Eradicating Manual Scavenging - Social Issues | UPSC Learning

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Eradicating Manual Scavenging

Eradicating Manual Scavenging

Medium⏱️ 8 min read95% Verified
social issues

📖 Introduction

<h4>Understanding Manual Scavenging</h4><p><strong>Manual scavenging</strong> refers to the deeply inhumane practice of physically handling and cleaning <strong>human excreta</strong>. This often involves direct contact with waste from insanitary toilets, open drains, pits, or even railway tracks.</p><div class="info-box"><p><strong>Definition:</strong> <strong>Manual scavenging</strong> is the act of a person manually cleaning, carrying, disposing of, or otherwise handling human excreta in any manner, whether in an insanitary latrine or open drain or pit or on a railway track or in any other place.</p></div><h4>Current Status and Demographics</h4><p>Despite legal prohibitions, the practice of manual scavenging persists in India. Recent data highlights the continued presence of this issue across the nation.</p><ul><li>In <strong>2021</strong>, India officially recorded <strong>58,098 manual scavengers</strong>.</li><li>A significant majority, approximately <strong>75%</strong>, of these identified manual scavengers were <strong>women</strong>.</li></ul><p>Progress has been made in certain areas, with many districts reporting an end to the practice.</p><div class="info-box"><p><strong>Latest Data (as on 31st July, 2024):</strong> Out of <strong>766 districts</strong> in India, <strong>732 districts</strong> have officially declared themselves <strong>manual scavenging-free</strong>.</p></div><h4>Violation of Fundamental Rights</h4><p>The practice of manual scavenging is not only a social injustice but also a grave violation of fundamental human rights guaranteed by the Indian Constitution.</p><div class="key-point-box"><p>It directly contravenes <strong>Article 17</strong> of the Constitution, which mandates the <strong>abolition of untouchability</strong>. The historical association of manual scavenging with specific caste groups underscores this violation.</p><p>Furthermore, it infringes upon <strong>Article 21</strong>, which guarantees the <strong>Right to life with dignity</strong>. Engaging in manual scavenging strips individuals of their dignity and exposes them to severe health hazards.</p></div><h4>Legal Framework Against Manual Scavenging</h4><p>India has enacted robust legislation to prohibit manual scavenging and facilitate the rehabilitation of those involved in the practice. These laws aim to address both the prohibition and the social welfare aspects.</p><h5>The Prohibition of Employment as Manual Scavengers and Their Rehabilitation Act, 2013 (PEMSR Act, 2013)</h5><p>This comprehensive Act serves as the primary legal instrument against manual scavenging. It outlines clear prohibitions and mandates for rehabilitation.</p><ul><li><strong>Prohibition:</strong> The Act strictly prohibits the employment of individuals as <strong>manual scavengers</strong>.</li><li><strong>Infrastructure Mandates:</strong> It also prohibits the construction or maintenance of <strong>insanitary latrines</strong>. It further mandates the <strong>demolition or conversion</strong> of existing insanitary latrines into sanitary ones.</li><li><strong>Rehabilitation Measures:</strong> A crucial aspect of the Act is the provision for the <strong>identification and rehabilitation</strong> of manual scavengers. This includes offering <strong>skill development</strong>, providing <strong>financial assistance</strong>, and facilitating access to <strong>alternative employment</strong> opportunities.</li></ul><div class="exam-tip-box"><p><strong>UPSC Insight:</strong> Understand the dual focus of the <strong>PEMSR Act, 2013</strong>: <strong>prohibition</strong> (of employment and insanitary latrines) and <strong>rehabilitation</strong> (skill development, financial aid, alternative jobs). This is a key distinction for Mains answers.</p></div><h5>The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (PoA Act, 1989)</h5><p>This Act, while broader in scope, also addresses manual scavenging by protecting specific vulnerable communities.</p><div class="info-box"><p>The <strong>SC/ST (Prevention of Atrocities) Act, 1989</strong>, specifically <strong>criminalises the employment of Scheduled Castes</strong> in manual scavenging, recognizing the caste-based discrimination inherent in the practice.</p></div>
Concept Diagram

💡 Key Takeaways

  • Manual scavenging is the inhumane practice of physically cleaning human excreta, violating Articles 17 and 21.
  • Over 58,000 manual scavengers identified in 2021, with 75% being women, despite many districts being declared 'free'.
  • The PEMSR Act, 2013, prohibits manual scavenging and mandates rehabilitation through skill development and financial aid.
  • SC/ST (Prevention of Atrocities) Act, 1989, criminalizes employment of Scheduled Castes in manual scavenging.
  • Eradication requires robust legal enforcement, comprehensive rehabilitation, and addressing deep-rooted social stigma.

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📚 Reference Sources

The Prohibition of Employment as Manual Scavengers and Their Rehabilitation Act, 2013
The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989
National Human Rights Commission (NHRC) reports and discussions
Ministry of Social Justice and Empowerment data and initiatives