Safai karamchari | SabrangIndia

Safai Shramik Union raises demands for a law that safeguards rights of sanitation workers: Maharashtra

Sat, 15 Apr 2023 08:16:53 +0000

On March 13, the Safai Shramik Union wrote to MLA Vinod Nikole, CPI(M)), highlighting the lack of legal protection afforded to the Valmiki Samaj, which traditionally indulges in sanitation and cleaning work in our society, and demanded that a new legislation be drafted to establish and protect sanitation workers’ rights. The letter emphasised the ill-treatment of sanitation workers by moneylenders and contractors, who treat the workers like slaves and even use casteist slurs. Workers face threats of termination because they have no job security, even after working for the same people for the last 10-15 years.

A sanitation worker (or sanitary worker) is a person responsible for cleaning, maintaining, operating, or emptying the equipment or technology at any step of the sanitation chain. Presently, labour laws –recently truncated into labour codes—are supposed to, but have been found wanting to address needs of workers in workplaces. For example, it is mandatory for factories to have separate latrines and urinals for men and women under the Factories Act, 1948.

For the worst of the jobs in this sector, manual scavenging, a central law already in place that is meant to protect the rights of manual scavengers who use buckets and brooms to clean human excreta is presently completely ineffective, with the Indian Railways as the greatest violator. This law, the Prohibition of Employment as Manual Scavengers and Their Rehabilitation Act, 2013, ten years down lacks implementation. According to Section 2(g) of the latter Act, the definition of Manual Scavenger was expanded to A detailed look into the jurisprudence governing manual scavenging, researched consistently by Citizens for Justice and Peace, can be accessed here.

Furthermore, this letter of the Safai Shramik Union, drew attention to the lack of support shown by police, who refuse to file complaints or take action, making justice inaccessible. The letter also describes how, despite legal prohibitions, manual scavenging has continued in our country, providing a way for the community to earn money and make ends meet. However, as this work becomes more mechanical, the community is facing an abyss of unemployment. This community is now buried under debt from private moneylenders as it suffers from the taint of unemployment and gross ignorance.

The letter likewise points out the sanitation workers’ inability to advance due to a lack of government and cooperative facilities, as well as a lack of education, job security, and financial support. Considering the aforementioned issues, the workers have demanded a law that includes provisions for providing shelter, education, business, job, and respect to sanitation workers, as well as an employment guarantee, so that unemployment does not rise and the practice of contractual work, which is exploitative in nature, is discontinued. The said letter was signed by Santosh Makwana, President of the union, Kuldeep Kagra, General Secretary, K. Narayan, Executive Officer, Rajendra Kumar Kagra, Treasurer, and Raju Laliram Kangra, President, Mira-Bhayander.

The entire letter may be read here:

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Take strict action against Safai Karamcharis taking law in their own hands: Delhi HC

Wed, 10 Feb 2021 04:14:29 +0000

Delhi High Court has directed Safai Karmacharis of the Municipal Corporations in Delhi, and their unions, not to take law into their hands by causing obstruction in removal of garbage or by strewing it on the streets of the city. It also directed Municipal Corporations and the Police to take strict action against those who indulge in such activities.

The East Delhi Municipal Corporation (EDMC) had filed the petition seeking directions that no obstruction is caused to it employees including safai karamcharis willing to work; that necessary assistance is provided so no inconvenience is caused to the members of the general public; and directions to Safai Karamchari unions to be removed from the area outside the headquarters to ensure smooth ingress and egress.

The background is that Safai Karamcharis were not being paid salaries by the EDMC as their revenue generation was impacted during the pandemic. Due to non-payment of salaries in a timely manner, and for pressing their other demands, the Safai Karamcharis and their unions were carrying out strikes and protests.

The Division bench of Justices Vipin Sanghi and Rekha Palli observed that a batch of writ petitions raising grievances regarding non-payment of salaries to all classes of Municipal employees is pending before this Court, and the court has passed orders as a result of which all Group D employees have been paid their outstanding salaries till December, 2020. Further the EDMC has also placed on record, a certificate to show that the process of disbursal of salaries for the Group D employees for the month of January, 2021 has already been initiated.

The EDMC submitted several photographs showing huge heaps of garbage lying at various locations on the streets falling within the jurisdiction of EDMC. It is alleged that the drivers of the vehicles carrying garbage were waylaid by miscreants, who left the garbage in these vehicles lying strewn on the streets. Further, the Headquarter of the EDMC was gheraoed and the ingress and egress to the said Headquarter was severely obstructed, as a result of which, the functioning of the EDMC itself was impeded.

An advocate appearing for the Municipal Safai Karamcharis stated that an undertaking has been made by them before another Judge of this court assuring that the Safai Karamcharis will be resuming their duties the next day.

The court, albeit, satisfied with this development, observed, “even if the Municipal Safai Karamcharis, or some of them, have any grievance and resort to a legal strike, they are not entitled to take the law into their own hands and create anarchy in the society… Everyone should realise that in a civilised society, such anarchy cannot be permitted to prevail, and it is essential for everyone to maintain the Rule of Law and Public Order”. The court also directed the Police to deal with any such menace created by the miscreants.

“The State should send a stern and clear message to the society at large of their duty to remain within the bounds of law even while agitating their cause, and it cannot fail to enforce the law – lest it leads to breach of peace; loss of life and damage to public and private property, and; conveys the impression that the State is helpless and unable to deal with the situation. Over indulgence and uncalled for patience – when the law and order is being breached; Public and Private property is being damaged and public servants and other citizens are being made to suffer, gives rise to the impression that the State is weak and soft, and emboldens the miscreants – who have no respect for the law, to further breach the law and to take it into their hands. Thus, all such elements should be dealt with befittingly, as and when the situation requires,” states the order.

The court directed Safai Karmacharis of the two respondent unions, as well as all other Safai Karmacharis of the Municipal Corporations in Delhi, and their unions, not to take law into their hands by causing obstruction in removal of garbage or by strewing it on the streets of the city. The court further directed Municipal Corporations to take strict disciplinary action against any Safai Karmachari, found to be indulging in such activities.

The court directed the President and Secretary of the Safai Karamcharis Unions to personally remain present at the next hearing, on March 4.

The complete order may be read here.

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How Many Deaths Will It Take Till We Know That Too Many People Have Died

Wed, 19 Sep 2018 05:09:51 +0000

The spiral of sewer deaths continues. A week after 5 young men died after entering a sewage tank, one more sanitation worker has lost his life in Delhi

A day after Prime Minister Narendra Modi picked up a broom and launched the ‘Swachhata Hi Sewa’ campaign, the national capital witnessed the death of yet another sanitation worker on Sunday, who fell into the sewer of a building in Dwarka’s Dabri area. Anil (27) suffocated to death, according to preliminary reports.

This incident follows a week after five men died after entering a sewage treatment plant in Moti Nagar, Delhi, and three more lost their lives in neighbouring Ghaziabad after having inhaled toxic fumes in a water tank in July. In yet another instance reported from Chhattisgarh, five people suffocated to death inside a septic tank in the Jashpur district over the weekend.

The series of deaths do not seem to stop, owing to the brazen flouting of basic safety norms as well as widespread exploitation of workers. The caste stigma intertwined with poverty is glaringly evident across these incidents as a majority of the dead belong to the lower castes. The documents accessed by the Safai Karamchari Andolan (SKA) in Anil’s case show that he decided to take the plunge into the 20-feet-deep tank, as he had already taken money from the contractor he had no choice but to enter the tank.

Speaking to Newsclick, Bezwada Wilson of the SKA said, “There is a need to shake up people who are oblivious to the open flouting of norms that takes place.” The SKA is currently organising marches across the city in multiple areas to create awareness on this issue. The pattern of the deaths has also been criticised by the Mazdoor Kisan Shakti Sangathan (MKSS). In a statement, the organisation highlighted that such instances point to the continuing blight and shame, and are an indictment of the Indian government.

One Death Every 5 Days
The gross under-representation of these deaths becomes clear with the latest data compiled by The Indian Express. The data suggests that the frequency of such incidents is one manual scavenging death in every five days. Compiled by using newspaper reports and limited state records, the report shows that 109 districts could identify only 62 manual scavengers. The Indian Express had sent its survey to over 170 districts; only 109 filed their response. The numbers mentioned in the report were collated by the National Commission for Safai Karamcharis (NCSK), the statutory body that was set up by an Act of Parliament for the welfare of sanitation workers.

Earlier, the records of NCSK had shown that 123 people had lost their lives since January 2017. Officials involved in the exercise admit, however, that even this number could be a gross under-estimation, considering the lack of data, as out of 28, only 13 Indian states have filed their records. Wilson added, “The data is extremely under-represented, the truth of the extent of the problem cannot be made out currently.”

Under the Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, an amendment to the law in 2003 brought cleaning of septic and sewage tanks under its purview. Section 7 of the law prohibits local authorities or agencies from employing a worker to clean sewers and septic tank. Despite these provisions, the situation on the ground remains dire. Newsclick had previously reported on problems with the collation of this data, when the Delhi government had found only 32 manual scavengers in its survey in August this year. In a previous attempt in June this year, it was reported that more than 53,000 manual scavengers are employed in 12 states, including Uttar Pradesh, Maharashtra, Rajasthan and Haryana.

As the data collation exercises pick-up pace, the fight to change the realities of the workers on the ground is finding renewed voice, with a major protest march scheduled on September 25 in Delhi.

Courtesy: Newsclick.in

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Traders Move HC on Manual Scavenger Death: Bombay HC

Fri, 01 Sep 2017 06:21:22 +0000

In a welcome move, a traders body has today filed a PIL on behalf of Federation Of Retail Traders Welfare Association against the State of Maharashtra, UDD, CS, Maharashtra, MCGM, MC, MCGM, Chief Engineer, Sewage Operation Department, Chief Engineer, Storm Water Drain and Commissioner of Police, Mumbai with respect to the tragic death of Dr. Deepak Amarapurkar, who fell in an open and uncovered manhole on 29th August 2017. Viren Shah, an old BJP hand is the petitioner.

Image: Getty Images

The PIL prays for registration of offence u/s 304-A of IPC which deals with Death on account of Negligence, have asked for a compensation of Rs.50 lakhs to be paid by MCGM to a Charitable Institute/NGO for the death.

The petition also urges the formation of an Advisory Committee of Ex-Bureaucrats and Technocrats to give suggestions in operating manholes, directing the government to fix accountability of the incident of the concerned Officer of MCGM.

The PIL will be mentioned tomorrow before the chief justice and Justice J. Jamdar by Mr. Sujay Kantawala and Mr. Ashish Mehta.

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Caste inspite of technology will perpetuate manual scavenging

Thu, 31 Aug 2017 07:26:02 +0000

“It’s struggle, struggle and struggle till we are recognised as human beings”.

Interview with Bezwada Wilson
Interviewed by P.G. Ambedkar

Bezwada Wilson speaks to Newsclick on the Delhi Government’s plan to completely mechanise sewer cleaning in the capital city. He says it was Safai Karmachari Andolan’s intervention to involve scientists from Hindustan Aeronautical Limited (HAL) to help prevent the deaths of sanitation workers in sewers. It is not the PMOs initiative as they claim it.

Courtesy: Newsclick.in

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Killing Fields of Delhi: 10 Sanitation Workers Die in 5 Week

Wed, 23 Aug 2017 10:23:32 +0000

Sewers in Delhi have become killing fields for Safai Karamcharis.

Never mind that the law bans the entry of workers into manholes – except in cases of emergency, and not without proper safety gear.

Ten sanitation workers died inside sewers in a span of five weeks, from July 15 to August 20. One died at Lok Nayak Hospital, two at Funcity Mall, three at Lajpat Nagar, and four at Ghitorni – all while clearing manholes.

The latest victim of the sewers is Rishi Pal, father of three. Rishi and three other workers –Sumit, Bishan and Kiran – were called to clean the sewers at Lok Nayak Jai Prakash Hospital on August 20, Sunday. They were sent inside the manhole without any safety gear.

A hospital, supposed to meticulously follow safety procedures, is careless and callous when it comes to providing basic necessary gear to protect workers.

Courtesy: Newsclick.in

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One more Sewer Death, Another Sanitation Worker dies cleaning Delhi drains; 10th death in 35 days: TOI

Mon, 21 Aug 2017 08:25:35 +0000

The Times of India has reported that sanitation worker Rishi Pal, 50, was the 10th victim of dangerous city drains as he tried to perform his job while cleaning the sewers. This is the tenth death in the past 35 days after he, along with three coworkers, entered a toxic gasfilled PWD sewer line in central Delhi’s Lok Nayak hospital on the afternoon of Sunday without any safety equipment. In a grim repeat of three such incidents since July 16 claiming nine lives, the labourers followed each other into the clogged, 15-foot-deep line after the previous person had stopped responding. Witnesses said Pal was the first to go inside the tank and was knocked unconscious within a few seconds. Two others are battling for life after being rescued in the nick of time.

Image: BBC

According to the police, two sewage lines near Gate 2 of the hospital were clogged and a private contractor had been asked to clear it. PWD has ordered an enquiry into the incident. Police said they received a PCR call from a hospital staffer at 1pm, soon after which teams were rushed to the site. Cops found that labourers were working without any safety equipment.

Cases under culpable homicide not amounting to murder (section 304) and attempt to commit culpable homicide (308) under IPC has been registered against the contractor, who is on the run. Teams have been formed to nab him, said Mandeep Singh Randhawa, deputy commissioner of police (central).

While ordering an PWD inquiry will take its course, the question is: whether officials in allowing the workers to enter the drain without any protective gear committed an offence ?

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Where is the Outrage when 39 Indians die in 100 days while cleaning sewers?

Mon, 17 Jul 2017 09:35:45 +0000

Bezwada Wilson: "Nobody takes responsibility for the deaths in sewers," sighed activist Bezwada Wilson on hearing of the deaths of four men while cleaning a tank in Vasant Kunj on Saturday.

These deaths are 'political murder', says Wilson, adding that despite his repeated petitions to the lieutenant governor and chief minister of Delhi and the National Human Rights Commission, even the Prime Minister, on the problem, the reactions were nil or lukewarm.

Wilson, a Magsaysay award winner is one of the founders and national convenor of Safai Karmachari Andolan, provides a startling statistic. He pointed out that in the past 100 days, 39 people had died across India while cleaning sewers. "This is not the first incident of the kind, just a part of regular occurrences," he told TOI. "Now Delhi government won't do anything claiming the matter falls under the LG's office. The PM too speaks on all issues but not on this."

Wilson also alleged that despite providing documents on 56 men who had died in this manner, the authorities had not identified them, so there was no question of their families getting any compensation.

"Who will take action under the Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013, which prohibits anyone from allowing a human to go into a sewer?," the irked Wilson asked. "The administration will simply claim that since 2013, nobody is entering sewers and cleaning has been mechanised. But the truth is not a single sewer in the country is cleared using mechanisation."

Bemoaning the fact that there is much talk about smart cities and bullet trains, Wilson contrasts this with double standards of Indians who never speak of smart sanitation "If 39 deaths in 100 days don't matter to the country, then this is one of the biggest challenges for our democracy," he declared.

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In Mumbai, Kanhaiya Kumar and Dalit leader Jignesh Mevani give a boost to sanitation workers’ rally

Sat, 07 Jan 2017 06:18:38 +0000

Safai karamcharis in Maharashtra have not been paid minimum wages for nearly two years, and are demanding an end to the contract system.

As a sanitation worker employed on contract to clean drains in Mumbai, Shivaji Bhadekar is entitled to a monthly minimum wage of Rs 14,000. But he has never been paid more than Rs 7,000 a month for the past two years, despite attending numerous union rallies to demand minimum wages for safai karamcharis (sanitation workers).

But on Friday afternoon, at a protest rally of more than 2,000 sweepers, garbage collectors, sewer cleaners and dumping ground workers at Mumbai’s Azad Maidan, Bhadekar felt more upbeat and hopeful than ever. “Seeing the atmosphere this time, I am 100% confident that our demands will finally be met,” he said.

The special atmosphere in Friday’s rally was largely due to the presence of young leaders Kanhaiya Kumar and Jignesh Mevani as chief guests at the union rally. Kumar, former president of Jawaharlal Nehru University Students’ Union, shot to national fame last year after the Delhi police briefly arrested him for alleged anti-national sloganeering. Mevani, meanwhile, has emerged as one of the main leaders of the Dalit agitation in Gujarat after four Dalit leather tanners were assaulted by cow protection vigilantes in July 2016.

More than 2,000 safai karamcharis from across Mumbai and parts of Maharashtra attended the rally on Friday. Photo: Aarefa Johari

The two leaders attended the rally to give a boost to a long-standing protest by Maharashtra’s safai karamcharis, who have not been paid minimum wages for the past 22 months. Protesters also demanded an end to the contract labour system in sanitation work.

“We have been crying ourselves hoarse about these demands in so many protests and rallies, but our voices are never usually heard,” said Vijay Dalvi, a union leader speaking at the rally. “This time, with Kanhaiya Kumar and Jignesh Mevani here, even the media has come to cover us.”

Seeking justice

According to the Kachra Vahtuk Shramik Sangh, which organised Friday’s rally, there are at least 6,500 sanitation workers in Mumbai, and more than 35,000 across Maharashtra. The vast majority of these workers are not directly employed by municipal bodies, but hired as temporary contract labour by private companies.

Contractors routinely deny safai karamcharis their most basic rights, including timely minimum wages, paid leave, medical expenses, protective masks, gloves, boots and other gear. Since the Industrial Disputes Act of 1947 allows all contract workers the right to demand permanent jobs after 240 days of service, contractors are also known to employ devious tricks – like offering only 210-day contracts – to circumvent the law.

In February 2015, the Maharashtra government announced that municipal workers would get Rs 14,000 as monthly minimum wages. However, most contract workers who keep municipal areas clean have been paid a mere Rs 7,000 or Rs 9,000 a month for the past 22 months. “The arrears of the minimum wages of the last 22 months in Mumbai are Rs 110,000 per worker,” said Milind Ranade, a leader of the Kachra Vahtuk Shramik Sangh. Meanwhile, the Thane and Nashik Municipal Corporations owe workers Rs 121,000 each as arrears, the Satara civic body owes Rs 198,000 and the Navi Mumbai Municipal Corporation owes workers Rs 83,600.

If municipal bodies are also made to pay workers the fine levied for not paying minimum wages, every worker in Mumbai would be entitled to arrears worth Rs 11 lakh for the past 22 years.

Speeches by the stars

At the rally, Kanhaiya Kumar was introduced to the protesters as the leader for whom Mumbai’s safai karamcharis had collected Rs 10,000 last year, so that he could pay the fine imposed on him by JNU after he was released from jail. Kumar led the crowds in chanting his popular “Azadi” slogans, and began his speech with some Marathi.

Kanhaiya Kumar and Jignesh Mevani were media magnets at the rally.

“You are all aware that the contractors who employ you are the ones pocketing your minimum wages,” said Kumar. “But you have the power not only to clean the garbage of this city, but also the garbage in the minds of the politicians who ask for your votes.”

Mevani, who is leading a similar agitation of sanitation workers in Gujarat, used his speech to tear into the Bharatiya Janata Party government’s Swachh Bharat Abhiyan. “When Swachh Bharat was launched, the prime minister and big Bollywood stars posed for photos in which they pretended to sweep roads,” said Mevani, who went on to ask workers to stay firm in their demand for minimum wages, even if they had to strike work. “Don’t worry about garbage accumulating on the roads, because if that happens, all those Bollywood stars will be inspired by Swachh Bharat and clean it themselves.”

Posters mocking the central government's Swachh Bharat Abhiyan at the rally.

Equal pay for equal work

Besides demanding minimum wages and arrears, sanitation workers at the rally also demanded an implementation of the October 2016 Supreme Court judgement allowing temporary contract workers to receive equal pay for equal work. This would mean that contracted safai karamcharis would be entitled to the same monthly wage of Rs 24,000 as their counterparts employed by Mumbai’s municipal corporation.

More than just equal pay as temporary workers, however, the workers’ union demanded an end to the contract labour system altogether, and permanent jobs for safai karamcharis directly with municipal bodies.

“The contractors don’t treat us as humans, and offer no support at all in cases of accidents, which happen quite frequently when we work in the gutters,” said Sachin Goru, a drainage worker in central Mumbai who suffered a rib fracture when he accidentally fell inside a gutter while on the job two years ago. Because the injury has not healed fully, Goru can now only work short half shifts. “The contractor has now reduced my wages by half, but till today, I haven’t received any money for my many medical expenses.”

Drainage workers like Shivaji Bhadekar and Sachin Goru wore black bands over their mouths to protest their silenced voices.

Mangesh Kamble, another drainage worker, claimed that many contractors do not even keep official records or time logs of sanitation workers’ hours. “This allows contractors to claim in labour courts that we were not working with them at all, or that we were employed as labour in their private shops, not for sanitation work,” said Kamble. “For a while, my contractor has also not been giving payment slips for the salary, and it turned out that the PF [Provident Fund] documents they gave us were fraudulent.”

Through the rally, the workers’ union hoped to get a meeting directly with Chief Minister Devendra Fadnavis, to put forth their demands. However, the union has now been granted a meeting with the state’s chief secretary on January 10.

Courtesy: Scroll.in

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