In its order, the bench has not only questioned the validity of these claims but also mandated greater transparency and accountability from the state government, ensuring that the fight against manual scavenging is more than just a paper victory.

A tale of contradictions?

As per the order of the court, the Maharashtra government had, in 2023, declared that 36 districts across the state were free of manual scavenging. The said statement by the state was substantiated by certificates submitted by district collectors to the Union Government. These certificates were presented as evidence of the state’s progress in eliminating the practice, which is not only a social evil but also illegal under the Prohibition of Employment as Manual Scavengers and Their Rehabilitation Act, 2013 (the Act of 2013).

However, the same claim of the government was challenged in court when petitioners presented evidence suggesting that manual scavenging continues unabated in several parts of the state. They cited instances as recent as April and August 2024, where manual scavengers were reportedly involved in sewer cleaning operations—some of which tragically led to fatalities.

“The Petitioners have filed a note giving instances of manual scavenging, and also, reference is made to the query raised by the National Human Rights Commission regarding the death of certain manual scavengers in April 2024. There is a reference to other instances of sewer cleaning in April and August 2024. The Petitioners also contend that if no manual scavenging as contended, then why was compensation given in 81 cases as per the state record itself.” (Para 4)

The petitioners questioned the government’s position while dealing with the issue of manual scavenging, pointing out a glaring inconsistency of how the government can make statements claiming that manual scavenging had been eradicated when data from official records showed that the state paid compensation in 81 cases related to manual scavenging deaths.

In response to the arguments raised by the petitioner, the Government Pleader clarified that the certificates declaring districts free of manual scavenging were based on data from 2022, not the current year.

“Now, it has been clarified by the Government Pleader that the report of the Collector referred only to the position of the year 2022 and not as of today, an inquiry will have to be made regarding the instances of manual scavenging. This is apart from the efforts to ensure that manual scavenging does not take place at all in the first place.” (Para 7)

Based on the same, the court noted in its order that that an inquiry would now be necessary to investigate these recent instances of manual scavenging, indicating that the state’s earlier claims might no longer hold true.

Accountability and transparency: The Court’s directives

The said case has brought the focus back on the definition of manual scavenging as outlined in the Act of 2013, and as interpreted by the Supreme Court. The court reminded the state authorities that any assessment of manual scavenging status must be aligned with this legal framework. To ensure greater accountability, the bench has directed the Maharashtra Social Welfare Department to take several significant steps:

1. Transparency in committee composition: The department has been ordered to publish the names and compositions of all committees formed under the Act of 2013 on its website. This includes State, District, and Vigilance Committees, with the exception of ex-officio members. The website is also required to regularly update details of actions taken by these committees, except where such information is sensitive or confidential.
2. Public reporting channels: The department must create a dedicated email address for each District Level Committee and Vigilance Committee, along with a social media handle where citizens and NGOs can report instances of manual scavenging. This initiative aims to enhance public participation in monitoring and reporting the practice, ensuring that the Social Welfare Department can fulfil its statutory duty.
3. Ensuring vigilance: The Commissioner of the Social Welfare Department, acting as the Nodal Officer, has been instructed to ensure that Vigilance Committees hold their meetings on time, circulate agendas in advance, and report the outcomes for public disclosure.

The court has set a deadline for these measures to be implemented, with the next hearing scheduled for September 9, 2024.

The complete order can be read here.

The unseen toll of manual scavenging

The present Bombay High Court order highlights the stark contrast between the Maharashtra state’s claims and the lived experiences of the marginalised communities in Maharashtra. It serves as a reminder that official declarations of progress are not always reflective of on-the-ground realities, particularly when it comes to deeply entrenched social issues like manual scavenging.

Manual scavenging, banned under the Prohibition of Employment as Manual Scavengers and Their Rehabilitation Act, 2013, continues to claim lives due to inadequate enforcement and systemic negligence. The 81 cases that have been highlighted by the petitioners before the High Court wherein the state has paid compensation reveal the grim reality that this practice is still prevalent in Maharashtra.

It is essential to note that on October 20, 2023, a division bench of the Supreme Court had issued a comprehensive set of fourteen directives aimed at eliminating manual scavenging across the nation. The judgment, authored by former Justice S Ravindra Bhat, underscores the deep-seated stigma and dehumanisation endured by generations of manual scavengers. The Supreme Court’s directives had then emphasised upon the critical importance of implementing the Prohibition of Employment as Manual Scavengers and Their Rehabilitation Act, 2013, and introduce robust measures for the rehabilitation of victims and their families. A key aspect of these directives is the significant increase in compensation for injuries or fatalities endured by manual scavengers, reflecting the need for justice and recognition of their plight. (Details may be read here.)

The court’s order for transparency, accountability, and public involvement is a critical step towards addressing these systemic failures. By ensuring that the government’s claims are subjected to public scrutiny and that the voices of those on the ground are heard, there is hope for real change. However, for this to happen, the state must go beyond mere compliance with court orders; it must commit to a sustained and genuine effort to eliminate manual scavenging and protect those who are still being forced into this deadly work.

It is important to highlight that on July 24, 2024, during a session of the Rajya Sabha, TMC MP Saket Gokhale raised an unstarred questions regarding the total number of manual scavenging incidents reported in the country over the last five years, along with cases reported through the ‘Swachhata Abhiyan’ Mobile App from 2020 onward. In response, the Minister of State for Social Justice and Empowerment, Ramdas Athawale, had stated that there has been “no report of the practice of manual scavenging in the country in the last five years.” He further noted that of the 6,256 cases uploaded on the mobile app from 114 districts, all were verified and none were found to be credible. (Details may be read here.)

The judgments of the Constitutional Courts remind us that the fight against manual scavenging is not just about law enforcement; it is about restoring dignity and humanity to those who have been oppressed for centuries.

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The union minister thus turned a Nelson’s eye over the increasing deaths of sanitation workers reported due to hazardous and manual cleaning of safety tanks, sewer etc. The union’s attempt to conceal the data in relation to manual scavenging deaths, for escaping from responsibility to rehabilitate the dependents of the deceased workers.

Bezwada Wilson, National Convenor of Safai Karmachari Andolan (SKM) has thereafter issued a press release on July 24, and registered his disappointment with both the union budget and the statement given by Union Minister for Social Justice and Empowerment, Athawale. Wilson said that the Minister had turned a blind eye about manual scavenging.

Wilson through this press release also said that “the Union Budget for the year 2024-025, placed by the finance minister in Parliament on Tuesday, has completely deceived Safai Karamchari community. There is no mention of persons engaged in manual scavenging, in entire Budget. Even the scheme meant for the rehabilitation of manual scavengers (SRMS) has been outrageously scrapped. This disappointment budget has once again demonstrated the clear apathy of union government towards Safai Karmacharis, especially the manual scavengers”.

Safai Karmacharis disappointed with #Budget2024There is no mention of persons engaged in manual scavenging, in entire Budget. Even the scheme meant for the rehabilitation of manual scavengers (SRMS) has been outrageously scrapped #stopkillingus #DalitLivesMatter pic.twitter.com/s5wfoGSHtK

— Bezwada Wilson (@BezwadaWilson) July 24, 2024

On July 25, Safai Karmachari Andolan issued another press release that said that 43 deaths in sewers & septic tanks in last 6 months but government and budget still silent on it. SKM further added that “Many reports have emerged highlighting the tragic deaths of manual scavengers who continue to risk their lives while cleaning sewers and septic tanks. Despite numerous calls for reform and the implementation of laws aimed at eradicating this hazardous practice, the government’s negligence remains glaringly apparent. There is little evidence of substantive action taken to prevent such future occurrences. Furthermore, government has failed to regulate local authorities, which are continuously failing to provide necessary safety equipment or training for those involved in such cleaning for emergencies. The absence of robust policies reflects a broader societal indifference towards issues affecting marginalized communities in India.”

43 deaths in sewers & septic tanks in last 6 months but government and budget still silent on it #budget2024 #antidalit #antisafaikarmanchari pic.twitter.com/CGRyEcLOya

— Bezwada Wilson (@BezwadaWilson) July 26, 2024

It is important to hold the government accountable for its failure to protect lives of these Dalit sanitation workers. We demand from the government to recognize these deaths and ask authorities not to tamper with any data or fact related tothese deaths. SKM further added.

Manual Scavenging recent deaths

8 workers died within 10 days in Uttar Pradesh:

Recently in May, Uttar Pradesh witnessed 8 deaths within a short period 10 days due to manual scavenging. On May 2, Shroban Yadav, 57, and his son Sushil Yadav, 30, were died while testing a sewer line in Lucknow’s Wazir Ganj area without safety equipment gears. On May 3, two daily wage workers, Kokan Mandal, 40, and Nooni Mandal, 36, were died while cleaning the septic tank of a private residence in Noida Sector 26. On May 9, four people died from inhaling toxic gases while cleaning the septic tank of a house in Mughalsarai, Chandauli. Three of the victims, Vinod Rawat, 35 Kundan, 42 and Loha, 23, were informal sanitation workers while the fourth victim was the son of the house owner who died while trying to save the workers.

A senior advocate of the Supreme Court and founder of Human Rights Law Network Colin Gonsalves remarked, “It is horrifying that workers are forced to enter sewer line without any  protocol, machines or oxygen gears to clean sewer line.

In 2023, Centre said 400 died from manual scavenging

Union Minister Ramdas Athawale in 2023 had shared the information in a written reply to a question asked by TMC MP Aparupa Poddar regarding manual scavenging in India that 400 people died while cleaning septic tanks and sewers in India between 2018 and 2023.

According to the data, of the 49 cases of deaths in 2023, maximum of 10 were reported from Rajasthan, followed by Gujarat (9), Maharashtra and Tamil Nadu (7 each), West Bengal (3), Bihar, Madhya Pradesh and Haryana (2 each) and Punjab and Jharkhand.

However, the Maharashtra Govt has informed the Bombay High Court that a total of 81 people has so far died due to manual scavenging in the state.

In year 2023 in Gujrat, from March 22 to April 26, 2023, as many as eight people have died while cleaning sewers in various parts of the Gujarat, raising concerns about the continuing deaths of manual scavengers despite the fact that the practice has been declared illegal across the country.  In Rajkot, two died on March 22, in Dahej three died on April 3, later two died in Dholka on April 23 and one more death was reported from Tharad in north Gujarat on April 26, The Hindu reported.

Despite the Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013, which outlaws and bans the practice of manually removing human excreta from sewer lines or septic tanks, manual scavenging persists in various parts of the country.

In 2023, the Union government acknowledged that about 1,035 individuals have lost their lives while cleaning sewers and septic tanks across India since 1993. Similarly, according to Sabrang India, it was noted that out of the 616 cases registered under the Manual Scavenging Act against contractors for neglecting to provide safety gear to sanitation workers, only one has resulted in a conviction. This is despite the fact that the government had stated it would aim to abolish manual scavenging by 2021. For a detailed look at the law that governs and bans Manual Scavenging in India, tune into 3 article series on the law by Citizens for Justice and Peace

The Answer of the Union Government in Parliament can be read here:

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The post Union Minister says no report of manual scavenging in last 5 years appeared first on SabrangIndia.

On December 13, during the ongoing winter parliamentary session, Mohammed Nadimul Haque, an All India Trinamool (TMC) member of parliament in the Rajya Sabha, raised several questions regarding deaths caused due to cleaning of sewers and septic tanks. Ramdas Athawale, Minister of State in the Ministry of Social Justice and Empowerment presented the reply.

Athawale, when questioned about the government’s awareness of the tragic deaths of four migrant workers in Gujarat while cleaning septic tanks, confirmed that the Gujarat government had indeed informed them about the incident but was vague about the compensation provided.

Further inquiries into the specific count of deaths in Gujarat revealed that, there were 58 reported deaths in the state within the last five years up to November 30, 2023. However, when probed about whether the majority of these fatalities were from marginalized communities such as Dalit/ST/Minority groups, Athawale stated that there is no centralised data available to indicate such a demographic trend.

The absence of both comprehensive data on such fatalities as also inconsistencies in compensation paid, across India, remains concerning. The disclosure of 58 reported deaths in Gujarat alone within the last five years underscores the urgency of addressing this issue.

The session highlighted the need for robust measures to prevent these tragic deaths and ensure the safety and dignity of those involved in this hazardous occupation. Moving forward, there is a crucial call for concerted efforts, policy interventions, and improved data collection mechanisms to address this pressing humanitarian concern and prevent further loss of life in these precarious work environments.

However, the absence of centralized data regarding the demographics of these victims, particularly those from marginalized communities, presents a significant challenge in understanding the full scope of this problem and implementing targeted interventions to safeguard vulnerable groups.

The complete answer can be viewed here:

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The post 58 reported deaths in Gujarat in last 5 years: Union Govt data reveals deaths due to cleaning of sewers and septic tanks appeared first on SabrangIndia.

“Ours is a battle not for wealth of power. It is a battle for freedom. It is a battle for
reclamation of human personality”
– words of Dr. B. R. Ambedkar,
(quoted by Justice Ravindra Bhat)

On October 20, a division bench of the Supreme Court issued a slew of directions for the Centre and the states to follow with the aim of eradicating manual scavenging from Indian society. The bench comprising of Justices S Ravindra Bhat (now retired) and Aravind Kumar has emphasised on the importance of implementing the provisions of the Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013. The comprehensive set of fourteen directives issued by the Supreme Court are aimed at eradicating the practice of manual scavenging across the nation as well as establishing robust rehabilitation measures for victims and their families. A pivotal aspect of these directives revolves around significantly raising compensation for injuries or fatalities endured by manual scavengers.

In the judgment, authored by former Justice Ravindra Bhat, the Supreme Court has shed light upon the plight of the large mass of people indulging in the practice of manual scavenging, which continued even after India became an Independent state, and who have remained nearly invisible. “That was (a) centuries old stigmatising social practices that led to their depravation, to such levels that they were not even recognised as human beings. Among these practices was one which generations of people, were made to perform the meanest task of manual scavenging,” the judgment states.

What were the prayers made in the petition filed?

The division bench of the Supreme Court was hearing a Public Interest Litigation (PIL), filed by Balram Singh under Article 32 of the Constitution, against the employment of manual scavengers. The petition had sought for the Supreme Court to issue directions to the Union of India as well as all the States and Union Territories in India to implement provisions of the Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition) Act, 1993 and the Prohibition of Employment as Manual Scavengers and Their Rehabilitation Act, 2013. 

The hearings:

• In February 2023, the Court had directed the Union of India to record the steps it had taken to prevent the employment of manual scavengers in accordance with the prohibition of employment as Manual Scavengers and Their Rehabilitation Act 2013. The court also ordered the Centre to record the steps taken by each state to abolish or demolish Dry Latrines, as well as the status of dry latrines and Safai Karamcharis in Cantonment Boards and Railways. During the previous hearing, the Court had further inquired whether the employment of Safai Karamcharis in Railways and Cantonments Boards were direct or indirect i.e. through contractors or otherwise.

• During the previous hearing, the court asked the Centre to inform it of the steps taken in accordance with the guidelines issued in the 2014 judgment “Safai Karamchari Andolan And Others vs. Union of India And Others.” In the aforementioned Safai Karamchari Andolan judgment, the Court issued an assortment of guidelines for the rehabilitation of manual scavengers, including cash assistance, scholarship for their children, allotment of residential plots, training in livelihood skill and monthly stipends, concessional loans, and so on. The judgment also established the minimum compensation in cases of sewer deaths and directed the railways to end manual scavenging on tracks.

• During the hearing on April 12, 2023, the Amicus, Advocate K Parameshwar informed the bench that the Indian Railways had employed cleaners for ‘insanitary latrine’ using protective gear. This does not fit the definition of manual scavenging, he had claimed.

“The Act says their engagement in Railway tracks is a problem. But then says employment under rules is allowed. The entire purpose of the Dry Latrines Act and earlier judgment was to have mechanised cleaning. But this brings it back,” said Advocate K Parameshwar, as reported by Livelaw. The Amicus Curiae said that the biggest culprit was the “Indian Railways in this instance”.

The Bench had then asked ASG (assistant solicitor general), Aishwarya Bhati regarding the measures that could be taken for states that had not formed the committees as directed by the Court. The Court also asked the Indian Railways to file a specific affidavit dealing with these aspects, and directed ASG Aishwarya Bhati to take instructions from the Railways.

• During the course of proceedings, on May 2, 2023, it was brought to notice of the court about irregular functioning of the Central Monitoring Committee envisaged under the Act of 2013. 

Submissions made by Amicus Curiae in the case:

The Supreme Court had appointed advocate K Parmeshwar as the Amicus Curiae in the case. As per the Amicus, Article 15, 17, 23 and 24 of the Indian Constitution gave the right to the oppressed classes to break away from oppressive structures and move to alternative sources of dignified employment. Based upon these aforementioned rights guaranteed, the 2013 Act can be deemed to attain a constitutional status. During the course of the proceedings, the Amicus had brought the following issues to the notice of the court:

• Lack of government figures on manual scavengers in the country, rendering it difficult to conduct any exercise on identifying and rehabilitating manual scavengers. The amicus also pointed to the data provided by National Commission for Safai Karamcharis (NCSK) that has flagged the issue of slow and erratic identification of manual scavengers.
• On the aspect of sewer deaths, the Amicus highlighted the definitions of ‘hazardous cleaning’ under Section 2(d) of the 2013 Act as well as the definitions of ‘sewer’ and ‘septic tank’ under Sections 2(p) and 2(q). He stated that though the Act prohibits hazardous cleaning under Section 7 and 9, no specific bar is made to the manual cleaning of sewers and septic tanks as long as protective gear is given.
• The Amicus also argued that there is a legislative vacuum in so far as rehabilitation for hazardous workers is concerned. The sole rehabilitation, according to him, is by virtue of the judgment of this Court in Safai Karamchari Andolan (supra) where this Court granted compensation of Rs. 10 lakhs to the family of a person who died in a sewer.
• As per the Amicus, a narrow interpretation of ‘forced labour’ should not be taken as this would fail to address structural discrimination and would also render the phrase “other similar forms of forced labour” otiose.
• It was further submitted by the Amicus that “consent” given by the worker to perform hazardous cleaning would not mean that labour is not forced. The Amicus Curiae argued that if it is accepted by the Court that hazardous cleaning is violative of Article 23, then the question of persons engaged in sewage cleaning having practiced it on their own volition does not arise.
• It was further urged that the protective gear and devices referred to must be of such nature that they achieve substantial or near total mechanization of the process so that the dignity of the labourer is maintained and no structural discrimination is perpetuated.
• Regarding NCSK’s working, the Amicus also pointed out that the Commission is only manned by 2 people currently, when it should have 7 commission members. Subsequently, the State commission for Safai Karamcharis existed in only few states.
• Additionally, the amicus curiae highlighted a lack of segregated data for women manual scavengers, while most of the manual scavenging work is done by women.

Analysis by the Supreme Court:

The Bench held that the 2013 Act not only criminalises manual scavenging but also provides for rehabilitation mechanisms to ensure that manual scavengers are emancipated. The first step towards rehabilitation that the 2013 Act, is the identification of manual scavengers through a survey. After their identification by a survey, a final publication of the manual scavengers is to be published under Section 11(6). On publication of the list, the emancipatory provision under Section 11(7) read with Section 6(2) takes effect. It declares that the manual scavengers stand discharged from any obligation to work as manual scavengers. This provision is the heart of the law, this declaration frees manual scavengers from the clutches of their historically oppressive professions. The law consequently empowers them through the process of rehabilitation. Therefore, the 2013 Act, including the provisions, must be interpreted as being in furtherance of fraternity, assuring the dignity of the individual.

Concerning the Government’s contention that the 2013 Act does not contemplate a national survey but mandates a localised survey at the level of local bodies and that two national surveys have already been conducted in 2013 and 2018, the Court after interpreting Section 11, said that the 2013 Act is not a regular statute, it is emancipatory in character and is a manifestation of the constitutional code of upliftment. Furthermore, the Court said that that neither the 2013 nor the 2018 surveys could have been conducted as prescribed under the scheme of the 2013 Rules and the 2013 Act because the institutions entrusted with duties to conduct the Surveys were either not constituted or were not functioning.

Additionally, the Court pointed out that the major short-coming in the implementation of the 2013 Act is that the State and the Central Governments have not even constituted the institutions that are required to implement the Act. This systematic neglect of the statute and inaction by the executive would reduce it to a dead letter.

Directions issued by the Supreme Court:

The court analysed the submissions made by the petitioners and the respondents during the hearings as well as the issues highlighted by the Amicus Curiae and issued a series of directives to both the Union and state governments. The said directions focussed on the effective implementation of the Prohibition of Employment as Manual Scavengers and their Rehabilitation Act of 2013. They also encompassed active measures for rehabilitating victims and their families, providing scholarships, and offering skill development programs.

1. Complete eradication of manual scavenging: The Court directed the Union to take appropriate measures and frame policies, and issue directions, to all statutory bodies, including corporations, railways, cantonments, as well as agencies under its control, to ensure that manual sewer cleaning is completely eradicated in a phased manner, and also issue such guidelines and directions as are essential, that any sewer cleaning work outsourced, or required to be discharged, by or through contractors or agencies, do not require individuals to enter sewers, for any purpose whatsoever;
2. Ensure that directions issued for eradication are followed by states: All States and Union Territories are likewise, directed to ensure that all departments, agencies, corporations and other agencies (by whatever name called) ensure that guidelines and directions framed by the Union are embodied in their own guidelines and directions; the states are specifically directed to ensure that such directions are applicable to all municipalities, and local bodies functioning within their territories;
3. Rehabilitation to include employment, education and skills training: The Union, State and Union Territories are directed to ensure that full rehabilitation (including employment to the next of kin, education to the wards, and skill training) measures are taken in respect of sewage workers, and those who die;
4. Compensation of Rs. 30 lakhs to be paid in case of sewer death: The court hereby directs the Union and the States to ensure that the compensation for sewer deaths is increased (given that the previous amount fixed, i.e., 10 lakhs) was made applicable from 1993. The current equivalent of that amount is Rs. 30 lakhs. This shall be the amount to be paid, by the concerned agency, i.e., the Union, the Union Territory or the State as the case may be. In other words, compensation for sewer deaths shall be 30 lakhs. In the event, dependents of any victim have not been paid such amount, the above amount shall be payable to them. Furthermore, this shall be the amount to be hereafter paid, as compensation.
5. Compensation in case of disability caused: Likewise, in the case of sewer victims suffering disabilities, depending upon the severity of disabilities, compensation shall be disbursed. However, the minimum compensation shall not be less than 10 lakhs. If the disability is ₹ permanent, and renders the victim economically helpless, the compensation shall not be less than 20 lakhs.
6. Mechanism for accountability: The appropriate government (i.e., the Union, State or Union Territories) shall devise a suitable mechanism to ensure accountability, especially wherever sewer deaths occur in the course of contractual or “outsourced” work. This accountability shall be in the form of cancellation of contract, forthwith, and imposition of monetary liability, aimed at deterring the practice.
7. Establish a model contract: The Union shall devise a model contract, to be used wherever contracts are to be awarded, by it or its agencies and corporations, in the concerned enactment, such as the Contract Labour (Prohibition and Regulation Act), 1970, or any other law, which mandates the standards – in conformity with the 2013 Act, and rules, are strictly followed, and in the event of any mishap, the agency would lose its contract, and possibly blacklisting. This model shall also be used by all States and Union Territories.
8. Modalities for conducting a national survey: The NCSK, NCSC (National Commission for Schedule Caste), NCST (National Commission for Schedule Tribes) and the Secretary, Union Ministry of Social Justice and Empowerment, shall, within 3 months from today, draw modalities for the conduct of a National Survey. The survey shall be ideally conducted and completed in the next one year.
9. Education and training of committees: To ensure that the survey does not suffer the same fate as the previous ones, appropriate models shall be prepared to educate and train all concerned committees.
10. Scholarships for dependents of sewer victims: The Union, State and Union Territories are hereby required to set up scholarships to ensure that the dependents of sewer victims, (who have died, or might have suffered disabilities) are given meaningful education.
11. Involvement of NALSA: The National Legal Services Authority (NALSA) shall also be part of the consultations, toward framing the aforesaid policies. It shall also be involved, in co-ordination with state and district legal services committees, for the planning and implementation of the survey. Furthermore, the NALSA shall frame appropriate models (in the light of its experience in relation to other models for disbursement of compensation to victims of crime) for easy disbursement of compensation.
12. Coordination between commissions, states and union: The Union, State and Union Territories are hereby directed to ensure coordination with all the commissions (NCSK, NCSC, NCST) for setting up of state level, district level committees and commissions, in a time bound manner. Furthermore, constant monitoring of the existence of vacancies and their filling up shall take place.
13. Training and education modules for agencies: NCSK, NCSC, NCST and the Union government are required to coordinate and prepare training and education modules, for information and use by district and state level agencies, under the 2013 Act.
14. A portal with information on victims, compensation states and rehabilitation measures: A portal and a dashboard, containing all relevant information, including the information relating to sewer deaths, and victims, and the status of compensation disbursement, as well as rehabilitation measures taken, and existing and available rehabilitation policies shall be developed and launched at an early date.

Through the judgment, the Supreme Court realised the role that caste-based discrimination and social hierarchies play, and thus, have urged the Union, states and respective commission to works towards the complete eradication of manual scavenging. The judgment highlights how manual scavenging is compounded by deeply entrenched feudal and caste-based traditions, which largely lead manual scavengers to hail from marginalized caste groups relegated to the lowest rungs of the social hierarchy. These individuals are assigned occupations deemed deplorable by higher-caste groups, perpetuating social stigma, branding them as “unclean” or “untouchable,” and sustaining pervasive discrimination. Even after the Constitution prohibiting untouchability and discrimination based on caste, manual scavenging has still persisted.

Towards the end of the judgment, Justice Bhat deems it to be the duty of all citizens to realise true fraternity and the fundamental role that dignity and fraternity play in the Constitution. By issuing the aforementioned directions, the court has recognised that without these values, other liberties are mere illusions.

“Each of us owe it to this large segment of our population, who have remained unseen, unheard and muted, in bondage, systematically trapped in inhumane conditions,” Justice Bhat wrote in the judgment.

Justice Bhat called upon the citizens of the country to work towards dispelling the darkness that has plagued generations and to ensure that everyone can enjoy the freedoms and various forms of justice that are often taken for granted.

“Upon all of us citizens lie, the duty of realizing true fraternity, which is at the root of these injunctions. Not without reason does our Constitution place great emphasis on the value of dignity and fraternity, for without these two all other liberties are chimera, a promise of unreality,” the judgment stated

The hearing for monitoring progress in this matter has been scheduled for February 1, 2024.

The complete judgment can be read here:

Related:

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The post Manual Scavenging: Eradicate the practice, ensure effective rehabilitation, scholarship, compensation, uphold dignity and liberty says SC appeared first on SabrangIndia.

‘Inequality anywhere is a threat to equality everywhere’
-Martin Luther King Jr.

Discrimination is the antonym of equality. Until such time as each individual within our country is not treated fairly and equally, we cannot be held to be prejudice free. Many abhorrent traditions have existed in India, and they continue to exist despite statutory prohibitions. One such tradition is manual scavenging, which has been prohibited since 1993 but still claims lives every year. Worse the section among the Dalits (Scheduled Castes) exclusively involved in this demeaning occupation face a societal, social and political ostracisation as none other. Manual scavenging is not only a societal problem, but it is a living example of the rigid existence of India’s caste system.

This denial is conscious and deliberate. It exists as a manifestation of Indian society’s casteist Brahminical structure. It is an undeniable fact that almost all of the people involved in manual scavenging, men, women and children, are Dalits. Manual scavenging is work imposed on a segment of the population defined by their caste; however, the word ‘caste’ does not appear in the text of the acts that have been implemented thus far. As a result, it fails to address the root cause of the rot in society and cannot be expected to solve it. The truth is, however, that ignoring the problem will not solve it.

The previous definition of manual scavenging under Section 2(j) of the Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition) Act, 1993, was limited to the removal of human excreta. However, due to the Act’s non-implementation, no single prosecution was brought against the employment of any person(s) as Manual Scavengers.

The 1993 Act was repealed due to its ineffectiveness, and the provisions of the Prohibition of Employment as Manual Scavengers and Their Rehabilitation Act, 2013, took its place. According to Section 2(g) of the latter Act, the definition of Manual Scavenger was expanded to include insanitary latrines, open drains, pits, railway tracks, sewers, and septic tanks. The Act also states that the person must be engaged or employed on a regular or contract basis, and that people who clean excreta using “devices and protective gear” are not considered “manual scavengers.” 

Both of these acts have failed to adequately address the issue of manual scavenging. These failures led to even more denial, as evidenced by the endless debates between governments and municipalities over the number of people involved in manual scavenging and the resultant deaths. The failure to focus on human exploitation, in other words, the absence of basic principles of morality, ethics and humanity, rendered the government’s half-hearted efforts completely ineffective.

A detailed look into the jurisprudence governing manual scavenging, researched consistently by Citizens for Justice and Peace, can be accessed here.

On April 12, 2023, two days ago, the Supreme Court directed the Secretary of the Department of Social Justice and Empowerment, Ministry of Social Justice and Empowerment, Government of India, to schedule a meeting with the secretaries of all states and union territories in charge of social justice as soon as possible to discuss various aspects to prevent the employment of manual scavengers. A Bench of Justices Ravindra Bhat and Dipankar Datta also directed the Amicus Curiae and Additional Solicitor General to provide a list of the possible ‘discussion points’ for the said meeting to the Court, according to the web portal Livelaw.

This directive came as the Supreme Court was considering a plea seeking steps to limit the hiring of manual scavengers in the country. Previously, in February 2023, the Court directed the Union of India to record the steps it had taken to prevent the employment of manual scavengers in accordance with the prohibition of employment as Manual Scavengers and Their Rehabilitation Act 2013. The court also ordered the Centre to record the steps taken by each state to abolish or demolish Dry Latrines, as well as the status of dry latrines and Safai Karamcharis in Cantonment Boards and Railways. During the previous hearing, the Court had further inquired whether the employment of Safai Karamcharis in Railways and Cantonments Boards were direct or indirect i.e. through contractors or otherwise.

During the previous hearing, the court asked the Centre to inform it of the steps taken in accordance with the guidelines issued in the 2014 judgment “Safai Karamchari Andolan And Others vs. Union of India And Others.” In the aforementioned Safai Karamchari Andolan judgment, the Court issued an assortment of guidelines for the rehabilitation of manual scavengers, including cash assistance, scholarship for their children, allotment of residential plots, training in livelihood skill and monthly stipends, concessional loans, and so on. The judgment also established the minimum compensation in cases of sewer deaths and directed the railways to end manual scavenging on tracks.

During the hearing on April 12, two days ago, the Amicus, Advocate K Parameshwar informed the bench that the Indian Railways had employed cleaners for ‘insanitary latrine’ using protective gear. This does not fit the definition of manual scavenging, he had claimed. 

“The Act says their engagement in Railway tracks is a problem. But then says employment under rules is allowed. The entire purpose of the Dry Latrines Act and earlier judgment was to have mechanised cleaning. But this brings it back,” said Advocate K Parameshwar, as provided by the Livelaw. The Amicus Curiae said that the biggest culprit was the “Indian Railways in this instance”. 

The Bench then asked ASG Aishwarya Bhati regarding the measures that could be taken for states that had not formed the committees as directed by the Court. The Court also asked the Indian Railways to file a specific affidavit dealing with these aspects, and directed ASG Aishwarya Bhati to take instructions from the Railways, as provided by the Livelaw. The matter had been scheduled to be heard on April 19 next.

Judgments by the Courts- no implementation in spirit

In the case, Amit Sahni v. Government of Nct of Delhi & Ors, a PIL had been filed in the year 2019 by Advocate Amit Sahni, seeking strict compliance of the 2013 Act in order to prevent loss of lives due to manual cleaning of septic tanks and sewers. In July 2022, the Centre had informed the Delhi High Court that due to various initiatives brought in by the Government, the number of tragic accidents while cleaning sewers and septic tanks have come down significantly. While stating that sanitation is a State subject, the affidavit provides that the cases of manual scavenging and deaths due to cleaning of septic tanks and sewers are forwarded to the State Government for taking necessary action. Emphasising that the Government is seriously concerned with the tragic incidents of deaths while cleaning sewer and septic tanks, the Centre has stated that as and when such case comes to its notice, the matter is immediately taken up with the concerned State Government to ensure payment of compensation to the affected family members and for taking action against the persons or agencies responsible for engaging persons for hazardous cleaning for sewer or septic tanks. 

It is crucial to note here that while in this above-mentioned case the government had stated that pursuant to the initiatives started by them the number of manual scavenging deaths had come down, in September 2022, the Delhi High Court had taken suo motu cognizance of a news report stating that two men had died last week in city’s Mundka area after they inhaled toxic gases inside a sewer. The news report had stated that that while Chandiliya was the first one to go inside the sewer, he fell unconscious after inhaling the toxic gases inside. Thereafter, Kumar went inside the sewer to rescue Chandiliya where he also fell unconscious. The two men were taken to a hospital but were declared brought dead. In October 2022, the Delhi HC had then directed the Delhi Development Authority (DDA) to pay Rs 10 lakh each as compensation to the family of two persons 

In November 2022, in the matter of Harnam Singh v. Government of Nct of Delhi & Ors., the Delhi High Court had heard a public interest litigation moved by Harnam Singh, a social activist and former Chairman of DCSK, raising concern in respect of conditions and facilities provided to various sanitation workers in the national capital. Apart from seeking directions for compliance of the law including the National Commission for Safai Karamcharis Act, the plea also sought health insurance and medical facilities for sanitation workers and their families. Disposing the said case, the court had directed the Delhi Government to ensure strict compliance of statutory provisions contained in 2013 Act and the Rules framed under the enactment. 

It is important to note, that in the said case, the responding authorities- Delhi Government, NCSK, Union of India and DCSK- had informed the Delhi HC that about the safeguards and measures taken for safety of the workers, including details about the training imparted to the Safai Karamcharis, their vaccination and their residential arrangement. The respondent authorities also informed court that the benefits given to health care workers were also extended to sanitation workers deployed in Delhi Government Health Institutions without any discrimination. The court was also informed that the statutory provisions are being followed, compensation is being paid and that the government has ensured that equipment are being provided to the workers. Keeping the said in mind, the court had this thus observed that the Delhi Government “does not have any other choice” except to implement the statutory provisions as contained under the 2013 Act and relevant Rules.

The judgment in the said case can be read here. 

Through the above mentioned cases, it can be deduced that for the Centre, state and its functionaries have had the same stance since the beginning, of denial. Thus, even as the Supreme Court has ordered for a meeting to discuss for the prevention of employment of manual scavengers, the said meeting will not yield any result till the time the Centre stops playing the defense, and starts accepting the ground reality, their role and their contribution in this issue. While the government refuses to acknowledge the continued prevalence of manual scavenging in India, an increasing number of people are dying as a result of it on a daily basis. More and more cases are being filed in India’s various courts, highlighting the appalling working conditions of manual scavengers and sewage workers in our country. in the previous years, many high courts, such as the Odisha High Court, Kerala High Court, Madras High court, Karnataka High Court, Bombay High Court, and even the Supreme Court itself have pronounced judgments reprimanding the authorities for the lack of safe infrastructure provided for scavenging and the tedious legal path that the kin of the victims have to take while securing compensation. 

Basic acknowledgement and reparation (compensation) rights have not yet been granted to victims of manual scavenging. One such basic right, to have the perpetrator of the crime be punished under due process, by law. In October 2022, the Supreme Court had asked the Union Government to file an updated affidavit in a plea seeking initiation of criminal proceedings against officials, agencies, contractors or any other person involved in engaging or employing manual scavengers resulting in their death at work. This matter, Criminal Justice Society v. UOI And Ors, the petitioner had also prayed for directions to the Union and State Governments to bring on record the actual number of persons engaged in manual scavenging and also a number of persons who have died since 1993 while working as manual scavengers so that FIRs can be registered in all such cases. There has been no update in this case as of now.

The judgment can be read here.

To truly change the situation and prevent it from continuing in these perilous and insidious ways, the government must be more proactive in recognising, rescuing, and rehabilitating manual scavengers across India. These so-called ‘service providers’ must also be identified and prosecuted. When even children are caught in these vicious cycles, immediate action is the only option.

The onus is not just not on the government, however. For India’s vast and stratified citizenry, some more privileged than most, many marginalized in different forms and ways, to understand and acknowledge that the rights of the manual scavenging community (caste) are the most abused, and that it is a shame to all us all that this practice persists at all, would be a sign that a genuine democratization of thought and spirit has taken root. Till we turn away, this scourge will persist as a sore reminder of our callous indifference.

During the budget session of the parliament of the year 2023, the issue of rehabilitation of Manual Scavengers was raised in the Lok Sabha. Ms. Mimi Chakraborty (TMC) had raised questions regarding the budget allocation for rehabilitation of Manual Scavengers. Responding to the same, Shri Ramdas Athawale, Minister of State for Social Justice and Empowerment had provided the following information:

The minister also provided the details of the number of beneficiaries provided under the Self Employment Scheme for Rehabilitation of Manual Scavengers (SRMS), who have been provided with the capital subsidy for mechanical de-sludging of sewer systems and expenditure incurred since then, which is as follows:

An analysis of the budgetary resources available to the SRMS clearly indicates their inadequacy to rehabilitate and empower manual scavengers. SRMS is one of the most important government interventions for manual scavengers. Implemented by the National Safai Karmacharis Finance and Development Corporation (NSKFDC) more than ten years ago, it is far from meeting its goals. 

As can be deduced from the tables provided above, the utilisation towards rehabilitation of manual scavengers is significantly less than the budget estimate. it is also crucial to note that the a significant decrease has also been noted in the number of beneficiaries in the year 2022-23, where the beneficiaries decreased to 141 from 461 in the previous year. 

In the same answer, the minister also provided that out of the 1035 persons that have died due to hazardous cleaning of sewer/ septic tanks since 1993,  family members of 948 have been provided compensation. While the government provided number of deaths due to manual scavenging is certainly not correct, it is crucial to note here that even after thirty years, almost 100 families are yet to be paid the desired compensation. 

The complete answer can be read here.

No space and no justice for manual scavengers in this Amrit Kaal

Even in this “Amrit Kaal” period of India, 76 years of India as an independent country, manual scavenging continues unchecked and unabated in India. The Dalit community still bears the stigma of cleaning sewers. 

Well known for her sweeping promises, in her budget speech, Nirmala Sitharaman, the union finance minister of India had said that “All cities and towns will be enabled for 100% transition of sewers and septic tanks from manhole to machine-hole mode.” 

Despite these lame assurances, nothing has changed in spirit, and if recent developments in the Supreme Court are considered, there is only a slim chance that the situation will change. The present government’s inconsideration (even denial) of caste inequalities as a relevant criterion to inform its policies is one of the things that stands in the way of the said slim chance. The current government saves face by bringing in the kin compensation, but does nothing to bring those on the margins of society into the financial ecosystem by safeguarding their socioeconomic interests. There is an urgent need to ensure that those who have escaped manual scavenging have easy access to financial benefits so that they do not have to return to the practice, whether due to discrimination faced or otherwise. It is critical that we remember that the core of manual scavenging is a violent denial of human rights, as Dr BR Ambedkar declared, all those decades ago. The deaths of the most marginalized among Dalits as a result of manual scavenging, intentional or out of a systemic disregard for human life, constitute a hate crime. The existence of caste is central to the perpetration of this crime, fragmenting our conscience to the point where we go about our lives unaffected and unperturbed by the sight of individuals sweeping excreta from railway tracks, naalis, sewers, and manholes, unprotected, armed with nothing but a basket and brooms. 

Related:

India’s Justice Delivery System Exposed: Startling Statistics Revealed in 2022 Justice Report

Zero reported deaths due to manual scavenging: Ramdas Athawale Gujarat: 3 lose their lives and

2 hospitalised from toxic sewer gas exposure; investigation launched

Dalit Sanitation Worker Dies by Suicide in Gram Panchayat Office in Telangana

Gujarat: 12 sanitation workers dead, but no compensation?

Protection of Manual Scavengers under the law: The real picture

Dalit man forced to enter and clean sewer in Gujarat

Dalits and Adivasis suffered violence and discrimination even in 2021

Varanasi: Sanitation worker dies after being trapped in sewer line for 18 hrs

Continuing deaths of sewer workers reveals a cynical culture of impunity

The post Manual Scavenging continues unabated, Indian Govts turns a deaf ear to acknowledge this systemic, extreme violence appeared first on SabrangIndia.

On December 13, 2022, during the ongoing Winter Session of the Parliament, Lok Sabha Member Kunwar Danish Ali raised the question about the large number of workers that have died while cleaning septic tanks during the current year, along with the details, and the total number of such workers who died during the last five years with state-wise details.

The Minister of State for Social Justice and Empowerment, Shri Ramdas Athawale, responded to the said question by informing the Lok Sabha that “the Government takes a serious cognizance of the deaths occurring due to hazardous cleaning of sewers and septic tanks and non-observance of safety precautions as prescribed under the Prohibition of Employment as Manual Scavengers and their Rehabilitation Rules, 2013.”

The Government also provided state-wise details of persons who are reported to have died due to hazardous cleaning of sewers and septic tanks during the last five and current years, which are as follows:

Responding to the inquiry of the steps taken by the Government to stop the death incidents of workers while cleaning of sewage and septic tanks and to save the septic tank cleaners, the Minister replied that “Ministry of Social Justice and Empowerment has also formulated “National Action for Mechanised Sanitation Ecosystem” (NAMASTE) particularly to stop deaths of Sewers and Septic Tank Workers (SSWs). NAMASTE intends formalization of system of cleaning of sewers and septic tanks operations so that only trained workers are engaged in cleaning of sewers and septic tanks and no person loses life due to hazardous cleaning.”

The reply can be read here;

No conviction in deaths

In the last Parliament session, Raja Sabha MP Jaya Bachchan said in the House that in the last two years, as many as 1,470 manual scavengers had died across the country. According to data cited in the Lok Sabha by the Union Minister of Social Justice and Empowerment, Ramdas Athawale, 325 people have died in the last five years in “accidents” while cleaning sewer and septic tanks. Of these, Delhi stood third in the country with 36 deaths after Tamil Nadu (43) and Uttar Pradesh (52).

The government blames the lack of sanitary precautions by the cleaners as the cause of death, absolving employers from responsibility. Activists have decried the government’s apathetic attitude towards the marginalised sections. The government does not identify deaths due to manual scavenging but calls them deaths due to hazardous cleaning of septic tanks and sewers.

As no government or private contractors are held guilty, the relatives of the bereaved are denied justice and financial compensation. Many cases were registered by the Delhi government under the SC/ST Act and Manual Scavenging Prohibition Act of 2013 only after severe reproach from courts. “But conviction rate is negligible. In December, the Centre had said in the Parliament, that cases registered for violation of the law were at different stages but did not come to a logical conclusion,” informed Rakshit Kumar.

It seems the governments are washing off their complicity by passing the buck on to private contractors and their negligence. Safai Karmachari Andolan, an organization working to eradicate manual scavenging, alleges that the government is deliberately under-reporting death numbers to dodge responsibility.

Three years after the Delhi government’s Sani-enterprise initiative

In 2019, AAP government had rolled out an ambitious plan to make manual cleaners sani-entrepreneurs. The intention behind the move was to empower people engaged in manual sewer cleaning by providing them a decent source of income. This is despite manual scavenging being prohibited under the law, and the Delhi government launching a scheme to deploy cleaning machines to weed out the practice.

The Government extended loan to buy truck-fitted cleaning machinery costing 20 lakhs. The machines have been fitted with necessary equipment ensuring hydraulic, jetting, grabbing and roding work. It can ensure cleaning the manholes of 30 feet deep and can clean the sewerage and bring the silt, slug and other waste out to a trolley.

It was decided to provide such cleaning machines to 200 people already engaged in cleaning activities. Delhi Jal Board took the initiative to reduce the death related with manual cleaning of sewers.

But, after three years no considerable decline was recorded in the number of people engaged in hazardous cleaning activities. Procedural hiccups and financial constraints sealed the fate of the project. 

People were asked to submit Rs 4 lakhs as upfront money to get loan, a huge sum for people doing daily wage jobs. The apathy by private players to switch to machines also dampened the process of change.

Rehabilitation of Manual Scavengers

On December 13, 2022, during the ongoing Winter Session of the Parliament, Lok Sabha Member Durga Das Uikey further raised the inquiry regarding the details of the amount distributed as compensation to the families of deceased manual scavengers along with the total number of deceased during the last three years and the current year, State-wise.

The Minister of State for Social Justice and Empowerment, Shri Ramdas Athawale, responded to the said question by informing the Lok Sabha that “No death has been reported due to engaging in Manual Scavenging (which is lifting of human excreta from insanitary latrines as defined in Section 2(1) (g) of the MS Act, 2013). However, 233 persons have died due to accidents while undertaking hazardous cleaning of sewer and septic tanks during the last three years and current year.”

He further provided details regarding the total number of deaths reported and the compensation paid. As per the data, 117 people died in the year 2019, out of which 87 were compensated. In the year 2020, 19 deaths took place while 14 were compensated while 47 were compensated out of the 49 who died in the year 2021. For the year 2022, 48 people died while 43 were compensated.

The Government also detailed the funds released under Self-Employment Scheme for Rehabilitation of Manual Scavengers (SRMS) during the last three financial years, which are as:

The reply can be read here;

What Does MS Act, 2013 Say?

The Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013 (also known as the MS Act) deems manual scavengers to be persons engaged or employed by an individual or local authority for “manually cleaning, carrying, disposing of, or otherwise handling, in any manner, human excreta in an insanitary latrine or in open drain” before it fully decomposes.

The Act further states that the person must be engaged or employed on a regular or contract basis, and that persons involved in cleaning excreta with the help of “devices and using protective gear” shall not be deemed to be a ‘manual scavenger.’

Is the Centre misrepresenting the death data in the Parliament?

Even in the last sessions of the Parliament, Social Justice Minister Ramdas Athawale appeared to have made erroneous statements with respect to manual scavenging and the data thereof. The answers given then were similar to the answers given during this Winter session, wherein Athawale had responded saying that there are no reports of people currently engaged in manual scavenging in the country.

But, the media reports and the ground reality is different. In 2019, social justice and empowerment secretary Nilam Sawhney, while elaborating on the draft National Action plan to eliminate manual scavenging by 2022, had admitted that 776 deaths took place while cleaning of sewers and septic tanks, reported the Times of India.

A Hindustan Times report said that, in a PIL filed before the Karnataka HC, it was revealed that 43 people have died in 21 cases of manual scavenging in the state since 2015. The petitioner also stated that such deaths are usually given the name of death by accident and thus put such worker’s lives at danger.

According to the central government data, Gujarat recorded 28 deaths of workers in sewers out of which only 23 families of the deceased had received the compensation of worth Rs. 10 lakh as mandated by the Supreme Court. However, it was revealed that the state government failed to compensate for any of the 12 deaths in the last 2 years. 

Haryana recorded 33 deaths, fully paid 23 families and partially paid six families. Rajasthan and West Bengal with 13 such deaths each fully compensated 11 and eight families respectively and partially paid one family each. Meanwhile, Goa, Tripura and Uttarakhand claimed to have zero deaths due to manual scavenging.

Similarly, Delhi with 42 recorded deaths fully compensated only 37 families. The status of compensation for the rest of the families is unknown. A similar story persists in Maharashtra with 30 deaths but only 11 fully compensated. In the case of these two regions, the remaining families and dependents were not even provided any fiscal payment at all. Only Punjab accounted for all recorded deaths (16) and compensation by providing the full amount to 10 families and partial payment to six families.

Related:

No death due to manual scavenging: Social Justice Minister Athawale

Gujarat: 12 sanitation workers dead, but no compensation?

Protection of Manual Scavengers under the law: The real picture

Dalit man forced to enter and clean sewer in Gujarat

Varanasi: Sanitation worker dies after being trapped in sewer line for 18 hrs!

The post Zero reported deaths due to manual scavenging: Ramdas Athawale appeared first on SabrangIndia.

Representational Image. 

Lucknow: Three young labourers employed at a house construction site in Barra, in Malviya Bihar of Uttar Pradesh’s Kanpur district, died around Sunday noon after inhaling toxic fumes while cleaning an unused septic tank without any protective gear. 

After one of the workers entered the tank and fell unconscious, another went inside to save him but lost consciousness as well. Finally, the third one entered the tank to save his co-workers but met the same fate—all three ended up suffocating to death.

The deceased labourers, the sole breadwinners of their families, have been identified as Amit Kumar (25), a resident of Dhamna village; Ankit Pal (22), a resident of Bidhnoo’s Kathogar village and Shiva Tiwari (25), a resident of Dharhara village of the district.

According to Govind Nagar assistant commissioner of police Vikas Pandey, the labourers died after inhaling poisonous gases in the tank. “When all the labourers fainted inside the tank, the police were called in and the three were pulled out with the help of the State Disaster Response Force and Central Industrial Security Force. They were rushed to a hospital where they were declared brought dead. The cause of death was apparently asphyxiation and inhalation of poisonous gases,” he informed Newsclick. 

Pandey added that “action will be taken against the building owner and contractor after registering an FIR” on the basis of a complaint by the families of the deceased. “The accused will be booked for culpable homicide not amounting to murder and violation of the Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013, and the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989.”

In May, two sanitation workers died of suffocation after entering manholes in separate incidents in UP. Two months later in July, two brothers died after allegedly inhaling toxic gases while cleaning the tank of a sewage treatment plant at Awas Vikas Colony, Kushinagar. The duo was hired by a local Bharatiya Janata Party (BJP) leader and forced to clean the tank without any safety equipment. 
  
At least, 347 sanitation workers died in the country in the last five years with the highest number of deaths recorded in UP, the Centre had informed the Lok Sabha last month. Responding to a query raised by BJP MPs Subrat Pathak and Manoj Tiwari, Union minister of social justice and empowerment Virendra Kumar said, “The government takes a serious cognisance of the deaths occurring due to hazardous cleaning of sewers and septic tanks.”

The Centre also provided data on the year-wise deaths of manual scavengers: the highest number of deaths at 116 was reported in 2019, followed by 92 in 2017.

The data also showed a breakdown of the reported deaths in the states and Union Territories in the last five years with UP at the top (51), followed by Tamil Nadu (48) and Delhi (44) at third. In 2019, 26 septic tank workers died in UP, the highest in the country.

Manual scavenging, banned under the 2013 Act, continues with the employment of workers mainly from Dalit subcastes. Further, sanitation workers are often not provided with mandatory safety gear, leading to injuries or death caused by inhalation of toxic fumes.

Courtesy: Newsclick

The post 3 More UP Manual Scavengers Dead After Inhaling Toxic Fumes appeared first on SabrangIndia.

A city sessions court in Ahmedabad has recently acquitted three people charged in relation with the death due to asphyxiation of Dalsukhbhai Chavariya, a sanitation worker who had entered a manhole at Jamalpur Chakla on the night of June 12, 2018 in order to clean it.

While Dalsukhbhai worked for Darpan Valmiki Samiti on a contractual basis and the organization had the Ahmedabad Municipal Corporation’s (AMC) sewage cleaning contract, a 2018 DNA India report states that the CCTV footage shows him entering the manhole to clean it, while other sources also state the presence of a civic body employee at the occasion.

Mukesh Gadhvi, deputy municipal commissioner had then stated, “The matter is under investigation. On primary level, the contractor has been found guilty. When we give a contract to private players, we seek their written assurance that they will take life insurance policy of the employees worth Rs 10 lakh as per the judicial guidelines.”

As alleged, there was criminal negligence on the part of the contractor and AMC officials, the action being a violation of the 2007 Government Resolution (GR) prohibiting the compelling of any person to enter a manhole and also not providing with safety equipment for such persons. Accordingly, Altafhussain Thakor, the Samiti’s contractor, as well as AMC officials Girishbhai Chauhan and Amrutbhai Prajapati, were booked by the police under Section 304 (culpable homicide not amounting to murder) and for violating the Prohibition of Employment as Manual Scavengers and Their Rehabilitation Act, 2013. The family members of the victim asked for the immediate suspension of the supervisor who compelled him to enter the manhole as well as the compensation and job for a family member.

According to Times of India, the brother and family of the complainant (Dalsukhbhai’s elder brother) did not render support to the prosecutors during the trial. Further, as reported that the grounds of acquittal being that the police did not have any evidence with regards to his employment with the above-mentioned agency, the worker’s ID card and PF details were not placed on record and even the agency’s contract with the AMC for sewage cleaning work was not produced, thus not establishing the compulsion to make the worker enter the manhole.

What the Law says

The Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013 deals with the cleaning of sewers, septic tanks and manual scavenging work as follows:

1. Section 5 states that no person, local authority or any agency is to:

   1. Construct an insanitary latrine

   2. Employ any person as manual scavenger either directly or indirectly

   3. All such people engaged are discharged of the duties

Further, as defined under Section 2(g), ‘manual scavenger’ is a person engaged or employed by an individual /local authority/ agency / 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, before the excreta fully decomposes in such manner as may be prescribed, and the expression ‘manual scavenging’ shall be construed accordingly.

According to the exceptions of the Section, employed/ engaged may also cover employment on regular or on contractual basis. Further, those who have such devices and use protective gear cannot be deemed to be a ‘manual scavenger’.

2. Section 7 prohibits engaging a person for hazardous cleaning by stating that:

“No person, local authority or any agency shall, from such date as the State government may notify, which shall not be later than one year from the date of commencement of this Act, engage or employ, either directly or indirectly, any person for hazardous cleaning of a sewer or a septic tank”

Under Section 2(d), ‘hazardous cleaning’ is defined as such manual cleaning by employee of any sewer or septic tank without being supplied protective gear and other cleaning devices and observing safety precautions.

Section 8 further laying the punishment for engaging a person to clean septic tanks and sewer with imprisonment for a term extendable to one year or with fine extendable to fifty thousand rupees or with both. In cases of violating again, with imprisonment extendable upto two years or with fine extendable upto one lakh rupees, or with both.

Section 3(j) of the Scheduled Castes and The Scheduled Tribes (Prevention of Atrocities) Act, 1989  as amended up till 2016  states that if a member of the SC/ST community is made to do manual scavenging or if a person employs or allows to employ such members for such purpose, they shall be liable for imprisonment not less than 6 months and extendable upto 5 years with fine.

Charges to be applied

While the 2013 act remains silent on which provisions of the Penal Code apply to such cases, the Courts have dealt with it and demanded the filing of cases against the supervisors and officials. Previously as reported by The Hindu, when two people had died in Bengaluru out of asphyxiation while being forced to clean a well where sewage had accumulated, the police had charged the accused under the 2013 Act as well as with Section 304, IPC i.e., culpable homicide not amounting to murder, a non-bailable offence instead of Section 304-A i.e., causing death by negligence. As reported by Caravan magazine, Bhasha Singh who has written a book on manual scavenging opines that the law and the precedents clearly establish that the cases amount to culpable homicide and not death due to negligence and thus an FIR needs to be filed against all the accused who force people to clean manholes without safety gears.

The Status quo of Sewer deaths and related aggrievement measures

1. Conviction rates:

In 2019, social justice and empowerment secretary Nilam Sawhney while elaborating on the draft National Action plan to eliminate manual scavenging by 2022 and admitting the fact that 776 deaths took place while sewer and septic tank cleaning, as reported by TOI, stated that not a single conviction has taken place in cases such sewer deaths while cleaning without safety gear.

According to as reported by The MilliGazette, even after the reported 620 deaths since 1993, the Government not realizing its responsibility to end the draconian practice, in reply to a question, Social Justice and Empowerment Minister of State Ramdas Athawale had briefed the LokSabha that –

1. 445 cases had been paid compensation

2. 58 cases were settled partially settled

3. 117 cases were pending.

Further, it was also stated that 53,598 manual scavengers had been identified from December 6, 2013 till June 30, 2019 and while the 2013 Act prohibits employing persons for manual scavenging, there were no conviction reports filed by the State/Union territory. While being asked whether the 2013 Act was to be amended to make such reporting compulsory, the minister expressed no plans for the same.

The report by Scroll.in also highlighted this issue of under-reporting as evident from the data that was shown by the ministry that elucidated the registered deaths in such cases in the last five years till 2020, to be:

• 52 in Uttar Pradesh

• 42 in Tamil Nadu

• 36 in Delhi

• 34 in Maharashtra

• 31 each in Haryana and Gujarat

However, while the Tamil Nadu state government itself shows the deaths to be at 145, the Centre only stating 43 in the State cannot be understood with such a wide difference.

As reported by Hindustan Times, in a PIL filed before the Karnataka HC, it was held that in 21 cases of manual scavenging in the state since 2015, 43 people have died. The petitioner also states that such deaths are usually given the name of death by accident and thus put such worker’s lives at danger. Supplementing the arguments is the data from Karnataka State Commission for Safai Karamcharis that showing 36 manual scavenging incidents since 2008, resulting in 72 deaths, police cases were filed in all such instances but not leading to conviction. The details were:

1. In 4 cases, B-report was filed implying that there was not enough evidence.

2. 5 cases registered as unnatural death

3. 15 under trials

4. 2 under investigation

5. In 12 cases, the accused were acquitted.

As reported by Scroll.in, as per a ministry of social justice and empowerment bureaucrat elaborating on the last 27 years statistics up to 2020:

1. Manual scavenging work led to death of 1,013 people

2. FIRs were file in only 462 cases

3. In most of these cases, specifically, 418, only negligence by death under Section 304, IPC was invoked

4. 44 cases registered as accidental deaths

5. 37 FIRs that amount to less than 1% mention the Prohibition of Employment as Manual Scavengers and their Rehabilitation Act

Non- application of the 2013 Act:

Further, elaborating upon the non-application of the 2013 Act, Scroll.in reported the case of two poverty struck brothers from the Paraiyar Dalit community who worked as manual scavengers for contractors in Chennai. When they were called upon urgently at night by a contractor to clean the septic tank so that the mall could be opened in the morning, the brothers along with three others started the cleaning work. Further throwing light on the malpractice by the contractors, one of the brothers Ranjit said that the like usual, the Contractor clicked pictures of the workers with safety gears (as reported- masks, gloves and boots provided by Express Avenue Mall) and then asked them to remove it before entering, thus a custom only in order to show that the rules are complied with. While they were in the septic tank and sewer water was released, Ranjith being overcome by fumes, his brother Arun managed to pull him up but himself slipped and fell into the waist high sewage water due to which he was affected by the fumes and died. Tracking the case, it was found that not a single arrest was made and the FIR only listing Section 304, IPC (negligence by death), the 2013 Act does not find any mention. The Chennai corporation paid Rs. 10 lakh compensation to the victims after which the general reluctance by the victim’s family to pursue the case due to its futility was seen.

Suo-motu cognisance by police and case of culpable homicide

As reported by the Caravan magazine, in a particular instance from May 2021, two Muslim workers died after being forcibly made to enter a manhole at the site of the Central Government’s Namami Gange project for an urgent work. A Murshidabad based contractor Nayan Raza sub-contracted by Larsen &Toubro had brought 25 labourers including these brothers for the work on sewage lines for Namami Gange project that aims at the improvisation of sewage infrastructure, removing sludge, etc.

The legally required safety precautions not being complied with in the hurry of completing the project, even till mid-September, neither was any case of culpable homicide registered against the employer/ contractors, nor did the families of the victims receive any compensation. The reason given by the police was that it had taken sou-moto cognisance of the death and thus filed a case of unnatural death rather than that of culpable homicide as it did not have the power to register a FIR by taking suo-motu cognisance. Saying so and that post- mortem indicated “suffocation due to gas” as the cause of death, the SHO as reported also stated, “I am still waiting for someone to come and file a case of culpable homicide. We will investigate it. Many NGOs came after the incident, a committee of Patna High Court had also come, but no one lodged a complaint. If the relatives of the deceased also come and complain, we will register the complaint.”

Further, a report by the fact-finding team of human rights organisation also alleged the reluctance of the police in investigating the case and acting in favour of the contract and the company and that circumstantial evidence hold both of them directly responsible for the deaths. It was also argued that in light of the powers under Section 174, CrPC, to determine cause of death and support same by eyewitnesses after which the police may register a case of culpable homicide. When such suo-motu cognisance was taken to file case of unnatural death, the same could be done for culpable homicide.  

It was further reported, as per Bezwada Wilson, the national convenor of Safai Karamchari Andolan, deaths often not being recorded, if in case FIR is filed, the same is not done willingly and the 2013 act as well as The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 are not mentioned. He further said, “Often, the authorities are not even to accept the death was caused by manual scavenging but instead put the blame on the labourers for being drunk and negligent.”

As reported by The Hindustan Times, according to a study by the Rashtriya Garima Abhiyan, only one out of three cases see a police complaint being filed and none are brought to trial while only three of ten cases result in compensation being allotted to victim’s families. Thus, despite arrest, prosecution stage is never reached. Further other deterrents to such action being taken are that-

1. Most of the people are from marginalised sections (SC/ST/OBCs)

2. The partial prohibition that the manual scavenging law lays thus limiting the scope

Compensation and rehabilitation

The 2014 Supreme Court Judgement of Safai Karamchari Andolan v. Union of India, (2014) 11 SCC 224 laid down that families of all the workers who died in the process of sewer cleaning were to be given Rs. 10 Lakh as compensation. It further also laid for rehabilitation.

As reported by The Wire, in an RTI filed before the National Commission for Safai Karamcharis (NCSK), it was shown that in 814 officially reported cases since 1993 up till 2019, only 455 cases were granted full compensation i.e. only in 50 % cases whereby workers had died cleaning sewers, their families received the compensation of Rs. 10 lakhs. In many cases the compensation paid was Rs.2 to Rs. 5 Lakh and not the mandated Rs. 10 lakhs. Further, the report discussing the number of cases compensated state-wise, the most shocking data was revealed that in the 25 sewer deaths in Maharashtra, none actually received the compensation!

While this remains to be the situation of arrears, many High Courts including the Madras HC have issued directions to the State governments to compensate the victim’s family and in some cases even asked for payment of interest for the delay in paying compensation. The Courts have also asked the government to consider enhancing this limit of Rs. 10 Lakh earlier set as per the Status quo in 2014 and the cost of living having been increased substantially since then.

(Part 2 will elaborate upon such various instances that came up before the High Courts with regards to gross violation of these essential requirements under the 2013 act and the efforts of the Judiciary to tackle these issues)

Related:

K’taka HC directs state gov’t to come up with scholarship for children of manual scavengers

Shocks the judicial conscience: Odisha HC on death of four manual scavengers

SC adjourns plea filed in 2019 seeking criminal action for employing manual scavengers

Safai Karamchari Andolan campaigns against dry latrines

The post Protection of Manual Scavengers under the law: The real picture appeared first on SabrangIndia.

The Karnataka High Court has directed the state government to come up with a scheme to grant scholarships to children of those who died due to manual scavenging, as also providing compassionate appointment to their legal heirs under Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013, reported LiveLaw.

Section 13 of the Act provides for rehabilitation of persons identified as manual scavengers and under sub-section (1)(b) states that the children of a manual scavenger shall be entitled to scholarship as per the relevant scheme of the Central Government or the State Government or the local authorities.

Notably, this section does not concern itself with just those manual scavengers who have died, but all such persons identified as manual scavengers in the final list of manual scavengers published in pursuance of sub-section (6) of section 11 or added thereto in pursuance of sub-section (3) of section 12 of the Act.

The bench of Acting Chief Justice Satish Chandra Sharma and Justice Sachin Shankar Magadum has directed the government to come up with a uniform scheme in this regard as there is a lot of disparity in paying scholarship.

The counsel of the petitioner, All India Central Council Of Trade Unions, informed the court that in the compliance report submitted by the state government under the head of scholarship, an amount of Rs 1,000 is mentioned while in some cases Rs. 10,000 has been given by the state. Hence there is lack of clarity whether the amount is paid monthly or yearly or as a one time measure.

To this, the court responded that if the lump sum is Rs. 1,000 then it is an eye wash and the Rs.10,000 whether it is yearly or monthly in unclear.

The court has thus directed the state government to come up with a proper uniform scheme in this regard within 30 days. It also directed the state to complete within two months the survey for identifying and rehabilitating manual scavengers.

Specific incidents

The incident in Ramanagara that took place on June 4 took lives of 3 manual scavengers and the court has directed the state government to provide the family of the deceased with employment within a period of thirty days, reported LiveLaw.

Further in respect to the incident in Kalaburgi of January, where 2 manual scavengers lost their lives, casual appointment was granted to the legal heirs of those deceased. The court however pointed out that casual appointment can come to an end at any time and that they should be given training for some alternative profession/vocation as stipulated under section 13(1)(d).

While the continuous monitoring of the court in this regard is appreciated, it is not the mandate of the law. In clear terms, the Act has assigned functions to public servants to implement the provisions under the Act. The Court is simply passing directions on those lines to ensure that the families of manual scavengers receive the reliefs that are entitled to them under the Act. Especially in terms of rehabilitation, the District Magistrate is assigned with the task to ensure rehabilitation or any such subordinate officers or the concerned Municipality

Failure to provide safety equipment

The court was informed by Senior Advocate Jayna Kothari that the state has been non-compliant wit respect to providing necessary safety equipments at the local bodies as enumerated in the Rules under the Act. Rule 3, framed under the Act, provides for obligations of the employer towards employees engaged in the cleaning of sewer or septic tank and provision of safety equipment.

At the last hearing, on August 30, the court had directed the state to file a detailed chart in respect of equipment available with the corporations in terms of the Act of 2013. However, the state failed to file the same and hence the court has granted 30-days time to file the same.

Manual scavenging deaths

During the monsoon session, the Raja Sabha was informed by the Minister of Social Justice and Employment, Virendra Kumar, that 941 deaths related to cleaning sewers and septic tanks have been recorded across 21 States and Union Territories, but there are no reports of death due to manual scavenging.

He further stated that as per the two surveys conducted by the local authorities in 2013 and 2018, as many as 58,098 persons have been identified as manual scavengers.

The story will be updated with the order

Related:

Widows of three manual scavengers get compensation and rehabilitation from Bombay HC
941 deaths while cleaning sewers, septic tanks: Centre informs Rajya Sabha
Centre claims that nobody died due to manual scavenging reported in the last 5 years!

The post K’taka HC directs state gov’t to come up with scholarship for children of manual scavengers appeared first on SabrangIndia.

 “This case should be an eye opener to all of us,” said the Bombay High Court while directing the concerned District Collector to compensate and rehabilitate widows of three manual scavengers, who lost their lives cleaning septic tanks in December 2019. Justices Ujjal Bhuyan and Madhav Jamdar directed compensation of Rs. 10 lakhs to be paid to Vimla Govind Chorotiya, Neeta Santosh Kalshekar and Bani Vishwajit Debnath, within a period of four weeks.

Their counsel, Isha Singh, referred to the supreme court ruling in Safai Karmachari Andolan (2014), to argue that in the case of death of manual scavengers while carrying out manual scavenging even in the private sector, there is strict liability on the State to pay compensation. That apart, she said, “The State must also take effective steps for rehabilitation of the family members of the deceased persons in terms of section 13 of the Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013.”

The government opposed this argument, allegedly in an effort to evade paying compensation. The government pleader, Ms. P.H Kantharia, argued that since the death happened in the private sector, the head of the private sector is liable to pay compensation. She also argued that since the death happened inside the drainage tank of the person, that person is equally responsible and cannot escape liability. She referred to a government resolution passed on December 12, 2019, which states that the government would only help overseeing compensation by the private party and not dispense with compensation itself.

The Bench observed that the 2013 Act was meant to acknowledge the rights of persons engaged in sewage cleaning and cleaning tanks as well as persons cleaning human excreta on railway tracks under Articles 17 (Abolition of Untouchability) and 21 (Right to Life) of the Constitution of India. However, the Act has failed to achieve this goal.

“The existing laws are not stringent enough to eliminate these evil practices. In view of above, there is a need to make comprehensive and stringent provisions for the prohibition of insanitary latrines and employment of persons as manual scavengers, rehabilitation of manual scavengers and their families and to discontinue the hazardous manual cleaning of sewers and septic tanks by the use of technology and for matters connected therewith,” read the order.

In addition to the compensation to the three women, the court was informed by the government that they will rehabilitate them in accordance with Section 13 of the Prohibition of Employment of Manual Scavengers Act, 2013 by providing their children scholarships. She highlighted how the petitioners would be included in the list of manual scavengers.

The court has also directed the Maharashtra government to give information to the Court with respect to the persons who died in the State as manual scavengers since the year 1993. They have also been directed to inform the court as to how many scavengers have been identified in the state and whether any compensation has been given to their families.

No deaths due to manual scavenging?

On July 28, 2021, Ramdas Athawale, the Social Justice and Empowerment Minister had informed Rajya Sabha that no deaths pertaining to manual scavenging has been reported in the last five years. Interestingly, this answer by Ramesh Athawale contradicts his own written reply dated February 2, 2021, where he had stated that the reported number of deaths stood at 340 across 19 States, with Uttar Pradesh topping the list at 52 deaths.

The central government has also claimed no deaths, despite the Karnataka high court’s observations on similar petitions related to the practice of manual scavenging, taking note of some deaths in the state. The court had also held that the practice of manual scavenging is inhuman and that it infringes the fundamental rights guaranteed under Article 21.

On February 2, 2021, the high court perused the memo filed by the State and other documents and remarked that it was “crystal clear that there is absolutely no compliance with the provisions of the Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013.”

Hollow promises

Last year, SabrangIndia, on World Toilet Day (November 19), had reported that the government had announced that their aim is to eliminate manual scavenging across the country by August 2021. The Senior Minister ensured that no person needs to enter a sewer or septic tank, “unless absolutely unavoidable in the interest of greater public hygiene.”

At a webinar in New Delhi, Shri Hardeep Singh Puri, Minister of State, Independent Charge, Ministry of Housing and Urban Affairs, said, “We are today setting another milestone by launching the Safaimitra Suraksha Challenge which aims to ensure that no life of any sewer or septic tank cleaner is ever lost again owing to the issue of hazardous cleaning.”

The Bombay HC order may be read here:

Related:

Centre claims that nobody died due to manual scavenging reported in the last 5 years!

Manual Scavengers: 340 deaths, yet Centre has no intention to make stricter laws!

Govt aims to eliminate manual scavenging by August 2021

Death of manual scavengers: Karnataka HC takes note of the grim situation

Manual Scavengers Act: Karnataka HC issues directions over implementation

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