The Reality Of Manual Scavenging In Today’s World

Author: Sreenidi R.N, Maharashtra National Law University, Mumbai

To the Point

Manual scavenging refers to a person who is employed or made to manually clean, dispose, or carry human excreta from insanitary latrines, septic tanks or sewers, or railway tracks. This practice is still widely prevalent in India, despite being banned. This is a deeply dehumanizing practice prevalent in today’s world, and majorly affects members of the marginalized community. The primary issue lies in implementing the passed legislation, and maintaining surveillance to prevent the same. This article delves into the current stance of the issue from the legal perspective, and the on-ground scenario, bringing to focus the difficulties faced by people employed as manual scavengers, and the conditions they are subjected to. By examining relevant case laws, and existing legislation, we also aim to better understand the intended framework and path to stop this practice.

Abstract

As technological advancements have progressed significantly in various industries, there is a surprising lack of the same for sanitation purposes. This indicates the social indifference and assumption that the manual handling of disposing sanitary waste is acceptable, regardless of the gross violation of human dignity and safety it costs. This article highlights the ground reality of manual scavenging in India, and the impact of the legal stance which denies the current existence of this practice. By analysing relevant case laws and discussing potential policies and reforms, the aim is to give a comprehensive overview of the issue and offer suggestions to improve the situation.

Use of Legal Jargon

Various legislative measures have been taken by the Indian Government to stop and prevent the practice of Manual Scavenging, a practice which is a gross violation of basic Human Rights. The first significant measure was The Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition) Act, 1993, which aimed to stop the hiring of workers as manual scavengers and to stop from constructing unhygienic dry latrine. The implementation, however, was mostly ineffective.

A more comprehensive legislation was also introduced – The Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013 (MS Act, 2013). This Act significantly expanded the definition of manual scavenging to include not just those handling human excreta manually, but also individuals involved in cleaning septic tanks and sewers in hazardous conditions, especially without proper safety equipment.The act, following precedent, also prohibits hiring workers as manual scavengers and the construction of insanitary latrines. It also mandates that the manual scavengers and their families must be rehabilitated through cash assistance of Rs.40,000, skill development offered along with a monthly stipend of Rs.3,000, housing support, and concessional loans for alternate careers. The local authorities such as railway authorities, are given the responsibility to implement these measures by ensuring mechanizing of cleaning operations and converting insanitary latrines accordingly. It must also be mentioned that all offences are cognizable and non bailable under this Act, with penalties including imprisonment and fines. Hiring workers for cleaning hazardous septic tanks or sewers calls for a harsher punishment.

Besides the legal frameworks, the government has also introduced significant initiatives to eliminate manual scavenging. The National Action for Mechanised Sanitation Ecosystem (NAMASTE) scheme, launched in July 2023, sought to prevent fatalities in sanitation work by promoting mechanization, providing safety equipment, and formalizing sanitation workers. It also integrated elements of the former Self Employment Scheme for Rehabilitation of Manual Scavengers (SRMS), offering health insurance, occupational training, and subsidies for sanitation equipment. The implementation of these measures and Acts, however, has left much to be desired.

The Proof

According to the Government report of 2023, 377 persons have died as a result of being manual scavengers, within a span of merely 4 years, from 2019 to 2023.Despite the employment of manual scavengers veug prohibited since 2013, the practice prevails, now illegally. The practice is also a representation of the deep entrenchment of caste discrimination in our society. Based on government data, a staggering 97% of manual scavengers are Dalit, which further highlights how caste also influences this issue. As mentioned in various documentaries, such as the deeply impactful documentary Kakkoos, in 2013, to various news channels, manual scavenging if often a profession forced upon a certain community, often offering them no other course of employment, thus forcing them to risk their lives for their living. This practice degrades a person’s basic right to Life and Dignity, providing them no safety measures, and inhumane working conditions, with meagre pay. There have also been several discrepancies in the reports of manual scavenging. One recent instance would be the State of Kerala declaring itself free of manual scavenging, while a mere month ago, a 28-year-old Joy, lost his life cleaning a septic tank. Recent images from a news report also depict how the practice is still prevalent in Delhi, Mumbai, Chennai, and Bangalore, despite surveys and reports claiming otherwise.

The Supreme Court had ordered the government in 2023, to conduct a survey of manual scavenging across Indian, where 456 districts out of 775 reported zero incidents of manual scavenging, In January 2025, the Supreme Court responded to a writ petition seeking a complete ban on manual scavenging. The Court directed action to prohibit the practice across six major cities. The apex court has given these orders to be implemented in 6 metropolitan cities of Delhi, Mumbai, Kolkata, Chennai, Bangalore, and Hyderabad. The prevalence of manual scavenging across India is a major issue acknowledged by the Apex Court as well.

Case Laws

Delhi Jal Board vs National Campaign Etc.& Ors on 12 July (2011)
This case is a landmark judgment against manual scavenging, particularly in sewer cleaning. The Supreme Court strongly condemned the hazardous working conditions and deaths of sewer workers, emphasizing the State’s duty to protect life and dignity under Article 21. It mandated improved safety, enhanced compensation for victims’ families, and pushed for mechanized cleaning to eliminate this dehumanizing practice, reinforcing the spirit of the Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013, and demanding accountability from public authorities.

The Safai Karamchari Andolan vs. Union of India (2014):
This case explicitly declares the practice of manual scavenging a gross violation of fundamental rights, especially the right to dignity and life. The Supreme Court mandated the full implementation of the 2013 Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, ordered significant compensation for deaths in sewers since 1993, and stressed on comprehensive rehabilitation for scavengers, including financial aid, education, and alternative employemnt. It also pushed for the complete mechanization of sewer cleaning and held public authorities accountable, aiming to dismantle the caste-based, inhumane practice of manual scavenging.

The Dr. Balram Singh vs. Union of India (2023):
This case is a crucial development in the fight against manual scavenging, pushing for its complete eradication. The Apex Court significantly enhanced compensation for sewer deaths to ₹30 lakhs and once again stressed for comprehensive rehabilitation for affected workers and their families, including employment and education. It mandated a phased transition to mechanized sewer cleaning as well, and the development of a monitoring portal, explicitly stating that unprotected sewer cleaning constitutes forced labor, thereby reinforcing the constitutional right to dignity and safety for all workers involved in hazardous sanitation work.

Conclusion

The prevalence of manual scavenging is a grave issue which undermines the fundamental rights of the workers, and a constant threat to their lives and dignity. The existing caste-based bias of society further complicates this sensitive issue, which hinders the implementation of existing measures and legislation in an effective manner.
To address these challenges, the issue must be addressed at a grassroot level, focusing on the lower levels where the workers are hired. Attention must be paid towards rehabilitation as well, to prevent further employment of manual scavengers. The cessation of manual scavenging is essential to save lives, prevent caste-based discrimination against the marginalized and provide a better quality of life, and uphold the rights which every citizen of India is entitled to.

FAQS

1. What is Manual Scavenging?
Manual Scavenging refers to the practice of manually handling, cleaning and disposing of human excreta from open drains, sewers, insanitary latrines, etc. This is often done without protective gear and using basic tools such as brooms and shovels.

2. What are the health risks associated with manual scavenging?
Manual Scavengers face various health hazards, such as frequent exposure to pathogens such as cholera, typhoid, and various skin and blood infections. They are also exposed to toxic gases such as methane and nitrogen oxide, when entering sewers and septic tanks. They are also prone to physical and psychological trauma.

3. Why does Manual Scavenging still exist despite the ban in India?
This is due to various factors such as Caste discrimination, lack of mechanization, poor enforcement of laws, inadequate rehabilitation, and lack of awareness.

4. What is the publics tole in eradicating manual scavenging?
The public should attempt to increase awareness regarding the issue, push for mechanization, report and violations they see, and support organizations who work towards rehabilitation of manual scavengers.

References