Union, States duty-bound to the pledge to completely eradicate manual scavenging: Supreme Court

Recently, the Supreme Court held the Union and States duty-bound to the pledge to completely eradicate manual scavenging through the stringent implementation of the Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013.

Key Highlights

  • The court had taken judicial notice of the petition filed in 2020 by Balram Singh, which highlighted that people were still dying in sewers though the practice was banned with the introduction of the Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition) Act, 1993 and the Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013.
  • The apex court itself had reinforced the prohibition and directed the rehabilitation of people, traditionally and otherwise, engaged in the practice in its judgment in Safai Karamchari Andolan and others vs. Union of India.
  • The judgment had called for their “rehabilitation based on the principles of justice and transformation.
  • The court enhanced the compensation payable for sewer deaths to ₹30 lakh from the earlier ₹10 lakh. The court also enhanced Rs 20 lakh to those suffering permanent disabilities and Rs 10 lakh for other injuries.

Initiatives

  • The Prohibition of Employment as Manual Scavenger and their Rehabilitation Act 2013, which has come into force w.e.f. 06.12.2013, bans manual scavenging and hazardous cleaning of sewers and septic tanks.
  • Under Swachhta Udyami Yojana of NSKFDC, concessional loans are provided to safai karamcharis, manual scavengers & their dependants and the Urban Local Bodies & other agencies responsible for cleaning for procurement of sanitation related instruments/vehicles for complete mechanization of all cleaning operations.
  • Under Central Sector Self Employment Scheme for Rehabilitation of Manual Scavengers (SRMS) in addition to the manual scavengers, the sanitation workers and their dependants are also provided capital subsidy upto Rs. 5.00 lakh for procurement of instruments/vehicles for mechanized cleaning of sewers and septic tanks.
  • To tackle hazardous cleaning specially, the Government has formulated a new scheme called ‘National Action for Mechanized Sanitation Ecosystem’ (NAMASTE). It aims to: Formalization and Rehabilitation of Manual Scavengers (MS) and Persons Engaged in Hazardous Cleaning of Sewer and Septic Tank (SSWs). Promotion of safe and mechanised cleaning of sewers and septic tanks through trained and certified sanitation workers.
  • One-time Cash Assistance of Rs. 40,000/- per family has been provided to all identified and eligible 58098 manual scavengers.
  • Capital Subsidy upto Rs. 5,00,000/- has been provided to 2313 indentified manual scavengers and their dependents to take up alternate self employment projects.

Solution

  • The introduction of robotic machines alone cannot address the issue and more technological interventions are required. Those engaged in such operations should be provided adequate safety gear and training,

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