The Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013, was enacted to prohibit the inhuman practice of employing anyone as a manual scavenger. The Act also calls for identification of such workers and their rehabilitation by providing an alternative livelihood.
The Supreme Court had earlier given direction to the States to abolish the practice, after hearing a plea of Safai Karamchari Andolan, which sought strict implementation of the Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition) Act, 1993. With the intervention of the apex court in the issue, the 2013-Act was enacted. The punishment for employing manual scavengers is one-year imprisonment and a maximum fine of ₹50,000; and if the offence is repeated, the punishment will be two years of imprisonment and maximum fine of ₹1 lakh.
The punishment for employing any person for cleaning sewers or septic tank is two years in prison and a fine of ₹2 lakh; and for repeat offence, five years of imprisonment and a fine of ₹5 lakh.
However, there have been several instances of this practice have been reported even in recent times, which points out a lacuna in implementation of law. Rehabilitation through providing an alternative livelihood is yet to be achieved.
Though manual scavenging may not be practised in its true sense, sanitation workers still remove night soil from unclean toilets, diapers and sewage.
Recently, the Madurai Bench of the Madras High Court, hearing a public interest litigation petition seeking identification of manual scavengers for their rehabilitation, directed the Collectors of Madurai and Virudhunagar districts to file a status report.
The petitioner, advocate Sahaya Philomin Raj, sought identification of manual scavengers in urban and rural areas. Identity cards must be issued to them to facilitate rehabilitation.
In his petition, he said his organisation, Madurai Legal Awareness Coordination Committee, had identified 85 manual scavengers in Madurai district and 169 in Virudhunagar district, and their applications were sent to the district authorities for rehabilitation. But no steps were initiated.
He pointed out that the 2011-census indicated the presence of over 54,000 toilets where night soil was removed manually.
There were 769 houses in Virudhunagar district and 942 houses in Madurai district where night soil was removed manually by scavengers.
Speaking to The Hindu , he said there was total lack of awareness among both officials and the workers, and that the issue was not being addressed.
There were 44 types of protective gear recommended under the Act for sanitation workers. Mr. Raj said he was in the process of buying a set of all 44 items and displaying them to create an awareness of the protective gear.
He said Executive Officers and Block Development Officers must implement the Act by identifying such workers, a list be prepared and displayed at the office of the local bodies. An identity card should be issued to such workers.
In case the local body failed to identify a worker, then he could approach the local body and register the claim for identity card. So far the identification process had not been initiated and no such list prepared, said Mr. Raj.
The rehabilitation process includes an alternative livelihood, a one-time fund of ₹40,000, a housing site and fund to build a house with basic amenities, he said. T. Sasi Kumar, who works for Mr. Raj, said that the workers kept silent about the issue out of fear.
Advocate T. Lajapathi Roy said that the very first step of enumeration to identify the workers had not been carried out which had kept the other stages pending.
Even the Railways, one of the largest employers of sanitation workers, had not strictly adhered to the Act, he pointed out.
Advocate Alagumani said the fate of contract labourers was still worse as they never receive their payment in time.
The survey and monitoring committee had not made any headway in identifying the workers.
Representing the PIL moved by Mr. Raj, advocate Karunanidhi said that the officials have to be sensitised on the issue.
The rehabilitation has to be achieved to provide an alternative livelihood, he said.
