Legislation plays a pivotal role in addressing societal issues. The Prohibition of Employment as Manual Scavengers and their Rehabilitation Act 2013 is powerful legislation addressing social issues of hazardous cleaning of sanitation systems and ensuring the safety and well-being of sanitation workers. Hazardous cleaning refers to the manual cleaning of septic tanks and sewer lines by an employee without the employer fulfilling his obligations to provide protective gear and other cleaning devices and ensuring observance of safety precautions as may be provided in any other law. The Act insists using personal protective equipment and mechanisation of sanitation services to protect sanitation workers. However, the power of legislation lies also in the effective implementation of the key provisions and objectives outlined in the Act that prohibits hazardous cleaning by regulating the safe handling, transportation, and disposal of human excreta.

For effective implementation and driving meaningful change, legislation alone is insufficient, and it needs to be backed by social acceptance, economic competency and technological support. Innovations in sanitation service delivery is essential to develop cost-effective services for worker safety practices. By leveraging technology and entrepreneurship, we can improve efficiency, reduce risks, and protect the human health and the environment. The legislation sets the framework for safe practices, while innovation drives the development of new technologies and methods that enable us to meet these standards effectively.

How does legislation drive innovation in sanitation service delivery?

Legislation acts as a catalyst for innovation by setting standards and regulations that demand developing new solutions. When governments impose stringent laws regarding hazardous cleaning, industries must think outside the box and find innovative ways to comply with these requirements. Sanitation service delivery in India has seen some technological improvisations. However, most remain underutilised because of the reliance on manual labour. For example some of the rudimentary technologies used in hazardous cleaning included tools like bamboo sticks, a spade or iron rods for loosening the sludge followed by the manual entry of workers to collect the sludge/waste in buckets for removal. This practice exposed workers to life-threatening hazards, increased their mortality rate and lacked efficiency and effectiveness in achieving desired outcomes. A shift towards advanced technologies was imperative for the occupational health of sanitation workers and efficient sanitation service delivery.

Personal protective equipment (PPE) kits and masks emerged as crucial innovations to combat the risks of direct contact with human excreta. Originating as a response to the dangers faced by workers dealing with hazardous waste, these measures provided a much-needed shield. By introducing these essential tools, health and safety standards improved significantly, ensuring workers could execute their duties with reduced exposure to hazardous materials and enhanced protection for their well-being. However, in practice, using PPE gear has not received traction among sanitation workers due to lack of awareness and the inconvenience of use.

The legislative push towards safer hazardous cleaning has led to the creation of various innovative solutions. One shining example is the development of Bandicoot, an automated robot designed to clean sewers and septic tanks. It’s a game-changer, providing a safer and more dignified alternative to hazardous cleaning. Another notable innovation is the Sewer Croc, a multi-nozzle jetting solution that uses water pressure to clean sewers and effectively relieve sewage workers from the abhorrence of getting into manholes to clean them up. While these innovations provide solutions for the existing systems, Social Entrepreneurship provides sustainable newer solutions. With their innovative business models, social enterprises strive to provide sustainable solutions while addressing socio-economic disparities. They are addressing a societal issue and creating a ripple effect of positive transformations. Through such initiatives, innovation and entrepreneurship converge to create a holistic approach to tackle hazardous cleaning- grounded in respect for human rights and driven by the spirit of innovation. For instance, companies like Banka Bioloo and Eram Scientific Solutions provide sanitation solutions that diminish the need for hazardous practices. Banka Bioloo’s bio-toilets safeguard workers’ health and protect public health and the environment. They also allow workers to upskill and find employment in operating and maintaining these technologies.

However, the use of automated technologies and sustainable solutions can lead to the loss of livelihoods. In such situations, policies and schemes for skilling and rehabilitating the workers are also essential. Legislation isn’t just about setting rules, but also a springboard for innovation, pushing us to think out of the box and develop solutions that can transform lives and society for the better.

Determinants of successful implementation of PEMSRA, 2013

Identifying the limitations for implementing the legislation and innovations and exploring potential improvements are crucial for ensuring workers’ safety.

Some of the major limitations in implementing PEMSRA, 2013 include lack of awareness among the workers, inadequate provision of personal protective equipment (PPE) for workers, non-enforcement of the legislation by the urban local governments, lack of interest of the contractors in abiding to the provisions of PEMSRA 2013; untrained workers engaged in the sanitation service delivery operations, and weak innovation ecosystem.

Hazardous cleaning practices can be prevented, and workers’ safety can be improved by addressing these limitations, developing and implementing workers’ safety action plans, enforcing private sector compliance, and strengthening the innovation ecosystem.

Government and private organizations have begun to recognize the potential of these measures and innovations. The core focus of the government under Safai Mitra Challenges are mechanisation. Similarly, partnerships are emerging at the state and local levels to promote and implement social and technological innovations on a larger scale. Garima Scheme of Odisha and the launch of Mission Garima, a collaborative effort of the Municipal Corporation of Greater Mumbai (MCGM/BMC) and Tata Trusts to deploy mechanised sewer cleaning operations are all examples.

In conclusion, legislation and innovation are crucial in navigating hazardous cleaning towards a safer future. Their interconnection holds immense value in ensuring a safer environment for workers involved in hazardous cleaning and embodies a commitment to social justice. Innovation plays a significant role in this endeavour, offering new avenues for improving lives. By embracing innovative solutions and being open to policy changes, we can create a future where these practices are more effective, efficient, and, most importantly, safer for everyone involved. Let’s strive for a future where dignity and health are not compromised for livelihood.