The Union Government should urgently pass a legislation to tackle this disgrace to society. It must then without delay frame rules for effective and speedy implementation of the Act, so that the dignity of sanitary workers is upheld
In one of his most prescient speech in the Constituent Assembly on November 25, 1949, BR Ambedkar warned about the course of Indian democracy, when he observed: “On the 26th of January, 1950, we are going to enter into a life of contradictions. In politics we will have equality and in social and economic life we will have inequality…we shall, by reason of our social and economic structure, continue to deny the principle of one-man-one-value. How long shall we continue to live this life of contradictionsIJ”
The contradictions, especially in the socio-economic sphere, continue to persist, and in many respects have only aggravated. The iniquitous caste system is germane to many socio-economic evils including manual scavenging. Indeed, despite the enactment of The Employment of Manual Scavengers and Construction of Dry latrines (Prohibition) Act, 1993, the continuing obnoxious practice of engaging fellow human beings to clean human excreta is a blot on society and a matter of shame.
The Act deems the employment of scavengers and the construction of dry latrines to be an offence, punishable with a one-year imprisonment and a fine of `2,000, but reportedly, no one has been punished. In a public interest litigation filed in the matter in the Supreme Court, affidavits were filed on behalf of the State Governments concerned to inform that no manual scavenging was happening in their respective States.
The Government, therefore, was baffled when Census 2011 reported the existence of 26 lakh insanitary latrines in the country where night-soil is either being deposited in open drains or removed manually.
Realising the inadequacy of the Act, which was enacted under Article 252 of the Constitution with the concurrence of the States, the Government decided to bring a comprehensive and more stringent legislation to put an end to the pernicious practice of manual scavenging. The new Bill introduced in the lok Sabha in March 2012 and referred to the Standing Committee on Social Justice and Empowerment, states that no person, local authority or agency shall, after the commencement of the Act construct an insanitary latrine, engage or employ manual scavenger and, every insanitary latrine shall be demolished or converted into a sanitary one within nine months. Any offence committed under the Act shall be a cognisable and non-bailable offence.
The Bill, however, did not address the issue of open defecation which, according to the last Census, is practised by nearly 49.8 per cent of the population. The Government aims to tackle this problem through the Nirmal Bharat Abhiyan, under which 100 per cent sanitary latrines will be provided in the rural areas by 2022. Indian Railways too would do its bit by introducing environment friendly bio-toilets on all the trains by 2021-2022. The implementation of the Act would involve an estimated expenditure of `4,825 crore.
Though the Standing Committee has not found any fault with the provisions of the Bill, it has underscored the need for the entire Government apparatus to be revamped and strengthened, while emphasising the need for effective synergy between the Union and the State Governments on the issue. Besides, Indian Railways has a huge role to play considering the financial implications of introducing environment-friendly sanitary toilets and high pressure water jet cleaning of tracks.
The committee has stressed on the implementation of the rehabilitation package contained in Clause 13 of the Bill which is the soul of the law. It has recommended penal action against officers responsible for delay in providing the statutory financial aid and assistance including rehabilitation in dignified jobs after imparting necessary skills and training.
More significantly, the committee has recommended that the Nirmal Bharat Abhiyan and the Integrated low Cost Sanitation Scheme for people belonging to ‘below poverty line’ and ‘economically weaker section’ families be extended to all, for a swift end to this scourge.
Considering the financial and other assistance to be extended to the identified manual scavengers for their rehabilitation, the committee has cautioned against bogus claims that might be made by unscrupulous elements and to ensure that those working in the field do not re-employ the liberated scavengers or engage people in scavenging work at lower wages. The committee has stressed that wide and sustained publicity be given both in the print and electronic media to the provisions of the Act so that the law does not become a double edged-sword against the occupiers of insanitary latrines. Emphasis has also been given to the representation of women in the monitoring committees.
It is hoped that the Union Government will urgently pass the legislation and frame the necessary rules for effective and speedy implementation of the Act to uphold the dignity of sanitary workers who are mostly a product of the country’s iniquitous caste system.
(The writer is a Joint Secretary in the lok Sabha Secretariat)