The New Gas Chambers | Manual Scavenging

Anezka S
Sep 9, 2021
4 min read

Updated: Jan 15

Although the United Nations defines it as “the practice of manually cleaning, carrying, disposing or handling in any manner, human excreta from dry latrines and sewers,” the problem in India transcends beyond this definition as the caste system makes it a systematic way of oppression.

Source: Hindustan Times

“Sewers are gas chambers where manual scavengers are sent to die.” -Supreme Court of India

A sewer worker’s average life expectancy is 32 years. Very few survive the retirement age of 60. These numbers throw ample light on a complex problem of human rights violation, legal shortcomings, caste discrimination and denied human dignity- Manual Scavenging- which is still a grim reality in India. Although the United Nations defines it as “the practice of manually cleaning, carrying, disposing or handling in any manner, human excreta from dry latrines and sewers,” the problem in India transcends beyond this definition as the caste system makes it a systematic way of oppression. Even 74 years after Independence, Manual Scavenging remains the worst surviving form of exploitation.

The first problem begins with the lack of data and proper documentation. How many open & dry latrines are there? What is the total estimate of manual scavengers? What are the regional differences? These questions can be partially answered with the data at our disposal. However, they are believed to be highly understated.

Efforts to address this issue dates back to 1955 when the first law on this subject was passed, i.e. The Protection of Civil Rights Act. It prohibits compelling people to practice manual scavenging as the practice is based on the practice of untouchability, tied in with caste. The law reads- “Whoever compels any person, on the ground of "untouchability", to do any scavenging or sweeping...” [Source: Act, 1955]

38 years later, in 1993, came the ‘Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition) Act’. The definition of a Manual Scavenger here was limited to “a person engaged in or employed for manually carrying human excreta.” It also made the construction of dry latrines a punishable offence, but gave state governments the authority to make schemes and rules for its implementation. The latest law for this cause is the 2013 ‘Prohibition of Employment as Manual Scavengers and their Rehabilitation Bill.’

As rosy the situation looks on paper, things on ground are far from it. The entire legal framework around Manual Scavenging in India reeks of irony as the State itself remains the biggest defaulter. The 1993 Act didn’t include railway workers under the purview of Manual Scavengers. In reality, they constitute the biggest chunk of manual scavengers in India. The 2013 Act broadens the definition of Manual Scavengers to now include railway workers. But the entire purpose of the act is lost in the clause that permits the practice with the use of “protective gear.”

A convenient escape route becomes the lack of definition of this phrase. Add to that the nature of their employment; they are not hired by the Indian Railways but by contractors. So their names don’t come on the payrolls and proper data about their numbers, working conditions and salaries remains a far-fetched pursuit.

Source: India Times

In 2016, the Railway Ministry said “no” when asked whether they are the largest employer of Manual Scavengers. The “sweepers", as they are called to veil their identities as Manual Scavengers, earn around Rs. 200 per day, reports India Spend. The law itself allows them to brush off responsibility. If the Railways use safety gear and maintain toilets well, they can decide when they want to issue the notification on implementing the Act. Founder and National Convener of the Safai Karamchari Andolan, Bezwada Wilson, spoke to Firstpost in 2012 about the ‘role of laws’ in the dismal reality of Manual Scavenging. Turns out there is another facet to this problem. He says, “...because there is an Act, we can say it is illegal. If it is not illegal, on the basis of moral and cultural reasons, we cannot really eradicate or talk about untouchability. This problem is linked with untouchability…”

Al-Beruni, the Iranian traveller and scholar who came to India in 1030 A.D, writes, “The people called Hadi, Doma, Candala, and Badhatau are not reckoned amongst any caste or guild. They are occupied with dirty work, like the cleansing of the villages and other services. They are considered as one sole class, and distinguished only by their occupations.” [Source: Thozhilalar Koodam ] Not much has changed. Perhaps it begs the question- Why would one take up such a job? The answer lies in another question- Do they have a choice? The Valmiki subcaste of Dalits is the community to which majority of the Manual Scavengers belong. It’s a job they inherited.

There is no one institution to be held accountable. Organisations like India Jan Jagriti Aawahan Bahuuddeshiya Samiti and the Safai Karamchari Andolan are the only hopes for those stuck in the vicious cycle of caste-inherited occupations. While a stratified society is a necessary evil, simple reliefs like better working conditions and salaries can go a long way in securing Manual Scavengers the respect they are entitled to.