Cleaning Human Waste: “Manual Scavenging,” Caste, and Discrimination in India

FOCUS

The Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition) Act was passed in 1993 which made the employment of manual scavengers punishable by fines and imprisonment. The Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013 also recognized maltreatment and sought to provide alternate livelihoods to the workers. It outlawed not just dry latrines but manual cleaning of sewage, gutters and septic tanks without the provision of protective gear.

Published by Human Rights Watch on August 25, 2014, this report examines the implementation of these Acts and highlights the gaps in their enforcement using secondary data as well as first-hand interviews. The research for this report was conducted between November 2013 and July 2014 in 14 districts across Gujarat, Madhya Pradesh, Maharashtra, Rajasthan, and Uttar Pradesh. It included more than 135 interviews with people who had engaged in manual scavenging, rights activists, trade union workers, lawyers and government officials.

This 104-page document is divided into five sections: Persistence of Manual Scavenging in India (Section I); Efforts to End Manual Scavenging (Section II); Abuses that Perpetuate Manual Scavenging (Section III); Barriers to Ending Manual Scavenging (Section IV); and The Way Forward (Section V).

    FACTOIDS

  1. The report notes how governments and government representatives not only fail to prohibit manual scavenging but also contribute to the continuation of the practice. For example, in Maharashtra, panchayats themselves have engaged people on the basis of their caste to clean toilets and open defecation areas manually.

  2. Women interviewed in Uttar Pradesh reported having faced threats from dominant caste communities after having refused to practice manual scavenging. Refusal of police officials to register complaints against such abuses contributes to the exploitation of marginalised people in the country, the report adds.

  3. Women who had once engaged in manual scavenging faced considerable obstacles in accessing government programmes including those for housing and employment. This was despite having the support of civil society organisations.

  4. By July 2014, the time limit for ending manual scavenging in India had been extended at least eight times by the central government. The report adds that the Supreme Court of India has ruled manual scavenging as violating international human rights laws to which the country is a party. These include the Universal Declaration of Human Rights and the Convention on the Elimination of All Forms of Discrimination against Women.

  5. The report finds that manual scavenging tasks are often divided by gender. Private toilets are more often cleaned by women whereas men generally are employed to clean septic tanks, sewers, and closed gutters. Open defecation from roads and other open areas are cleaned by both.

  6. Women engaged in manual scavenging are often among the most marginalised groups in the country. In overwhelming instances, they are compensated for this work in the form of food and not wages. They are denied a reliable income and are forced to subsist on the discretion of the households for which they work.

  7. The report mentions that although there are regulations against gender disparity in wages, as of August 2014, the country had no laws specifically meant to outlaw wage discrimination based on caste.

  8. One of the persons interviewed mentioned that only people considered to be from lower castes actually undertook the work of safai karmacharis. Those from dominant castes hired as safai karmacharis found ways out of sanitation tasks and did office jobs. The report adds that people engaged in manual scavenging are further discriminated against by dominant caste communities and are denied access to water sources, temples, and other places.

  9. Manual scavenging has an adverse impact on health due to the prolonged exposure to unsanitary conditions. These can include nausea, headaches, diarrhoea, vomiting, jaundice, respiratory and skin diseases, trachoma and carbon monoxide poisoning.

  10. According to 2013 Act, one adult member of each family is entitled to training in a livelihood skill so they can get alternative employment. The individual is also supposed to be provided a monthly stipend during this period. However, the Act does not specify any government agency responsible for proving this training, the report states.

  11. The report suggests that government authorities need to rehabilitate people engaged in manual scavenging by providing the necessary financial assistance, housing, scholarships, and other support as laid out in the 2013 Act.

  12. Officials need to take measures to stop communities from being coerced into this work, the report states. They should also be held accountable for improper enforcement of relevant laws on manual scavenging.

  13. Under the 2013 Act, the manual scavengers are identified in two ways: through self-identification and local government surveys. The survey is not compulsory and is taken at the discretion of the authorities. The report advocates for regular surveys in coordination with civil society organisations to help identify relevant individuals. It also suggests distribution of identification cards to aid people in accessing rehabilitation schemes.


    Focus and Factoids by Shaifali.

AUTHOR

Human Rights Watch

COPYRIGHT

Human Rights Watch

PUBLICATION DATE

25 ಆಗಸ್ಟ್‍, 2014

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