Legal Protection For Manual Scavengers- An Overview

INTRODUCTION

Manual Scavenging is defined as the physical removal of faeces or other forms of garbage from public roads, empty lavatories, water systems, sewers and drains. It can be elaborated as the act of physically cleaning body excrements from typically what is known as ‘dry toilets’ which are toilets devoid of the contemporary flush mechanisms.[1] With historical origins in caste-based oppression, the outcasts, lower castes or even the Dalits are pushed into such hard labour and cruel vocation, manual scavenging being one of them. The condition of sanitation workers in India is deplorable. The Times of India, a renowned English daily, reported in January 2018 the death of four men after entering a sewage channel in Powai, Mumbai.[2] The men are known to go inside without any protective devices or safety gear. It was also reported on June,2019 that a total of seven sewage cleaners succumbed to death as a result of inhaling noxious gases while cleaning a sewage in Gujarat’s Vadodara district.[3]

Manual Scavenging has been declared illegal by Indian legislation as well as international treaties. International Organizations include the World Health Organization and the International Labour Organization have all advocated for a stop to the practice. In this article, Team YLCC brings you an overview on the legal protection framework in the country.

CONSTITUTIONAL REGULATIONS PROHIBITING MANUAL SCAVENGING IN INDIA

According to the Indian Constitution, human dignity is regarded as an intrinsic right, incorporated with the basic right to life. Dignity means treatment at par and safeguards under the law along with equal status. It is a universally recognized right as enshrined in articles 22,1 and 23 of the Universal Declaration of Human Rights. Some provisions of the Constitution which stand for the same are mentioned herein.[4]

• Article 14- One of the most talked about articles in the Constitution which uphold ‘equality before law’ for all citizens of India. The same shall not be withheld with respect to any citizen in India; [5]
• Article 15- This article states that no prejudice shall be authorized on the grounds of a citizen’s place of birth, religion, gender or caste. Manual Scavengers, on the other hand, risk prejudice for the whole of their lives owing to their caste; [6]
• Article 16- The same ensures equal opportunity to all citizens in the sphere of public sector employment;[7]
• Article 17- It provides for the removal of untouchability which is granted to all citizens by this fundamental clause. [8]
• Article 19(1)(g)- Every citizen has been granted the privilege under the same to pursue any occupation, profession or trade/enterprise of their preference;[9]
• Article 21- It forms the golden triangle of the Constitution and grants the security of liberty and life to all.[10]
• Article 46 and 338- Other rights guaranteed to manual scavengers belonging to SC/ST groups.[11]

LEGISLATION GRANTING PROTECTION TO MANUAL SCAVENGERS

In India, there is no specific statute perse, granting protection only to sewage cleaners however, there are legislations granting protection to manual scavengers which forms the umbrella for sewage cleaners.

Manual Scavenging is against the law in India. Multiple rules governing the recruitment of manual scavengers have been enacted throughout the years, but their execution has been challenging.

1. Protection of Civil Rights Act,1955- The Act outlawed untouchability and rendered it a non-compoundable and indictable offense. Consolidated inexpensive sanitation initiatives were permitted in order to transform impoverished urban home dry lavatories into flush operational lavatories.[12]
2. Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition) Act, 1993- The Act outlawed the practise of manual scavenging and made it a punishable offence, making it the obligation of the State, enterprises as well as residents to keep hygienic toilets in place.[13]
3. The Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013- The primary objectives of this Act are-
4. This Act makes it illegal and punishable to hire anybody as a manual scavenger.
5. The States are now made in-charge of inspecting and recuperating manual scavengers under this Act.
6. The Government must also provide them mentoring, monetary aid, accommodation and support.

IV) It also forbids the use of insanitary lavatories and dry lavatories and makes the local government responsible for examining dry lavatories and upgrading them to sanitary lavatories. [14]

Some important provisions of this Act are listed herein:

Section 5- This section bans the use of unhygienic lavatories and recruitment or hiring of manual scavengers. In addition to this, the installation or upkeep of an unhygienic lavatory, as well as the commitment of a person to serve as a manual scavenger are offences as per the said section.[15]

Section 6- This act lays down that any service agreement contributing towards the hiring or recruitment of manual scavengers ratified prior to the introduction of the aforementioned Act is null and invalid, and furthermore no compensation would be granted in lieu of the same. [16]

Section 7- The same restricts any individual, municipal bodies, or organizations from hiring a person for the purpose of hazardous maintenance of a sewage or septic systems.[17]

Section 8- This section highlights the punishment for breach of sections 5 and 6. It adds that a person breaching the sections for the first time will result in a violation for a maximum period of one year or/and with a penalty of fifty thousand rupees, and for subsequent seven offences will amount for an imprisonment for a period of two years and/or with a penalty of one lakh rupees.[18]

Section 9- This section enumerates on the punishment for breach of section 7. It amounts to incarceration for a tenure of two years and/or with a penalty of two lakh rupees for a fresh offence, followed by a penalty of two lakh rupees for five subsequent offences.[19]

SUPPLEMENTARY SAEFTY PRECAUTIONAL MEASURES FOR SANITATION WORKERS AMIDST THE COVID-19 PANDEMIC– Sanitation workers were burdened with work during these uncertain times. Charged with cleansing the public areas as the pandemic continues to wreak havoc on the country. The pandemic to say the least has worsened their marginalization and helplessness. Some government mandated provisions were introduced for the welfare and protection of the sanitation workers during the pandemic.

• There shall be no pay cuts and additional compensation will be provided in the event of increased workload;
• The workers must be provided free of cost regular thermal screening check-ups and routine health screenings;
• Sanitation workers to be provided with basic toiletries and disinfectants such as soap, alcohol infused sanitizer, soap papers at all times during their work tenure;
• In the event that sanitation employees or their families acquire Covid-19, a quarantine shelter shall be mandatorily provided;
• Availability of appropriate PPE, such as gloves and mask;
• Urban local governments should use the funds under the 15^th Finance Commission, AMRUT and other feasible sources to support sanitation employees and allied expensed;
• Increasing the capacity of officials from urban local governments to adopt norms and recommendations.[20]

The Government (Ministry of Housing and Urban Affairs) also launched the Swachchh Survekshan initiative,[21] it aims primarily at increasing sanitation workers’ safety. Sanitation workers shall be granted assistance such as connecting them to government programs, appreciation and acknowledgement of their work. In addition to this, the sanitation workers must be provided a PPE Handbook which will be containing job specific PPEs, safe removal of the same, how to preserve hygiene at all times and a sanitation worker survey form which entails all the requirements of the same and permits the workers to maintain a record of fulfilment of their requirements.

CONCLUSION

The law requiring manual scavenging requires the use of safety equipment prior to entering the sewage, gutter or septic systems to clean it. Despite this, these cleaners are not provided with the necessary safety and protection supplies, exposing them to many health risks as well as well as the possibility of drowning. Many workers have died as a result of manual scavenging, yet the few prosecutions have been filed against the perpetrators. It is high time that the Indian government, in addition to passing laws, rigidly enacts them and guarantees that appropriate equipment and advanced technology are used to clean sewer pipes, gutters, so that the future generations’ rights and dignity are restored.

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[1] Breaking Free: Rehabilitating Manual Scavengers In.one.un.org, https://in.one.un.org/page/breaking-free-rehabilitating-manual-scavengers/ (last visited Mar 9, 2022)

[2] Why sewage workers continue to die: No prosecution of accused Hindustan Times, https://www.hindustantimes.com/mumbai-news/deaths-of-sewage-workers-accused-not-prosecuted/story-ZYci6f5YHxZ4lZ53ztT34O.html (last visited Mar 9, 2022)

[3] 7 suffocated to death while cleaning hotel sewer in Gujarat’s Vadodara India Today, https://www.indiatoday.in/india/story/7-suffocated-to-death-while-cleaning-hotel-sewer-in-gujarat-s-vadodara-1549381-2019-06-15 (last visited Mar 9, 2022)

[4] Universal Declaration of Human Rights | United Nations United Nations, https://www.un.org/en/about-us/universal-declaration-of-human-rights (last visited Mar 9, 2022)

[5] Article 14 Constitution of India (1950)

[6] Article 15 Constitution of India (1950)

[7] Article 16 Constitution of India (1950)

[8] Article 17 Constitution of India (1950)

[9] Article 19(1)(g) Constitution of India (1950)

[10] Article 21 Constitution of India (1950)

[11]  Article 46, 338 Constitution of India (1950)

[12] Protection of Civil Rights Act (1955)

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

[14] The Prohibition of Employment as Manual Scavengers and their Rehabilitation Act (2013)

[15] Section 5 The Prohibition of Employment as Manual Scavengers and their Rehabilitation Act (2013)

[16] Section 6 The Prohibition of Employment as Manual Scavengers and their Rehabilitation Act (2013)

[17] Section 7 The Prohibition of Employment as Manual Scavengers and their Rehabilitation Act (2013)

[18] Section 8 The Prohibition of Employment as Manual Scavengers and their Rehabilitation Act (2013)

[19] Section 9 The Prohibition of Employment as Manual Scavengers and their Rehabilitation Act (2013)

[20] Maitreyi.ac.in, http://maitreyi.ac.in/Datafiles/cms/Vantage%20Issue%20II/9%20final.pdf (last visited Mar 9, 2022)

[21] Swachh Survekshan 2021 Results: Top Highlights Of The Annual Cleanliness Survey NDTV-Dettol Banega Swasth Swachh India, https://swachhindia.ndtv.com/swachh-survekshan-2021-results-top-highlights-of-the-annual-cleanliness-survey-64882/ (last visited Mar 9, 2022)

 

YLCC would like to thank Aparna Mukherjee for her valuable inputs in this article.