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:

Related:

8 sanitation workers die in UP in last 10 days due to hazardous cleaning, activists calls for FIR 

Manual Scavenging: Eradicate the practice, ensure effective rehabilitation, scholarship, compensation, uphold dignity and liberty says SC

Manual Scavenging continues unabated, Indian Govts turns a deaf ear to acknowledge this systemic, extreme violence

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

The workers were initially supplied with machinery for the task at hand, however when the machine failed to work thereby, one of them was forced to enter the sewage tank, which was about 25 feet deep, themselves. The other workers consecutively followed suit when there was no response from the first worker, until all of them were down in the septic tank and had fallen unconscious, according to H.L. Rathod, the Deputy Superintendent of Police, Surat Rural. 

After receiving a distress call, emergency response teams quickly arrived at the scene but despite efforts by firefighters to extract the unconscious workers from the septic tank, they were declared dead by the 108-emergency team. The bodies of the four victims were then transported to Surat Government Hospital for a post-mortem examination, according to the report. The police have indicated that, while it seems to be an accident prima facie, if any evidence of foul play arises, they will deal with it diligently. 

While Manual Scavenging has long been outlawed, the practice that has been described by the UN’s High Commissioner for Human Rights, Navi Pillai, as a “dreadful practice”, it still continues to be prevalent in society. In the past 5 years, about 340 deaths from manual scavenging in India. 

On October 20, 2023, the Supreme Court issued a directive instructing the Union government, state governments, and the union territories to ensure the complete eradication of the practice of manual scavenging. Furthermore, the court went on to increase the compensation for the families of workers who lose their lives while cleaning sewers from Rs 10 lakh to Rs 30 lakh. 

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. 

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The post Manual Scavenging: 4 die cleaning septic tank in Surat 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. 

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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

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Protection of Manual Scavengers under the law: The real picture

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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.

Dalit rights activist and Safai Karmachari Andolan (SKA) founder Bezwada Wilson has shot down Union Minister Ramdas Athawale’s claim that no deaths have taken place due to manual scavenging, reported UCA News on March 18, 2022. Dubbing it an insensitive statement, Bezwada said a Minister of Athawale’s position should not make such irresponsible remarks.

On March 15, Member of Parliament Dushyant Singh asked Athawale about the state-wise number of deaths due to manual scavenging in the last five years, along with the number of family members who received compensation after the deaths.

To Wilson’s shock, the Social Justice and Empowerment Minister’s response before the Parliament was that not a single manual scavenging death was reported during this time. The 325 deaths he cited were dubbed as ‘accidental deaths’ during hazardous cleaning of sewer and septic tanks. Wilson called this reply “an insult to the families of manual scavengers”

According to Wilson, at least three people have died while cleaning a septic tank in Mumbai in March alone! Further, he said SKA found at least 45 deaths due to manual scavenging in 2021 alone, with Karnataka accounting for at least five deaths. Calling Athawale’s speech “misleading and incomplete”, Wilson said the government’s failure to acknowledge casualties was “disheartening.”

Data offered by the Centre

With regards to compensation, Athawale said that affected families are provided ₹ 10 lakh in accordance with the Supreme Court’s judgment in 2014. However, the information annexed showed that only 276 families received compensation during the last five years despite 325 such deaths. This leaves out 49 families or affected dependent groups.

Of the states and union territories listed, only Bihar, Chhattisgarh, Chandigarh, Karnataka, Kerala, Madhya Pradesh, Odisha, Tamil Nadu and Telangana compensated affected families with the appropriate ₹ 10 lakh. The rest of the regions either provided less than the aforementioned amount or haven’t compensated families at all as of yet. Overall, 31 families did not receive full compensation.

For example, Uttar Pradesh that recorded 52 deaths, the highest figure in the given data, compensated only 27 families with the full amount and gave less than ₹ 10 lakh to 17 families. This still leaves out eight families deserving compensation by the government’s own record.

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.

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.

Aside from deaths, Singh also asked about measures for rehabilitation of manual scavenger families after the loss of a family member, government action against contractors and names of states that have banned manual scavenging.

To all this, Athawale listed various government schemes and mentioned that manual scavenging is a banned activity all over India as per the Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013.

Related:

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!

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In a day and age when manual scavenging should be a thing of the past, a Dalit man was forced to enter a sewer to clean it in Gandhinagar. The man identified as Amar Singh Vasava was forced to clean a choked up drain in Navratri Chowk in Sector 3B on Thursday, that too without any safety gear!

The incident came to light when Jignesh Mevani, the independent MLA from Vadgam tweeted about it:

गुजरात के पाटनगर गांधीनगर के स्केटर 3-B में
नवरात्रि चोक के पास आज भी एक सफाईकर्मी को गटर में उतारा गया। @dgpgujarat आप तुरंत करवाई करें। पिछले 3 महीने में यह तीसरी बार हुआ है। मामले में तुरंत FIR और गिरफ्तारी होनी ही चाहिए। @CollectorGnr @CMOGuj @PMOIndia pic.twitter.com/KdKoo6OAFm

— Jignesh Mevani (@jigneshmevani80) January 6, 2022

Mevani pointed out how this had been the third time such an incident had taken place in the last three months and demanded that an FIR be filed immediately.

Following this, police filed an FIR at the Sector 7 police station of Gandhinagar against a supervisor named Parthiv Lathia, who works for Khilari Infra Private Limited, a Navi-Mumbai-based company that has a six-month contract for repair and maintenance of drains in the area. Lathia was booked under sections of the Scheduled Caste and Scheduled Tribe (SC/ST) Prevention of Atrocities Act, Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, and IPC 336 for negligent act endangering human life.

The Indian Express quoted an excerpt from the complaint: “Lathia had asked Vasava, a Bharuch native, to enter the drainage without any safety gear. However, as per the conditions of the tender received by Lathia’s agency, no worker can be made to enter the drainage.”

Dalits have faced exclusion and discrimination for centuries, often forced to take up degrading and dehumanising work like manual scavenging. This practice is common even today, despite the fact that legislations exist to protect the rights of people hailing from Scheduled Castes and Tribes, and there is even a law that prohibits people from being employed as manual scavengers – Prohibition of Employment as Manual Scavengers and their Rehabilitation Act.

Ideally this work should be done using machines. Manual scavengers not only suffer from a multitude of health problems due to constant exposure to untreated sewage and waste, they also lose their lives in the line of duty, due to poor safety standards.

Just over a month ago, a sanitation worker died in Varanasi after being trapped in a sewer line for 18 hrs! Meanwhile, the Centre has contradicted itself on the matter of deaths of manual scavenging.

In July 2021, in a written response submitted to the Rajya Sabha, the Social Justice and Empowerment Ministry admitted that the inhuman practice of manual scavenging is still prevalent in India with over 60,000 manual scavengers identified across the country. Ramdas Athawale, the Social Justice and Empowerment Minister informed the Rajya Sabha through his written answer on July 28, that no deaths due to manual scavenging were 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, as reported previously by SabrangIndia.

This elicited outrage by human rights defenders. Leading the charge was Bezwada Wilson, the national convenor of the Safai Karmachari Andolan.

472 deaths from 2016 to 2020 and 26 deaths this year till date due to manual scavenging are recorded with details of each incident sent to central government! Still it keeps denying even a single death!! Shameful!!#ManualScavenging #stopkillingus

— Bezwada Wilson (@BezwadaWilson) July 31, 2021

Interesting in August 2021, while replying to a question tabled in the Rajya Sabha, Minister of Social Justice and Employment, Virendra Kumar, informed the Parliament 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! This is rather odd, because if people did not enter these sewers and septic tanks to clean them (as manual scavengers do), then how did they die? If people did not enter these sewers and septic tanks, that means machines were being used. But how did that kill the people?

The Ministry’s written answer said, “There is no report of death due to manual scavenging”, but it revealed figures pertaining to deaths of workers while cleaning sewer/septic tanks. The highest number of deaths has been reported from the States of Tamil Nadu (213), followed by Gujarat (153), and then Uttar Pradesh (104).

Related:

Varanasi: Sanitation worker dies after being trapped in sewer line for 18 hrs!
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!
Manual Scavengers: 340 deaths, yet Centre has no intention to make stricter laws!

The post Dalit man forced to enter and clean sewer in Gujarat appeared first on SabrangIndia.

While replying to a question tabled in the Rajya Sabha, Minister of Social Justice and Employment, Virendra Kumar, has informed the Parliament 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. His response 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 Ministry’s written answer said, “There is no report of death due to manual scavenging”, but it revealed figures pertaining to deaths of workers while cleaning sewer/septic tanks. The highest number of deaths has been reported from the States of Tamil Nadu (213), followed by Gujarat (153), and then Uttar Pradesh (104).

In February this year, the government had said that the reported number of manual scavenging deaths stood at 340 across 19 States, with Uttar Pradesh topping the list at 52 deaths, as reported previously by SabrangIndia. However now, the stance seems to have changed. A few days ago, in a written response dated July 28, the Centre said “no such deaths have been reported”. This answer has once again been repeated through this recent response dated August 4.

The response received a backlash on Twitter and other social media platforms, with people calling out the government’s insensitivity to people dying while doing this work, which is illegal under the Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013.

Human Rights activist Bezwada Wilson, who is also the national convenor of the Safai Karmachari Andolan, criticised the government for their lack of sensitivity and acknowledgment of the problem. He revealed that about 472 deaths from the year 2016 to 2020, and 26 deaths alone this year had been recorded due to manual scavenging. Further, he added that the details of all such incidents had also been sent to the Centre, but to no avail.

472 deaths from 2016 to 2020 and 26 deaths this year till date due to manual scavenging are recorded with details of each incident sent to central government! Still it keeps denying even a single death!! Shameful!!#ManualScavenging #stopkillingus

— Bezwada Wilson (@BezwadaWilson) July 31, 2021

Lies & blatant lies! Govt statement in parliament of no death due to #ManualScavenging in last 5 years is shameful as well as disrespectful to every person who died cleaning our shit! Its simply a cover-up of its own failure to stop deaths in sewers, septic tanks. #stopkillingus

— Bezwada Wilson (@BezwadaWilson) July 31, 2021

Wilson, while speaking to The Hindu, also said, “The statement itself is a very inhuman statement. The practice is inhuman of course, but the statement is very inhuman and cruel. They know that people died, and they reported it in the last Parliament, and now in this Parliament they are saying that nobody died.”

The answer 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!

The post 941 deaths while cleaning sewers, septic tanks: Centre informs Rajya Sabha appeared first on SabrangIndia.

Ramdas Athawale, the Social Justice and Empowerment Minister has informed the Rajya Sabha through his written answer on July 28, 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, as reported previously by SabrangIndia.

Therefore, this tone-deaf response of the Centre is nothing less than an insulting slap in the face of people, especially those hailing from the marginalised communities who are forced into doing this dehumanising work, despite it being banned under the Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013. 

The Ministry has also provided state wise details of the total number of manual scavengers in the country which stands at 66,692. The state with the highest number of workers is Uttar Pradesh (37,379) and the lowest figure comes from Chhattisgarh (3). The data provided by the Centre is incomplete as it covers merely 17 states. Some more figures are as follows:

SabrangIndia has extensively reported on the issue of manual scavenging and deaths caused due to this inhuman practice.

In April this year, the Odisha High Court in a suo motu case related to the death of two young men in Cuttack, during manual scavenging, very strongly observed that, “The shameful practice of making persons belonging to the underprivileged and poorest sections of Indian society undertake the hazardous manual cleaning of sewers and septic tanks continues unabated notwithstanding the enactment of the Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013. It shocks the judicial conscience, as it should the society’s collective conscience.”

The Karnataka High Court has also been seized with this matter related to the death and rehabilitation of scavengers. In one of the hearings of a petition filed by All India Council of Trade Unions (AICTU) and High Court Legal Services Committee in March this year, the High Court took note of the grim situation and opined that it had become ‘crystal clear’ that the manual scavenging act has not been implemented properly in the state, as we had previously reported. The Division Bench headed by the Chief Justice AS Oka of the Karnataka High Court had also held that the practice of manual scavenging is inhuman and that it infringes the fundamental rights guaranteed under Article 21.

Two people died of asphyxiation on February 26, 2021 while cleaning a sewage tank in Chennai, Tamil Nadu, bringing the total death toll due to manual scavenging to six in just the month of February! Earlier, on February 14, three persons had died in Kancheepuram district due to the same reason, followed by yet another death of a worker cleaning sewage from a 30-feet deep well in Chennai on February 17.

More damning evidence of gov’t apathy

Another question was posed to the minister with respect to assistance provided to manual scavengers over the last 5 years. In the year 2020 to 2021, only 14,692 workers out of the overwhelming number of 66,692 have received a one-time cash assistance of Rs.40,000 for rehabilitation. This number was even less between 2019 to 2020 wherein only 13, 246 workers received financial assistance. Between 2020 to 2021, states like Bihar, Gujarat, Chhattisgarh and Kerala offered no assistance.  

Furthermore, the numbers are even more shockingly low in 2017-2018 at just 1,171 workers, and in 2016-2017 at 1,357 workers. In the year 2018-2019, as many as 18,709 manual scavengers received one time assistance, but this number also remained shockingly low in comparison to the total number of manual scavengers in the country. Arguably, the total number of manual scavengers is way more than what has been projected, taking all states and Union Territories into account.

Last year on World Toilet Day (November 19), the Government of India had announced their aim to eliminate manual scavenging across the country by August 2021. Launching the Safaimitra Suraksha Challenge at a webinar in New Delhi, Shri Hardeep Singh Puri, Minister of State, Independent Charge, Ministry of Housing and Urban Affairs, had 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.”

But we are far from solving the problem as the Centre with this response, refuses to even accept that there is a problem. Despite Indian laws deeming manual scavenging illegal, it remains to do very little for the workers and most importantly their safety.

The answer may be read here: 

Related:

Shocks the judicial conscience: Odisha HC on death of four manual scavengers
Two manual scavengers die in Chennai, death toll at six for this month alone!
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
Death by excreta: The cursed lives of India’s manual scavengers

The post Centre claims that nobody died due to manual scavenging reported in the last 5 years! appeared first on SabrangIndia.

The Orissa High Court has sought the status of compensation to families of persons deceased due to manual scavenging from the Water Corporation of Odisha (WATCO). The compensation is with respect to two deaths, one in Bhubaneshwar and the other in Cuttack and the court has sought copies of the receipts as proof of payment from WATCO by next date.

The amicus curiae, Pami Rath, informed the bench of Chief Justice S Muralidhar and Justice Savitri Ratho that two more deaths of sanitation workers occurred in Kandhamal and the court has allowed her to file an application to bring the facts on record. The court was also informed that as per Bhubaneswar Municipal Corporation’s (BMC) affidavit, the two victims in the Bhubaneswar incident were not sanitation workers since they were involved in construction of the sewage tank, and not its cleaning and therefore not covered by the Supreme Court’s order. The amicus curiae contended that this stand is not tenable under The Prohibition Of Employment As Manual Scavengers And Their Rehabilitation Act (PEMSR Act). The court has agreed to consider this argument on the next date, July 6.

Rath also submitted two detailed notes regarding the replies filed by the Opposite Parties which according to her do not address certain key issues and also pertaining to implementation of the provisions of the statutes (SC/ST Act and PEMSR Act) referred in the court’s April 19 order.

Accordingly, the court directed the state government, BMC and Cuttack Municipal Corporation (CMC) to file separate additional affidavits addressing the issues raised in the amicus curiae’s notes.

Background

In April, the court had taken suo moto cognizance of deaths of four sanitation workers; two suffocated to death after entering into a septic tank in Bhubaneswar and two others died in Cuttack while working in sewer lines.

The bench led by the Chief Justice had said, “The shameful practice of making persons belonging to the underprivileged and poorest sections of Indian society undertake the hazardous manual cleaning of sewers and septic tanks continues unabated notwithstanding the enactment of the Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013 (‘PEMSR Act’). It shocks the judicial conscience, as it should the society’s collective conscience.”

The court had issued notice and sought response from the Chief Secretary, Secretaries of housing and urban development and SC-ST welfare departments, commissioners of municipal corporations of the two cities. The bench had also asked the respondents to ensure that by May 10, a compensation of Rs 10 lakh each is disbursed to the family of the deceased workers.

The order may be read here:

Related:

Shocks the judicial conscience: Odisha HC on death of four manual scavengers
Delhi HC raps govt for delay in paying salaries of employees
K’taka HC questions State on steps taken to use modern technology to replace manual scavenging

The post Orissa HC seeks proof of payment of compensation to families of manual scavenging victims appeared first on SabrangIndia.

The Karnataka High Court has questioned the state on what steps have been taken to use modern technology in order to eliminate manual scavenging. While going through a compliance report filed by the state government, the bench of Chief Justice Abhay Oka and S Vishwajith Shetty observed that the government had barely complied with the provisions of the Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013 and thus, asked the state to file a detailed affidavit in that regard.

Survey of insanitary latrines

The court directed the state to constitute State Level Survey Committee and ordered to immediately initiate a survey of insanitary latrines be carried out as per Section 4(1) of the Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013. The court refused to take on record the survey conducted before the law was enacted (before 2013)

The court also asked the state to take a decision on whether health inspectors can continue to act as inspectors under the Act since in many offences, they were found to be the accused themselves. The court also asked the state to explain why no meetings of the State Level Monitoring Committee have been held since after August 2020.

Implementation of schemes

The court took into consideration the schemes available for rehabilitation of manual scavengers but the court questioned the implementation of the same, and directed the state to place before the court material on record showing implementation of the schemes and to devise a comprehensive program for rehabilitation of all manual scavengers as provided in Section 13 of the Act. The court has directed the state to place on record how many persons are the beneficiaries under the schemes set out and in what manner the beneficiaries are made aware of the availability of the schemes.

Suicide case in Maddur

The court also took into cognisance the report submitted by the state with regards to the incident where a man died by suicide as he was forced to do manual scavenging. The court observed that the state had over simplified the incident and stated that the provisions of the said Act of 2013 will not apply. The court held, “It is the duty of the State to ascertain irrespective of the outcome of the police investigation whether the said deceased was compelled to do manual scavenging. Even if it is found that there is a substance in the said allegation, those who are involved in pressurizing him to do manual scavenging should be brought to book.” The court thus directed the state to submit to the court the steps taken in this matter on or before the next date.

In January, a pourakarmika (sweepers/garbage collectors) had died by suicide in Maddur Town Municipality after being allegedly forced to clean a manhole without safety equipment.

Compliance with the law

The court was examining whether the state has complied with the orders issued by the court in December 2020 in a detailed order. But the court found that the government had barely complied with the provisions of the Act and directed the state government to file a detailed affidavit detailing compliance with the December 9, 2020 order as well as the directions of this order. The court also highlighted section 33 of the Act which casts a duty upon local authorities to use appropriate technological appliances for cleaning of sewers, septic tanks and other spaces in order to eliminate manual scavenging; and asked the state government to include in the affidavit the compliance of the same.

The complete order may be read here:

Related:

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

Kerala HC directs Water Authority to compensate families of manual scavengers who died cleaning manhole

Municipal officials look other way while manual scavengers still engaged for work: Madras HC

Consider issuing directions for implementing Manual Scavenging Rules: K’taka HC

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