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30th January 2025 (8 Topics)

SC bans Manual Scavenging & Manual Sewer Cleaning

Context

The Supreme Court ordered a complete stop to the practice of manual scavenging and hazardous manual cleaning of sewers and septic tanks in top metros across the country.

What is Manual Scavenging?

  • Manual scavenging is a deeply stigmatized and hazardous practice where individuals manually clean human excreta from dry latrines, sewers or septic tanks.
  • This practice, considered a grave violation of human dignity and health, is a form of forced labor that exposes workers to severe health risks.
  • In India, manual scavenging is primarily associated with caste-based discrimination, as it is overwhelmingly carried out by Dalits.
  • India formally banned this practice through the Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013 (PEMSR).
  • Despite the ban, the practice persists in some regions, mainly due to lack of enforcement, societal inequalities, and inadequate alternatives for those involved in this work.

Why Does Manual Scavenging Continue Despite the Ban?

  • Lack of Enforcement of Laws: Despite legal measures and the requirement for safety gear (44 types), the enforcement of laws is weak.
    • Data from the Union Ministry of Social Justice and Empowerment reveals that between 2018 and 2023, over 400 people died while performing manual scavenging.

Sewer Gas

Sewer gas is a mixture of both toxic and non-toxic gases produced by the microbial decomposition of organic matter in environments where oxygen is scarce, such as in sewers and septic tanks. The main gases in sewer gas are:

  • Hydrogen Sulfide (H?S): A highly toxic gas responsible for the "rotten egg" smell.
  • Methane (CH?): Flammable but odorless, posing explosion risks.
  • Ammonia (NH?): Causes respiratory irritation.
  • Carbon Dioxide (CO?) and Carbon Monoxide (CO): Produced through organic matter degradation and incomplete combustion.
  • Others: esters, sulphur dioxide and nitrogen oxides.
  • Limited Employment Opportunities and Social Exclusion: For many manual scavengers, limited access to education and skill development keeps them trapped in poverty.
    • Without alternative employment options, these workers have no choice but to continue in this hazardous occupation.
    • Social Exclusion of these communities exacerbates the problem, leaving them without social and economic mobility.
  • Unequal social structure:Indian society’s deeply unequal social structure based on caste hierarchy and patriarchy is equally culpable. 97% of manual scavengers in India are Dalits.
  • Rich segment:Moreover, the moral culpability equally lies with the ‘neo-middle’ and other affluent classes who have been so engulfed in their own lives that they do not care about the issue or question the government and ensure accountability.
  • Media:The media too can be blamed, for not giving adequate importance to social issues such as manual scavenging.
  • Dry Latrines: There are still 2,600,000 dry-latrines in the country which require humans to remove the excreta from them, almost 770,000 manual scavengers who physically clean the sewers and drains and about 8,025 manual scavengers operating at railway stations in the country.
Required Steps to Eradicate Manual Scavenging
  • Comprehensive Rehabilitation and Skill Development: To eliminate manual scavenging, it is essential to rehabilitate workers through skill development programs, empowering them to find alternative employment. Connecting rehabilitation efforts to existing schemes like MNREGA can provide immediate income opportunities.
  • Embrace Technology: Modern sanitation technologies such as automated sewer cleaning machines and robots can significantly reduce the dependence on human labour for cleaning sewers and septic tanks.
    • For example: Homosep Atom solves manual cleaning methods and transforms it to robotic cleaning methods. 
  • Collaboration Between Government and Civil Society: Both the state and society need to join forces to eliminate manual scavenging. The government must strengthen the enforcement of laws, and civil society should advocate for the rights of sanitation workers. Efforts should focus on ensuring dignity, safety, and social integration for these workers.
Legislative and Policy Measures Against Manual Scavenging
  • Legal Prohibition: India’s first law to ban manual scavenging was introduced in 1993 under the Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition) Act. This was followed by the Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013 (PEMSR), which made the practice illegal.
    • The 2013 Act explicitly defines manual scavenging as a "dehumanizing practice" and mandates the provision of safety gear and rehabilitation for affected individuals.
  • Court Intervention (Safai Karamchari Andolan Case, 2014): The Supreme Court intervened in 2014, ordering the government to identify and compensate the families of those who have died while working as manual scavengers since 1993. Each family was to receive Rs. 10 lakh as compensation.
  • Article 21 guarantees the ‘Right to Life’ and also with dignity.
  • National Action for Mechanized Sanitation Ecosystem (NAMASTE) Scheme (2023): In 2023, the government launched the NAMASTE Scheme, a central initiative aimed at formalizing the rehabilitation of individuals engaged in hazardous sanitation work. The scheme focuses on providing dignity, safety, and sustainable livelihoods for sanitation workers.
  • Emergency Response Sanitation Units (ERSU): The government has advised all states to set up Emergency Response Sanitation Units (ERSU) to provide well-trained, equipped, and professional teams to handle hazardous sanitation work, reducing the need for human intervention in sewers and septic tanks.
  • Skill Development and Workshops: Under the Self-Employment Scheme for the Rehabilitation of Manual Scavengers (SRMS), workshops are held in municipalities to educate workers and officials about safer methods of sanitation work and the legal provisions of the PEMSR Act. This program has now been subsumed under the NAMASTE scheme.
  • National Safai Karamcharis Finance & Development Corporation (NSKFDC): The NSKFDC works under the Ministry of Social Justice and Empowerment, offering loans and schemes aimed at the socio-economic upliftment of sanitation workers. Additional initiatives such as the Rashtriya Garima Abhiyan focus on the welfare of these workers.
  • Others
    • Swachh Bharat Abhiyaan (Clean India initiative)
    • Safaimitra Suraksha Challenge
    • Swachhta Abhiyan App
Related PYQ

Q. ‘Rashtriya Garima Abhiyaan’ is a national campaign to (2016)

  1. rehabilitate the homeless and destitute persons and provide them with suitable sources of livelihood
  2. release the sex workers from their practice and provide them with alternative sources of livelihood
  3. eradicate the practice of manual scavenging and rehabilitate the manual scavengers
  4. release the bonded labourers from their bondage and rehabilitate them

Solution: (c)

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