Manual Scavenging Ban: Implementation Gaps and Legal Updates
- ByAdmin --
- 26 May 2025 --
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Manual scavenging—the practice of manually cleaning, carrying, or disposing of human excreta from dry latrines, sewers, or septic tanks—has long been a grave human rights and public health issue in India. Despite legislative efforts spanning decades to eradicate this inhumane practice, significant implementation gaps persist. The year 2024 has seen critical legal developments aimed at strengthening enforcement, addressing systemic failures, and protecting the dignity and rights of manual scavengers. This article examines the recent legal updates and persistent challenges in the fight against manual scavenging.
Legislative Framework
- Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013 (PEMSR Act): The primary law banning the employment of manual scavengers and mandating rehabilitation, including skill development and alternative livelihood schemes.
- Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition) Act, 1993: The earlier law prohibiting manual scavenging and dry latrines, largely superseded by the 2013 Act.
- Article 21 of the Constitution of India: Guarantees the right to life and dignity, forming the constitutional basis for banning manual scavenging.
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989: Protects manual scavengers, who are often from marginalized communities, against discrimination and violence.
Recent Legal Updates in 2024
- Supreme Court Directives on Enforcement: In a significant 2024 ruling, the Supreme Court reiterated the zero-tolerance policy towards manual scavenging, directing all states and Union Territories to submit quarterly compliance reports on identification, rescue, and rehabilitation of manual scavengers. The Court emphasized strict monitoring of municipal bodies and sanitation departments, ordering penalties for non-compliance.
- High Court Interventions: Several High Courts, including the Delhi High Court and Bombay High Court, have issued suo motu or PIL-based directions to improve data transparency and ensure funding is properly utilized for rehabilitation programs. The courts have also demanded creation of grievance redressal mechanisms specifically for manual scavengers.
- Expansion of Rehabilitation Measures: Recent amendments proposed in certain states include expanding vocational training options and integrating manual scavengers with urban livelihood missions. This aligns with the Supreme Court’s emphasis on dignified rehabilitation rather than mere prohibition.
Persistent Implementation Gaps
- Inadequate Identification and Data Deficiency: Many manual scavengers remain unregistered due to stigma, fear of retaliation, or administrative lapses. Without accurate data, rehabilitation and prevention efforts remain fragmented.
- Continued Existence of Dry Latrines and Unsafe Sanitation Practices: Despite legal prohibition, dry latrines and manual cleaning persist in rural and urban slums, especially in smaller towns lacking proper sanitation infrastructure.
- Weak Enforcement and Accountability: Municipal corporations and contractors often evade responsibility, with poor monitoring and lack of penalties leading to continued employment of manual scavengers.
- Social Stigma and Discrimination: Manual scavengers, predominantly from Scheduled Castes, face entrenched social discrimination which hampers their rehabilitation and access to alternative livelihoods.
Judicial Observations and Recommendations
- Strict Enforcement Mandate: Courts have underscored that banning manual scavenging is not only a legislative mandate but also a constitutional imperative under Article 21’s right to dignity and life.
- Role of Local Authorities: Municipal bodies and urban local governments must actively eliminate dry latrines and promote mechanized cleaning technologies as mandated under the 2013 Act.
- Rehabilitation Beyond Financial Assistance: Judicial pronouncements stress holistic rehabilitation encompassing skill training, education, housing, and healthcare, with periodic impact assessment.
- Community Participation and Awareness: The judiciary has highlighted the need for awareness programs involving civil society and local communities to reduce stigma and encourage reporting of violations.
Government and Policy Responses
- National Action Plan: The Ministry of Social Justice and Empowerment continues to roll out targeted schemes for identification, rescue, and skill development of manual scavengers, backed by increased budgetary allocations.
- Technology Adoption: Several municipalities are piloting mechanized cleaning technologies and sewer robots to eliminate manual intervention, in line with Supreme Court directions.
- Grievance Redressal Portals: Online platforms have been introduced for manual scavengers to report violations, ensuring anonymity and protection from retaliation.
Challenges Ahead
- Coordination Across Agencies: Effective implementation requires seamless coordination among urban development authorities, municipal corporations, police, and social welfare departments.
- Addressing Informal Employment: Many manual scavengers work under informal contracts or through intermediaries, making enforcement difficult.
- Ensuring Sustained Political Will: Continued vigilance and proactive governance are needed to prevent backsliding and ensure policy continuity.
Conclusion
While legal frameworks banning manual scavenging in India are robust and judicial interventions have become more assertive in 2024, significant implementation gaps remain. Eradicating manual scavenging demands a multi-pronged approach that includes rigorous enforcement, comprehensive rehabilitation, technological modernization, and social empowerment. The judiciary’s evolving jurisprudence continues to reinforce the constitutional commitment to dignity and human rights, pressing the government and society to translate legal mandates into lived realities for marginalized communities.
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