‖ of manual scavenging. However, the government said

last week that it had counted only 11,000 scavengers in 23 of India‘s 29 states.

Human Rights Watch estimates that there are hundreds of thousands of untouchables manual-

ly cleaning human excrement, Ms. Ganguly said, ―especially if you also count those cleaning

train tracks, clogged drains or septic tanks.


SCAVENGERS


According to Ashif shaikth & lali bai-

Eradication of inhuman practice of manual scavenging and comprehensive rehabilitation of

manual scavengers in India – A report by Rashtriya Garima Abhiyan (Thu, 2011-04-21

21:15)

The practice continues in the country in spite of efforts of several people, implementation of

government schemes such as the National Scheme for Liberation and Rehabilitation of Scav-

engers since 1992 and Self Employment Scheme for Rehabilitation of Manual Scavengers

since 2007, and regardless of it being banned in 1993 through a central legislation.

Those involved in manual scavenging not only suffer from the inhuman pain of scavenging

human faces but also go through the unbearable pain and humiliation of discrimination, un-

touchability and social exclusion.

The report makes the following recommendations related to the emancipation of manual

scavengers -

The government should introduce a bill to amend the Employment of Manual Scavengers and

Construction of Dry Latrines (prohibition) Act, 1993, to provide for action against the Dis-

trict Collector and the Chief Secretary of a State that has been found to harbor the practice of

manual scavenging. The bill should also provide for imprisonment and financial penalties

against the officials of the urban local bodies, Panchayats and government offices responsible

for continued existence of dry latrines either in their own premises or within their jurisdic-

tions.

The amendment should increase the duration of imprisonment and the amount of fines for the

owners of dry latrines.

The Government of India, through a new legislation, should apologize to them who have suf-

fered for generations due to this inhuman practice.

The amendment to Employment of Manual Scavengers and Construction of Dry Latrines

(prohibition) Act, 1993, must also clearly define manual scavenging and widen this definition

to include all kinds of work that involve manual clearing of excreta. The rehabilitation of the

victims must also be incorporated into the Act.


SCAVENGERS


Manual Scavenging should be added to Section 3.1.6 of The Scheduled Castes and Tribes

(Prevention of Atrocities) Act, and those Officers who are responsible for putting an end to

this practice but are not carrying out their duties should be punished under Section 3.2.7 of

this Act.

According to Ramdas Rao- PUCL Karnataka

Response to Kolar Deputy Commissioner- (October 31, 2011)

We are responding to the statement of the Deputy Commissioner, Kolar that was reported in

the newspapers dated 29th October, 2011 alleging PUCL‘s role in the death of 3 persons per-

forming the work of manual scavenging in KGF on 24th October, 2011. (Reference 1, 2)

Since the statement makes serious allegations about the functioning of a national human

rights organization like PUCL, we request you to publish our reply to his statement.

PUCL-K would like to express its enormous disquiet at the statement of the District Commis-

sion, Kolar blaming PUCL-K for the incident of manual scavenging in the Kolar Gold Fields.

It is difficult to even fathom the extent of the defamatory intent, unscrupulous twisting of

facts and the self -serving nature underlying the DC‘s statement. In brief the DC‘s statement

is nothing other than a cynical attempt to pass the buck for the comprehensive failure of the

district administration to abolish manual scavenging (which is in fact the most heinous ex-

pression of untouchability). Such casual and baseless charges are not only defamatory to

PUCL-K, but more importantly amount to a show of contempt and disrespect towards the de-

ceased persons, Shri Kutti Prasad, Shri Nagendra Babu and Shri Ravi, and willfully ignores

the economic situation which had forced them into this form of employment. Even sixty

years after independence, the state, by its failure to fulfill its constitutional mandate, is re-

sponsible for the continuing tragic deaths of Dalit while cleaning soak pits and manholes.

These conditions grossly violate the promise of working with dignity which is a constitution-

al birth right for all citizens. The most cynical part of the DC‘s statement is to insinuate that

PUCL-K actually engineered this incident to record and use it to tarnish the image of the Dis-

trict Administration. At this point it might be useful to remind the DC of the fact that the

PUCL-K has been actively involved in the public campaign against the practice of manual

scavenging in all its forms across the State of Karnataka, and specifically in KGF. In 2009,

PUCL -K filed a Public Interest Litigation before the Karnataka High Court placing on record

the fact that scores of safai karmacharis have died while performing the work of manhole

http://www.thehindu.com/todays-paper/tp-national/tp-karnataka/article2578513.ece

http://www.deccanherald.com/content/201020/dc-says-pucl-social-workers.html


SCAVENGERS


cleaning which is akin to manual scavenging in various parts of Karnataka. In the last several

months, we have visited Savanur, KGF and Alur in Hassan district, and brought out fact-

finding reports on the pervasive extent of manual scavenging in Karnataka and its effects on

the health and survival of the safai karmacharis. In fact it was after PUCL-K complained

about this practice in KGF that the State Human Rights Commission in an order dated 28th

June, 2011 recognized the existence and gravity of the problem of manual scavenging in

KGF as well as the failure of the District Administration to take any steps to ameliorate the

situation, and to implement the Employment of Manual Scavengers and Construction of Dry

Latrines (Prohibition) Act, 1993. The SHRC has issued orders directing the District Admin-

istration to take full-fledged rehabilitation measures. It is only subsequent to the orders of the

SHRC that the District Administration was compelled to initiate rehabilitation measures.

The burden of the DC‘s rhetoric is that there is no manual scavenging in KGF, and that ade-

quate measures have been taken to abolish manual scavenging. The so-called rehabilitation

measures undertaken by the district administration are not only grossly inadequate but are in

fact responsible for driving the three workers to their deaths.

PUCL-K is in the process of bringing out a comprehensive report on the extent of manual

scavenging in KGF in which we will detail the complete failure of the district administration

to provide rehabilitation in any meaningful way. This Report will bring out the gravity of the

situation and the need to take immediate and substantial steps to end this heinous practice

thereby fulfilling the constitutional mandate of a life with dignity for all persons compelled

into this degrading profession. Finally, PUCL-K calls upon the Deputy Commissioner, Kolar

to apologies for his irresponsible and defamatory statements, acknowledge the failure of the

district administration that has resulted in the deaths of the three safai karmacharis and to take

immediate steps towards preventing the recurrence of such tragedies.


SCAVENGERS


According to-

Obalesh - Let's celebrate Gandhi by purging manual scavenging

Also, the operative word is "recorded": far too many people forced to plunge into the sewers,

sometimes to die there or to develop debilitating skin diseases or die young thanks to alcohol-

ism (as they find it unbearable to get down manholes without dulling the senses) do so with-

out anyone knowing.

Even the recorded ones get little mention in the media – local, regional or national. Because

Savarna Hindu-born journalists and media managers get to decide what is or is not "news".

And the deaths of the four people in Doddaballapur, 36 kilometers‘ from Bangalore has also

been quickly forgotten by the media.

Members of the Safai Karmachari Kavalu Samithi (watchdog committee), Alternative Law

Forum, People‘s Democratic Forum and the People‘s Union for Civil Liberties and associated

civil society organizations in Bangalore have been trying over the past weeks to draw the at-

tention of the authorities to the government‘s comprehensive failure in preventing the deaths

of people who are almost entirely from the Dalit caste. (Disclosure: this writer is a member of

the PUCL‘s Bangalore unit.)

http://www.dailyo.in/politics/swachh-bharat-gandhi-jayanti-manual-scavenging-toilets-national-commission-for-safai-karamcharis-pemsr-act-2013/story/1/6554.html


SCAVENGERS


According to - Bageshree S

‘Worker was made to manually clear manhole’

Manual scavenging appears to persist in Bangalore despite repeated assurance by the gov-

ernment that it will be done away with and the process would be fully mechanized. A recent

incident in J.P. Nagar V Phase stands as a testimony.

The Dalit Bahujan Movement (DBM), a non-governmental organization, has lodged a com-

plaint with the Jayaprakash nagar police station that a worker was made to get into a manhole

by Bangalore Water Supply and Sewerage Board (BWSSB) to clear the clogged manhole at

the intersection of Puttenahalli Main Road and 18th Main Road earlier this month.

A case was booked under Section 336 of the Indian Penal Code (Act endangering life or per-

sonal safety of others) and under The Prohibition of Employment as Manual Scavengers and

their Rehabilitation Act, 2013.

Curiously, when the police are yet to start investigation, the Karnataka State Safai Karamcha-

ri Commission has done a spot inspection and given a report to BWSSB that there had been

no manual scavenging and a worker only helped remove obstacles to attach the hose pipe of

the jetting machine.


SCAVENGERS


According to - Naomi naghi

In a Fulcrum: Revisiting the Conditions of Manual Scavengers in India

(March 14th

2016)

The Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition) Act,

1993, aimed for prohibition of employment of manual scavengers and for the regulation of

construction and maintenance of water-seal latrines and for matters connected therewith or

incidental thereto. Likewise, ‘Prohibition of Employment as Manual Scavengers and Their

Rehabilitation Bill, 2012‘ which defines manual scavenger in a wider framework which in-

clude a person engaged or employed for manual cleaning of human excreta in an insanitary

latrine or in an open drain or pit, on railway tracks etc. The bill aims at elimination of dry la-

trines and manual scavenging and the rehabilitation in alternate occupations of those engaged

in this task. However, in spite of awareness against such hazardous occupation, its continu-

ance has not ceased to exist. The objective of this paper is to look at the health related issues

which manual scavengers have to confront with and a review of the initiatives taken by the

State for health and safety measures of manual scavengers. In this study the stigma attached

to manual scavenging, and social angle of caste based occupation for continuance of this oc-

cupation has also been briefly discussed


SCAVENGERS


According to – kavitha muralidharan

Children of indignity: Deaths of manual scavengers are murders by society, and we ignore it

Eighty deaths and counting in two decades is too small a number to trouble a soul otherwise

engaged in heated political debates or deep conversations about the next superstar. In a state

obsessed with its politics and cinema, manual scavenging and deaths caused by it is ‗just an-

other news‘ - sometimes not even relevant enough to be carried in the mainstream media

Like many of us, the men who entered into the manholes knowing full well they are risking

their lives, had dreams to live. They were perhaps hoping that their sons and daughters would

grow up to work in a more dignified atmosphere and give them the much needed redemption.

Every time they went into a septic tank, they were probably thinking of their child‘s school

and the fees they might have to pay the next quarter.

Yet the deaths did nothing to the collective conscience of the civil society. Manual scaveng-

ing continues, unabated, triggering no sense of shame to any party involved. Manual scaveng-

ing is inhuman, even otherwise. Where is the dignity of labour for those handling the waste

with their bare hands? What is the level of humanness in making them do a work we would

consider abhorrent? What makes them less human than we are?

Manual scavenging might not shock us as much as the 2002 Thinniyam incident did – where

Dalit‘s were forced to eat human excreta by members of dominant caste. But it is no less a

crime.


SCAVENGERS


According - B Rishikesh Bahadurdesai

Worker was made to manually clear manhole’

Manual scavenging appears to persist in Bangalore despite repeated assurance by the gov-

ernment that it will be done away with and the process would be fully mechanized. A recent

incident in J.P. Nagar V Phase stands as a testimony.

The Dalit Bahujan Movement (DBM), a non-governmental organization, has lodged a com-

plaint with the Jayaprakashnagar police station that a worker was made to get into a manhole

by Bangalore Water Supply and Sewerage Board (BWSSB) to clear the clogged manhole at

the intersection of Puttenahalli Main Road and 18th Main Road earlier this month.

A case was booked under Section 336 of the Indian Penal Code (Act endangering life or per-

sonal safety of others) and under The Prohibition of Employment as Manual Scavengers and

their Rehabilitation Act, 2013.

Curiously, when the police are yet to start investigation, the Karnataka State Safai Karamcha-

ri Commission has done a spot inspection and given a report to BWSSB that there had been

no manual scavenging and a worker only helped remove obstacles to attach the hose pipe of

the jetting machine.

M. Venkatesh, State president of DBM, is perplexed by this. ―It is strange that we, as com-

plainants, were not even approached by the commission before giving BWSSB a clean chit,‖

he said, adding that the worker was standing knee-deep in the slush inside the manhole and

had no protective gear. ―I have submitted photographic and video evidence,‖ he said, adding

that a sucking-and-jetting machine was parked close by but was not used. Responding to this,

K.R. Mohan, secretary of the commission, said: ―We did not find any witnesses when we vis-

ited the spot. But we can re-investigate the case.‖

The Dalit Bahujan Movement has also submitted petitions to the Governor, Chief Minister,

Social Welfare Minister and the Karnataka State Human Rights Commission demanding ac-

tion. The organization had brought to light a similar incident last year on Mysore Road and

http://www.thehindu.com/news/national/karnataka/b-rishikesh-bahadurdesai/article7451984.ece


SCAVENGERS


The Hindu had reported it. (―Machines to clean sewage lines can‘t come sooner‖, November

13, 2013). In its petition, DBM has recalled similar incidents reported from Mulbagal in Ko-

lar, Kolar Gold Fields, Mandya, Anekal and Mysore. On March 2 this year, Kumar (29) was

killed when the clogged manhole he was cleaning got flooded in Mysore.

Speaking to The Hindu, M. Shivanna, chairperson of the National Safai Karamchari Com-

mission, said that the law against manual scavenging was stringent and anyone failing to im-

plement safety measures (including deploying mechanical apparatus), were liable to be pros-

ecuted.

Manual scavengers to tie rakhi to Narendra Modi

"Tying Rakhi to prime minister will be a major symbol against the existing stigma to-

wards manual scavengers.

By Indo-Asian News Service on August 28, 2015

New Delhi, Aug 28: Several manual scavengers, liberated by an NGO, will tie rakhi to Prime

Minister Narendra Modi on the occasion of Raksha Bandhan that falls on Saturday. The

group of five women will also hand over 1,000 rakhis to Modi designed by the widows from

Vrindavana and Varanasi in Uttar Pradesh who have been looked after by the NGO Sulabh

International.

―Tying Rakhis to prime minister will be a major symbol against the existing stigma towards

manual scavengers. It is a sad thing that widows have been considered inauspicious and man-

ual scavengers as untouchables,‖ said Bindeshwar Pathak, founder of Sulabh Internation-

al. With the help of Sulabh International, these people have been moved from manual scav-

enging to work like cooking, embroidery and painting.

Earlier on Raksha Bandhan, hundreds of manual scavengers and widows also tied rakhis on

the wrist of Hindu priests and Sanskrit scholars. Sulabh International works towards im-

provement of sanitation conditions across the country and also helps in the rehabilitation of

manual scavengers.

http://www.india.com/author/indo-asian-news-service/


SCAVENGERS


In Rajasthan, these women are still doing manual scavenging

Belonging to the lowest rung of the Hindu caste hierarchy, these women

clean dry latrines and carry the faces in bamboo baskets

Date: (September 4, 2014 11:41 AM)

Karauli1 (Rajasthan), Sep 4: Every day at 6 am, Reena stealthily heads out from her house

with the veil of her saree pulled down till her nose to avoid being seen when leaving to do the

job she hates the most — removing human excrement with her bare hands. Living just 325

km from the national capital in Rajasthan‗s Karauli district, Reena is among 116 manual

scavengers the central government had identified for rehabilitation two years ago. She was

employed as a sweeper in the local civic body but was thrown out of her job which forced her

to resume manual scavenging.

―My own children run away from me when I reach home. They say I stink and make them

throw up,‖ Reena told a visiting IANS correspondent. Reena is among the many women in

impoverished Karauli who are forced to make ends meet by doing manual scavenging. De-

spite the existence of strict laws prohibiting manual scavenging in the country, the centuries-

old practice is still rampant in many areas.

Belonging to the lowest rung of the Hindu caste hierarchy, these women clean dry latrines

and carry the faeces in bamboo baskets on their heads for dumping in a faraway place. After a

great deal of persuasion, Reena and five other manual scavengers agreed to meet this IANS

correspondent and narrate their ordeal.

―Three days after my marriage, my mother-in-law took me along with her and forced me to

remove excreta from a house. After that I had to be admitted to a hospital for three days,‖

sharp-featured Sulekha (name changed), 30, told IANS. She cleans the toilets of 15 houses

every morning – and the amount she gets from each house is an appallingly low Rs.20 per

month.

The women frequently complain of headaches, stomach aches and nausea – due to inhaling

the noxious fumes during their work. The women are also malnourished. ‖We cannot miss

http://www.india.com/news/jaipur/42-candidates-file-nominations-for-rajasthan-4-assembly-bypolls-131912/


SCAVENGERS


work even for a day as the dirt gets piled up in the dry latrines and the stench worsens. Even

if we want to take a day off, the families forcibly drag us from our homes,‖ Namrata (name

changed), in her early 30s, told IANS.

―I could not escape this work even during my pregnancy. My child is stunted and always

sick,‖ Namrata added. One common factor in these women is their reddish-black corroded

teeth that come from chewing gutka (flavoured betel nut) most of the time. ‖To clean the

mess, either you have to be dead drunk or have gutka in your mouth. The scent of gutka

keeps us from vomiting,‖ Reena said.

―The government claims that these women have been rehabilitated, but this is not the case.

The majority of them had to get back to manual scavenging because they could not get jobs,‖

Rajesh Sharma, programme coordinator of local NGO Dang Vikas Sansthan, told IANS.

―I thought my life would become better when I was employed as a sweeper in the nagarpalika

(civic body), but I got thrown out of the job after two months because it was a contractual

one,‖ Mina (name changed), told IANS. ‖I was left in the lurch because I was jobless. I had

to resort to manual scavenging as nobody employed me because of my caste and past job,‖ a

distraught Meena added.

These women live on the largesse of the houses they work in. The yellow floral sari which a

pale looking Ratan (name changed), in her early 30s, was wearing and the bracelet on her

wrist are gifts from her employers, she said. ‖Can you ever imagine us buying clothes? We

wear the worn out clothes of our employers,‖ said Ratan.

Their children are malnourished with stunted growth. But then, help looks near at hand. The

district administration, perhaps rattled by Prime Minister Narendra Modi‘s promise of

―Swatch Bharat‖ (clean India) to provide toilets in every home by 2019, said it would ―look

into‖ their case. ‖Manual scavenging is a blot on modern India. It‘s a matter for the municipal

council to do something. I will look into their cases,‖ district collector Babulal Jatawat told

IANS.


SCAVENGERS


:

The research methodology refers to the different procedures used in research studies. So, be-

fore starting any research a preliminary plan has to be drawn out. The aim of the study and

available resources should be understood at the outset.

The main purpose of this chapter is to have a clear idea of research procedure followed in the

study. The value of vey systematic and scientific procedure lies on its methodology. The in-

vestigator wishes to put forward the extent of the study the procedure followed to collect the

data motivation for the study.

According to Black and Champion, ―Scientific research consists of obtaining information

through empirical observation that can be used for the systematic development of logically

related propositions attempting to establish casual relations among variables. Research is a

systematic, scientific study. It means an intensive and powerful search for knowledge and

understanding of social and physical phenomena. It is a method for discovering of true values

in a scientific way. Methodology means set of methods used to study the problem.

Definitions of Manual Scavenging

―The manual removal of human and animal excreta using brooms, small tin plates, and bas-

kets carried on the head. The allocation of labor on the basis of caste is one of the fundamen-

tal tenets of the Hindu caste system. Within this system Dalit‘s have been assigned tasks and

occupations which are deemed ritually polluting by other caste communities -such as sweep-

ing, disposal of dead animals and leatherwork. By reason of their birth, Dalit‘s are considered

to be "polluted", and the removal of human and animal waste by members of the "sweeper"

community is allocated to them and strictly enforce‖(United Nations Commission on Human

Rights, 2002)

1.1 TOPIC OF STUDY

―A study on socio-economic conditions and problems faced by manual scavengers‖


SCAVENGERS


SCOPE OF THE STUDY

The study is concentrated on the manual scavengers of narayanpura, kammanahalli, hoskote

and Kolar. And the total members nearly 150 and the sample size concentrated for the study

is 50 respondents specifically from manual scavengers, contract labors, dabbe workers. Spe-

cifically the study concentrated on the socio-economic conditions and their health issues due

to manual scavenging work.

1.2 AIM OF THE STUDY

To understand the problems faced by the manual scavengers in kolar and

Bangalore

1.3 Objectives

To know the personal profile of manual scavengers.

To understand the problems faced by the manual scavengers.

To know the socio-economic conditions of manual scavengers.

To study about present social condition and assistant programs/schemes/programs

of manual scavengers.

1.3 RESEARCH DESIGN

Definition of research design

1. According to David J Luck and Ronald S Rubin, ―A research design is the deter-

mination and statement of the general research approach or strategy adopted for the

particular project. It is the heart of planning. If the design adheres to the research ob-

jective, it will ensure that the client‘s need will be served.

2. According to Kerlinger, ―Research in the plan, structure and strategy of investiga-

tion conceived so as to obtain answers to research questions and to control variance.


SCAVENGERS


Types of research design

Descriptive Design

Experimental Design

Exploratory Design

Descriptive research design is used for the present study:

DESCRIPTIVE DESIGN:

Definition and Purpose

Descriptive research designs help provide answers to the questions of who, what, when,

where, and how associated with a particular research problem; a descriptive study cannot

conclusively ascertain answers to why. Descriptive research is used to obtain information

concerning the current status of the phenomena and to describe "what exists" with respect to

variables or conditions in a situation

1.4 SAMPLING

Definition of sample:

A process used in statistical analysis in which a predetermined number of observations will

be taken from a larger population. The methodology used to sample from a larger population

will depend on the type of analysis being performed, but will include simple random sam-

pling, systematic sampling and observational sampling.

The sample should be a representation of the general population.


SCAVENGERS


Types of sampling

Probability and non-probability sampling

Simple random sampling

Systematic sampling

Stratified sampling

Cluster sampling

Quota sampling

Sampling design for present study:

The researcher has adopted Simple random sampling method for the study

SAMPLE SIZE:

The researcher has decided 50 respondents as samples for the study.

1.5 UNIVERSE OF THE STUDY:

The universe of the study is kammanahalli, Narayanpura, kolar, hoskote.

1.6 DATA COLLECTION.

Definition:

Systematic gathering of data for a particular purpose from various sources, including

questionnaires, interviews, observation, existing records, and electronic devices The process

is usually preliminary to statistical analysis of the data.


SCAVENGERS


TOOLS FOR DATA COLLECTION

Data collection is the indispensable component of any research project. It is essential for the

preparation of any project report. The main strength of the report depends on the process of

collecting synthesizing and analyzing information, which must have a bearing on the defined

situation.

PRIMARY DATA

Primary data is a type of information that is obtained directly from first-hand sources by

means of surveys, observation or experimentation. It is data that has not been previously pub-

lished and is derived from a new or original research study and collected at the source such as

in marketing.

One method of data collection is distributing questionnaire to employees. The data collected

through the method of structured questionnaire. The scale used for the questionnaire was

multiple choices

Another method used in the primary data collection was through interacting with employees

and also through observation.

SECONDARY DATA

Secondary data are those which have been collected beforehand by others and which have

already passed through the statistical process.

Secondary data obtained from the management books, journals, Magazines and through

internet. And also the secondary data are collected through the various records and infor-

mation maintained by the company.

Data analysis and interpretation is done by the questionnaire data and at last the values

are given for each dimension to find out the work-life balancing level of the individual re-

spondents as well as in each department.


SCAVENGERS


Tool adopted for present study:

The researcher has adopted questionnaire method which is a primary method of collecting

the data for the study.

Statistical Software and Statistical Tools

Quantitative data was tabulated and analyzed with support of statistical packages for

Social sciences (SPSS) software version- (23)

1.7 LIMITATIONS OF THE STUDY

Time duration may was sufficient for the study.

Some of the respondents hesitate to express their opinion.

Study was limited at the interaction level.

As the information was collected during working hours, the members were not com-

fortable to give their response.

Questionnaire distribution was been limited to 50 respondents.

Too much of money spent for research.


SCAVENGERS


Table No-1 Showing Age of the Respondents

Sl.No Age( years) Frequency Percentage

01 20-30 7 14.0

02 30-40 21 42.0

03 40-50 14 28.0

04 50-60 8 16.0

Total 50 100.0

According to the Graphical representation 14%of the respondents belong to 20-30 age group,

42% of the respondents are from 30-40 age group, 28% of the respondents are from 40-50

years of age and 16% of the respondents are above 50-60 years of age.

It clearly shows that majority of the respondents belongs to the age group of 30-40. It also

shows that the middle age people are involoved in the manual scavenging work.


SCAVENGERS


Table-02 showing Gender of Manual Scavengers

Sl.no Gender Frequency Percentage

01 Male 32 64.0

02 Female 18 36.0

Total 50 100.0

The above table shows that 64 % of the respondents are male and 36% of the respondents are

female.

From this we can interpret that majority of male involving in manual scavenging work, less

female are doing this occupation due to low socioeconomic background.


SCAVENGERS


Table-3 Showing Native State Representation of Manual

scavengers in Karnataka

Sl.No Native state Frequency Percentage

01

Karnataka 30 60.0

02 Tamilnadu

4 8.0

03 Andrapradesh 16 32.0

Total 50 100.0

According to the analysis 60% of respondents belong to Karnataka, 8% of them belong to Ta-

milnadu and 32% belong to Andrapradesh.

The above analysis interprets that majority of the manual scavengers are from Karnataka and

have migrated in search for various jobs. The socio economic background of the families is

very poor.


SCAVENGERS


Table-4 Showing Location of Work

Sl.No Location of work Frequency Percentage

01

Narayanpura 7 14.0

02 Kolar 22 44.0

03 kammanahalli 8 16.0

04 Hoskote 13 26.0

Total 50 100.0

The above table shows that 44% of respondents are located in Kolar, 26% of respondents are

from Hoskote, 16% respondents are from Kammanahalli and remaining 14% of respondents

are from Narayanpura

From this we can interpret that majority of Manual scavengers are located in Kolar district

and they all have been practicing the manual scavenging since so many years.


SCAVENGERS


Table-5 Showing Education Qualification of Manual Scavengers

Sl.No

Education Qualifi-

cation Frequency Percentage

01 1 to 5th

14 28.0

02 6th to 10th

20 40.0

03 11th to 12th

2 4.0

04 Nill 14 28.0

Total 50 100.0

The above table shows that 40% of respondents have studied from 6th

to10th, 28% of

respondents have studied from 1st to5th standard and 4% of respondents have studied from

11th

to 12th

remaining 28% of respondents are illiterates.

The above table clearly shows that majority of manual scavengers have studied Upto 6th

to

10th

and only 4% of people were only able to study till 11th

to 12th

.


SCAVENGERS


Table-6 Showing Number of Individuals in family

Sl.No

Individuals in

family Frequency Percentage

01 Upto 2 20 40.0

02 3 to 4 28 56.0

03 5 to 7 2 4.0

Total 50 100.0

The above table shows that 4% of the respondents have 5 to 7 individuals in family, 40% of

respondents have upto2 individuals in family and remaining 56% of the respondents have 3 to

4 individuals in family.

The above analysis interprets that Majority of respondents are having 3 to 4 family members

in family.


SCAVENGERS


Table-07 Showing Caste classification of manual scavengers

Sl.No Caste Frequency Percentage

01 SC 35 70.0

02 Muslim 3 6.0

03 Adi dravida 7 14.0

04 AK 5 10.0

Total 50 100.0

The above table shows that 70% of respondents are belong to schedule caste, 14% of the re-

spondents belong to Adi dravida and 10% of the respondents are belong to Adi Karnataka

and remaining of the respondents belong to the Muslim caste.

From this we can interpret that majority of respondents are belong to SC caste which is con-

sidered as backward community.


SCAVENGERS


Table-08 Showing Inspiration to work

Sl.No

Inspiration to

work Frequency Percentage

01 Self 25 50.0

02 Family 13 26.0

03 Others 7 14.0

04 Friends 5 10.0

Total 50 100.0

The above table shows that 50% of respondents have his/her own self-inspiration to do the

manual scavenging work and 20% of the respondents are inspired by their family members,

and 14% of the respondents are inspired by others, remaining 10% of the respondents are in-

spired by friends.

From this we can interpret that majority of the respondents have got self- inspiration to do the

manual scavenging work.


SCAVENGERS


Table-9 Showing Length of years in Manual Scavenging

work

Sl.No Length of Years Frequency Percentage

01 Less than 2 1 2.0

02 2 to 5 3 6.0

03 5 to 10 24 48.0

04 More than 10 16 32.0

05 above 20 6 12.0

Total 50 100.0

The above table shows that 48% of the respondents are working from 5 to 10 years and 32%

of the respondents are working more than 10 Years, 12% of respondents from above 20 years

and 6% of the respondents from 2 to 5 years and remaining 2% of the respondents working

less than 2 years of present work.

The above clearly shows that 48% of the respondents are working since 5 to 10 years and

12% of the respondents are working and struggling this work since more than 20 years.


SCAVENGERS


Table-10 Showing Satisfaction of manual scavenging work

Sl.No

Satisfaction of

Work Frequency Percentage

01 Yes 35 70.0

02 No 15 30.0

Total 50 100.0

The above table shows that 70% of the respondents are satisfied with manual scavenging

work and 30% of the respondents are not satisfied with their manual scavenging work.

From this we can interpret that majority70% of the respondents are satisfied and they have

skill in manual scavenging work.


SCAVENGERS


Table-11 Showing Job task in insanitary latrines, dis-

posing human excreta by hand , & carrying

Sl.No Job task Frequency Percentage

01 Yes 44 88.0

02 No 5 10.0

03 No response 1 2.0

Total 50 100.0

The above table shows that 88% of the respondents are said yes that they are doing work in

insanitary latrines, disposing human excreta by hand and carrying and 10% of the respond-

ents have said No which shows they are not engaging with above job tasks. Remaining of the

respondents has not responded to this question.

The above clearly shows that majority of the respondents are still engaging with cleaning in-

sanitary latrines, disposing human excreta by hand and carrying.


SCAVENGERS


Table-12 Showing If yes where do you do such cleaning ,specify

Sl.No Where do You Do such Cleanings Frequency Percentage

01 open drainage 33 66.0

02 manual(pitta Gundy) 8 16.0

03 open drainage and man hole 3 6.0

04 open drainage and pit cleaning 5 10.0

05 open drainage & pit cleaning &

railway track 1 2.0

Total 50 100.0

The above graphical table shows that 66% of the respondents doing work or cleaning open

drainages and 16% of the respondents are in man hole or pit Gundy, 10% of the respondents

engaged work in open drainage & pit cleaning and 6% of the respondents are engaged in

open drainage & pit cleaning and railway track.

From this we can interpret that the majority of the respondents are engaged only in cleaning

open drainages which is also considered as manual scavenging work.


SCAVENGERS


Table-13 showing Occupational details of manual scavenger

Sl.NO Occupational Details Frequency Percentage

01 Private sector 13 26.0

02 community toilets 11 22.0

03 On contract 1 2.0

04 hospitals/offices 2 4.0

05 private & hospitals ,community 23 46.0

Total 50 100.0

The above table shows that 46% of the respondents are engaging work in private sector and

hospitals and community,26% of the respondents are engaging in only private sector and

22% of the respondents are working in community toilets and 4% are engaging work on

contract basis and remaining 2% of the respondents are engaging work in hospitals& offices.

The above table clearly shows that the majority of the respondents are doing work in private

& hospitals, community.


SCAVENGERS


Table-14 Showing On what basis manual scavenger is working

Sl.No Type of Employment Frequency Percentage

01 On contract 11 22.0

02 Permanent basis 13 26.0

03 Own 26 52.0

Total 50 100.0

The above table shows that 52% of the respondents are working on their own and 26% of the

respondents are working on permanent basis, remaining 22% of the respondents are working

on contract basis.

The above table clealy shows that majority of the respondents are working on their own not

on any basis.


SCAVENGERS


Table-15 Showing Govt schemes accessibility of the manual scavengers

Sl.No

Schemes Acces-

sibility Frequency Percentage

01 Yes 5 10.0

02 No 45 90.0

Total 50 100.0

The above table determines that 90% of the respondents are not able to access any kind of

benefit or facilities from Govt and remaining 10% only are able to access benefit from Govt.

This we can interpret that Govt facilities or benefits can only reach minimum of 10% of man-

ual scavengers not for all who actually need assistance from govt.


SCAVENGERS


Table-16 Showing Health problems faced by manual scavengers

Sl.No Health problems Frequency Percentage

01 Skin diseases 17 34.0

02 Inspection 10 20.0

03 Other 23 46.0

Total 50 100.0

The above table shows that 46% of the respondents are facing other type of health problems

due to manual scavenging work. And 34% of the respondents are suffering skin diseases and

20% of the respondents are suffering from infections to body.

This we can interpret that the majority of the respondents are suffering from other type of

diseases which were not revealed specifically.


SCAVENGERS


Table-17 Showing Do they aware about manual scavengers rehabilitation act-2013

Sl.No

Manual Scavengers

RehabilitationAct-

2013 Frequency Percentage

01 Yes 5 10.0

02 No 45 90.0

Total 50 100.0

The above table shows that90% of the respondents are not aware of manual scavengers Act-

2013 aand remaining 10% of respondents awre of the Act which is existing and through some

sources they came to to know.

The table clearly shows that majority of the respondents are lacking to understand and know

certain basic rights of manual scavengers.


SCAVENGERS


Table-18 Showing Do they have any knowledge of other occupational

work

Sl.No

Knowledge of other occupational

work Frequency Percentage

01 construction work 9 18.0

02 Driving 11 22.0

03 Cooking 1 2.0

04 Others 2 4.0

05 00 3 6.0

06 construction and driving 1 2.0

07 pit cleaning 14 28.0

08 Kooli 9 18.0

Total 50 100.0

The above table shows that 28% of the respondents have knowledge only in pit cleaning,

22% of the respondents have driving skill and 18% of the respondents have construction

work skill and 18% of the respondents have knowledge in kooli and 6% of the respondents

have no knowledge.4% of the respondents have knowledge in other work and 25 of the re-

spondents has cooking skill and remaining 2% of the respondents have construction & driv-

ing skill.The table clearly shows that majority of the respondents only possesses in pit clean-

ing they only want to continue with same occupation.


SCAVENGERS


Table-19 showing the Number of earning members in family

Sl.No Earning members in family Frequency Percentage

01 1-3 20 40.0

02 Alone 30 60.0

Total 50 100.0

The above table clearly shows that 60% of the respondents are alone earning member in fam-

ily and 40% of the respondents have 1-3 members earning in family.

This we can interpret clearly that majority of the respondents are alone who earn for the live-

lihood.


SCAVENGERS


The above table shows that 98% of the respondents children‘s are getting good education and

only 2% of the respondents are not able to get education due to low socio-economic condi-

tion.

From this researcher can interpret that majority of the children‘s could able to get education

remaining 2% of the respondents are lacking in education.

Table-20 Showing whether their children’s are getting

proper education

Sl.no

Children’s

education Frequency Percentage

01 yes 49 98.0

02 No 1 2.0

Total 50 100.0


SCAVENGERS


Table-21 Showing whether scholarships have been provided to manual scaven-

gers children

Sl.No

Scholarship of

children’s Frequency Percentage

01 Yes 5 10.0

02 No 45 90.0

Total 50 100.0

The above table shows that 90% of the respondent children‘s are not able to avail scholar-

ships that they belong to SC & ST category. 10% children are able to avail scholarships.

The above table clearly shows that majority of the children‘s of manual scavengers are not

able to avail scholarships.


SCAVENGERS


The table shows that 88% of the respondents have Caste and income certificate and 12% of

the respondents don‘t have caste & income certificate.

Majority of the respondents have caste & income certificates.

Table-23 Showing Type of house of manual scavengers

Table-22 showing Caste and Income certificate of manual

scavengers

Sl.No

Caste & in-

come certificate Frequency Percentage

01 Yes 44 88.0

02 No 6 12.0

Total 50 100.0


SCAVENGERS


Sl.No Type of house Frequency Percentage

01 Hut 3 6.0

02 tent house 7 14.0

03 Sheet house 22 44.0

04 RCC house 18 36.0

Total 50 100.0

The above table shows that 44% of the respondents stay in sheet house, 36% of the

respondents are stay in Rcc house and 14% of the respondents from tent house and remaining

6% of the respondents are stay in small huts.

This we can iterptret that majority of the respondents are staying in sheet house.


SCAVENGERS


Table-24 showing sources of water facility

Sl.no Sources of water Frequency Percentage

01 bore well 23 46.0

02 kaveri water 15 30.0

03 Other 12 24.0

Total 50 100.0

The table clearly shows that 46% of the respondents using bore well water and 30% of the

respondents are using kaveri water, 24% of the respondents are using other source of water as

drinking water.

The table clearly shows that the majority of them are using bore well water which leads

health diseases. And remaining respondents are using other source of water.


SCAVENGERS


Table-25 Showing the Sources of toilet facility

Sl.no Sources of toilet Facility Frequency Percentage

02 open toilet 18 36.0

02 community toilet 4 8.0

03 Own 28 56.0

Total 50 100.0

The above table shows that 56% of the respondents have own toilet facility and 36% of the

respondents are using open toilets and 8% of the respondents are using community toilets.

From this we can interpret clearly that majority of the respondents have own toilets but rest of

them have no basic toilet facility


SCAVENGERS


Table-26 Showing Support expected from government

Sl.No Support From Govt Frequency Percentage

01 Basic facility 13 26.0

02 Recognition of MS work 12 24.0

03 General support / Policy 20 40.0

04 Others 5 10.0

Total 50 100.0

The above table shows that 40% of the respondents are expecting General support /policy,

26% of the respondents are expecting Basic facilities from Govt and 24% of the respondents

are expecting Recognition of manual scavengers across the globe and 10% of the respondents

are expecting other kind of facilities from Govt.

The above table clearly shows that majority of the respondents are expecting general initia-

tion or support / implementation of Acts etc From Govt.


SCAVENGERS


Table-27 Shows Whether male / female are facing more

problems in manual scavenging

Sl.No

Facing prob-

lems Frequency Percentage

01 Men 14 28.0

02 Women 4 8.0

03 Both 31 62.0

04 None 1 2.0

Total 50 100.0

The above table shows that 62% of the respondents said that both men & women are facing

problems, 28% of the respondents have said men are facing problems and 8% of the respond-

ents women are facing problems due to manual scavenging work and 2% of the respondents

said that none of them are facing problems.

The above table shows that majority of the respondents revealed that men & women both are

equally facing problems due manual scavenging occupation.


SCAVENGERS


Table-28 Showing the continuation of manual scavenging work

Sl.No Continuation of work Frequency Percentage

01 Strongly Disagree 11 22.0

02 Disagree 3 6.0

03 Cannot Say 21 42.0

04 Agree 10 20.0

05 Strongly Agree 5 10.0

Total 50 100.0

The above table clearly shows that 42% of the respondents cannot say, 22% of the respond-

ents strongly disagreed that they won‘t continue the manual scavenging work.20% of the re-

spondents agreed that they will continue with same work and 10% of the respondents strong-

ly agreed that do not continue the work. And 6% of the respondents disagreed that they will

continue the work

The above table shows 42% of the respondents said neutral answer that they cannot say.


SCAVENGERS


Chapter -5

Major Findings, Suggestions and Conclusions

Following are the various findings of this study:

Majority of the respondents are of middle age( 30-40.)

Majority of the respondents belong to karnataka state.

Majority of the respondents are located in Kolar district.

Majorityof the respondents have studied Upto 6th

to 10th

std.

Majority of the respondents has 3 to 4 members in family.

Majority of the respondents are belong to schedle caste(SC).

Majority of the respondents are inspired them self to do manual scavenging work.

Majority of the respondents has experience(duration) of 5 to 10 years.

Majority of the respondents have satisfacion of manual scavenging work.

Majority of the respondents are engaged in insanitary latrines,disposing human

excreta by hand, & carrying.

Majority of the respomdents are specified that they engageed only in cleaning open

drainage.

Majority of the respondents are working in private & hospitalsand in community.

Majority of the respondents are working on teir own.

Majority of the respondents are not able to acess any kind of Govt schemes.

Majority of the respondents aresufferin from other kind of diseses.

Majority of the respondents are not aware of Manual scavengers rehabilitaion Act-

2013.

Majority of the respondents has knowledge in only pit cleaning.

Majority of the respondents are working alone for whole famiy.

Majority of the respondents childrens could able to get education.

Majority of the respondents childes failed to avail scholarships.

Majority of the respondents has Caste & income certificate.

Majority of the respondents are living in Sheet house.

Majority of the respondents are using Bore well water.

Majority of the respondents Has their own toilets.

Majoority of the respondents are expecting General support/ poliy from Govt.

Majority of the respondents reveled that men & women both are equally facing

problems.

Majority of the respondents are don‘t like to continue the same occupatio of manual

scavenging.

Majority of the respondents are male.


SCAVENGERS


SUGGESTIONS

Following are the vrious suggestions regarding this study

Manual Scavengers need to know about the basic rights

The government should recognize the manual scavenging work and to

Eradicate the manual scavenging work.

Govt should increase the assistance programs for them especially or needy.

Govt should take initiations to impliment the Acts.

Majority of the manual scavengers are not aware of Manual scavegers Act-

2013, Non governmental organization ang Govt has to provide awareness.

Manual scavengers should be treated as one among us and they also should

treated respectively.

Majority of the manual scavengers are belong to SC & ST Caste they should be

provided permanent and safe occupation to those manual scavengers.

There is no dignity for manual scavengers where they trated as dirt.

Govt should Focuses on their issues during work.

Preventive measures for death of manual scavengers.

Govt should organize surveys on manual scavengers.

Abolition of women manual scavengers in India.

Vocational trainings should establish and alternative jobs opportunities for

manual scavengers for their livelihood.

Manual scavengers have to get in touch with current affairs.

Manual scavengers are still living and leading life in huts and sheet house so

Govt should focuses on it.

Eradication of children employments of manual scavengers.

Identity cards of manual scavengers & other basic amenities needs to provided.

More Programs and policy needs to form in favor of manual scavengers.

The term manual scavenging should not exist in the country.


SCAVENGERS


CONCLUSION

The reserch tried to look at various aspects of manual scavegers and problems facd by them

and atrocities against them human discrimanation and exclusion of manual

scavengers.manual scavengersare the one who is facing more problems in order to lead their

life as among us mostly the term manual scavenging is exists based on caste which is against

law. Manual scvenging includes insanitary latrines &cleaning ,disposing human excreats by

hand , clearing blocks etc.

Elimination of dry latrines and manual scavenging and the rehabilitation of manual

scavengers in alternate occupations has been an area of high priority for the Government.

Despite the concerted efforts made in the past to eliminate the dehumanizing practice of

manual scavenging, the practice still persists in various parts of the country. Existing laws

have not proved adequate in eliminating the twin evils of insanitary latrines and manual

scavenging from the country. These evils are inconsistent with the right to live with dignity

which is an essence of the Fundamental Rights guaranteed in Part III of the Constitution.

Manual scavengers remain marginalized in idian society today despite the constitutional

provisions which direct the state to promote their eductional and economic intersets.they

remainned marginalized because their communities are still predominantly employed to carry

out the countrys basic sanitary services. lacking the necessary literacy skills to take adavntage

of government reservations in eduaction & employment, scavengers have not been able to

participate in the job mobility associated with living in a rapidly growing urban environment .

while these economic and social roblems areshraed by other scheduled castes, it is the ― and

unclean and polluting nature‖ of their emplyment causes even other untouchables to

discriminate against them.

The present study finding shown scavenger having low socio-economic status because of

their job nature and their society views for occupation status also they are having very limited

job and getting very low salary from their working places. Health wise scavengers are poor

because their eating very limited nutritional food so the government, nongovernment and

social worker should initiate program and services such as

create awareness among the scavenging communities about the programs for their

benefit;

give top priority to education for the children of scavengers;

prepare schemes for the rehabilitation of scavengers in consultation with leaders

andNGOs;

develop women specific programs, in view of the high concentration of women in

this occupation;

improve the work conditions of scavengers by the introduction of modern

technologies; and

monitor the health status of scavengers, particularly women.


SCAVENGERS


BIBLIOGRAPHY

Peoples union for civil liberties (PUCL)

Rashtriya Garima Abhiyan

Safai karamchari Kavalu Samithi

Web source

http://safaikarmachariandolan.org

Indian Kanoon - http://indiankanoon.org/doc/6155772/

"http://www.thehindu.com/news/cities/bangalore/yet-another-case-of-manual-

scavenging-in-city.

http://www.sulabhinternational.org/pages/education_rehabilitation

http://www.gandhiserve.org/cwmg/Vol

http://safaikarmachariandolan.org/

See, http://safaikarmachariandolan.org/ (Visited on October 10, 2010)

The Hindu , Bangalore Edition, October 16, 2010, p.1

The Hindu , Bangalore Edition, October 19, 2010, p.5

Gandhi, M.K., Sweepers' Strike, Why Bhangis Quarter (available at

http://www.gandhiserve.org/cwmg/Vol . 090.Pdf Vol. 90: 25 February, 1946 - 19

May, 1946) (Visited on November 15, 2010)


http://indiankanoon.org/doc/6155772/

http://www.sulabhinternational.org/pages/education_rehabilitation






SCAVENGERS


Questionnaire

1. Manual scavenger name:

…………………………………………………………..

2. Age [years]: a) 20-30 b) 30-40 c) 40-50 d) 50-60

3. Gender of Manual scavenger: a) Male b) Female

4. Native place: a) Karnataka b) Tamilnadu c) Andra Pradesh

5. Location of work:

a) Narayanpura b) Kammanahalli

c) Kolar d) Hoskote

6. Education:

a) 1 to 5 b) 6 to 10 c) 11 to 12

d) 12 above e) illiterate

7. Number of family members

a) Upto 2 b) 3 to 4 c) 5 to 7 d) More than 7

8. Caste:

a) SC b) ST c) OBC d) Muslim

e) Adi dravida f) Adi Karnataka

9. Who inspired you to start working?

a) Self b) family members c) friends d) others

10. Since how many years you are on this job?

a) Less than 2 years b) 2 to 5 c) 5 to 10

d) More than 10 e) above 20 years


SCAVENGERS


11. Are you satisfied with your work?

a) Yes b) No

13. Job task in sanitary latrines, disposing human excreta by hand & carrying?

a)Yes b) No c) NR

14. If yes where do you do such cleaning, specify?

a) Open drainage b) railway track c) Manual (pit Gundy)

d) Open drainage and man whole e) open drainage & pit cleaning

f) Open drainage & pit cleaning & railway track

15. Occupational details of manual scavenger?

a) Private sector b) community toilets c) On contract

d) Hospital e) private & hospitals, community

16. Are you a member of any organization for street vendors?

a) Yes b) No

17. On which Government you‘re working?

a) Central Govt b) State Govt c) Municipality

18. On what basis you‘re working?

a) On contract b) permanent basis c) Own d) Temporary

19. Government schemes accessibility of manual scavengers?

a) Yes b) No c) NA d) NR

20. Heath problems faced by manual scavengers?

a) Skin diseases b) Inspection c) Other

d) Nothing e) NR

21. Are you aware of Manual scavenger‘s rehabilitation Act-2013?

a) Yes b) No

22. How many of them are earning in your family?


SCAVENGERS


a) 1 to 3 b) 3 to 4 c) me alone

23. Do your children‘s are getting proper education?

a) Yes b) no

24. Children‘s are availing scholarships?

a) Yes b) No

25. Do you have Caste and income certificate?

a) Yes b) no

26. Do you have basic facilities?

a) Yes b) No

27. Type of house?

a) Sheet house b) RCC house c) hut d) tent house

28. Which type of benefit/support do you expect from the government f?

a) General support/policy b) Recognition of MS work

c) Basic facility d) others

29. Sources of toilet facility?

a) Open toilet b) own c) community toilet

30. According to you who is facing more problems during due to manual scav-

enging work?

a) Men b) Women c) Both d) None

31. Would you like to continue this work?

a) Strongly Disagree b) Disagree c) Agree

d) Cannot say e) Strongly Agree

my dissertation in pdf

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