This was developed by Ms. Falguni Lalwani during her period of internship at the Administrative Staff College of India

A critical reflection of India’s tTrajectory in protecting the sanitation workers’ safety, well-being and dignity

-Ms. Falguni Lalwani, BA in Economics, Media Studies and Political Science (Third Year Student), Christ University, Bengaluru

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The workers are given PPE gear twice a month, including a helmet, mask, jacket, gumboots, gloves, and face shield. This has empowered sewer entry professionals and reduced the uncertainties associated with their job. The workers are also paid an additional 6000INR as risk allowance apart from their salary of 12000 INR. The corporation also provides for their health insurance, conducts periodic health check-up programs under the e-Health services and covers their children’s education. The city also provides workers with groceries and other amenities every three months. The corporation has extended its benefits to informal and contractual workers as well.

Legislations

Most of the earlier interventions by the Government of India were schemes to prevent the construction of dry latrines and bring in legislation. For example, the low-cost sanitation for the liberation of scavengers (1980-81) was followed by the Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition) Act 1993. However, the law was not translated into action as effectively as it should. This was the first legislation which made manual scavenging a cognisable criminal offence. The National Commission for Safai Karmcharis came into being through this legislation and submitted a report on the implementation gaps of the legislation.

In 2013 the government passed the Prohibition of Employment as Manual Scavengers and their Rehabilitation Act. This Act differentiates between manual scavenging and hazardous cleaning and prohibits both. It also emphasises the mechanization of sanitation services, and the law was made stringent by imposing strict penalties, making the offence non-bailable and insisting on the provisions provision of providing safety equipment and gear for workers engaged in hazardous cleaning. However, the legislation was limited to the extent of hazardous cleaning being restricted to the use of PPE gear, limited availability of the financial resources with the ULBs and technological uptake by the ULBs. A 2018 National Safai Karamcharis Finance & Development Corporation report revealed that only about 53% of identified manual scavengers have been rehabilitated.

In 2020, the Prime Minister announced the Prohibition of Employment as Manual Scavengers and their Rehabilitation (Amendment) Bill. The bill proposed the complete mechanisation of sanitation services. However, it didn’t receive cabinet approval.

All these legislations are followed by some schemes, directives, advisories, ranking mechanisms etc., by the line Ministries; the Ministry of Social Justice and the Ministry of Housing and Urban Affairs.

Implementation strategies by GoI

In recent years, the Ministry of Housing and Urban Affairs has taken several initiatives to eradicate manual scavenging by providing advisories on workers’ safety and encouraging a healthy competition between the cities. The advisories regarding the formation of the Responsible Sanitation Authority, Emergency Sanitation Response Unit (ESRU) and some interventions. The advisories insist on the capacity and skill building of the Safai Mitras. Similarly, the Safai mitra Suraksha Challenge, and Safai Mitra Surakshit Shehr challenge are such healthy competitions in which the cities participate in ranking mechanisms for the best-performing city in Safai Mitra Suraksha..

In 2022, the Ministry of Social Justice launched the NAMASTE (National Action for Mechanized Sanitation Ecosystem) scheme. In the Union Budget of 2023-24, nearly 100 crores are allocated for enabling a hundred per cent mechanised desludging of septic tanks and sewer lines.

However, despite these efforts, the number of reported casualties in the sanitation service delivery is high. Challenges like inadequate identification of workers in the informal sector, lack of skilled and trained resources, lack of awareness, private sector non-compliance and lacklustre implementation of laws and directives prevent these initiatives from realizing their full potential. Hence, while the legal framework and government initiatives provide hope, their effectiveness needs thorough evaluation and improvement.

Overall, the government’s efforts to eradicate manual scavenging are a step in the right direction. However, focused and sustained efforts are needed for effective implementation and improvisation of the legislation and programmes.

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