Manual Scavenging in India: A Need of Good Governance for Social Justice

Introduction

Practice of manual scavenging is an occupation (profession) which is considered to be in existence since the human society. This is most uncivilised and inhuman practice. This inhuman practice of manually take out night soil which comprises removal of human waste from dry toilets with their bare hands, brooms or metal scrappers; transporting excrements and bags to dumping sites for disposal, is not the high degree of human rights violation. Sometimes the practice of manual scavenging is linked to India’s caste or verna system were so-called lower castes were expected to perform this job. It passes on from generation to generation. Manual scavengers, often, termed as sanitary workers or safaikaramchari are amongst the poorest and most disadvantaged communities in India. In some places dalits engaged in manual scavenging such as Valmiki, Mehtar, Dom, Bhangi, Har, Hadi, Ghasi, Olgana, Mukhiyar, Thoti, Hela and Halalkhor are compelled to perform the task of cleaning human excreta with bare hands or to clean sewer lines and septic tanks.

Despite progress, manual scavenging still survives in several parts of India without appropriate sewage systems. Manual scavenging continue to exist despite being undesirable and hazardous as a way of removal of human waste, despite scientific and technological development on various fronts that protects manual labours, and even though the accessibility of simple and low-cost alternatives which can destroy the identical problems of manual scavenging and harmless disposal of human excreta. Manual scavenging is done with basic tools like thin boards and either buckets or baskets lined with sacking and carried on the head. Due to the hazardous nature of the job, many of the workers have related health problems. It is believed to be most prevalent in Karnataka, Gujarat, Madhya Pradesh, Rajasthan and Uttar Pradesh. It is observed that Indian Railways is also playing as violator, since it has toilets releasing all the excreta from trains on the ways and they hire scavengers to clean it physically. Picking up human waste with bare hands by sanitary workers is a common sight at railway stations. The exciting form of misuse inherited in the caste system has made sarcasm of the modern Indian Labour Laws and Global Conventions on the privileges of workers (Siddaramu.B, 2013). It is an irony that after decades of independence; it was in the year 1993 and in 2013, that the Government of India enacted legislation to ban the inhuman and shameful practice of manual scavenging. Regardless of several arrangements, laws and policy inventiveness the State is unsuccessful in its endeavours due to lack of reliable number of manual scavengers, poor enforcement of laws, corruption and severe caste hierarchy that happens in rural as well as urban areas of India.

This paper deals with the origin of manual scavenging, and related practices in the country. This paper also deals with the study of legislative framework, rehabilitative measures, administrative schemes and judicial pronouncements.

Research Design

The researcher shall research (1) whether fundamental rights of the manual scavengers are violating enshrined under article 14, 15, 17, 19 and 21 of the constitution of India, (2) whether their civil rights are ensured by Government of India or not. (3) Is there any lacuna on the part of legislature and government to cover all dimensions related to manual scavenging? (4) Is there any lack of responsibilities of the government and local bodies in implementing the laws? (5) Is there any rehabilitation policy for manual scavengers (6) what are the effects on the socio-economic statues of manual scavenging and current condition of the manual scavengers in India?