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Independence
Day
Special
Feature
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Background
Scavenging has been
an occupation imposed upon certain citizens of the country by the society,
which later on continued as a traditional occupation where a section of people
among Scheduled Castes was ordained to clean the night soil and carry it
manually on their heads. This class of citizens of India is known as Manual
Scavengers. Manual scavenging exists primarily because of absence of water
borne latrines. Using a broom, a tin plate and a drum, they clear and carry
human excreta from toilets, more often on their heads, to dumping grounds and
disposal sites. They are exposed to the most virulent forms of viral and
bacterial infections that affect their skin, eyes, limbs, respiratory and
gastrointestinal systems.Their children are also caught up in this quagmire.
Under these circumstances, it is almost impossible for their children to become
educated. Mostly, the women of the families of the scavengers are engaged in scavenging.
Even though, in modern times these people desire to leave the profession, their
social, economic, educational and cultural aspects have made it difficult for
them to find an alternate profession. The
social stigma of untouchability continues to stick, in one form or the other
largely because of the unclean nature of their occupation.
Government
Initiatives
In the past(before 1980), the main efforts of the Government were
concentrated on improving the working and living conditions of scavengers and
not the core problem of converting dry latrines to pour flush latrines in any
systemic manner. In 1908-81, the Ministry of Home Affairs took up the
Centrally Sponsored Scheme for Liberation of Scavengers by way of conversion of
existing dry latrines into low cost pour flush latrines and providing
alternative employment to the unemployed scavengers as one of the measures for
removal of Untouchability and providing financial assistance in selected
towns. A Task Force constituted by the Planning Commission in July 1989 on
the subject suggested for separate scheme for liberation and rehabilitation.
It also explored the bases for the enactment of certain legislation to ban
construction and continuation of dry latrines and prohibit the practice of manual
scavenging. In 1992, the scheme of ‘Liberation of Scavengers’ was bifurcated.
For conversion of dry latrines into water borne flush latrines, an ‘Integrated
Low Cost Sanitation (ILCS) Scheme, was started. The National Scheme for
Liberation and Rehabilitation of Scavengers and their Dependents (NSLRS)
was started for providing alternative employment to the liberated scavengers
and their dependents.
Taking into consideration the seriousness of the problem
and the requests of the State Governments, Parliament enacted the “Employment
of Manual Scavengers and Construction of Dry Latrines(Prohibition) Act, 1993”.
The Act, inter alia, provides that no person shall:-
(i)
engage
in or employ for or permit to be engaged in or employed for any other person
for manually carry human excreta; or
(ii)
Construct
or maintain a dry latrine.
Self Employment Scheme
for Rehabilitation of Manual Scavengers (SRMS), a successor scheme
to NSLRS, was introduced in January, 2007, as a scheme of national priority,
with the objective to rehabilitate remaining manual scavengers and their
dependents in alternative occupations, in a time bound manner. 18 States/UTs
had reported existence of 1,18,474 manual scavengers/dependents to be covered.
All these States/UTs confirmed disbursement of loan for alternative occupations
to all the 78,941 eligible and willing beneficiaries by June, 2010.
Nevertheless, there were
reports of existence of manual scavenging. The Houselisting and Housing Census,
2011 reported that there are about 26 lakh insanitary latrines in the country. Accordingly,
the Parliament passed the ‘Prohibition of Employment as Manual Scavengers
and their Rehabilitation Act, 2013’ (MS Act, 2013) which came into effect
from 6th December, 2013. This Act intends to, inter alia, achieve
its objectives to:-
i) Eliminate the
insanitary latrines.
ii) Prohibit:-
a) Employment
as Manual Scavengers
b) Hazardous
manual cleaning of sewer and septic tanks.
iii) Survey of Manual
Scavengers and their rehabilitation,
within a time
bound manner.
Main
features of the Act are:-
(i)
Definitions
of manual scavengers and insanitary latrines widened to cover not only dry
latrines but other insanitary latrines as well.
(ii)
Offences
under the Act are cognizable and non-bailable and attract stringent penalties.
(iii)
Vigilance/Monitoring
Committee at sub-Division, District, State and Central Govt. levels.
(iv)
National
Commission for Safai Karamcharis (NCSK) would, inter alia, monitor
implementation of the Act and enquire into complaints regarding contravention
of the provisions of the Act.
(v)
Provision
of construction of adequate number of sanitary community latrines in urban
areas, within three years from the date of commencement of this Act to
eliminate the practice of open defecation.
The
SRMS has also been revised in November, 2013 with the following major
modifications, in sync with the MS Act, 2013:-
(i)
Definition of
manual scavenger as per MS Act, 2013.
(ii)
Provision of
one time cash assistance of Rs. 40,000/-,
(iii)
Enhancement
of the maximum project cost from the existing Rs. 5 lakh to Rs. 10 lakh, and
Rs. 15 lakh in case of sanitation related projects.
(iv) Enhancement
of capital subsidy from the existing maximum Rs. 20,000 to maximum of Rs. 3.25
lakh, based on the project cost.
(v) Revision
of the rate of monthly stipend during training from the existing Rs. 1,000 to
Rs. 3,000 and the training period from 1 to 2 years.
So
far, 12 States have identified about 12,000 manual scavengers. In view of the
prevalence of large number of insanitary latrines, the number of manual
scavengers identified in the country is too small. Even the identification of
insanitary latrines is not in agreement with the data of Census, 2011.
Ministry
of Social Justice and Empowerment is responsible for rehabilitation of manual
scavengers and it implements the ‘Self Employment Scheme for Rehabilitation of
Manual Scavengers’(SRMS). Ministry of Social Justice and Empowerment has
associated reputed NGOs like Safai Karamchari Andolan, Rashtriya Garima
Abhiyan, Sulabh International etc. for identification of manual scavengers and
their rehabilitation.
The
Ministry has assigned the responsibility of rehabilitation of the identified
manual scavengers to the National Safai Karamcharis Finance and Development
Corporation. Under SRMS, so far, out of the identified about 12,700 manual
scavengers, One Time Cash Assistance of Rs. 40,000/- has been credited into the
bank accounts of about 6,600 manual scavengers. However, despite having an
attractive SRMS Scheme, the task of comprehensive rehabilitation of the
identified manual scavengers and their dependents is not picking up.
Ministry
of Drinking Water & Sanitation under its Swachh Bharat Mission(Gramin)
{SBM(G}provides for an assistance of Rs, 12,000/- (Rs. 9,000/- as Central
grant and Rs. 3,000/- State/UT contribution). Although SBM(G) also targets
identification of insanitary latrines and their conversion, the pace of
implementation of the Scheme does not match with the targets of eradication of
manual scavenging. Under SBM(G), so far 1.89 lakh insanitary latrines have been
identified, of which 1.56 lakh are dry toilets and 1.13 lakh have been
converted into sanitary latrines. About 0.55 lakh dry toilets are yet to be
converted into sanitary toilets.
Ministry
of Urban Development, under the Swachh Bharat Mission(Urban) provides a grant
of Rs. 4000/- for conversion of insanitary latrine. The provision of the
remaining fund for conversion will be made by the States/UTs.
Under
Indira Awas Yojana of the Ministry of Rural Development, there is provision for
providing assistance for construction of new houses and upgradation of kuchcha
or dilapidated houses. Assistance of upto Rs.75,000/- it provided to the
eligible households. A provision has been made under Indira Awas Yojana for
special coverage of identified manual scavengers for providing them housing
facilities in rural areas irrespective of their BPL status. The new Scheme of
‘Housing for All’ under the Ministry of Housing and Urban Poverty Alleviation
aims at providing housing facility to the citizens of India.
Under
the Scheme of “Pre Matric Scholarship to the Children of those engaged in
Occupations involving cleaning and prone to health hazards”, being implemented
by the Ministry of Social Justice and Empowerment, the children of manual
scavengers are also provided scholarship @ Rs. 110 to Rs. 700 per month.
The
Problems being faced in Elimination of Manual Scavenging
The
States/UT’s are slow in identification of insanitary latrines and manual
scavengers as there is no time-bound plan for identification of insanitary
latrines and manual scavengers. Further, in a case filed in the Supreme Court
of India, many States/UTs gave affidavit that there are no insanitary latrines
in their jurisdiction. Due to fear of contempt of the Court, they hesitate in
reporting existence of insanitary latrines in their States/UTs.
At present the work of conversion of insanitary
latrines into sanitary latrines is being attended to as a part of broad
programme of construction of toilets. There is a need to have a time-bound
approach as per the mandate of the MS Act, 2013, for conversion of insanitary
latrines.
Rehabilitation
of manual scavengers is also slow and in many cases not adequate due to various
problems being faced, which include:-
(i) Manual scavengers are
mostly illiterate and have no exposure to any work, other than sanitation
related work. Many of them are old. They lack confidence for running self
employment projects. Many of them are not willing even to avail any skill
development training.
(ii) Banks are hesitant
about providing loan to manual scavengers. Even many State Channelising
Agencies, due to low rate of recovery of loan from safai karamcharis, are not
willing to extend loan to manual scavengers.
Due to low confidence levels the identified manual
scavengers demand that they may be provided jobs of safai karamchari in local
authorities.
Roadmap
National Safai Karamcharis Finance and Development
Corporation, an apex Corporation for the socio-economic development of safai
karamcharis and manual scavengers and their dependents is the nodal agency of
Government of India for rehabilitation of the identified manual scavengers and
their dependents. The Corporation has adopted camp approach for mobilization
of the target group and readying them to avail the benefits of government
Schemes for their rehabilitation in alternate dignified occupations. So far,
such camps have been held at Bareli, Moradabad, Meerut, Lucknow, Roorkee,
Asansol, Bengaluru and Ratlam, and many more will be organized at other
places. In these camps, apart from the manual scavengers and their
dependents, various concerned departments of the State, training providers,
representatives of banks and NGOs are invited. All the stakeholders are made
aware of the benefits to be provided to the target group and motivated to provide
all possible cooperation and assistance for rehabilitation of manual scavengers
and their dependents.
With the camp approach, it is hoped that the goal of
meaningful and sustainable rehabilitation of the identified manual scavengers
would be achieved.
***
(This write up
has been provided by the Ministry on Social Justice and Empowerment)