Latest news with #ProhibitionofEmploymentasManualScavengersandTheirRehabilitationAct
New Indian Express
07-08-2025
- Politics
- New Indian Express
India's 'dignity of individual' promise exposed by reality of manual scavenging
More than a decade after India formally outlawed manual scavenging, this inhuman practice continues to haunt the margins of society, even as the government remains in denial. In a written response to a Lok Sabha question on 29 July this year, the Ministry of Social Justice and Empowerment reiterated that manual scavenging remains prohibited under the Prohibition of Employment as Manual Scavengers and Their Rehabilitation Act, 2013, and stated that the government has not received any reports from states or Union territories indicating that the practice continues. Replying to a question, Minister of State Ramdas Athawale claimed that no deaths due to manual scavenging—defined narrowly as the manual removal of human excreta from insanitary latrines—had been reported in the last five years. This assertion is likely to draw criticism from civil society groups and independent fact-finding missions, which have consistently documented fatal incidents during sewer and septic tank cleaning operations. The government's response also denied any caste-based linkage to the occupation, claiming that manual scavenging is 'occupation-based rather than caste-based.' It further stated that caste-wise data on identified manual scavengers is not maintained. This contradicts field studies and historical accounts, which have repeatedly shown a disproportionately high representation of Scheduled Castes—particularly the Valmiki community—among those forced into this degrading work. Activists highlight a troubling gap in government data: while fatalities during sewer cleaning are often acknowledged by the National Commission for Safai Karamcharis (NCSK) and reported in the media, the government's narrow definition of "manual scavenging" excludes these deaths, thereby underreporting the human toll. Legal experts argue that the 2013 Act prohibits not only dry latrine cleaning but also the manual handling of human waste in drains, sewers, and septic tanks—practices that remain commonplace in many states. The Centre's reply raises more questions than it answers. With no official reports of continued practice or fatalities, yet overwhelming anecdotal and journalistic evidence to the contrary, the government's stance appears alarmingly detached from ground realities. Until robust data collection, caste-sensitive rehabilitation, and the mechanisation of sanitation work become institutional priorities, India's pledge to eradicate manual scavenging will remain unfulfilled. The minister's statement also contradicts data available on the NCSK website, which shows that 1,313 sewer and septic tank deaths were reported between 1993 and 2025 (up to June 30). This includes 63 sanitation worker deaths in 2023 and another 52 in 2024. In a separate Parliamentary response on 31 July 2024, the same minister reported that 58,098 manual scavengers had been identified across the country. Under the NAMASTE scheme, 84,902 sewer and septic tank workers have been identified across 36 states and Union territories. A recent social audit commissioned by the Union government into hazardous sewer and septic tank cleaning revealed that over 90% of workers who died while cleaning sewers did not have any safety gear or Personal Protective Equipment (PPE). The study, commissioned in September 2023 by the Social Justice Ministry, examined the circumstances surrounding 54 such deaths across 17 districts in eight states and Union territories in 2022 and 2023. Government data shows that 150 people died due to hazardous cleaning operations during this period. The audit's findings were tabled in Parliament on 22 July 2025. The Fiefdoms of Shit Unseen: The Truth about India's Manual Scavengers (2014) by Bhasha Singh powerfully documents the plight of those coerced into this dehumanizing work for centuries. It portrays how this practice has shackled an entire community in such deep insecurity that many among them do not even realize that their work is a manifestation of entrenched feudal oppression. In Singh's account, a mother-in-law feels proud to gift a scavenging basket and broom to her newly wedded daughter-in-law, as part of a toxic legacy. 'The predicament of these people,' writes Bezwada Wilson in the book's introduction 'is the result of a conspiracy to keep them subjugated for generations so that they don't question the injustice of their exploitation. And it is the caste system which has designed this conspiracy, ensuring the continued oppression of manual scavengers. The society believes that the manual scavenging community is responsible for their shit—and the scavengers themselves feel that only they are responsible for others' shit!' Singh exposes the ruthless mechanics of caste subjugation. In Madhya Pradesh, for instance, women engaged in manual scavenging are still called jagirdars, a now-defunct Mughal feudal title. Their jagir consists of the households from which they must collect human waste. This grotesque irony—where a title of high privilege is used to mask degrading servitude—highlights the systematic manner in which a whole community has been imprisoned in this hellish occupation. Historical records even show instances of these jagirs being mortgaged and sold, revealing how deeply institutionalized and commercialized the oppression has been. In this context, the government's claim that 'manual scavenging is occupation-based rather than caste-based'—coming from a minister representing a party conceived by Dr. B.R. Ambedkar—is not just erroneous but cruel. The government may wish to sweep the issue under the carpet, but this is a gorilla in the room too large to hide. The Broken Promise of Dignity Aharon Barak, the eminent Israeli jurist, observed in Human Dignity: The Constitutional Value and the Constitutional Right (2015) that human dignity is the foundation of all human rights, forming the central argument for their very existence. After World War II, constitutional and international legal frameworks began adopting the concept of dignity, recognizing it both as a constitutional value and a fundamental right. The modern understanding of dignity owes much to Immanuel Kant, who in Critique of Practical Reason, insisted that human beings must be treated as ends in themselves, not merely as means. Ethics, Kant argued, entails duties to oneself—such as cultivating one's talents—and to others, by contributing to their well-being. This capacity for moral agency is the essence of dignity. Professor Upendra Baxi offered a powerful redefinition of dignity as empowerment, comprising three essential elements: respect for one's capacity to make free choices, respect for the choices made, and respect for the contexts in which those choices are exercised. The Indian Supreme Court has repeatedly affirmed that the right to life under Article 21 of the Constitution includes the right to live with dignity. And yet, when an entire community is forced to clean human excreta for generations, every pillar of that dignity collapses. The Preambular promise of 'dignity of the individual' remains a farce for India's manual scavengers. In The Phenomenology of Spirit, Hegel asserted that human history is driven by the struggle for recognition of human dignity. The struggle of manual scavengers is precisely that—a pursuit of personhood, of being seen as human. Manual scavenging is a direct and degrading consequence of untouchability, functioning as its most brutal, caste-entrenched form. Yet, while Article 17 constitutionally proscribes untouchability, it does not explicitly name or prohibit manual scavenging. This creates a normative and symbolic gap in our constitutional commitment to dignity, equality, and fraternity. Abolition of manual scavenging must be inserted in Article 17. It will give constitutional clarity and recognition to the abhorrence of this practice, elevate the offence of engaging or compelling manual scavenging to a constitutional wrong, not merely a statutory violation, and strengthen the legal and moral mandate of the state to prosecute violators and rehabilitate victims. It is time the Indian state stops building Potemkin villages to mask the misery of manual scavengers. Instead, it must eradicate this dehumanizing practice, provide effective rehabilitation, and offer reparations for the historic injustice inflicted on this community across generations. (The author is Deputy Law Secretary to the Government of Kerala and author of The Supreme Codex: A Citizen's Anxieties and Aspirations on the Indian Constitution.)
NDTV
03-06-2025
- General
- NDTV
Delhi Public Works Department Posts Pictures Of Workers Entering Drain. Then Deletes
Armed with just a shovel, a group of labourers, with no protective gear of gloves, entered the sewers in Delhi's Rohini, in violation of the Supreme Court order. The images were posted on X by the Public Works Department (PWD), saying desilting work is underway. A backlash followed. Soon after, the post was deleted. Ahead of the monsoon, the PWD is clearing drains and removing obstructions from roads across Delhi to prevent waterlogging. The disturbing images, of labourers surrounded by filth, allowed the opposition to target the government. Despite Supreme Court directives and existing laws, manual scavenging continues in various parts of the country. The court has repeatedly stressed the importance of ensuring worker safety and prohibiting manual handling of waste. "The BJP government has always exploited Dalits and the poor. Look at how manual scavenging is being carried out. Legal action should be taken against this," Delhi AAP president Saurabh Bharadwaj posted. Soon after, the PWD deleted the post. When NDTV questioned Chief Minister Rekha Gupta as to why manual scavenging was still taking place in Delhi despite Supreme Court directives, she said, "The government is preparing for the monsoon. In some areas, it's not possible to use machines, so labourers have been deployed. However, the Delhi government is working in accordance with court orders." A worker recently died while cleaning a drain linked to the Delhi Jal Board. According to Government of India data, 377 people died during drain cleaning between 2019 and 2023. In Delhi alone, 72 deaths occurred during cleaning activities between 2013 and 2024, as per the National Commission for Safai Karamchari. What was the Supreme Court's ruling? In a landmark 2014 ruling, the Supreme Court issued a series of directives to stop manual cleaning of waste and sewage. The court declared that no labourer should be made to clean dangerous sewers. Workers should not be sent into sewer lines without proper safety equipment, it said. The law provides for strict punishment against violators. The court instructed all states and union territories to implement the 2013 law aimed at ending the practice of manual scavenging and ensuring rehabilitation for the victims. While the case was pending in the Supreme Court, the central government enacted the Prohibition of Employment as Manual Scavengers and Their Rehabilitation Act, 2013. The petitioners demanded protection of their right to life and equality.
The Hindu
28-05-2025
- The Hindu
Woman seeks compensation for husband's death
The Madurai Bench of the Madras High Court on Wednesday sought response of the State government and the Southern Railway to a petition filed by a woman from Sivaganga district who sought appropriate compensation for the death of her husband. Justice L. Victoria Gowri, who was hearing the petition filed by B. Pathampriyal of Ilayangudi North, sought a counter affidavit from the authorities. The petitioner, who belongs to a Scheduled Caste, said her husband Balu was engaged in construction work and was cleaning a septic tank, along with his friend Muniyaswamy, also from Ilayangudi North, at a newly constructed railway building in Rameswaram. The petitioner alleged that they were not provided with safety equipment while cleaning the septic tank. On November 16, 2024, her husband and his friend left for work as usual. Around 2 p.m. on that day, she received a phone call from Muniyaswamy who told her that when he and her husband were cleaning the septic tank, her husband fell unconscious and was taken to Rameswaram Government Hospital. The doctors declared him brought dead. The petitioner said she immediately rushed to the hospital and, subsequently, lodged a complaint with Rameswaram police. Though an FIR was registered, there was no progress in the case. She said the death of her husband was due to the carelessness of railway authorities, who had forced the workers to clean the septic tank without safety equipment. The petitioner sought a direction to the State and the Southern Railway to provide appropriate compensation to her family as per the Prohibition of Employment as Manual Scavengers and Their Rehabilitation Act, 2013, and take appropriate action against the officials who were responsible for the death of her husband. The court posted the matter for hearing to June 3.
Hindustan Times
14-05-2025
- Health
- Hindustan Times
In a first, Delhi's manual scavengers to receive PPE kits ahead of monsoon season
New Delhi, For the first time, nearly 4,000 manual scavengers in Delhi will be provided with Personal Protective Equipment kits ahead of the monsoon season. The kits will include 42 safety items such as helmets with lights, gas protection masks, gumboots, protective clothing, gloves, and barrier creams designed to protect against hazardous gases and skin irritants. The initiative is part of the Centre's 'Namaste' scheme launched in 2023-24 to ensure secure working conditions, financial assistance, and social security benefits for sanitation workers, especially those engaged in cleaning sewers and septic tanks. Delhi Social Welfare Minister Ravinder Indraj Singh told PTI that around 4,000 scavengers will get PPE kits before the rains begin. He also directed officials to ensure that all manual scavengers are enrolled under the Ayushman Bharat health insurance scheme. In addition, departments have been instructed to expedite training and rehabilitation efforts for those involved in manual sewer cleaning and to establish adequate Emergency Response Sanitation Units, Singh said. All district magistrates have been ordered to resolve pending compensation cases related to sewer and septic tank deaths in a time-bound manner, he added. "The safety of every sanitation worker is our priority. They must have access to PPE kits and health insurance before the monsoon," the minister said. Social activist Bezwada Wilson, founder of the Safai Karamchari Andolan, said while PPE kits can help reduce health risks, they do not fully eliminate the dangers faced by manual scavengers. "This step is welcome, but it still does not prevent the deaths of manual scavengers," said Wilson. Wilson also pointed out that the initiative raises concerns under the Prohibition of Employment as Manual Scavengers and Their Rehabilitation Act, 2013, which officially banned manual scavenging in India. "Instead of sending humans into toxic manholes, the government should focus on introducing machines to clean them," he added. Wilson also shared data on the deaths of manual scavengers, stating that around 102 died in 2023, 116 in 2024, and 30 have died in 2025 so far. In Delhi alone, four workers have died this year, he said.
Time of India
27-04-2025
- Time of India
Andhra Pradesh high court orders payout of 30L for scavenging deaths since 1993
Vijayawada: In a landmark ruling, the Andhra Pradesh high court has directed the state government to pay compensation of ₹30 lakh and ensure full rehabilitation for the families of sanitation workers who died while cleaning sewage drains and engaging in manual scavenging since 1993. The order aligns with the guidelines issued earlier by the Supreme Court of India. A bench comprising Justice Dheeraj Singh Thakur and Justice Cheemalapati Ravi issued the order while hearing a Public Interest Litigation (PIL) filed by Tutika Daalaiah, founder of the Com George Fernandes Memorial Socialist International. The case concerned the death of M Manikyala Rao, a contract sanitation worker with the Vijayawada Municipal Corporation, who died after falling into a manhole during cleaning work. Although the corporation classified the incident as an accident and paid ₹10 lakh compensation, the high court ordered an additional ₹20 lakh to be paid to Rao's wife within a month. The court further directed that Rao's wife, who was offered an outsourcing job, must be provided with job security, skill development training, and educational support for her children as part of a complete rehabilitation package. Importantly, the court clarified that the ₹30 lakh compensation and rehabilitation measures would apply to all sanitation workers who died during manual scavenging duties since 1993. The commissioner of municipal administration has been instructed to collect data from municipal corporations, municipalities, local bodies, and labour unions across the state. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like Free P2,000 GCash eGift UnionBank Credit Card Apply Now Undo The court also ruled that officials responsible for such deaths must have adverse entries recorded in their service records, affecting their chances for promotion. In cases involving contract workers, the court directed that compensation be recovered from the contractors concerned. The bench strongly noted the continued violation of the Prohibition of Employment as Manual Scavengers and Their Rehabilitation Act, 2013, particularly by the VMC. Advocate Padiri Ravi Teja, representing the petitioner, highlighted that around 250 manual scavengers are still employed under the corporation. The court adjourned the next hearing to July 16 to examine pending complaints, including an incident from 2022 where 20 sanitation workers were seen manually cleaning drains near the Lemon Tree Hotel without any action being taken against the officials responsible.
