ALRC-CWS-36-001-2017
18 August 2017
A Written Submission to the 36th Regular Session of UN Human Rights
Council by the Asian Legal Resource Centre
I
1. The Asian Legal Resource Centre (ALRC) wishes to draw attention of
the Human Rights Council to the continuing illegal and inhuman
practice of manual scavenging that exist in India.
2. Reports indicate that in the year 2017 there were 39 deaths, of
manual scavengers while at work due to the hazardous condition at
work. Seven of these deaths are from the national capital. The causes
for death include inhalation of toxic gases due to lack of safety
equipment such as masks, gloves, protective clothing etc. Such inhuman
working condition also leads to deaths of workers over a period of
time due to ailments and other infections these workers contact due to
exposure.
3. The prevalence of manual scavenging is despite the current
government’s flagship programme known as ‘Swacch Bharat Abhiyan’
(Clean India Mission) emphasizing on building toilets and sanitary
conditions especially in rural India. The scheme covers 4,041 towns
and aims to clean the streets, roads, and infrastructure of the
country.
4. The focus on building toilets however, has not significantly
reduced the number of manual scavengers or provided for their
rehabilitation. The Supreme Court of India has outlawed the practice
of manual scavenging since the past several years. In its judgment,
the Court had fixed the responsibility with the chief executive
officer (or equivalent authority) of civic bodies where the practice
is found to continue, be it a panchayat or a municipal corporation.
Ending manual scavenging in these institutions by demolishing dry
latrines, and stopping cleaners from entering sewers, is the primary
responsibility of the chief executive officer of the local body. By
failing to prevent manual scavenging, all these officers are currently
violating the Supreme Court’s judgment, with impunity.
5. To avoid responsibility for the existence of scavengers in their
respective states, the local bodies have roped in contractors who
employ manual scavengers. Through this, the state bodies have tried to
evade their responsibility with regards to complying with the
prohibition. This allows the state to officially declare that they no
longer employ manual scavengers. The contractors provide low wages,
guarantee no rights, and no safety gear is provided to the manual
scavengers they employ. As a result, those involved in scavenging
stand the risk of deaths and injuries and are simultaneously rendered
invisible and non-existent by the state.
6. The current estimates of manual scavengers are severely
underreported by various states. It is reported that India still has
2.6 million dry toilets but the number of manual scavengers are under
reported. For instance, as reported by various news websites and
organisations in India, in December 2015, the state of Telangana
reported 157321 dry latrines but zero manual scavengers. Himachal
Pradesh declared 854 dry latrines in the state but zero manual
scavengers, while Chandigarh reported 4,391 dry latrines but only 3
manual scavengers. These figures indicate that the state is
consciously engaged in misinforming about the number of manual
scavengers in their jurisdiction.
7. As per the government statistics in the Socio-Economic and Caste
Census held in 2011, approximately 182505 houses were dependent on
manual scavenging for their income. This practice continues despite
the passing of The Employment of Manual Scavenging and Construction of
Dry Latrines (Prohibition) Act in 1993 and a revised version of this
act in 2013 which emphasized on rehabilitation of those relying on
manual scavenging for their income.
8. The Socio-Economic and Caste Census highlighted the state of
Maharashtra as the worst offender regarding manual scavenging with
other states such as Karnataka, Uttar Pradesh, Tripura, Punjab as
states where the practice is still common. The 2013 Act on manual
scavenging includes within its ambit the manual handling, disposing or
otherwise handling in any manner human excreta. This definition must
be extended to include working in open sewers, septic sewers and
railways tracks.
9. States like Tamil Nadu, Kerala, Goa, Andhra Pradesh, Telengana,
Gujarat, Assam, and Manipur have engaged in such denial, repeatedly,
while numerous surveys of organizations like Garima Abhiyan and Safai
Karmchari Andolan expose the lies. Additionally, deaths have occurred
in the process of sewers being cleaned, which is a practice outlawed
by the Supreme Court. These deaths, across the country, have made news
from time to time prove that no Indian states can claim to be manual
scavenging free.
10. Manual scavenging continues in other ways, in the form of manual
cleaning of sewers, manholes, and others parts of urban sewage
treatment systems, practices that the Supreme Court is supposed to
have prohibited on 27 March 2014. The Asian Human Rights Commission,
sister organization to the ALRC, has consistently documented and
reported cases of sanitation workers dying while cleaning sewers. The
media has also been reporting on similar cases. And, yet, the
authorities continue to deny prevalence of these banned practices.
11. It is significant to note that the basic safety requirements for
those working on cleaning sewage and septic tanks are routinely
flouted. This results in long term diseases including skin infections
and respiratory diseases, none of which are officially documented or
followed through. In fact, it is difficult to find any official
statistics on the health impacts caused due to scavenging. The lack of
basic safety equipment and timely treatment in case of any disease is
a cause for serious concern.
12. Despite the 1993 prohibitiory Act and the 2013 Act, the rate of
convictions of those who employ manual scavenging is significantly
low. Apart from the state, for whom scavengers do not exist, the
public apathy towards manual scavenging needs to be highlighted. Many
houses continue to build septic tanks knowing that they can get them
cleaned by manual scavengers each month.
In light of this, the ALRC urges the Council to:
a) Ask the Government of India to begin a nationwide programme in
order to bring all Indian citizens under sanitation coverage,
irrespective of their socioeconomic status. The Government of India
needs to provide for rehabilitation of existing scavengers to other
professions. Such a measure would also address the stigma associated
with scavenging and the caste ramifications of scavenging as a
profession.
b) Ask the Government of India to implement the law that prohibits
manual scavenging. In addition, the Government of India needs to
commence a time bound demolition drive against dry latrines. There is
a need to implement the Supreme Court’s order on the same and ensure
prosecution of chief executive officers of local bodies continuing the
practice.
c) Ask the government to put an immediate end to the practice of
people entering manholes or sewers in order to clean them.
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The Asian Legal Resource Centre (ALRC) works towards the radical
rethinking & fundamental redesigning of justice institutions in Asia,
to ensure relief and redress for victims of human rights violations,
as per Common Article 2 of the International Conventions. Sister
organisation to the Asian Human Rights Commission, the ALRC is based
in Hong Kong & holds general consultative status with the Economic &
Social Council of the United Nations.
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