May 26, 2021
In the words of Bezwada Wilson,
The
literal meaning of ‘manual scavenging’ is manual labour involving carrying and
moving of human excreta. The conventional meaning of the same was understood in
the context of manual labour practicing carrying and removing excreta from dry
latrines, whereas, after the inclusion of modernization of sanitation
technologies, there has been an inclusion of unsafe cleaning which has assumed new
forms of manual scavenging, such as unsafe cleaning of septic tanks, drainage
systems and sewer line in urban and rural cities.Even after the enactment ofseverallegislations,
there has been a void, which can only be filled by proper implantation and improving
social conditions.
There
have been several variants in the contextual understanding of manual
scavengers.There are three forms of manual scavenging in India which are
propounded by the International Labour Organisation which are firstly, manual
removal and carrying of human excreta secondly, cleaning of sewage tanks
and thirdly, cleaning gutters and sewers. There have been several
problems related to manual scavenging which were documented by the Indian
Council of Medical Research ranging from several medical conditions related to
manual scavenging including such as infectious
diseases, respiratory diseases, musculoskeletal conditions, which can be highly
fatal attributing to carbon monoxide and methane poisoning, especially when
most manual scavengers work without any protective equipment.
The
Role of Judiciary and Legislations
The
problem is of a two-fold nature, firstly policy making and secondly
proper execution of the same. Human Rights watchdog had re-iterated that the
World Health Organisation has asserted the need for manual scavenging but there
has not a translation into any certain reasonable form. The nature of the Ministry
of Health and Family Welfare has largely remained evasive of widened health
problems which call for action on social detriments of health envisaged by
though the National Health Policy (2017).
The Union Government brought into force the
"Employment of Manual Scavengers and Construction of Dry Latrines
(Prohibition) Act" in the year 1993,
which did away with the employment of
manual scavengersfor the purpose of dry latrines. What followed the measure was
the introduction of "Prohibition of
Employment as Manual Scavengers and their Rehabilitation Act, 2013", to
underline the pressing need of rehabilitating manual scavengers within
the context of prohibiting employment of manual scavengers.In 2014, the Supreme Court
envisaged directives as for the fulfillment of the objectives laid in earlier
legislations w.r.t end manual scavenging.The law also focused on increasing punishment
for manual scavenging and rehabilitation of those who were involved in the
occupation. The Apex Court observed in Safai Karamchari Andolan and Ors.
Vs. Union of India and Ors that the abhorrent practice of manual
scavenging negates international human rights and is strictly ordered to put an
end to the said practice. In addition,"In no country, people are
sent to gas chambers to die," observed the Apex Court of the
country while taking note of the practice of manual scavenging in 2019.
To
put an end to the practice of manual scavenging, the said Act has various
provisions for stringent penalties, for any form of employment in hazardous
cleaning undertaken by any person& the same is made punishable. In
addition, if a worker dies while performing such hazardous work above mentioned,
even with various safety gears, the employer is legally obliged to pay
compensation of Rs 10 lakh to the legal heirs of the worker.
Even after stringent provisions,
there is hardly any action being witnessed on the round – not a single FIR was
filed in 2014, according to the 57thStanding Committee of
Social Justice and Empowerment, 2017-2018. The reports of the parliamentary
standing committee in 2017-18, citing that the support to the manual
scavengers has been atrociously inadequate so far. The problem with manual
scavenging isn’t an urban challenge, as the pertinent fact is that the
situation of rural sanitation be also taken into consideration.The Social Justice and Empowerment
Ministry in response to a question about the deaths of manual scavengers
informed that 340 people had died while cleaning sewers and septic tanks in the
past five years.
The
democratic society consists of a legal system that vehemently endorses
unequivocally the idea of civil and political freedoms which are in paramount
nature necessarily accompanied by the notion of social freedom and economic
rights. Since the inception ofthe 1980s, the Indian judiciary via observations
and judgmentwhich expanded the right to life guaranteed in Article 21 of the
Indian Constitution into a right to life with dignity.
The
duty is of the state to protect the manual scavengers without compromising their
constitutional accountability. Article 51 of the Indian Constitution embodies
Directive Principles of State Policy, which makes it incumbent upon the State
to foster respect for treaties & international law. The right to healthy,
safe & secure conditions of work has been protected under the Constitution.
Indian Constitution expresses unfeigned concern for the welfare of workers and
has stipulated in Article 42 that the State shall undertake steps for securing
just and humane conditions of work. Further, Article 43 expounds an
obligation that the State shall endeavour to secure to all workers a decent
standard of life, including enjoyment; leisure, etc.
These
principles are decisive fundamentals in the governance of the country &
were upheld in U.P.S.E. Board v Hari Shankar; D.B.M. Patnaik v State of AP Consequently,
India is bestowed with the responsibility of ensuring the right to work, to
just and favourable conditions of work, right to rest and leisure, including
reasonable limitation of working hours and periodic holidays with pay, right to
life, social protection & protection against the torturous treatment as per
the sanction of Article 3, 5, 23 & 24 of the UDHR. Further, ICCPR directs
the state parties to protect the inherent right to life, protection from
torturous or degrading treatment directed by Article 6 &7, which can’t be
curtailed even during the pubic emergency as provided by Article 4 of the
convention. Article 9 further protects the security of the person. Similarly,
ICESCR recognizes the human right of everyone to the enjoyment of favourable &
just conditions of work, in particular: healthy; safe working conditions,
leisure, rest and periodic holidays with pay and, reasonable limitation of
working hours as well as remuneration for public holidays, right of everyone to
the enjoyment of the highest attainable standard of physical and mental health;
to ensure steps with regard to prevention; control of occupational diseases as
per Article 7 &12 of the convention.
These
rights are expressly recognized in international conventions and agreements
which India has ratified, including the UDHR, ICESCR, and ICCPR. India has a
constitutional mandate to honour these internationally recognized Principles
&Rules.India is a state party to
the International Covenant on Civil and Political Rights and the International
Covenant on Economic, Social and Cultural Rights. The Supreme Court upheld that
right to life about human rights has to be interpreted in conformity with
established internation allaws &principles. 3 Article 25 of the Universal
Declaration of Human Rights and Article 7 (b) of the International Covenant on
Economic, Social and Cultural Rights have been duly recognized by the Supreme
Court while safeguarding the right to health by a worker.In the process, the
scope of Article 21 enunciating “right to life” has been rightfully enlarged,
bestowing an incumbent duty on the executive to act proactively against the
abhorrent practice.
Common
Problems Faced by Manual Scavengers
Manual
scavenging is exploitative in nature as, the form prevalent in our society is
of forced labour as people enter into this practice without their respective
choice or assent, and leaving isn’t an economically viable option because
leaving the employment manual scavenging leaves the workers with no choice of
alternate employment but to return to their work and those, who are able to
find alternate employment are facing harassment.
There
is a need to broader the meaning, as in to accommodate every employment which
has proximity with manual scavenging such as toilet cleaners, formal or
informal and caretakers who’re subcontracted in domestic, public or even
institutional settings, wherein workers working at faecal waste treatment and
disposal sites, emptying pits and septic tanks and other. Broadly they also
include faecal sludge handlers who clean sewer and manholes that's called manual
scavengers.
Several
problems are being faced by the workers, but common accidents are a noxious
repercussion of accidents which are reported included losing consciousness and
death by asphyxiation resulting from the gases which are toxic in nature and
are released in septic tanks and sewers, and wounds from sharp detritus. Poor sanitation is linked to
4,32,000 deaths annually across the length & breadth of the country.The
workers, who are indulged in manual scavenging regardless of being
subcontracted in the formal or informal sector, they’re not provided with
protective gear. This results in endless suffering of miseries for scavengers
in the form medical condition, which includes fever, fatigue, cholera, typhoid,
asthma, polio, hepatitis, skin burn or irritation.They’re also prone to skin and respiratory tract infections, because of the
higher degree of proximity to working conditions.
The
number is not conclusive in nature as they are typically not classified
distinctly but, are majorly in aggregate form i.e., there is no disaggregated
number as to cite the number of deaths in a different type of employment
wherein the field of concern is modern scavenging in any form, above mentioned
in the article. Example: There can be a
quantification of the workforce by aggregating municipal workers with solid
waste management workers.
There
are several problems even after excluding social stigma, there is labour
exploitation with mere remuneration and even, causing life long health risk and
problems which are totally fatal in nature, as occupation health is being side-lined
as workers are working without proper protection, under unjust working
condition.
Although it is completely irrefutable, as the
established fact is Swachh Bharat Abhiyan has made unprecedented and positive
behavioural and infrastructural changes with regard to the campaign promoting the
usage of toilets but at the same time, there
is a need for more substantial effort to substantially reduce manual
scavenging. Therefore, Swachh Bharat Abhiyan at the policy level has addressed
the core issue such as accessibility to toilets, but on a critical note,
ignoring those cleaning them.
Conclusion
A
detailed & comprehensive report released by World Health Organisation (WHO)
deduced that despite several laws and
regulations, the practice of manual scavenging, contrary to the popular belief
has not been eliminated from the country but has been forced underground.
The cases of manual scavengers forced the government
to bring in new and more comprehensive legislation in 2013 i.e., The
Prohibition of Employment as Manual Scavengers and their Rehabilitation Act
which was inclusive of several developing
doctrines and principles, being evolving in the problem of the forced labour in
manual scavenging. Many principles evolved, one of them was an established
principle for compensation of Rs. 10 Lakh by the court, which was payable to
each for the sewer death since 1993 in addition, the legislation also
established the accountability of the state even though the worker was employed
or contracted by the state, or not their state shall be responsible for payment
of compensation. This was very significant considering that the major worker
population indulged in state-provided sewage (or equivalent) services were
being not accounted for, thereby no accountability and responsibility was
established.
Conclusively,
in the contemporary-socio issues,several problems are to be addressed by
stringent law & action accordingly. Manual scavenging is one such problem
which neither desired in unsafe working conditions nor be employed for a
high-risk job. These jobs are where the dominantly employed in the unorganized
market which is temporary in job protection. In addition, the workers who are
unprotected by law with the basic working condition not being par at requisite
conditions.
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