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30 Aug 2023
GS Paper 2
Social Justice
Day 39: Discuss the role of legislation and policy frameworks in addressing manual scavenging, evaluating the effectiveness of measures taken to eradicate this practice. (250 words)
- Start by giving a brief about the meaning of Manual Scavenging.
- Discuss the reasons for the prevalence of Manual Scavenging.
- Discuss the effectiveness of the policies and legislation to address it.
- Suggest some measures to conclude.
Answer:
Manual scavenging refers to the degrading task involving the clearance of human excrement from public areas, dry latrines, along with the cleaning of septic tanks, gutters, and sewers.
Reasons for the prevalence of Manual Scavenging:
- Caste-Based Discrimination: The National Commission for Safai Karamcharis (NCSK) reports that caste-based norms and discrimination force many individuals into manual scavenging as a generational occupation.
- Lack of Alternatives and Skills: A study by the National Human Rights Commission (NHRC) found that poverty and lack of alternative employment options contribute to the continuation of manual scavenging.
- Inadequate Sanitation Infrastructure: The Socio-Economic and Caste Census 2011 revealed that a significant number of households still depend on manual scavenging for cleaning toilets due to inadequate sanitation facilities.
- Ignorance and Social Stigma: A study conducted by WaterAid India highlights the lack of awareness and social stigma as barriers to the elimination of manual scavenging.
Role of Legislation and Policy Frameworks in Addressing Manual Scavenging in India:
- Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013 (PEMSR): The Act comprehensively bans manual scavenging, defines its various forms, and mandates rehabilitation measures for affected individuals.
- Effectiveness: Despite the Act's provisions, incidents of manual scavenging continue to occur due to challenges in identifying and rehabilitating all manual scavengers. In 2020, despite the ban, manual scavenging incidents were reported in various states, indicating the need for stronger enforcement.
- National Scheme for Rehabilitation of Manual Scavengers (NSRMS): The scheme aims to provide alternative livelihoods, skill development, and financial support to rehabilitate manual scavengers.
- Effectiveness: NSRMS has rehabilitated some manual scavengers by offering training in alternative professions. However, its reach remains limited due to challenges in identifying all affected individuals. Many former manual scavengers have been trained in trades like tailoring and driving under NSRMS.
- Mechanized Cleaning of Sewers and Septic Tanks: Mechanization aims to eliminate manual cleaning of sewers and septic tanks, reducing human exposure to hazardous conditions.
- Effectiveness: While mechanization has reduced direct human involvement, sporadic implementation and maintenance challenges persist. Cities like Bengaluru and Delhi have deployed sewer-cleaning robots to minimize human risk.
- Public Awareness Campaigns: Campaigns raise awareness about the dangers of manual scavenging, change societal perceptions, and encourage reporting of incidents.
- Effectiveness: Public awareness has led to increased reporting of manual scavenging incidents, highlighting the need for enforcement. Organizations like Safai Karmachari Andolan have been at the forefront of campaigns advocating for the rights of manual scavengers.
- Supreme Court Interventions: The Supreme Court has intervened to monitor the implementation of laws related to manual scavenging, ensuring compliance and rehabilitation.
- In 2014, the Supreme Court ordered the identification and rehabilitation of manual scavengers across India, emphasizing proper implementation.
- National Human Rights Commission (NHRC) Initiatives: NHRC monitors the enforcement of laws related to manual scavenging and takes suo-motu action on reported incidents.
- Effectiveness: NHRC's interventions have highlighted incidents of manual scavenging and compelled authorities to take corrective action.
- Focus on Sanitation Infrastructure: Policies emphasizing the construction of modern sanitation facilities aim to eliminate the need for manual scavenging.
- Effectiveness: Improved sanitation facilities reduce the need for manual scavenging but face challenges in reaching remote and underserved areas. Swachh Bharat Abhiyan promotes building toilets to eliminate open defecation and reduce manual scavenging incidents.
- International Conventions and Commitments: India's commitment to international conventions like the International Labour Organization's (ILO) Convention No. 183 reinforces its dedication to eliminating manual scavenging.
- Effectiveness: International commitments create a platform for advocacy, exchange of best practices, and international support. India ratified ILO Convention No. 183 in 2013, underscoring its commitment to addressing the issue at a global level.
In the fight against manual scavenging, transformative efforts shine as rays of hope. Organizations like Sulabh International replace outdated latrines with modern facilities, and Tamil Nadu empowers former scavengers through self-employment. Kerala's 'Bandicoot' app showcases technology's potential, while the National Safai Karam Charis Finance and Development Corporation drives socio-economic change.
Stringent penalties emphasize the legal system's resolve, and Punjab's Nasha Mukti Kendra's symbolizes resilience and positive contributions. These initiatives resonate with human rights and equity, envisioning a future free from manual scavenging, illustrating progress and human determination.