In India, manual scavenging has been a regular debate, especially with the country’s rising population. Manual scavenging, a deeply ingrained practice within the socio-economic structure of India, serves as a poignant testament to the enduring presence of caste-based prejudice and systemic disregard.
Manual scavengers persistently face maltreatment, marginalization, and stigmatisation, notwithstanding the implementation of legislative measures and social awareness campaigns. Manual scavenging can be historically linked to the caste system of ancient India, wherein specific communities were assigned mundane labour based on their lineage. In ancient times, the responsibility of cleansing human excreta and dispersing refuse was primarily ascribed to the lowest castes, with the Dalits being particularly affected. This egregious practice endured for centuries, thereby sustaining a recurring pattern of mistreatment and subjugation.
Section 2 (j) of the Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition) Act, 1993, defines who a manual scavenger is. It says that “manual scavenger” means a person engaged in or employed for manually carrying human excreta, and the expression “manual scavenging” shall be construed accordingly. This Act prohibits the employment of Manual scavenging, which constitutes one of the gravest breaches of human rights. Additionally, it is a reprehensible treatment of human dignity, given that it constitutes the most menial labour. It preys on the most vulnerable segments of society, endangers their lives, and poses a mortal danger. The decomposition of waste generates a multitude of toxic and hazardous gases, which have the potential to induce a range of ailments, including skin disorders, respiratory complications, chronic diseases, and even fatality. Such scavenging violates the freedoms to dignity and health, as well as the rights to life and liberty.
Moreover, it infringes upon the principle of equality by deeming untouchables devoid of dignity. The Act regulates the construction of unsanitary restrooms and prohibits the occupation of individuals as manual scavengers. Violating this Act may result in imprisonment for a maximum of one year, a fine of Rs. 2,000, or both. Despite this, there were no convictions during the twenty years that the Act was in effect.[1] Prohibition of Employment as Manual Scavengers and their Rehabilitation Act. 2013 prohibits manual cleaning of open pits and sewers. Recently, in Commissioner, BMC v Kachra Vahtuk Shramik Sangh (Civil WP 5357 of 2021)[2] the Bombay High Court stated that cleanliness is a necessity but should not be through the enslavement of a particular sect of people in the name of caste. Comprehensive rehabilitation programs and rigorous enforcement of existing laws are essential for preserving the dignity and welfare of manual scavengers.
Equal protection of law and equal respect is a fundamental right for every citizen, regardless of class, caste and colour. Art 21 of the Constitution confers the right to life and dignity. Dignity is a subjective concept; there is a general understanding of it. Manual scavenging threatens the well-being and existence of those involved and reinforces intergenerational poverty and discrimination. As a result of restricted educational and alternative employment opportunities, children of manual scavengers frequently continue in the family business.
Furthermore, communities and individuals are subject to the stigmatisation associated with manual scavenging, which hinders their social integration, marriage prospects, and access to fundamental services. Supporting skill development initiatives, modern sanitation infrastructure investment, and automation efforts are all viable strategies to generate alternative employment opportunities and disrupt the recurring cycle of manual scavenge. The Civil Rights Act 1955 mentions that manual scavenging is a form of untouchability. Workers have yet to be rehabilitated, primarily due to the absence of a supervisory authority specified in the Act. As per the regulations, many families of labourers who perished while engaged in manual scavenging are not compensated; in Gujarat, only 137 of 152 families were paid. Additionally, enduring social stigma and a shortage of subsequent employment opportunities contribute to the problem’s persistence. As a result of inadequate remediation and skill development opportunities, these employees are unable to achieve sustainable employment and continue to be trapped in the detrimental cycle of manual scavenging.[3]
Therefore, Manual scavenging in India transcends its sanitation implications and constitutes a grave infringement upon human rights, with its origins in socio-economic inequality and caste-based prejudice. Eradicating this dehumanising practice requires coordinated efforts from government agencies, civil society organisations, and the general public. By recognising the intrinsic worth of each person and advocating for comprehensive progress, India can progress towards a forthcoming era in which manual scavenging is relegated to antiquity, and all inhabitants are regarded equally and with reverence.
[1] Manual Scavenging: An Act to Empower Manual Scavengers – Getlegal India
[2] Commissioner, BMC v Kachra Vahtuk Shramik Sangh (Civil WP 5357 of 2021)
[3] The Menace of Manual Scavenging in India: The Case for Stronger Legal Implementation | OHRH (ox.ac.uk)
Done By:
Anoushka Samyuktha,
B.A LL.B (Hons), LLM (Criminal Law),
Junior Legal Consultant
For Origin Law Labs
