Dr. Jaykumar Bhongale
Assistant Professor & Research Coordinator; Bharati Vidyapeeth Deemed to be University, New Law College, Pune.
Mr. Oishik Bhattacharya
BBA LLB Student in Bharati Vidyapeeth Deemed to be University, New Law College, Pune.
ABSTRACT: Manual scavengers succumbed to various perils including social exclusion, occupational health hazards, untouchability, etc. The author intends to link the ‘Practice of Manual Scavengers’ with poor implementation of existing legislation by elucidating how the plethora of legislation enacted for ensuring an equitable society has failed to purport what it objects to. The research raises concerns about the persistent dire living conditions of scavenging communities in India, even 73 years after gaining independence. The hypothesis posits that although the government of India has enacted
two major legislations, namely the Acts of 1993 and 2013, to ban this inhuman practice, it has still persisted. As per the Socio-Economic and Caste Census 2011, manual scavenging was still prevalent in 2011, with 1.8 lakh Indian households relying on this practice for survival. Maharashtra had the highest number of manual scavengers, followed by Madhya Pradesh, Uttar Pradesh, Tripura, and Karnataka. The current crime is due to the prevailing caste system succumbing the manual scavenger community to an unrecognized misery. The article, therefore, purports to unveil the genesis of manual scavenging and similar practices. The paper also analyses the current statutory framework, judicial pronouncements, and administrative schemes in relation to the Act. It pinpoints the existing lacunas providing remedial measures and progressive solutions to ban the same. In a nutshell, the research article shall critically analyze the rights of the manual scavengers with reference to the failure of the state to ensure the same and how the state instrumentalities play a major role as a human rights violator.
KEYWORDS: Manual Scavenging, Safai Karmachari Andolan, Sewage Workers, Sewer Workers, Rehabilitation.
INTRODUCTION
Manual scavenging is profession wherein the workers, generally belonging to the Scheduled Caste communities are engaged in the practice of “the manual cleaning, carrying, disposing of, or handling of human excreta in an insanitary latrine or an open drain or pit.” 1 According to the
1 The Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition) Act, 2(j) (1993).
survey reports, of about 1.2 million people are forced to engage into the profession. 2 Adding to that of about 5 million Safai Karmacharis (sanitation workers) who maintain public spaces come into direct contact with human excreta succumbing them to health ailments. 3 The central horror is that the people engaged in the community belong to the Dalit caste i.e. untouchables. In addition to that women are subjected to dual menaces one being the caste discrimination and other being gender based violation. Women bear the intersections of both patriarchy and casteism.4 Looking into the dangers, men are forced to descent into septic tanks and empty out the contents with a bucket. They generally dive into these drains, hold their breath and clear the blockages with bare hands. 5 This can be equated to genocide. In a nutshell, manual scavenging continues to exist in India, despite scientific and technological advancement. Despite of several statutes, schemes and policies the state has failed in achieving the objective of banning the gross violation of human rights due to various factors like poor enforcement of laws, corruption, caste hierarchy, etc.6
2 Home | Safai Karmachari Andolan. (n.d.). https://www.safaikarmachariandolan.org/ 3Bose, R. (2019, December 18). For Women Safai Karamcharis, “Liberation” is Manual Scavenging with a Makeover. News18. https://www.news18.com/news/buzz/for-women- safai-karamcharis-liberation-is-manual-scavenging-with-a-makeover-2400809.html : Das,
S. (n.d.). Govt must get its hands dirty to rescue manual scavengers. Down To Earth [Review of Govt must get its hands dirty to rescue manual scavengers. Down To Earth]. Down to Earth. https://www.downtoearth.org.in/news/%20waste/%20govt-must-get-its- hands-dirty-to-rescue-manual-scavengers-61756
4 Human Rights Watch. (2014). https://www.hrw.org/sites/default/files/wr2014_web_0.pdf
5 There is an estimate of 200,000 waste pickers in Delhi alone: Global Alliance of Waste Pickers, Global_rec. (2015, November 23). New Delhi. Global Alliance of Waste Pickers. https://globalrec.org/city/new-delhi/
6 A. (2021, April 23). In India, Manual Scavenging Goes Beyond An ‘Occupation’: It’s A Human Rights Issue. Youth Ki Awaaz. https://www.youthkiawaaz.com/2021/01/explained- manual-scavenging-where-are-we-and-the-system-going-wrong/
MANUAL SCAVENGING IN INDIA- BACKGROUND
The Indian railway is the biggest violator of the act 1993 and 2013. 7It has an open toilet from which extra drops on the tracks and scavengers are employed to clean it up. According to the census of 2011, manual scavenging still continues to exist. The Socio Economic and Caste Census 20118 clearly states that 1.8 lack Indian Households rely on manual scavenging for their survival. Maharashtra has the highest number of manual scavengers followed by followed by Madhya Pradesh, Uttar Pradesh, Tripura, and Karnataka. 9 The inhuman practice was banned through the legislation of ‘The Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition) Act, 1993’ (EMS CDLA) by the Parliament of India. Prior to 1993, the Indian government had implemented various rehabilitation schemes such as the National Scheme for Liberation and Rehabilitation of Scavengers, 1992, and the Self Employment Scheme for Rehabilitation of Manual Scavengers since 2007. However, the Government of India has now introduced a new law called the ‘Prohibition of Employment as Manual Scavengers and Their Rehabilitation Act, 2013’ to address the situation. Though, the act has banned the activity manual scavenging, the rapid urbanizations has started up a form of neo-scavenging activities in the form of Municipal Waste Workers or Sewer Workers.
7 Aditi Yadav- Guest Writer. (2019, July 31). The scourge of manual scavenging. Oxfam India(OIN). https://www.oxfamindia.org/blog/manual-scavenging-in-india
8 NIC, New Delhi, Government Of India. (n.d.). Socio Economic and Caste Census (SECC). https://secc.gov.in/homePageUrban.htm
9 H. Beck, & Darokar. (2005). Socioeconomic Status of Scavengers Engaged in the Practice of Manual Scavenging in Maharashtra. THE INDIAN JOURNAL OF SOCIAL WORK, 66(2), 223–236.
RESEARCH AIMS
- To critically evaluate the manual scavenging through both the Acts of 1993 and 2013.
- To analyze the enabling environment for effective implementation of the complete eradication of manual scavenging implementation in India.
- To scrutinize the effective implementation of the statutes, policies and measures.
- To suggest or provide solutions to address the same.
RESEARCH METHODOLOGY
The research uses both primary and secondary sources-qualitative and quantitative. The information is derived from sources like books, journal articles, editorials, government websites, etc. Some genuine pieces of offline databases and research papers have also alluded from internet sources. The current investigation is an exploratory case studies.
LAWS FOR THE MANUAL SCAVENGERS
The judiciary has played a vital rule in strengthening the socio- economic welfare. It has translated various Directive Principles of State Policy into enforceable rights in order to uplift the downtrodden sections of the society. Article 21 of the Constitution has created a bundle of rights giving a new angle to the socio-welfare jurisprudence in India. Recently, the
Courts in order to uplift the poor and needy have taken strict actions against the State actions which fail to eradicate manual scavenging. The following are the series of laws for the Manual Scavengers.
PROTECTION OF CIVIL RIGHTS, 1955
The Untouchability Offences Act, 1955 was enacted to do away the practice of untouchability and social disability to the people from Scheduled Caste Community. The Act was later amended in 1977 and rebranded as the Protection of Civil Rights Act, 1955. The amendment made untouchability a cognizable and non-compoundable offense, with more stringent punishments.
SC/ST (PREVENTION OF ATROCITIES) ACT, 1989
As the Protection of Civil Rights Act, 1955 was found to be ineffective, the SC and ST (Prevention of Atrocities) Act, 1989 was formulated to provide measures for the protection and enforcement of rights of Dalits. This act was further strengthened to specifically address manual scavenging and make it a punishable offense.
Analysis of Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013
The Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013 was enacted and implemented as per the 24th entry in the concurrent list of the Constitution of India. The main objective of the act is to ban the employment of manual scavengers and provide them with alternative employment options. However, the implementation of the act has not been effective in eradicating the practice of manual scavenging and providing proper rehabilitation. In summary, the act has not been successful in achieving its objectives even today.
The following are the salient features of the Act.
- The Act prohibits all forms of employment of manual scavengers, manual cleaning of sewers and septic tanks without proper protective equipment, and construction of insanitary latrines.
- The Act has two main objectives – prohibition of manual scavenging and rehabilitation of manual scavengers.
- The Act applies to workers involved in cleaning dry latrines, septic tanks, open railway tracks, and sewers.”
- The Act ensures detailed surveys to identify persons engaged in the activity of manual scavenging.
FAILURE OF INSTITUTIONAL FRAMEWORK AND CRITICISM AS TO THE ACT:
Legal Issues
1) Exclusion of Sewage Workers:
The Act has not defined sewage work. The act is limited to manual scavengers and does not include sewage workers. The long title of the statute itself provides for the Prohibition of Employment as manual scavengers, rehabilitation of manual scavengers and their families. Further, Section 2(g) (b) of the Act categorizes the person handling excreta with the help of protective gear as a sewage worker. Therefore, it limits the scope of the act by not including sewage workers.
There are some questions like why are sewage workers not included in the Long Title? Why it is only restricted to manual scavenging? Is swage work not a form a form of scavenging?
The National Advisory Council has proposed to widen the definition of workers. It was stated that workers ‘dealing in any manner’ with human excreta should be considered within the definition of ‘manual scavengers’.10 Therefore, it should be retitled as ‘Prohibition of Employment as manual scavengers and Sewage Workers, Rehabilitation of Manual Scavengers and their Families.”
In addition, a significant number of individuals, including sweepers, garbage collectors, waste collectors (including children), who are also in need of protection, are excluded from the coverage of existing laws
2) Silent on the definition of “Protective Gear”:
10 Standing Committee On Social Justice And Empowerment: The Prohibition Of Employment As Manual Scavengers And Their Rehabilitation Bill 2012. (2012-2013). In PRS India (Thirty Second Report). MINISTRY OF SOCIAL JUSTICE AND EMPOWERMENT. Retrieved February 14, 2023, from https://prsindia.org/files/bills_acts/bills_parliament/2012/Standing%20Committee%20Repo rt_7.pdf
Though Section 2(d) of the Act further defines ‘hazardous cleaning’, sewage workers are excluded from the Act. Therefore, the sewage worker using protective gear does not fall within the ambit of the worker engaged in hazardous cleaning. The Act is silent on the definition of ‘protective gear’ therefore making it difficult to differentiate between sewage workers and manual scavengers. For instance, even a person merely wearing gloves or protective clothing might be interpreted as wearing “protective gear”. This unclear stance of law defeats the purpose of protecting human dignity in entirety.
PRACTICAL ISSUES
- Lack of Knowledge about Manual Scavenging- The Act clearly explains the meaning of manual scavenging. But practically many officials are unaware of who are manual scavengers. There is a high chance of concealment of data because they are generally termed under the name of sweepers. This makes them prone to accidents and death. They are not provided adequate technical and professional knowledge/ training. 11
- Backward Technology- The jetting machines are not adequately provided. The jetting machines are not efficiently able to clear the blockage, making the scavengers to enter the manhole to clear the blockage. This leads to occupational hazards.
- Inefficiency to demolish dry latrines- There is an administrative lethargy to actually demolish dry latrines which is the root cause that the
11 SATHYASEELAN, S. (2013). Neglect of Sewage Workers: Concerns about the New Act.
Economic and Political Weekly, 48(49), 33–37. http://www.jstor.org/stable/24478372
practice is not completely banned. For instance, according to the data of SECC- 2011 census, there are 26 lakh insanitary latrines, 1314652 latrines where it is disposed in open drains and approximately 7,94,390 latrines are manually serviced.12 Though the act mandates the same, the government has clearly failed to demolish the same.
- Lack of planning and Waste Water management in India.
- Lack of Training Facilities- Many manual scavengers are unaware of their rights and therefore their security and safety. They are not trained to handle protective equipment. Therefore, the government must provide training to the workers to effectively implement the act.
- Sates Failure to stop the illegal employment of manual scavengers- The government’s track of record and maintenance of details is extremely poor. The laws are completely ignored.
- Access to Criminal Justice System- Due to the stigma, lack of awareness, caste discrimination, illiteracy, etc. the victims are not able to access the justice system. They face police inaction. Their complaints are not paid heed to. Their complaints are not properly investigated. They also face discrimination by the government officials. According to the reports of Human Rights Watch the police has failed to register their complaints. In short, the police do not register their complaints under the SC/ST Act, 1988 which is a law to protect the communities who are marginalized.
- Threats and harassment: – According to Human Rights Watch Report of 2014, women who are engaged in the practice manual scavenging claim
12 NIC, New Delhi, Government of India. (n.d.-b). Socio Economic and Caste Census (SECC). https://secc.gov.in/
that they face pressure from the community even if the toilets are not cleaned every single day. 13
- Lack of accountability- The Act enables the State government from conducting special trails. However, the complaint has to be made within a span of 3 months. Also, the same district authority is responsible for adjudicating the offenses under the Act. Therefore, there is a potential conflict of interest. Therefore, it is necessary to sufficiently train them. This can be done by collaborating with manual scavenging community activist, NGO’s and civil societies.
- Lack of alternative employment opportunities: – The people engaged in these activities rely on scavenging for daily bread and butter. In order for these communities to leave manual scavenging, they must have immediate access to alternative employment. However, they face significant barriers when trying to enter the labor market, and the social and economic boycotts they experience further exacerbate their plight.
- Inadequacy of Surveys i.e. failure to identify manual scavengers: – The government surveys are inadequate and ineffective. For instance, according to National Safai Karmachari Commission 3rd and 4th Report there are 5,77,228 manual scavengers. 14Further, according to 2002-03 report of Ministry of Social Justice and Empowerment there are 6,76,009 manual
13 Cleaning Human Waste : Manual Scavenging, Caste and Discrimination in India. (2014). In Human Rights Watch. https://www.hrw.org/report/2014/08/25/cleaning-human- waste/manual-scavenging-caste-and-discriminationindia
14 Khanna, Shomona, ‘Invisible Inequalities: An Analysis of the Safai Karmachari Andolan Case’, in Philippe Cullet, Sujith Koonan, and Lovleen Bhullar (eds), The Right to Sanitation in India: Critical Perspectives (Delhi, 2019; online edn, Oxford Academic, 17 Apr. 2019), https://doi.org/10.1093/oso/9780199489855.003.0012, accessed 18 Oct. 2022.
scavengers. And according to Safaikaramchari Andolan (NGO) there are about 1.2 manual scavengers in India. Even SECC Census 2011 there are about1, 80, 657 manual scavengers, with Maharashtra being the highest with 63,713. There is no uniformity and periodic assessment. There should be an independent survey or collaboration with a credible NGOs.
SOCIAL AND ECONOMIC ASPECT OF MANUAL SCAVENGING
The social and economic aspects of manual scavenging are complex and intertwined with various factors that contribute to the perpetuation of this harmful practice. Here are some key points to consider:
- Caste-based discrimination: In many countries, including India, manual scavenging is often associated with caste-based discrimination, where individuals from marginalized and lower-caste communities are forced into this occupation due to social stigma and discrimination based on their caste identity. This discriminatory social hierarchy reinforces the cycle of poverty and exploitation, as individuals from lower castes are often denied access to education, employment opportunities, and social mobility.
- Exploitation and poverty: Manual scavengers often come from economically disadvantaged backgrounds, where poverty and lack of alternative livelihood opportunities leave them with no choice but to engage in this hazardous work. They are often paid low wages and subjected to exploitative working conditions, which further entrenches their socio- economic vulnerability.
- Lack of education and skills: Manual scavengers often lack access to education and skill development opportunities, which limits their ability to pursue alternative livelihoods and escape the cycle of manual scavenging. This lack of education and skills also perpetuates the intergenerational transmission of manual scavenging, as children from scavenger families are often forced to continue this work due to lack of opportunities.
- Gender dynamics: Manual scavenging is predominantly performed by women in some communities, who face gender-based discrimination and exploitation. Women engaged in manual scavenging are often exposed to additional vulnerabilities, including sexual harassment, assault, and gender- based violence.
- Social stigma and exclusion: Manual scavengers often face social stigma and exclusion from mainstream society due to the nature of their work. They are often marginalized, ostracized, and subjected to discrimination and prejudice, which further perpetuates their social disadvantage and prevents them from integrating into the mainstream socio-economic fabric.
- Lack of awareness and advocacy: Limited awareness about the legal prohibitions on manual scavenging, as well as the rights and entitlements of manual scavengers, can hinder efforts to eliminate this practice. Lack of effective advocacy and support systems can further exacerbate the social and economic challenges faced by manual scavengers.
Addressing the social and economic aspects of manual scavenging requires a multi-faceted approach that includes addressing caste-based discrimination, poverty alleviation, providing education and skill development opportunities,
promoting gender equality, raising awareness, advocating for the rights of manual scavengers, and creating inclusive social and economic policies and programs that prioritize their welfare and dignity.
Gender and Manual Scavenging: Analyzing the Intersectionality of Human Rights
Analyzing the intersectionality of gender and manual scavengers involves examining how gender identity and gender roles intersect with the issue of manual scavenging, and how this intersectionality influences the experiences, challenges, and vulnerabilities faced by individuals engaged in manual scavenging work. Here are some points to consider:
- Gendered Division of Labor: Manual scavenging work is often assigned along gender lines, with women and men having different roles and responsibilities. For example, women may be more involved in manual scavenging tasks such as cleaning dry latrines, while men may be engaged in tasks such as cleaning sewers and septic tanks. This gendered division of labor can shape the type and level of discrimination, exploitation, and risks faced by women and men manual scavengers.
- Gender-Based Discrimination: Gender discrimination can intersect with caste discrimination in the context of manual scavenging. For example, women manual scavengers may face discrimination based on their gender, caste, and occupation, leading to multiple forms of marginalization and
oppression. They may also face specific gender-based risks such as sexual harassment, abuse, and violence in their work environment.
- Socio-Cultural Norms and Beliefs: Socio-cultural norms and beliefs around gender roles, responsibilities, and expectations can influence the experiences of women and men manual scavengers. For instance, traditional gender roles may restrict women from engaging in certain types of manual scavenging work or limit their opportunities for education and skill development, perpetuating gender-based inequalities.
- Impact on Health and Well-being: The intersection of gender and manual scavenging can also affect the physical and mental health of women and men engaged in this work. Women may face additional challenges related to reproductive health, menstrual hygiene, and caregiving responsibilities, while men may face risks associated with exposure to hazardous substances, physical injuries, and psychological stress.
- Access to Social Welfare and Rehabilitation Schemes: Gender can also impact access to social welfare and rehabilitation schemes for manual scavengers. For instance, women manual scavengers may face additional barriers in accessing government schemes due to gender biases or lack of awareness about their rights and entitlements.
- Role of Gender in Resilience and Empowerment: On the other hand, gender can also play a role in resilience and empowerment among manual scavengers. Women may engage in collective bargaining, community mobilization, and advocacy efforts to challenge gender and caste-based discrimination and improve their working conditions. Men may also be
engaged in efforts to challenge traditional gender roles and promote gender equality within their communities and workplaces.
- Intersectional Identities: It’s important to acknowledge that individuals engaged in manual scavenging may have multiple intersecting identities beyond gender, such as caste, class, religion, disability, and ethnicity, which can further shape their experiences and vulnerabilities.
The role of technology and innovation in addressing manual scavenging
Mechanized cleaning equipment: Explore the use of mechanized cleaning equipment, such as sewer cleaning machines, suction devices, and robotic technologies, in replacing manual scavenging practices. Investigate the effectiveness and limitations of these technologies in improving sanitation practices, reducing health and safety risks, and eliminating the need for manual scavengers to enter hazardous environments.
Bio-toilets and waste management systems: Investigate innovative solutions, such as bio-toilets and waste management systems, that can help eliminate open defecation and manual scavenging associated with traditional sanitation practices. Examine the feasibility, scalability, and sustainability of such technologies in different contexts, including rural and urban areas.
Remote sensing and data analytics: Explore the use of remote sensing technologies, such as satellite imagery and drones, combined with data analytics, to monitor and manage sanitation infrastructure, identify areas with inadequate sanitation facilities, and plan targeted interventions.
Investigate how these technologies can contribute to reducing the need for manual scavenging and improving sanitation outcomes.
Education and awareness through technology: Examine the role of technology in creating awareness and educating communities about the dangers of manual scavenging and promoting behavioral change. Investigate the use of digital media, mobile applications, and other technological tools in disseminating information, promoting hygiene practices, and advocating for the eradication of manual scavenging.
Vocational training and alternative livelihood options: Investigate the use of technology in providing vocational training and alternative livelihood options for manual scavengers. Explore initiatives that use technology for skill development, entrepreneurship, and job placement, aimed at empowering manual scavengers to transition to safer and more dignified livelihoods.
Social innovation and community engagement: Explore how social innovation, which includes bottom-up approaches and community engagement, can leverage technology to address manual scavenging. Investigate initiatives that involve local communities, manual scavengers, and other stakeholders in the design, development, and implementation of technological solutions, to ensure their relevance, effectiveness, and sustainability.
Policy and regulatory frameworks: Analyze the policy and regulatory frameworks that govern the use of technology in addressing manual scavenging. Investigate the role of government policies, regulations, and standards in promoting the adoption and scaling up of technology-driven
solutions. Examine the ethical, social, and cultural implications of technology in addressing manual scavenging and the need for inclusive and participatory approaches.
These are some potential areas to explore in researching the role of technology and innovation in addressing manual scavenging. It’s important to critically assess the opportunities, challenges, and ethical considerations associated with the use of technology in this context, and to consider the perspectives and voices of manual scavengers and other stakeholders throughout your research.
SUGGESTIONS AND SOLUTIONS
- Nature of work- The private and public latrines should be kept clean, till the dry latrines are converted into water borne latrines. The recommendations made by Barve and Malkani Committee with the regards to types of racetracks in household latrines and methods should be stringently enforced.15 The current system of carrying night soil should be banned and recommended that Government should devise strict measures to implement the same.
- Wages, Dearness and other allowance- The employment of sweepers, scavengers, should be added into a separate entry in Minimum Wages Act, 1948 and therefore, the minimum wages should be fixed for the employees. In order to fixate the same, there shall be a division between the zones –
15 Disaster Management in Indian Railways – 164.100.47.193. (n.d.). Retrieved October 18, 2022, from http://164.100.47.193/Refinput/New_Reference_Notes/English/Disaster.pdf
the areas within a municipal corporation. This shall facilitate proper segregation. The wages can be divided between full time and part time sweepers.
- Overtime wages- Incase of excess of work/ overtime the sweepers shall be compensated for the same. They should be provided adequate interval times for rest due to the tedious work times. They should also be provided weekly offs i.e. either full day or by rotation. There shall be special provisions for national and festival holidays.
- Provisions of permanency- The institutions shall ensure that the sweepers and scavengers are made permanent after a continuous service after a certain period of time.
- Leave system- They should be provided causal leaves and sick leaves just like the other labors. Further, the women sweepers and scavengers should get maternity leaves and other leaves.
- Health and Safety Protective equipment’s – In case of dry latrines, protective gears and equipment’s like Rubber hand gloves, gumboots, footwear, head gears, etc. should be provided.
- Medical Facilities – The workers are succumbed to various disease and health issues like body ache, irritation, metallic taste in mouth, eye issues, cut injuries and tiredness. Their life span is shortened because they are exposed to toxic and poisonous gases. They should be provided with proper medical facilities and regular health checkups.
- Housing and other Welfare Facilities- They should be provided proper housing facilities as a basic amenity of life. They should be provided adequate school facilities for increase the accessibility to education.
- Retirement Benefit- They shall be entitled to benefits like gratuity or provident fund. The payment shall be done according to the Social Security Code, 2020. This should be extended to hospital and educational institutions.
- Formulation of an advisory committee- A watchdog advisory committee should be established to act as a watchdog for proper implementation of the rules and regulations. This committee should include representatives from Department of Labor, Social Welfare, Urban Development, Housing and Public Health. It shall include representatives from Labor and Social Organization. They may hold periodic meetings to address the issues. There shall be task force committee to deal with the problems of manual scavenging and their rehabilitation.
CONCLUSION
The Supreme Court, High Courts, and Human Rights Commissions have issued orders for proper guidelines to uplift the vulnerable sections of society. In the case of Supreme Court Delhi Jal Board Vs National Campaign for Dignity and Rights of Sewerage and Allied Workers & others, the plight of sewage workers who risk their lives and are denied basic rights such as the right to life, equality, and liberty was recognized. 16The court also averred that the government is being insensitive to the issue of these workers ignoring their wellbeing and safety. Therefore, the present act cannot achieve its objective of no road map for rehabilitation is ensured. Though the
16 Delhi Jal Board Vs National Campaign for Dignity and Rights of Sewerage and Allied Workers & others, SC-Civil Appellate Jurisdiction Civil Appeal No 5322 of 2011 (Arising out of Special Leave Petition (Civil) No 12345 of 2009)
judiciary is playing a vital role in monitoring and protecting their interest but this solution is not a long term solution. The stat has to prioritize an agenda and devise a fool-proof plan.
REFERENCES
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MINISTRY OF SOCIAL JUSTICE AND EMPOWERMENT. (2019). Prohibition
of Employment as Manual Scavengers and their Rehabilitation Act, 2013.
NACDOR. (2019). All India Survey on Manual Scavengers. National Coalition for Dalit Human Rights.
SAFAI KARAMCHARI ANDOLAN. (2018). National Survey on Manual Scavenging. Retrieved from https://www.safai-karamchari- andolan.org/national-survey-on-manual-scavenging/