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Manual scavenging, a sign of prevalent casteism
India passed the Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition) Act in 1993 and Prohibition of Employment as Manual Scavengers and their Rehabilitation Act of 2013 both outlawing manual scavenging and dry latrines that necessitate manual scavenging.
Chennai
Hiring manual scavengers attracts punishment of imprisonment upto one year imprisonment and fine upto Rs 2,000. Yet, manual scavenging is prevalent in both urban and rural areas and the practice remains one of the most obvious and disturbing instance of casteism in the country.Â
Less than a week ago, a manual scavenger hired by a contractor working for the Chennai Metro Water died of asphyxiation after attempting to save a co-worker who complained of suffocation. This is one in a long list of reported deaths of manual scavengers due to horrifying working conditions. The High Courts and the Supreme Court has delivered judgments banning the use of manual scavengers, in addition to the laws passed by the Parliament. After the passing of these laws, the governments and local bodies deny the usage of manual scavenging. Local authorities conveniently employ contractors who often use manual  scavengers, and the local bodies turn a blind eye to the practice. According to the Socio-Economic Caste Census conducted in 2011, around 1,80,657 households are engaged in manual scavenging and depend on it for their livelihood. A significant majority of the manual scavengers are women and are paid below the minimum wage.Â
It is important to understand that those engaged in manual scavenging do not enter the same voluntarily. This is performed only by a sub-section of Dalits who are regarded as untouchables. They hail from the lowest economic and social rung in our societal hierarchy and continue to be socially excluded due to the prevalence of manual scavenging. The 2013 Act provides for rehabilitation of workers who are engaged in manual scavenging. However, due to State inaction in identifying manual scavengers, these programmes have not been initiated to the fullest extent. Funds allotted towards the same remain unused in the exchequer and lakhs of persons continue to work in such desperate conditions manually handling human excrement. Â
The Modi government’s flagship Swachh Bharat Abhiyan programme unfortunately has not helped the situation. Activists point out that the Swachh Bharat Abhiyan has perpetuated manual scavenging since it focused on building toilets without building up infrastructure required for the same. Instead of first providing modern sanitation infrastructure of sewage system and treatment plants, the programme provided funds to build toilets which have now been constructed as dry latrines that require manual scavenging. Article 21 of the Constitution of India guarantees to each citizen the right to life with dignity. Our Constitution also declares that untouchability is abolished. The unfortunate reality is that the State continues to deprive millions of its citizens the basic right to life with dignity and health by not taking more proactive measures to completely ban manual scavenging. Adding insult to injury, the State denies the existence of manual scavengers in order to escape accountability and show compliance with the law.  Â
— The writer is Senior  Advocate, MHC
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