Manual Scavenging In India

Abstract

The practice of manually eliminating human waste, known as "manual scavenging," is still common in a number of third-world nations, most notably among the Dalit population in India. It began during the Muslim era and spread throughout British colonial control. Despite multiple laws intended to eradicate it, it still exists today. Manual scavengers are vulnerable to harmful gasses and infectious infections, among other health risks. The Protection of Civil Rights Act and the Prohibition of Employment as Manual Scavengers and their Rehabilitation Act are two examples of government initiatives that haven't exactly worked out. Social movements that continue to push for the elimination of this practice and the acknowledgement that it violates fundamental human rights include the Safai Karamachari Andolan.

Introduction

The cruel and dehumanizing activity of manual scavenging has been practiced in many different ways throughout history. While sophisticated sanitary systems and strict labour rules have allowed first-world nations to completely eradicate this practice, it is still prevalent in numerous third-world nations, including some in Asia, Africa, and the Middle East. This is a pervasive issue in India, especially affecting the Dalit group, who have historically been ostracized and compelled to work in this occupation as a result of social and economic inequality.

The act of manually removing human waste from areas far from populated areas using simple instruments like hands, brooms, and baskets is referred to as "manual scavenging." The caste-based division of labour and the presence of dry latrines have both contributed to the continuation of this practice. Diverse viewpoints regarding the genesis of manual scavenging in India emphasize the connection between this custom and institutionalized subjugation. According to historical reports, it started during the Muslim era in India and greatly increased during the British colonial era, when the building of dry latrines and towns required the use of such labour.

The practice of untouchability persists because of poor enforcement and ongoing socioeconomic difficulties, even in the face of multiple legislative initiatives and constitutional provisions designed to outlaw the practice and protect the rights of manual scavengers. The government's attempts to address this issue, albeit with varying degrees of success, are shown in the Protection of Civil Rights Act and the Prohibition of Employment as Manual Scavengers and their Rehabilitation Act .

Manual scavengers endure appalling working circumstances, including exposure to dangerous gases and illnesses including hepatitis A and leptospirosis. Social movements that have played a significant role in promoting the elimination of manual scavenging and the acknowledgement that it violates fundamental human rights include the Safai Karamachari Andolan, which was led by Bezwada Wilson. This introduction lays the groundwork for an in-depth analysis of the causes, difficulties, legal initiatives, and social movements surrounding manual scavenging in India, highlighting the pressing need for workable solutions to this critical issue.

Manual Scavenging origins:

Manual scavenging existed in every country. In contemporary times manual scavenging is eradicated in first-world countries because of their sanitation system and strict labour laws. However, manual scavenging still prevails in third-world countries such as some in Asian, African and Middle Eastern countries. In these countries, a common factor for manual scavengers to do manual scavenging is being poor, but in India, among poor people, Dalits were predominant in doing manual scavenging .

The term ‘manual scavenging’ refers to the practice of manually removing faecal matter with hands, brooms and baskets and dumping it far from the human settlement. There are different perspectives on the beginning and the development of manual scavenging as a profession in India. These perspectives are important to understand the link between manual scavenging and oppression. Manual scavengers usually belong to socially, economically and educationally backward classes. The practice of manual scavenging started due to the presence of dry latrine toilets .

There are different views on the origin of the practice of manual scavenging in India. Malkani Committee says that there were no manual scavenging casts in India as open defecation was a prevalent mode of sanitation, there was no need for manual scavengers until the construction of insanitary latrines. After the construction of insanitary latrines, sweepers entered into the scavenging profession. If we look into the origin of manual scavenging as a profession in India it traces back to the Muslim rule in India, it is because the practice of the Burqa among Muslim women and the consequent need for bucket privies led to the emergence of manual scavenging. According to Takashi Shinoda the origin of manual scavenging is because of the expansion of municipalities under British control which increased the number of dry latrines .

If we see the emergence of a group of castes as scavengers in India, during Mughal rule captives were forced to do manual scavenging and they eventually became scavenging castes, because they were not associated with their original caste even after their release because of the stigma attained to manual scavenging. The stigma of manual scavenging is related to purity and pollution. After the caste was formed the work became hereditary .

Manual Scavenger's perspective towards their profession:

Manual Scavengers treated their practice of manual scavenging as a privilege, it became a custom, women used to transfer their customary rights to their daughter-in-law, and the descendants of scavengers received the rights of scavenging as inheritance. Buddha and Ors. Vs. Balwanta and Ors tell us about their adoration towards their work and economic situation.

In contemporary times, scavengers are not doing sewer cleaning by considering it as a privilege, but they are doing it because of necessity. In an interview with sewer cleaners by The Quint, the interviewee said that he fears doing his work but for money, he doesn’t have any alternative .

The working environment of manual scavengers:

Workers are frequently exposed to gases such as hydrogen sulphide, methane, ammonia, and carbon monoxide. Hydrogen sulphide is a flammable gas that burns with a blue flame, producing sulfur dioxide, a highly irritating gas with a distinctive odor. Mixtures of hydrogen sulphide and air within explosive ranges can result in violent explosions. .

Inhaling a large amount of hydrogen sulphide gas can quickly deplete oxygen levels, leading to suffocation and potentially causing death. Affected individuals may experience seizures and loss of consciousness, possibly resulting in death without regaining consciousness. This is a common hazard for sewer workers who are poisoned by this gas. It is also important to note that sewer gas often contains a mixture of other gases besides hydrogen sulphide. .

Leptospirosis is a significant occupational disease for those who come into contact with animals and their excretions. The occurrence of infection in a workplace is related to the environment to which workers are exposed and the organism's adaptability in that environment. Rodents, which are common in underground sewers, are carriers of Leptospira. Their urine, along with that of other animals in the area, can contaminate sewers. Leptospira are excreted in the urine of infected animals, putting sewer workers at potential risk of leptospirosis. .

Hepatitis A virus is the most common vaccine-preventable disease. Although generally self-limiting, acute hepatitis A is associated with significant illness and economic burden. Some studies have reported higher HAV antibody levels among sewage workers, while others suggest that workers in the solid waste industry may only theoretically face an increased risk of occupationally acquired infectious diseases. Additionally, a systematic review by Glas et al. did not confirm an elevated risk of clinical HA in workers exposed to sewage. .

Government’s policies and manual scavenging in colonial era:

In the era of British rule, the establishment of official roles and positions for manual scavenging at nationally significant institutions helped to institutionalise and formalise this practice among the Dalit community. This framework encompasses the following entities: municipalities, the military, railroads, civil tribunals, and industrial establishments that have hired members of the Valmiki or Mehtar groups for this purpose.

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Laws were enacted related to manual scavenging during the colonial period. The statutory obligation of manual scavengers was established not as a right, but as a duty derived from customary rights, through enacted laws. Local body legislation included provisions that mandated manual scavengers to perform their occupation, with penalties for non-compliance. For example, the United Provinces Municipalities Act of 1916 required that the customary duties be performed properly and at reasonable intervals. Non-compliance would result in a fine of ten rupees for the first offence, with repeat offences leading to the forfeiture of the right . The misconduct and perceived arrogance of manual scavengers were treated as serious offences warranting severe punishment. The harshness of these penalties becomes evident when considering the fine in relation to the average monthly income of manual scavengers, which was around 25-30 rupees .

Government policies and manual scavenging in the post-colonial era:

The framers of the Constitution wanted to remove untouchability at any chance. The Indian constitution includes specific provisions designed to protect the rights of manual scavengers throughout the country. These provisions are found in Article 14 , Article 16 , Article 21 , Article 23 , Article 41 , among others.

Kaka Kalelkar Commission noted the dehumanising conditions faced by sweepers and scavengers. The Malkani Committee, chaired by Professor N.R. Malkani, was established to assess scavenging conditions and to implement strategies to eradicate the practice of scavengers transporting human excreta. The Bhanu Prasad Pandya committee was formed to examine and evaluate the working and service conditions of sweepers and scavengers. Its primary recommendation is to enact comprehensive legislation regulating the working, service, and housing conditions of these individuals.

The constitutional ban on untouchability and manual scavenging was enforced through various legislative measures. It was said that ‘compelling an individual to do manual scavenging is punishable under the Protection of Civil Rights Act . The enactment of Schedule Castes and the Schedule Tribes Act aimed to address systemic violence against Dalits. Even though the initial version of this legislation did not explicitly include manual scavenging as an atrocity, it indirectly addressed the issue by prohibiting all forms of coercive or bonded labour for Scheduled castes and Scheduled tribes.

The employment of manual scavengers and construction of dry latrines , 1993 explicitly made the practice of manual scavenging illegal in India. However, the Parliamentary Standing Committee report in the Prohibition of Employment as Manual Scavengers and Their Rehabilitation Bill, 2012 acknowledged the inadequacy of the 1993 legislation in eliminating manual scavenging and unsanitary latrines nationwide. Such practices are inconsistent with the inherent right to live a life of dignity and integrity, as stipulated in Part III of the Constitution of India.

The Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013 was enacted in response to this situation. The MS Act of 2013 aims to eradicate unhygienic latrines, conduct a comprehensive assessment of manual scavengers, and facilitate their reintegration into alternative occupations. Additionally, the MS Act, 2013 imposes severe penalties, including imprisonment and monetary fines, for violations of its stipulations and guidelines.

Social movements against manual scavenging in India:

One of the social movements against manual scavenging is Safai Karamachari Andolan, this movement started aiming to completely eradicate manual scavenging in India. This movement was started by a person named Bezwada Wilson, he was born in a manual scavenging family. Wilson was declined a job because of his caste, Wilson resented because of the caste oppression that happened against him. Angered by the unfair treatment, he mobilised the people of his caste not to do the customary practice of manual scavenging. The movement against manual scavenging was started in 1993. The members of the movement collected data on dry latrines in different regions. Armed with the data, the members of the Safai Karamachari Andolan protested in front of district magistrate offices and submitted their petitions to the collectors, similar activities were carried out all over the country. When the Government ignored the pleas filed by the members of Safai Karamachari Andolan, the members started to demolish the dry latrines to show their resentment. In 2003 Safai Karamachari Andolan filed a plea against the Supreme Court, asking for the eradication of dry latrines and to recognise that manual scavenging violates the fundamental rights of the people.

Concusion

A sobering reminder of the pervasive social and economic injustices ingrained in India's caste system is still manual scavenging. This cruel practice continues despite decades of legislative attempts, which exposes serious disparities in both public views and enforcement. Manual scavenging's historical origins, which date back to the time of Muslim rule and became further entrenched under British colonial control, highlight Dalits' long-standing marginalisation as people who have been subjected to systematic oppression and forced into this dehumanising profession.

Manual scavengers confront serious health risks, including as exposure to hazardous gases and infectious infections, which exacerbate their predicament and make the activity not just a social and economic problem but also a serious public health concern. Government efforts to address the issue are evident in a number of recent and early constitutional provisions, as well as in acts like the Prohibition of Employment as Manual Scavengers and their Rehabilitation Act . However, these efforts have not been entirely successful because of societal barriers that continue to exist and poor implementation.

The Safai Karamachari Andolan and other social movements have played a significant role in promoting the rights and dignity of manual scavengers. These movements have fought for systemic improvements and drawn considerable attention to the inherent violation of fundamental human rights in this practice. Communities have become more active as a result of the efforts of activists like as Bezwada Wilson, who have brought attention to the critical need for comprehensive rehabilitation programmes and other work options for manual scavengers.

A multipronged strategy is needed to eradicate manual scavenging, including the removal of deeply rooted caste-based discrimination, strong social support networks, massive public awareness campaigns, and strict enforcement of current legislation. India can only expect to end this practice and guarantee a life of equality and dignity for all of its citizens—especially those who have been historically marginalised and oppressed—through a concentrated and persistent effort. Although achieving this aim will take time and effort, it is necessary to create a society that is just and equal.