Author: Priyanshi Bansal, Meerut College
To the Point
Social Change is a way whereby human interactions and communications modify the social and political institution over a period of time, thereby impacting the society at large. The world around us is developing day- by- day and we are keen to upgrade with the developing technologies and artificial intelligence. However, this is not turning beneficial to marginalized sections of society. Manual Scavengers are one of those sections of the vulnerable society who suffers at the ground level. These manhole cleaners are the subaltern group in this technologically advanced society. Thus, the article focuses on studying and analysing the problems and impact of manhole cleaning like activities on the workers and their kin. The study throws some light on the society that is modernized and urbanized but still lacks the change in behavior. The govt policies are drafted and enacted yet the physical and mental suffering is heart- wrenching.
Abstract
Manual Scavenging is the heinous form of activity that is imposed as an occupation upon a certain section of the society. Manual Scavengers are the real victims of this prolonged caste- based activity that involves the menial tasks of sweeping, cleaning, disposal of dead animals, leather works, and so on, which are thereby deemed to be polluting and filthy. These practices were followed in the initial stage of the historical chapters but with the change of time these practices have exaggerated to the cleaning of Dry Latrines, Sewages, Drainages, Man holes, cleaning of graveyard, and not only these but it has also extended to the cleaning of septic tanks of chemical industries. Therefore, to eliminate the disgraceful activity from the Indian society the founding fathers of the Indian Constitution inculcated the fundamental principles so that the development and growth of the marginalized people can be of utmost importance.
Since the day of independence, the govt has enacted drafts and framed policies for the eradication of the manual cleaning and promoting the use of technologically advanced tools. However, this form of human trafficking has not been annihilated. It looks at how the lack of vigilance for the implementation of laws and government schemes failed to suppress this ‘Traditional Occupation’ which is chained not only to the caste system but also their class. Accordingly, the article aims to provide a comprehensive guidance for the rigorous check and balance approach of the legislative, executive and judiciary to bring the innovative advancement and change to be accepted by the society. Moreover, the article suggests the mechanical learning of techniques and use of AI tools to extirpate trafficking.
Use of Legal Jargon
Dr. B.R. Ambedkar marvelously pointed out that, “In India, a man is not a scavenger because of his work. He is a scavenger because of his birth irrespective of the question whether he does scavenging or not.” This connotation thereby urges the traditional mindset of the society. Therefore, legislative efforts are taken for the elimination of this age-old practice so that through the legislative implementation the social behavior can be changed. The SC/ST (Prevention of Atrocities) Act, 1989 is a penal statute that briefly defined the term ‘manual scavengers’. In furtherance to this legislation, the govt effectuated the new legislation as Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition) Act, 1993 that focused on the construction of ‘individual sanitary latrines’ for the selected houses below poverty line. However, the Act lacked to pay any heed to the elimination of manual scavenging. Henceforth, after the exhaustive study of the lacunas, Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013 was enacted. The Act was enforced to ban the employment of manual scavengers, exhaustively. This Act broadened the term ‘Manual Scavenger’ and added definitions related to ‘hazardous cleaning’, ‘insanitary latrine’ under Section 2 (1) (g), (d), (e), respectively. The Act constitutes the monitory machinery from bottom to top level. It also discussed the detailed role of Vigilance Committees. Nonetheless, the Act concluded with Chapter- VIII that dealt with the use of Modern technologies for cleaning of sewers and septic tanks. Thus, the present legislative scenario represents the optimistic efforts for the elimination of inhumane activity from Indian society. However, the issue lies in the implementation of these legislative efforts at the ground level. These challenges can indeed be thrashed out by evolving the societal mind- set and functioning of the committees.
The Proof
In the Indian democratic political system, the judiciary has carved out a special space for itself because it has always kept its eagle eyes open. Judicial activism is the most conceivable pillar for the progress of any law and related schemes. So it is followed for the protection of scavengers’ rights. The recent case of Dr. Balram singh v UOI (2023), the Hon’ble SC on 24th February 2025, discussed about the present scenario of manual scavenging in India and obligated the govt to take the serious actions to make sure that this downtrodden practice is completely eradicated from the Indian society. The arguments in this amicus curiae case present that out of 775 districts, 456 districts are free from manual scavenging. However, the appellants also pointed out the differences between the survey reports. The commissions have failed to make proper and efficient data about the number of people that are engaged in this ‘unclean occupation’. They also pointed out the non- functional nature of the committees that are to be appointed at the different levels. The Hon’ble bench, nonetheless, took the anguish approach towards the union govt to ensure that fraternity, equality and dignity do not remain a mere illusion in the sizeable section of society. The court in a plethora of cases noted that this inhumane occupation had a more fatal result when the workers died of asphyxia. Therefore, if fundamental rights of any citizen are infringed then liability of the state and its instrumentalities needs to be rigorous.
Despite the strict instructions and recommendations by the Hon’ble SC, the nation is recently reported with ample cases that involved the homicide by the govt, contractors, corporate and business class, civilians and others related people. In one of the cases reported by Indian Express on 18th March 2025, a sewer cleaner lost his life in Delhi’s New Friends Colony. This has also dragged child labour within its horizon when a case was reported in April 2025 from Fatehpur, Sikar district, where two workers (one was just 13 years old) died while cleaning a blocked sewage line. This piteous homicide demands the hands of justice and not mourning. Furthermore, industrial cases are more horrific. Plethora of cases was reported from various districts of Rajasthan in the month of May 2025. One of the instances was reported that while cleaning a septic tank of a woolen garment mill 3 workers died on 22nd May 2025 in Bikaner. Later, another case was turned up about the death of 4 cleaners inside a septic tank of a jewel factory located in Jaipur (capital of Rajasthan) on 27th May 2025. This is just a sight of position that has been observed nationwide despite the implementation of the Prohibition of Employment as Manual Scavenger and their Rehabilitation Act, 2013 and rigorous guidelines of Hon’ble SC.
Case Laws
1. Dr. Balram Singh v UOI & Ors. (2023)
The case was filed by CLPR in the form of PIL concerning the implementation of the laws related to Manual Scavenging. The petitioners requested a constructive discussion for the definition of ‘manual scavenging’. Secondly, they stated that there was a ‘legislative vacuum’ in respect to the rehabilitation of these workers. Thirdly, the issue was raised regarding the working of CMC and discrepancies in the submission of reports. The court held that the government is duty bound to work upon the zero tolerance for manual scavenging. In line with the discussion, 14 directions were issued to the govt and NHRC so that proper implementation of the Acts can be done. In furtherance of the order, NHRC in its Press Release on 15/5/2025 urged the states to immediately implement the SC’s directives and established the robust monitoring systems that would review the progress as well as learn about the gaps of implementation. Along With this, the Hon’ble SC announced the complete ban on manual scavenging activities in the 6 major cities: Delhi, Mumbai, Chennai, Kolkata, Bengaluru, and Hyderabad. Thus, this is one of the latest and leading cases that recommend the immediate implementation of the strict orders.
2. Safai Karamchari Andolan v UOI (2012)
This was another case of writ petition under Article 32 of the Indian Constitution. The mandamus writ petition demanded for strict enforcement and implementation of the Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition) Act, 1993. The court laid down various propositions about the rehabilitation schemes for manual scavengers and their kins. Henceforth, the court also penned down the concluding remarks by quoting that the aforesaid Act occupies the entire field and thereby no further monitoring is required by the court of law.
3. Delhi Jal Board v National Campaign for Dignity and Rights of Sewerage and Allied Workers (2011)
In this case the SLP was filed from DHC in reference to the ex-gratia compensation relief to the people who died suffocating and accidently. The Court in its statements criticized the govt and the state apparatus for being insensitive to the safety and well- being of the sewage workers. The court not only directed for the payment of higher compensation to the sufferers but also ensured the proper safety and security of these workers. The court through this case directed the govt to supervise and become a watchdog in their horizons.
Conclusion
It is a well- appreciated fact that Article 21 of the Indian Constitution grants a Right to have a clean and safe environment as a fundamental right of every citizen. It is indeed asserted that everyone should have a healthy and dignified standard of life. However, these rights are vested in every section of the society. The menial tasks of sweeping, cleaning, disposal of dead animals, and so on shall not be deemed to be filthy and polluting by the upper section of society. This must not be treated as an occupation for the downtrodden section of the society. Secondly, in the 21st century where the world is moving towards technological advancement and using AI then such should be utilized in the field of cleaning. There is a need of an hour to have proper investments in the equipment like Robots, Bandicoot, Sewer crocs, Mobile septage and many more. Moreover, the people who are engaged in these activities must be stopped and facilitated with new occupations for their livelihoods. Other than that the sanitary workers and cleaners must be provided with safety helmets, jackets, gloves, masks, oxygen cylinders, eyeglasses, torch lights and other essential equipment. Nonetheless, it needs to be part of the Essential Commodities Act for the purpose of cleaning our nation. The optimistic efforts of every pillar of Indian democracy can bring a positive change by Zero Tolerating the suffering of victims of Manual Scavenging.
Hence, when the nation, as early as, can plan to go to the moon then why not the nation can plan to go inside the earth, with the help of technology? When the nation has the concept of smart cities then why are the cities not getting smarter with the implementation of the laws, rules and norms?
FAQS
How many more laws does Indian society need for the effective and efficient controlling of manual scavenging?
Annihilation of manual scavenging does not need enactment of any new laws. It needs the change of social behavior that justifies the occupation of manual scavenging. Along With this, it calls for serious administrative efforts and political will to handle the deteriorating condition of workers like the recent enforcement of Motor Vehicle Act, rigorously. The judiciary also needs to be more vigilant and sharp- eyed for the implementation of their guidelines. Therefore, enactment of more laws will not solve the problem whereas the synchronization of efforts will have the prime role to eradicate ‘unclean caste- occupation’.
What kind of humility do scavengers suffer from?
Manual scavenging affects the workers as well as their kins in nexus to social, political, economical as well as a personal stigma that covers a wider range of trauma and torture. First of all, it is pre- notioned form of caste based occupation. Secondly, the dignity of these workers are not maintained in the eyes of people; neither they’re provided with the proper equipment nor financial security. Moreover, the family of these marginalized sections doesn’t have the equal status and opportunity in their surroundings. Furthermore, the scavengers are exposed to numerous diseases like leptospirosis, asthma, hepatitis, diarrhea, TB, choleras and many others. Thus, it is a mental as well as physical torture to the dignity of people who are part of Indian society.
Are there any new forms of activities evolving in the society in which manual scavengers are violently engaged?
Apparently, from the various studies it could be found that manual scavengers are engaged in the cleaning of graveyards for their livelihood. They are being asked to clean the left bones from the graveyards and cremation sites. This form is known as Bone Scavenging.