Manual scavenging: a holocaust of India’s stigma of casteism

Change is the only constant. But did we really change?

Optimum utilization of resources in the most effective manner is what supposedly distinguishes the human race from other forms of life. The human race often takes pride in the fact that it has kept its best foot forward when it comes to being at par with evolution. However, in our affair to be at the peak of this race of evolution and wear the crown of humanity, we have somewhere lost track of the bigger picture which in reality puts us way behind.   

R Ambedkar once said that – “In India, a man is not a scavenger because of his work. He is a scavenger because of his birth irrespective of the question of whether he does scavenge or not”

Is this the truth or has there been any ‘evolution’ in reality?

The dilemmas relating to this dark side of evolution will be deliberated upon in the later part of this article.

What is Manual scavenging?   

It is an inhuman practice of manually removing night soil which involves the removal of human excrements from dry toilets with bare hands, brooms or metal scrappers; carrying excrements and baskets to dumping sites for disposal, is not only diabolic but perhaps the highest degree of human rights violation[1].

Basically, it is a system which is practised since the inception of human civilization in India. This system is a result of the discriminatory social order in Indian society.

Section 2(g) of THE PROHIBITION OF EMPLOYMENT AS MANUAL SCAVENGERS AND THEIR REHABILITATION ACT, 2013 defines “manual scavenger” means a person engaged or employed, at the commencement of this Act or at any time thereafter, by an individual or a local authority or an agency or a contractor, 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 the human excreta from the insanitary latrines is disposed of, or on a railway track or in such other spaces or premises, as the Central Government or a State Government may notify”[2]

When did it all start?

India is highly recognized for its unity in diversity but no matter how glorious this diversity is, it still bears stains which deeply affect the human race in general.

The history of manual scavenging can be traced from the deep-rooted stigma of untouchability in the Indian caste system. The sacred scriptures and literature suggest that scavenging was supposed to be done by some specific castes since the beginning of civilization. This was reflected in Naradiya Samhita[3] where manual scavenging is listed as one of the 15 duties of slaves. 

According to, to the “so-called” social order of the Indian caste system “the Dalits” or “the Shudras” were isolated to live a life of untouchability merely on the basis of their birth. The inferior and polluting jobs were reserved for them by the elites. This practice was followed throughout the Buddhist and the Mauryan period.

Further, it got aggravated during the Mughal period. All those who were engaged in the profession of sweeping or cleaning dry latrines were called “Mehtar.” During this period the Mughal women with purdah required enclosed toilets that needed to be scavenged[4].   

Scholars suggested that in the late Gandhian period, to Hinduism the term “Mehtar” reformists substituted it with “bhangi”, the etymology of which means “discarded”.  For some people, these may be just “names” but these names carry a stigma attached to them. 

Why protect manual scavengers?

This occupation is practised for centuries now. A lot of people are completely dependent upon it for their mere survival and are voluntarily pursuing this activity as their occupation. So why exactly do we need to put an end to it?  

“I may not be born again but if it happens, I will like to be born into a family of scavengers, so that I may relieve them of the inhuman, unhealthy, and hateful practice of carrying night soil.”

 – Mahatma Gandhi

The occupation which leads to fatal life diseases

Imagine a day when your drainage system got dysfunctional and suddenly all the sewage water sweeps right on your floor. Well, it will be practically impossible for us to stand the situation for more than an hour as well. However, there are people who put themselves at this risk of developing several diseases due to the unhygienic working conditions they expose themselves to.

Scavengers work in an atmosphere which breads a lot of fatal diseases such as asphyxia, epileptiform convulsions etc. Basically, they are exposed to gases such as hydrogen disulfide, carbon (IV) oxide, ammonia, and methane and long exposure to such gases can lead to the death of a person. These toxic and poisonous gases evolved from the decaying of faecal matter and can cause respiratory and skin disease-related problems, and long-term illness. Other than this, they also get contaminated by various infections such as Leptospirosis or other respiratory tract infections. Studies have shown that musculoskeletal disorder such as osteoarthritis is also pervasive in this occupation.    

It was reported that around 941 deaths have been listed in the last three decades because of manual scavenging. These cases are the ones that have got listed but there might be hundreds of other innocent workers who died unnoticed. [5]. Further, the report also reflected that the average life expectancy of a sanitation worker is less than 50 years. Well, all this call for urgent need of attention.

Violation of Human Rights

“Manual scavengers are exposed to filth and unjust treatment throughout their lives. That in itself is the biggest violation of human rights[6]” The National Human Rights Commission has termed manual scavenging as one of the worst violations of Human Rights. At the National Workshop on “Manual Scavenging and Sanitation[7]“

The significance of human rights to protect and preserve a dignified life or a life which is worthy to be called a human being cannot be undermined. However, these principles of human rights are highly compromised when it comes to manual scavengers.

They are denied the basic necessities of life and most of the time forced to live separately in discarded places. Their children are discriminated against in educational institutions. Many among these are children who are unable to continue with their education because of all of this and the consequences of the same they also engage themselves in this undignified practice of manual scavenging.

Basically, if these people will not be protected then they along with their future generation would be forced to live a life which is undignified and unrecognised. And this deeply rooted stigma based on castes will continue to be a harbour.

Manual scavenging in contravention of fundamental rights

Every human is entitled to a basic standard of living, decent work or occupation which ensures human dignity. The plight of untouchables is that they are still denied various civil rights[8]. This ancient practice is in gross violation of the fundamental rights enshrined in the constitution.    

Article 14- Right to equality[9]

Supreme court is the case of Union of India v the State of Maharashtra[10], highlighted the importance of equality before law to manual scavengers and stated- “All the human beings are equal and when they are equal you should provide them equal opportunities as mandated under the Constitution. You are not even providing them an equal chance”. This clearly reflects the situation of these workers and the mental agony they go through.

Article 17- abolition of untouchability

Untouchability is abolished and its practice in any form is forbidden[11]. The enforcement of any disability arising out of “Untouchability” shall be an offence punishable in accordance with law[12]

Article 21- right to life and personal liberty[13]

Human dignity is an inalienable right which forms a part of the fundamental right to life.[14]  Dignity is measured in comparison to how we regard ourselves and basically when we try to protect the dignity of a person, we make an attempt to protect their physical and mental integrity. 

Further, Article 21 also protects a person’s fundamental right to health. We have already discussed the hazardous consequences which are associated with this evil practice. 

Legal framework with respect to manual scavenging

The insights into manual scavenging can be traced through 4 acts in Indian legislation.

The Protection of Civil Rights Act, 1955 (and the revised act of 1976)[15]– This act tried to serve protection to the members of the scheduled caste by abolishing the practice of untouchability and social disabilities. Section 7(A) of this act talks about unlawful compulsory on the grounds of untouchability. It also includes compelling any person to scavenge or sweep carcasses or flay any animal or do any jobs of similar nature.

Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition) Act, 1993[16]

This was the first most exclusive or dedicated legislation for manual scavenging. A statutory body named “National Commission for Safai Karamcharis (NCSK)” was also constituted under this act to ensure the development and effective functioning of the act. Section 3 of this act prohibited the employment of manual scavenger’s act. 

The Scheduled Castes and The Scheduled Tribes (Prevention of Atrocities) Act 1989, as amended in 2016[17]

The act was established to prevent offences of atrocities against the people of and ST community. This act focused on stricter penalties and speedy trials against such offences. Further, this act provided provisions for setting up special courts to hear matters only related to such offences and advocated to rehabilitate the victims of such atrocities. It cannot be denied that manual scavenging reflects one of the cruellest form of atrocities. Thus, the recent amendment of this act in the year 2016 reinforced the perspective of prohibiting manual scavenging as section 3 of the amended act suggested punishments against any such employment.     

The Prohibition of Employment As Manual Scavengers And Their Rehabilitation Act, 2013[18]

“This act is an enactment to provide for the prohibition of employment as manual scavengers, rehabilitation of manual scavengers and their families, and for matters connected therewith or incidental thereto[19]” This act further, prohibited both manual scavenging and hazardous cleaning only if the protective gears are not provided by the employers.

This act also provides for 44 for safety and protective gear that shall be provided.[20] Also, this act not only talked about the prohibition but also included measures to provide for the rehabilitation of victims of this atrocity.

Are these legislations able to curtail this atrocity?

The fact that such a degrading human profession is still in practice reflects the inadequacy of the existing laws to provide justice for these workers.

Taking into account the loopholes of the MS act, 2013- 

1. Conditional Rehabilitation: the act of 2013 fails to reflect the intent of the legislation as on one end it talks about the prohibition of manual scavenging and on the other it allows this dehumanising practise if it is carried with protective gear, and equipment and devices. Therefore, the state is not making its attempt to completely ban this undignified work.
2. Liberation or rehabilitation- The act did not focus on the liberation of these workers, which should be the principal objective of this act, so as to “allow these workers of beneficiary release from the stigmatised occupation”[21], thus, there exist a lack of correlation between rehabilitation approach and liberation.
3. Indian railways are exempted from the provisions of this act, henceforth the practice of manual scavenging will be continued over there[22].
4. Although the act talks about the rehabilitation of such workers however the act has still failed to do the same. On the contrary, to this under the guise of conditional permissibility now more people are engaged in this activity, legally or illegally.

Towards a way forward

1. Awareness programme: India is progressing. But is it? We live in the 21^st century, however, still, we are not able to release ourselves from this confinement of the so-called, social order. So, now it’s time for us as citizens to add to the glory of this prestigious nation and free ourselves from such un-progressive ideologies. For this, we need to educate and create awareness.
2. Stricter legislation: The current legislation has been proven inefficient to control this problem. Instances related to manual scavenging are still reported. Maytime, such cases are not even reported because employers illegally employ such scavengers. Therefore, more effective laws are needed.
3. Rehabilitation: For this purpose the same the government is providing them with additional income. But this is not enough. The government should focus on the very foundation. It should put more emphasis on educating the families of such scavengers also they should be given employment opportunities instead of monetary benefits in order to attain complete rehabilitation from this practice.
4. Blanket ban– the condition-based ban is not enough. This undignified human practice demands a complete ban. The state should not manipulate the law rather they should come up with provisions which seek a complete ban on Manual scavenging.

It’s time for us to understand our responsibilities towards our fellow beings and work in a way to propagate the “development of all”. It is a matter of most shame that, living in the 21^st century we have to deliberate upon the basic rights of this manual scavenger. Well, this situation cannot be overlooked. And for the foundation of a strong and unified nation, we should address the rights of manual scavengers.

References

[1] Abhishek Guptaï MANUAL SCAVENGING: A CASE OF DENIED RIGHTS, Summer Issue 2016

[2] Act no. 25 of 2013

[3] Bindeshwar Pathak, Road to Freedom: A Sociological Study on the Abolition of Scavenging in India, 37 (Motilal Banarsidass Publisher, 1999)

[4] Supra note 8.

[5] No manual scavenging deaths, 941 died while cleaning sewers, Aug 05, 2021 04:03.

[6] Digvijay Singh, Cleaning Human Waste “Manual Scavenging Caste and discrimination in India, August 25, 2014

[7] Nation Human Rights Commision,

[8] (2020) 4 SCC 761

[9] Constitution of India, 1949

[10] (2020) 4 SCC 761.

[11] Constitution of india, 1949

[12] Chapter III of the Constitution, Article 17 

[13] Constitution of India, 1949

[14]Maneka Gandhi vs Union of India 1978 AIR 597, 1978 SCR (2) 621

[15] Act no. 22 of 1955 and the Protection of Civil Rights (PCR) Rules, 1977

[16] Act No. 46 of 1993.

[17] 5 Act no. 33 of 1989 and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Rules, 1995.

[18] Act No. 25 of 2013

[19] Para 11 of C.M.P(MD)No.3930 of 2016

[20] Rule 3 and 4 of Act No. 25 of 2013

[21] Lalit Kishore And M.P. Gupta vs State of Bihar and Ors. on 14 August, 2003

[22] Section 2(1) (e ) of MS, act, 2013.

By: Urvashi Agrawal