Introduction

The ugly and inhuman practice of manual scavenging continues to be a dark spot on the face of Indian democracy. Despite several provisions contained in the Constitution of India, including Articles 15(2), 17 and 23-24, this pernicious activity is still prevalent in many parts of the country. Moreover, since 1993, the relevant laws are existing to ban manual scavenging which entails the provision that the employers will provide 44 types of protective gear to labourers engaged in cleaning septic tanks and sewers. Yet, according to the Union Ministry of Social Justice and Empowerment's data, 443 workers died between 2018 and 2023, while performing this performing this hazardous task. This appears to be a conservative estimate. Private sources reveal more casualties. A field investigation by the national daily newspaper, The Indian Express, has revealed only one conviction for 75 sewer deaths in Delhi in the past 15 years. That clearly shows the enormity of the problem persisting in India.1 The most crucial factors responsible for this ignoble situation include, the poor and economically and socially backward status of the labourers involved, sustained refusal of the employers to provide them the protective gears as required, total apathy of the municipal staff towards their plight, and prosecution lapses during investigation. The failings are at multiple levels. Civil society’s role is lack-lustured in this regard. Before delving deep into the legal regime concerning manual scavenging, it would be worthwhile to cast a glance on some of such ghastly incidents of the recent past which are as follows-

Some Recent Incidents

1. October 2011: Three workers died while cleaning a private sewer in the Martin Purwa area of Lucknow;
2. May 2018: Four sanitation workers died while cleaning a sewer in Faridi Nagar, Lucknow;
3. March 2022: Two labourers died cleaning sewer lines in Sadatganj area of Lucknow;
4. May 2024: In the Wazirganj area of Lucknow, 2 sanitation workers, father and son duo, died cleaning a sewer line.2
5. May 2024: Two sanitation workers died while cleaning a septic tank in sector 26, Noida, U.P.3
6.  June 2024: Three labourers died in a tragic incident after they went down a private septic tank of a food outlet in Vrindavan, U.P.4
7. January 2025: Two workers cleaning manhole died in Patdi taluka of Surendranagar district in Gujarat.5
8. As per the Right to Information (RTI) report, over the past 15 years, a total of 94 people have died while cleaning sewers Delhi.6

Main Reasons Behind Continuance of the Manual Scavenging System

1. Many developed countries have redesigned their sewage system to allow mechanized cleaning of sewers. They also have probing machines and extractors for the work. But in India, workers are constrained to do the job manually, by repeatedly pushing a “"khapchhi” or a kind of bamboo stick through slit to clear it. Hanging buckets with the help of ropes are also in practice. They are not provided with helmets with lamps while working in depth of the working area.
2. Faulty planning is another grey area which makes the labourers clean sewers manually. Sewer lines are becoming longer in size with centralized Sewage Treatment Plants (STPs). Smaller sewer lines with decentralized STPs will reduce risk of clogging. The slope of the lines must be accurate. Also, the concrete sewers need to be lined with something smooth inside to aid the flow of the sewage. The sewers should be widened for easy operation of machines meant for lifting the sledge.
3. Lack of Awareness Among the Citizens: This is a common sight anywhere in the country that people throw all kinds of rubbish, including plastic material, tattered clothes, excreta and wooden articles, which tend to choke the sewer line or septic tank. If this is not done, the water will flow without any obstruction inside the sewer line.

Legal Regime to Deal With Manual Scavenging

Though there does not exist any clear-cut provision in the law to ban manual scavenging in India, the following laws deal with it:

1. The Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition) Act, 1993.

This Act declared the employment of manual scavengers and construction of dry latrines to be punishable with fines and imprisonment.

2. Since the said Act was not able to get the desired results, a new Act was enacted which is known as The Prohibition of Employment as Manual Scavengers and Their Rehabilitation Act, 2013.

This Act goes beyond the prohibitions on dry latrines, and makes all manual excrement cleaning of insanitary latrines, open drains, or pits illegal, making the violation punishable with an imprisonment of two years or with the fine which may extend to Rs. Two lakhs or both, and any subsequent contravention to be punishable with an imprisonment of five years and a fine of Rs.5 lakhs. It also envisages providing alternative livelihoods and other government assistance to the persons involved in this ignoble business of manual scavenging.

3. The Protection of Civil Rights Act, 1955

This Act prohibits compelling anyone to practice manual scavenging. It is aimed at specifically to end manual scavenging.

Significant Supreme Court Decisions

1. Safai Karmchari Sangh vs Union of India, Writ Petion (Civil) No.583 of 2003.

In this case, the apex court vide its decision dated 27.3.2014, has come up with elaborate and comprehensive guidelines in regard to eradication of the pernicious practice of manual scavenging.

2. Dr. Balram Singh vs Union of India, Writ Petition (Civil) No.No.324/2020.

This case was decided on 2nd November 2023 by the Supreme Court of India issuing a slew of directions to the Union and the State Government to ensure that the abhorrent practice of manual scavenging is totally put to an end by strict implementation of the Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013. A Bench comprising Justices S Ravindra Bhat and Aravind Kumar issued the following 14 directions:7

1. The Union should take appropriate measures and frame policies, and issue directions, to all statutory bodies, including corporations, railways, cantonments, as well as agencies under its control, to ensure that manual sewer cleaning is completely eradicated in a phased manner, and also issue such guidelines and directions as are essential, that any sewer cleaning work outsourced, or required to be discharged, by or through contractors or agencies, do not require individuals to enter sewers, for any purpose whatsoever;
2. All States and Union Territories are, likewise, directed to ensure that all departments, agencies, corporations and other agencies (by whatever name called) ensure that guidelines and directions framed by the Union are embodied in their own guidelines and directions; the states are specifically directed to ensure that such directions are applicable to all municipalities, and local bodies functioning within their territories;
3. The Union, State and Union Territories are directed to ensure that full rehabilitation (including employment to the next of kin, education to the wards, and skill training) measures are taken in respect of sewage workers, and those who die;
4. The court hereby directs the Union and the States to ensure that the compensation for sewer deaths is increased (given that previous amount fixed, i.e. 10 lakhs) was made applicable from 1993. The current equivalent Rs. of that amount is Rs.30 lakhs. This shall be the amount to be paid, by the concerned agency, i.e. the Union, Union Territory or the State as the case may be. In other words, compensation for sewer deaths shall be 30 lakhs. In the event, dependents of any victim have not been paid such amount, the above amount shall be payable to them. Furthermore, this shall be the amount to be hereafter paid, as compensation.
5. Likewise, in the case of sewer victims suffering disabilities, depending upon the severity of disabilities, compensation shall be disbursed. However, the minimum compensation shall not be less than Rs.10 lakhs. If the disability is permanent, and renders the victim economically helpless, the compensation shall not be less than Rs. 20 lakhs.
6. The appropriate government (i.e., the Union, State or Union Territories) shall devise a suitable mechanism to ensure accountability, especially wherever sewer deaths occur in the course of contractual or “outsourced” work. This accountability shall be in the form of cancellation of contract, forthwith, and imposition of monetary liability, aimed at deterring the practice.
7. The Union shall devise a model contract, to be used wherever contracts are to be awarded, by it or its agencies and corporations, in the concerned enactment, such as the Contract Labour (Prohibition and Regulation Act), 1970, or any other law, which mandates the standards-in conformity with the 2013 Act, and rules, are strictly followed, and in the event of any mishap, the agency would lose its contract, and possibly blacklisting. This model shall also be used by all States and Union Territories.
8. The NCSK, NCSC, NCST and the Secretary, Union Ministry of Social Justice and Empowerment, shall, within 3 months from today, draw modalities for the conduct of a National Survey. The survey shall be ideally conducted and completed in the next one year.
9. To ensure that the survey does not suffer the same fate as the previous ones, appropriate models shall be prepared to educate and train all concerned committees.
10. The Union, State and Union Territories are hereby required to set up scholarships to ensure that the dependents of sewer victims, (who have died, or might have suffered disabilities) are given meaningful education.
11. The National Legal Service Authority (NALSA) shall also be part of the consultations, toward framing the aforesaid policies. It shall also be involved, in coordination with state and district legal services committees, for the planning and implementation of the survey. Furthermore, the NALSA shall frame appropriate models (in the light of its experience in relation to other models for disbursement of compensation to victims of crime) for easy disbursement of compensation.
12. The Union, State and Union Territories are hereby directed to ensure coordination with all the commissions (NCSK, NCSC, NCST) for setting up of state level, district level committees and commissions, in a time bound manner. Furthermore, constant monitoring of the existence of vacancies and their filing up shall take place.
13. NCSK, NCSC, NCST and the Union government are required to coordinate and prepare training and education modules, for information and use by district and state level agencies, under the 2013 Act.
14. A portal and a dashboard, containing all relevant information, including the information relating to sewer deaths, and victims, and the status of compensation disbursement, as well as rehabilitation measures taken, and existing and available rehabilitation policies shall be developed and launched at an early date.

Justice Bhat further observed that "If you have to be truly equal in all respects, the commitment that Constitution makers gave to all sections of society by entrenching emancipatory provisions such as Articles 15(2), 17 and 23, each of us must live up to its promise. Union and States are duty bound to ensure that the practice of manual scavenging is completely eradicated. Each of us owe to this large segment of population, who have remained unseen, unheard and muted, in bondage systematically trapped in inhuman conditions. The conferment of entitlements and placement of obligations upon the Union and States through the express prohibitions in the Constitution and provisions of the 2013 Act mean that they are obliged to implement the provisions in the letter and spirit.”8

Implementation of the Law: Delhi's Realty Check

On December 1, 2024, a report was published in a reputed national daily, The Indian Express, which was based on the information gathered through RTI. It revealed that in the last 15 years, 38 cases were filed in connection with 75 sewer deaths out of 94. No records could be found in regard to the rest of 19 deaths. Out of these only nine cases have been disposed of in court, accounting for a total of 19 lives. They include one conviction, acquittal in two cases, two cases quashed by the High Court, a case of compromise, one closure report, and two cases in which the accused could not be traced as per the police version. The police have not yet challenged the acquittal orders in a High Court. These 94 people have died in the last 15 years. This report card is nust shabby and speaks volumes about the state of affairs prevailing in regard to eradication of manual scavenging.

According to records, many of the remaining cases are pending in various Delhi courts for reasons enumerated below:

1. In at least three cases, the police apprised the court about the non-traceability of the accused.
2. In at least two cases, the investigators were not able to obtain the address of the witness.
3. In at least five cases, witnesses or investigating officers failed to appear regularly in court.
4. There are at least five cases in which the police have not yet completed the investigation, and the charge sheet has not been filed.
5. In some other cases, the court observed that it could not complete the hearing due to lack of staff and cited non-cooperation of senior police officials.

Delhi ranks fifth (116) on the sewer deaths count nationally since 1993 when a ban was issued on the practice of manual scavenging.9

Conclusion

Manual scavenging is a blot on the civilized, progressive and evolving social structure in India. This pernicious and abhorrent practice is still thriving with impunity in the computer age. Though the laws have been enacted to ensure its eradication, and several judgments of the High Courts and Supreme Court have pronounced its death knell, no specific ban has been imposed through the specific legal provisions. This is indeed, ironic. Instead, the law provides that at least 44 safety equipment must be supplied to the workers or labourers engaged in cleaning the sewer lines or septic tanks. But in practice, the situation is otherwise. Neither the work contractor nor the concerned local body care to fulfill the legal necessity. Moreover, no proper contract letter or written orders are given to the workers which could enable them or their families to make proper claims in a court of law. Even the records are shabbily maintained as we have seen in the case of the Indian Express investigation recently where the work records in many cases were not available in the municipal office record rooms. Lastly, the process of criminal investigation is, in the least, lethargic and nobody seems to be accountable for leading the case to its logical conclusion. The Supreme Court guidelines are not being followed in the letter and spirit. The practice of manual scavenging is violative of several provisions of the Indian Constitution which needs an urgent redressal. The mechanization of sewer lines cleaning is still a distant dream and the bottlenecks in the process are still unresolved. Unless all these issues are taken care of in the right spirit and a firm commitment is shown by the lawmakers, the situation is not going to change in near future. This is the time to act in the interest of the poor, uneducated and socially backward people who are seeking the way to emancipation from the bonds of age-old slavery.

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Reference:

1. Editorial, The Indian Express, Dec 3, 2024.
2. HT Correspondent, No lesson learnt, father-son duo dies cleaning sewer line, Hindustan Times, May 2,2024.
3. Express News Service, 2 sanitation workers die cleaning septic tank, at Noida Home, The Indian Express, May 5, 2024.
4. HT Correspondent, Three die inside septic tank in Vrindavan, Hindustan Times, Jun 9,2024.
5. Express News Service, Gujarat: Two workers cleaning manhole die, contractor arrested, The Indian Express, Jan 22, 2025.
6. Dheeraj Mishra, Delhi's dirty secret: For 75 sewer deaths over 15 years, only 1 conviction, The Indian Express, Dec 1,2024.
7. 2013 LiveLaw (SC) 917.
8. Ibid.
9. Dheeraj Mishra, Delhi's dirty secret: For 75 sewer deaths over 15 years, only 1 conviction, The Indian Express, Dec 1,2024.