Social Inclusion of Manual Scavengers: New Delhi, 21 December 2012

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Empowered lives.

Resilient nations.

Social
Inclusion
of Manual
Scavengers

A REPORT OF
National Round Table Discussion
Organised by
United Nations Development Programme and
UN Solution Exchange (Gender Community of Practice)

New Delhi, 21 December 2012

Solution Exchange is an initiative of United Nations agencies in India. The Gender Community of Practice is cofacilitated by UNICEF and UN Women.
Report prepared by Solution Exchange Gender Community. The Gender Community would like to thank Ms. Pooja
Sharma for her rapporteuring and the Water Community of Solution Exchange for their supportive role during the
National Round Table. The Water Community is facilitated by UNICEF.
Disclaimer:
The views in the publication are those of the authors and do not necessarily reflect those of the United Nations
Development Programme.
Copyright UNDP India 2012. All rights reserved.
Photo Credit: Jan Sahas - Rashtriya Garima Abhiyan, Bhopal, Madhya Pradesh and UNDP

Empowered lives.
Resilient nations.

Social Inclusion of

Manual Scavengers

Report of the
National Round Table Discussion
Organised by
United Nations Development Programme
and
UN Solution Exchange (Gender Community of Practice)
New Delhi, 21 December 2012

Social Inclusion of Manual Scavengers

Contents

I. Introduction
II.

III.

IV.

National Round Table Discussion Session 1


Social Inclusion of Manual Scavengers

Stories of Change Session 2


Experiences of Liberated Manual Scavengers & Organisational Initiatives

10

Moving Forward Session 3


The Draft Bill 2012 & Select Recommendations

16

V. Conclusion

21

Annexure
List of Participants

22

I. Introduction

1.1

The Prohibition of Employment as Manual Scavengers and their Rehabilitation Bill, 2012" was
introduced in the Lok Sabha on September 3, 2012 by the Honble Minister of Social Justice
and Empowerment, Government of India.1With a view to eliminate manual scavenging
and insanitary latrines and to provide for the rehabilitation of manual scavengers -the Bill
proposed a multi-pronged strategy consisting of legislative and programmatic interventions.

1.2

Three aspects are essential to understand and address the plight of Manual Scavengers.
These include: their Identification, Liberation (liberation from the dehumanizing task) and
Rehabilitation. All three require dedicated time, commitment and resources and in no way
are easy to accomplish tasks, as the proposed Bill has also underlined.

1.3 In light of the much-acclaimed Bill, a National Round Table (NRT) Discussion was organized
by the United Nations Development Programme India in collaboration with the Solution
Exchange for the Gender Community and the Water Community2 on 21 December 2012 at
the UN Conference Hall, New Delhi. The Round Table was meant to further draw attention
to the plight of manual scavengers with specific focus on their rehabilitation including
alternative livelihoods.
1.4

By bringing together practitioners/representatives of organisations, from across the


country, working with manual scavengers and issues affecting them, the NRT aimed to
chalk out effective strategies or opportunities to ensure alternative livelihoods and proper
rehabilitation; identify legal or other programmes that ensure a dignified life for manual
scavengers; and come up with some tangible steps that can feed into policy processes and
thereby help to alleviate the plight of manual scavengers. (For List of Participants, refer to
Annexure)

1.5 It was hoped that some of the tangible steps suggested on the basis of the NRT discussions
will inform the rules of implementation of the proposed Bill in terms of eliminating manual
scavenging and the rehabilitation of manual scavengers. The deliberations at the round
table benefitted immensely from sharing of initiatives by different organisations as well as
experiences by several liberated manual scavengers.

On September 9, 2012, the Bill was referred to the Parliamentary Standing Committee on Social Justice and Empowerment. For
reference, a copy of Draft Bill is available at ftp://ftp.solutionexchange.net.in/public/gen/resource/Bill_No_96_2012.pdf (PDF; 1.46 MB)
2
Solution Exchange (SE) is a joint knowledge management initiative of all the United Nations (UN) agencies in India to facilitate the
work of development practitioners. Know more about SE at http://www.solutionexchange.net.in/
1

National Round Table Report 2012

II. National Round Table Discussion


Session 1
Social Inclusion of Manual Scavengers
2.1

The inaugural session of the National Round Table Discussion began with a briefing on the
expected nature of the Round Table by Dr. Malika Basu, Resource Person and Moderator,
Gender Community UN Solution Exchange (UN-SE). Welcoming the participants, Dr. Basu
mentioned that this was the first time the UN-SE was facilitating a round table to address
the plight of the manual scavengers. The specific objectives of the Round Table was to
encourage deliberations among practitioners who were either from the manual scavenging
community or were closely working with the community and/or were part of any planning/policy
processes related to manual scavengers. The discussions, she hoped, would elicit actionable
recommendations.

2.1.1 As The Prohibition of Employment as Manual Scavengers and their Rehabilitation


Bill, 2012 introduced by the Government was being analysed by various stakeholders, the
Gender Community of Solution Exchange as part of its knowledge management work, felt
the need to review the Bill, especially since majority of manual scavengers were women. A
Round Table discussion with the key stakeholders would help review the Bill from an overall
development and gender perspective, put forth any critical concerns regarding any of its
provisions particularly rehabilitation and livelihoods of manual scavengers, and propose a
few tangible suggestions for policy makers to consider.
2.1.2

Explaining the Structure of the Round Table, Dr. Basu explained that it would be divided
into three sessions. The First Session the inaugural session, will provide a background to
the current situation of manual scavengers in India. The Second Session will be dedicated
to Stories of Change, wherein different organisations would highlight their initiatives that
has facilitated emancipation of manual scavengers, and liberated manual scavengers would
highlight their experiences in bringing changes in their lives. The Final Session, drawing from
the learning and experiences of different organisations and liberated manual scavengers as
highlighted in the second session, would focus on recommendations made in the light of
the proposed Bill.

2.2

Opening Remarks by Ms. Mona Mishra, Executive Officer, UNDP India: Ms. Mona Mishra,
UNDP India, who has worked extensively on human rights issues and issues affecting the
marginalized including women, was invited to make some opening remarks that formally
opened the floor for discussion. Ms. Mishra, sharing her views on the issue of Manual
Scavenging, pointed out that it had been a part of Indian society for a very long time.
Though the first Act against Manual Scavenging was passed in 19933, yet issues affecting
manual scavengers have not been fully addressed till now. Amartya Sen, one of Indias
famous economists, has said India is a country with a lot of patience. Ms. Mishra noted,
in the context of Manual Scavenging, the question arises,What should one be patient
about? What have we chosen to be patient about? She urged that as development

3
The Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition Act), 1993; hereafter referred in this document as
The Manual Scavengers Act, 1993. For reference, the Act can be viewed at http://labour.nic.in/upload/uploadfiles/files/ActsandRules/
LabourWelfare/TheEmploymentAct1993.pdf (PDF; Size: 73 KB)

Social Inclusion of Manual Scavengers

professionals we should not be patient about the issue which concerns the fundamental
dignity of human beings. The Indian Prime Minister too has categorically taken cognizance
of this inhuman practice, calling it a blot on the Indian society4.
2.2.1

Ms. Mishra further pointed out that though many initiatives have been taken by civil society
organisations as well as the Government but the issue of MS has not been tackled effectively.
If the past efforts have failed to get the maximum results then there is a need to have
new strategies to accelerate the process of change. The new approach regarding the
Manual Scavengers should get the support of both the NGOs and the Government. One
of the major accomplishments no doubt has been the passing of the Manual Scavengers
Bill in 2012 by the Union Cabinet. This was possible due to the collective pressure by NGOs.
Ms. Mishra also highlighted the importance of the UN Solution Exchange as a knowledge
platform to take the issue ahead with the Government bodies. On behalf of the leadership
of UNDP, Ms. Mishra expressed that UNDP is fully committed to the rights of the excluded
groups, dalits and the marginalized as well as the rights of women. She concluded with a
special thanks to the participants for attending the NRT. She urged the participants to share
their experiences and come out with actionable suggestions as well as recommendations.

2.3

Ms. Mishras opening remarks were followed by the screening of snippets from a Film
Manual Scavengers: The Dirty Picture.5 The snippets were shown to present the stark
realities and the dismal conditions in which Manual Scavengers find themselves, and the
challenges they continue to face.

2.4

The Plight and Status of Manual Scavengers in India An Overview: Mr. Wilson Bezwada,
National Convener, Safai Karmachari Andolan (SKA) was invited to give an overview

Conference of the State Welfare and Social Justice Ministers, Delhi, 17 June, 2012
The Film Part 1 and Part 2 - can be viewed at http://www.ndtv.com/video/player/india-matters/manual-scavengers-the-dirtypicture/236176 (Part I); and at http://www.ndtv.com/video/player/india-matters/manual-scavengers-the-dirty-picture-part-2/237013
(Part 2)

4
5

National Round Table Report 2012

Manual Scavengers: The Dirty Picture


Key Highlights
The percentage of women engaged in Manual Scavenging is more than men; around 95%
engaged in Manual Scavenging are said to be women
Manual Scavengers face social, political and economic discrimination
They are not allowed to enter places of worship; or access basic services

of the plight and status of the Manual Scavengers in India. Thanking the UN agencies, in
particular UNDP and ILO; and the Solution Exchange Gender Community for organizing the
Round Table, Mr. Bezwada said he welcomed every move, which was directed towards the
eradication of the Manual Scavengers. He noted that it was difficult to disclose the identity of
a Manual Scavenger or his son/daughter because of the undignified manner the society (non
verbally) reacted or was likely to react. He shared that though he had himself never picked
a broom and bucket to clean in his life, yet people related his identity to that of a Bhangi.
There is discrimination for individuals who have never done this work but are/were related to a
Manual Scavengers family. Though Manual Scavenging is a form of work; the society has
coined many disgraceful words to describe a Manual Scavenger (in India) such as -Bhangi,
harijan and chamar.
2.4.1 Mr. Bezwada however acknowledged one positive change which was taking place
there was now more space given to address the plight of manual scavengers and manual
scavenging as a social issue. The Government of India has been having serious dialogues
with civil society organisations. Mr. Bezwada highlighted a set of issues that he considered
pertinent for a discussion on Manual Scavengers in India. These included:
Census data available in the country on Manual Scavengers is not accurate. There is
thus a need for a more a systematic survey on Manual Scavengers in all States and Union
Territories, which will help to clearly bring out the number of people engaged in this
occupation.

There is a difference between the issue of Manual Scavenging and Insanitary


Latrines; both should not be linked. The former is a human dignity issue and the latter
is a sanitation issue. Sometimes political parties fail to make a distinction between the
two. Manual scavenging is a caste, human dignity and a gender problem which many times
is treated as a sanitation issue!

No individual has been punished under The Manual Scavengers Act, 1993. In 19 years,
there is no actual evidence with the Government to punish anyone under this Act. (Mr.
Bezwada shared that about 15,000 photographic evidences were submitted by SKA to
the Supreme Court;a single person is yet to be punished)

In the The Prohibition of Employment as Manual Scavengers and their Rehabilitation


Bill, 2012 especially with regard to the provisions of the Vigilance Committees, the
communitys involvement is vital.

Social Inclusion of Manual Scavengers

In the proposed Bill 2012, a clause on compensation,to be given at the time of any
injury or mishap to sewage worker, is required.

The National Scheme of Liberation and Rehabilitation of Scavengers and their


dependents (NSLRS)6: There is no information on the money which has been spent
under this scheme. There are reports from some states of severe under utilization of
funds. In about 646 districts across India, the District Magistrates/District Collectors
have not been able to disburse money under this scheme. Such under utilization of the
scheme calls for a debate in the Parliament.

The Government officials such as District Collectors should be held accountable for the
situation of Manual Scavenging in their districts. If the situation demands, they should
be penalised.

Monitoring Committees at the State Level should be under the Chief Ministers
Chairmanship; at the central level, it must be under the Prime Ministers Chairmanship.

It has been challenging to work with the local bodies; through the support of agencies
such as UNICEF, UNDP there is more scope of dialogue with the local bodies.

2.4.2

Mr. Bezwada also opined that the civil society needed to be more inclusive of the manual
scavenging community. He had on several occasions, proposed to TV channels to feature
a live telecast on the issue of Manual Scavenging. However, the media has not been very
receptive of his request and so far, there has not been any direct live telecast on this issue
from any State. Mr. Bezwada concluded by saying that as stigma attached to the identity
of a manual scavenger did not allow the other members of the family to live with dignity,
rehabilitation was important not only for the Manual Scavengers but for their families,
and for the whole community at large.

2.5

Special Remarks by Mr. Coen Kompier, Senior Specialist International Labour


Standards, ILO Decent Work Team for South Asia: Among the UN agencies, ILO had
recently facilitated a National Consultation in Gujarat to understand the major issues
impacting the manual scavengers community. Invited to speak on the occasion, Mr. Kompier
drew attention to the ILO Conventions;once a Convention has been ratified by a particular
country, the Government of that country is obliged to report on its progress. India has
ratified the ILO Convention No. 111, which deals with Discrimination in Respect of
Employment and Occupation.7

2.5.1

Mr. Kompier noted that ILOs involvement with the issue of manual scavenging was entirely
the result of complaints by two Trade Unions in India,which had been reporting on the fact
that manual scavenging was operational in few areas. Therefore, ILO, on the basis of these
complaints, has treated manual scavenging as an issue, where discrimination on the basis of
social origin exists. Mr. Kompier also shared that during an International level conference in
Geneva, manual scavenging was discussed on a large scale as a caste based issue. Grant
thereafter was given to ILO in India and on the basis of this small grant ILO selected a few

NSLRS Centrally Sponsored Scheme; launched by Government of India in March, 1992 to provide alternate employment to the
scavengers and their dependents. Under NSLRS the scavengers and their dependents are trained in trades of their aptitude which can
provide them alternate employment.
7
The convention requires States to enable legislation which prohibits all discrimination and exclusion on any basis including race,
colour, sex, religion, political opinion, national or social origin in employment and repeal legislation that is not based on equal
opportunities.
6

National Round Table Report 2012

partners locally to work on the issue. ILOs stand on the issue of manual scavenging, Mr.
Kompier noted was that of Discrimination in Occupation.
2.5.2

Mr. Kompier also noted that different UN agencies had taken different entry points as far as
the issue of manual scavenging was concerned. UNICEF has taken manual scavenging as
a water and sanitation issue; World Health Organisation (WHO) has taken it up as a health
issue. UNDP has set up a special task force on the issue of rights of the Scheduled Caste/
Scheduled Tribes. UN Women has also come on board to address manual scavenging based
on the fact that 95% of the manual scavengers were women. ILO facilitated a National
Consultation in Gujarat at the Indian Institute of Management to gather understanding on
some of the major issues affecting the manual scavengers community as the State has a
formal position that denies the presence of manual scavengers in the state.

2.5.3 Mr. Kompier clearly highlighted that ILOs entry points cannot be social issues (e.g.
access to temple entry, access to community water or inter caste marriages); ILO is
confined to the employment aspects. He explained that ILO could not work on the
basis of complaints of NGOs. Trade unions or for that matter any organisation which is in
the form of Sangathan could facilitate complaints against discrimination in employment.
ILO does not, however, confine to only registered organisations. Mr. Kompier confirmed
that ILO would try to link the issues of policies with that of implementation in future.
Few important future plans of ILO include documenting a Manual for the Districts,
documenting a Manual on Social Security for the rehabilitation schemes and conducting
research on the progress of the rehabilitation schemes. Cases of Manual Scavenging have
been reported from other developing countries such as Nepal and Pakistan. It is being
envisaged that ILO would expand its work in these countries.
2.5.4 In India there have been interventions from the High Courts, the Supreme Court, the
National Advisory Council (NAC) as far as the manual scavenging issue is concerned. Mr.
Kompier emphasized that in spite of an active Judiciary and well written laws there was
lack of adequate implementation of the laws on the ground. There is an urgency which
is needed to work collectively for their effective implementation. He added that the recent
Bill had substantial loopholes. For instance, the Bill fails to classify the manual scavengers
properly; the definition of the manual scavengers has been narrowed down. The Indian
Railway authorities have been exempted from the Bill; public authorities - whether the
Indian Army, Police or Indian Railways - should be signatories to this Bill.
2.5.5 Mr. Kompier concluded by saying that the United Nations should also try to make their
workforce more diverse. The core knowledge and experience lies with the people who are
working in such situations at the field level. At UN too, there should be efforts to involve
such people in planning on the issue.

III. Stories of Change - Session 2


Experiences of Liberated Manual Scavengers and Some
Organisational Initiatives
3.1 Following the inaugural session, the
Second Session at the NRT Discussion
was dedicated to the Stories of Change,
wherein Liberated Manual Scavengers
in
particular
and
organisations
working with Manual Scavengers were
encouraged to share their experiences
and initiatives. The following section
captures
broadly
the
various
experiences and initiatives shared.
Learning from such initiatives
and
experiences
contributes
towards enabling the processes
of identification, liberation and
rehabilitation of Manual Scavengers
to become more effective.
3.2

While narrating their stories of change


and success(See Box Items),Liberated
Manual Scavengers highlighted some
of the key challenges that they faced
during their process of liberation. Some
continue to face these challenges and
thus lament that such challenges, if not
addressed,will thwart the efforts of many
others trying to liberate themselves from
the scourge of manual scavenging. The
challenges highlighted by (liberated)
manual scavengers include:

Kiran Fatrod, Madhya Pradesh


From Manual Scavenger to an Aganwadi Worker

I am from the Valmiki Community which


has been into Manual Scavenging for a
long time. After getting married, I used to
feel bad about doing Manual Scavenging.
I just used to do this work throughout the
year, without getting any holiday. Men in
our community never used to let us talk to
anyone and forced us do this work. It was
my inner calling which made me explore
alternative ways of work. Along with other
women, I started looking for other means
by which we could earn. It was heartening
to know that we could earn Rs.100 by other
means. But as manual scavenging was the
real identity of our community, we faced a
lot of humiliation. The main issue was that
members from other castes did not accept
us if we tried doing any other job. They
used to call us with names such as bhangi,
harijan etc. Our community wanted to live
a dignified life and so we all started making
efforts. Now through our efforts many girls
in our village are educated till 9th standard.
Today, I am an Aganwadi worker and I am
proud of myself.

No knowledge of whom to initiate a


dialogue with and make aware that as manual scavengers they were unhappy about their
situations. As mostly women are involved in this work, men tend to have a closed mind
set regarding their situation. Women face huge discrimination and are not allowed to
do any other work.

No understanding on how to find alternative jobs. Today however, due to organisational


interventions and initiatives, some women have been liberated and rehabilitated.

10

National Round Table Report 2012

Poor knowledge of the existing Act


(1993) within the Manual Scavengers
Community: As the level of education
is poor, accurate information on
the Act does not exist within the
community. The translation in
regional language of the Act is not
available which leads to lack of
clarity on the provisions of the Act
for the community.

Lack of Proper Legal Documentation:


Again, due to low educational
level, there is a lack of proper legal
documentation like the voter id,
caste certificate, ration card, etc. The
50 year residential proof required
for the rehabilitation also does
not exist with many community
members. Therefore, many of the
members are not able to access
rehabilitation schemes where these
legal documents are a prerequisite.

Gomti Valmiki, Uttar Pradesh


Fighting Caste Based and Societal
Discrimination

I have had a difficult time in raising my


children. I used to clean toilets early in
the morning. From a very young age my
children also started cleaning toilets. My
family was not allowed to drink water from
the community tanks. There was immense
discrimination which we all have faced.
People used to close doors when we used
to be passing by.
At the time of Roza (fasting done during
Ramzan) we were not allowed to enter the
Mosques. Neither did Hindus accept us nor
did mosques open the doors of worship for
us. It has been miserable.

Caste based Discrimination: In one of the cases in Rajasthan, it was noticed that although
under rehabilitation scheme cattle were given for dairy business, due to caste based
discrimination, the milk was not purchased from that dairy by members belonging to
other castes. In another example, the ration shops did not run due to biases people had
for the particular caste. Similar caste based discriminations are cited by the Madigar
community in the South. The high caste priest and pundits often summon the Madigars
to clean their toilets; the hospital authorities intimidate them into cleaning the dead
bodies during postmortem; they are also forced by the local authorities to remove
dead dogs and other dead animals. In such circumstances, alternative occupations do
not work well and the community member, even if under a rehabilitation scheme, is
compelled to take up manual scavenging again.

The societal attitude towards the manual scavengers remains a challenge.

3.3. In addition to Liberated Manual Scavengers narrating their life stories, some organisational
initiatives were also highlighted. It helped to showcase that committed efforts are likely
to yield results howsoever tough the challenges. Nevertheless, like individual manual
scavengers, organisations working with manual scavenging community too are faced with
a number of challenges, as was shared by the participants.
3.4

Sulabh International Social Service Organisation, a non-profit voluntary social


organisation founded in 1970 by Dr. Bindeshwar Pathak, is dedicated to Gandhian ideology
of emancipation of scavengers. Sulabh has been working for the removal of untouchability
and social discrimination against scavengers. Its Environmental friendly two-pit, pour-flush
compost toilet known as Sulabh Shauchalaya is socially acceptable, economically affordable,
11

Social Inclusion of Manual Scavengers

technologically appropriate and does


Muthyalappa, Karnataka
not require scavengers to clean the pits.
From Rs.800 Earning Rs.4000 by Selling Ground
It has been implemented in more than
nut Waste
1.2 million houses all over India that has
helped liberate over a million scavengers.
During 2002, when I was only in 7th
The Sulabh approach to restore human
standard I dropped out of school. I joined as
dignity to Balmikis has five distinct
a sweeper in the Municipal Corporation. The
stages: a) Liberation; b) Rehabilitation; c)
payment was not enough for my familys
Vocational training; d) Proper education
survival; therefore, I started cleaning soak
of next generation; and e) Social
pits, dry latrines at night. I was able to earn
elevation. Sulabh has laid emphasis on
Rs. 600 - 800.
the construction of proper toilets in order
I have two sisters to be married. About
to mainstream manual scavengers. After
2 acre land was given by my parents,
developing the technology, Dr. Pathak
which I mortgaged with the Bank. In 2009,
evolved a methodology which spelt
the Government schemes focusing on
out how a non-profit making social
community based monitoring was initiated
organisation could work as a catalytic
in my district. I started selling ground nut
agent between the Government, local
waste. I was made leader of the union under
bodies, and the beneficiaries. It is not
a community based monitoring scheme. As
possible for the Government alone to
a leader, I participated in several trainings. I
liberate scavengers from the subhuman
was able to earn Rs.4000-5000. I completely
occupation. Sulabh suggested houseleft the job of a manual scavenger. Though,
to-house contact and campaigns in
a lot has changed in my life but people in my
local languages for liberation of manual
village identify me with my old image of a
scavengers as part of the methodology.
manual scavenger.
This was adopted by the Government of
Bihar; now many State Governments are
adopting this methodology. Sulabh has
also initiated a vocational training center with the name, Nai Disha. About 109 women have
been imparted training on vocational aspects such as stitching, tailoring,etc.
3.5

Rights Education Development Centre (READ), Tamil Nadu: READ, on NGO based in
Tamil Nadu mainly focuses on mobilizing the manual scavengers as leaders in Sangathans,
for education of their children, creating awareness on the issue of untouchablility, building
courage and showing the community possibilities of alternative occupation. In 2011,
through READ, 25 manual scavengers were completely rehabilitated. Some of the alternative
livelihoods which have been operational through READs efforts are fruit selling, chappal (shoe)
making etc. READ is also running 5 tuition centers, in which 130 children are getting trained.
Manual scavengers are motivated to work in alternative livelihoods after seeing their
children settled in tuition centers.

3.6

However in its efforts, READ has faced with a number of challenges. Similar challenges were
echoed by other participants whose organisations are striving to make a difference in the
lives of the manual scavengers. Some of the challenges faced by organisations include:
Prejudices of the Upper Caste: One of the biggest community based challenges is that
elected bodies, especially comprising of upper caste members, tend to threaten the NGO

12

National Round Table Report 2012

to stop the work of liberating


the manual scavengers. NGO
representatives would be asked,Are
you going to clean the community
toilets? Who will clean the toilets if you
liberate all the manual scavengers?
Lack of proactive approach by
Government agencies responsible
for
effective
implementation.
There have been instances when
organisations have brought to light
the existence of manual scavengers
in particular areas; the response
to their complaints to the District
Magistrate as well as the National
Human Rights Commission has not
been very forthcoming.

Usha Tomar, Alwar


Organisational Intervention Helps Quit Manual
Scavenging

I belong to Alwar, Rajasthan. I was taught


manual scavenging since I was 7 years old.
Even after marriage there was no major
difference in my life. At my in-laws house
too, I was made to do this work. Though I
used to do my work, I always felt humiliated
when people threw money at my face. There
was large amount of discrimination which I
faced when I was told not to enter temples
and other public worshipping areas. There
were growing health issues which children
of our communities faced.
It was only after Sulabhs intervention that
the community got options for alternative
livelihoods. The organisation offered
various vocational and skills development
courses under its initiative, Nai Disha, such
as papad making, achar making etc. Now I
am earning about Rs.1500 per month.

Under utilization of resources


allocated under a Scheme: For
instance, there are schemes
specifically meant for manual
scavengers such as the pre-Matrix
scholarship. There are reported cases
Also, the main reason for total rehabilitation
of school headmasters dismissed
was the construction of toilets by Sulabh.
due to misappropriation of funds. In
Community members have accepted me
such situations, money is returned
now because I left Manual scavenging
to the Government and remains
completely.
under utilized. Also, under-utlisation
impacts organisations work, who
are trying to link manual scavengers
or their family members to different
schemes,and enable them to draw benefits.

Making alternative livelihoods sustainable: Sometimes the manual scavengers who are
selling fruits face the challenge of fruits not being purchased by the people in their
local areas/bus stands because their identity is known to the buyer. Hence, their buyers
only comprise people from far off communities/places. Though there are cases where
manual scavengers are able to earn Rs.200 everyday by selling fruits, the persistent
discrimination is likely to affect the sustainability of pursuing a specific occupation.
Organisations grapple with issues of sustainability of livelihoods when it comes to manual
scavengers.

3.7

Navsarjan, Gujarat: Another organisation that shared its work and initiatives was
Navsarjan from Gujarat. Mr. Martin Macwan, representing Navsarjan, pointed out that
based on Navsarjans experience,there is a need for a legal strategy. For example, in case of

13

Social Inclusion of Manual Scavengers

Gujarat, the State denying the existence of Manual Scavenging has led his organisation to
approach the High Court. The Court appointed a Commission of enquiry on the status of
Manual Scavenging, which challenged the Gujarat State to accept the presence of Manual
Scavenging. Mr. Macwan highlighted some other issues in relation to Navsarjans work and
noted that there was a need to find ways to work with the Government. The issues raised by
Navsarjan, mentioned below, are issues that are relevant in other parts of the country
as well.
Manual Scavengers are treated as untouchables and there is complete social exclusion.
Many times their refusal to clean toilets etc. has led to violent manifestation by the upper
caste community. There is no protection against this violence. Historically, since there
was law which made it mandatory and the community could not refuse the practice, it
continues to find it challenging to deny the upper caste members.

It has been identified that other dalit communities engaged in doing customized services
are performing better after Government sanctioned land to them. Manual scavengers
are the only community which did not get land from the Government. Therefore, best
programme for rehabilitation would be land allotment/patta system.

Around 70-80% children are dropping out of school before they reach the 7th standard.
One of the reasons is the recent urbanization. There is a huge migration of manual
scavengers from rural to urban areas for work. The new housing societies in Gujarat
especially have been consuming services of manual scavengers. Navsarjans experience
shows that even after starting vocational courses in the community, very few young
men/women came from manual scavengers community, there is a need to come up with
some strategies for their education as well as life skills training.

The issue of manual scavenging needs a multiple approach. Just offering a good legislation
or only education or only small economic rehabilitation would not help. There is need
for a multiple approach in which all the areas are in congruence. Unfortunately, the
Government is only looking at providing economic rehabilitation by giving economic
subsidies. According to Mr. Martin,the problem of manual scavengers is not just their
problem, but it is a problem for India as a country.

14

National Round Table Report 2012

3.8

The session,Stories of Change, concluded by a brief intervention by Mr. Alok Shrivastava,


Joint Secretary, National Human Rights Commission (NHRC). Mr. Shrivastava, shared
that the NHRC had organized a National workshop in March 2011 on the issue of Manual
Scavengers. He shared some of the recommendations from the workshop. He hoped
that the participants will take these recommendations into account along with several
challenges highlighted by the liberated manual scavengers as well as organisations working
for them (refer to Section 3.2, 3.5, 3.6), during the final session of the Round Table. The NHRC
recommendations included:
Implement The Manual Scavengers Act 1993 in letter and spirit.

Ensure matching data documentation between Center and States.

Mechanize Cleaning of Septic Tanks.

Advise Railways to minimize the human intervention; Railways also advised to innovate
special technology.

No discrimination with children of manual scavengers.

Jobs to the dependents of the manual scavengers according to their qualifications.

Plethora of schemes like NREGA, Sarva Shiskha Abhiyan exist on the ground. It is
important that the evaluations of these schemes are based on the changes that these
schemes bring to the quality of life of the Safai Karamcharis.

Revise existing schemes for rehabilitation and make them more viable as well as
practical.

Discourage and stop subletting the service within the community (the problem then is
never likely to end).

Efforts of both NGOs and Government should be towards changing the attitude of
people regarding manual scavenging.

3.8.1

Mr. Shrivastava concluded by saying that a new slogan had been coined in NHRC which was,
It is easy to be a man and human; but not everyone is a human. Let us inculcate humanity.

15

IV. Moving Forward Session 3


The Draft Bill 2012 and Select Recommendations

4.1

The last and the final session was co-chaired by Ms. Sarada Muraleedharan, Chief Operating
Officer-National Rural Livelihood Mission (NRLM), Government of India and Mr. Martin
Macwan, Navsarjan, Gujarat. Based on the preceding sessions, the final session was dedicated
to reviewing the Draft Bill 2012 and making a few tangible suggestions that if considered,
could make a difference in promoting alternative livelihoods for the manual scavengers.

4.2 Opening the last session, Ms. Muraleedharan contextualised the issue of manual scavenging
from the perspective of the NRLM mission and highlighted three key points as follows:
Exclusion of Poorest among the Poor: As a COO of NRLM, her main responsibility
is social inclusion. Based on her experiences, she shared that though the Government
programmes have targeted the poorest of the poor, yet sometimes the real marginalized
are often found excluded in programmes and schemes. Marginalization is very deeply
rooted. Therefore, from the beginning NRLMs top priority has been to focus on those
communities of poor who are not automatically coming underpoor. NRLM is attempting
to work with Panchayati Raj Institutions, Civil Society Organisations including NGOs.
Still, mobilizing the real marginalized is a challenge for NRLM. For Ms. Muraleedharan,
a safai karamchari would come under the real marginalized. Since states are in denial,
ownership regarding manual scavengers is not there. The issue, therefore, is how to
make the States identify manual scavenging.

Only providing Subsidies is not a solution: States have, across India, looked at only
subsidies as a means to empower the Manual Scavengers. From the days discussion, she
felt that just subsidies would not lead to empowerment. Financial inclusion, alternative
livelihood, creating value chains as well as societal attitude needs to be addressed with
equal urgency. NRLM is also attempting to empower people to alleviate poverty. She
emphasized that one of the things which was very important for empowerment was
entitlements; the other was the favorable environment to access these very entitlements.
The community members who are into Manual Scavenging are entitled to dignity and
self-worth. Somewhere these issues should also be woven together in order to empower
them.

Highlight the areas of Government accountability: Ms. Muraleedharan requested


the group to focus on specific Government systems that should be made liable for
accountability. The participants also need to present a list of the areas where quality
of services needs improvement. She felt the group present must highlight issues that
could be raised under the given policy framework; and separate them from issues which
are beyond the policy framework, and hence would need call for a different advocacy
strategy.

16

National Round Table Report 2012

4.3

Taking into account the three key points made by Ms. Muraleedharan, Ms. Asif Sheikh,
Jansahas/Rashtriya Garima Abhiyan, was invited to make specific comments on the existing
Act (The Manual Scavengers Act, 1993) and the proposed Bill(The Prohibition of Employment
as Manual Scavengers and their Rehabilitation Bill, 2012) to facilitate further discussions
that can lead to tangible suggestions to strengthen the proposed Bill 2012 for the benefit of
the manual scavenging community.

4.3.1 The Manual Scavengers Act, 1993 Key Gaps: Mr. Sheikh highlighted some of the critical
gaps in the existing Act as follows:
At large, the Act was formulated taking only technical aspects into consideration.
It failed to deal with the human dignity aspect, which is fundamental to the whole
issue of manual scavenging. It is silent on social issues such as untouchability, caste
discrimination, rehabilitation as well as gender discrimination.

There was a critical element of free will as far as adopting this law by the States was
concerned. From 1993-2010, the states adopted the law at their will. Many states were
not willing to adopt it (and the National Human Rights Commission had to compel
States to at least adopt the law).

Identification was not clearly mentioned in the Bill. Also, while one State would deny
the existence of the practice yet at the same state, it would demand money under the
schemes for the manual scavengers.

Rehabilitation issues were missing. Ministry of Housing and Urban Poverty Alleviation
(HUPA) did not take responsibility and recommended that Ministry of Social Justice and
Empowerment take the lead in rehabilitation issues.

4.3.2

The Draft Bill 2012: While the proposed Bill 2012 has several positive features and is also
viewed as a welcome move, Mr. Sheikh suggested that since a Bill had been introduced, it
was evident that the Government accepted that the practice of manual scavenging existed
in India and needed attention. With regard to the Draft Bill, he further added A question has been raised as to whether the people who are doing manual scavenging
are bonded labourers because they are working under forceful conditions.

The Railway Department is always in a denial mode with regard to manual scavenging
in their department; they be made signatory to the Bill.

Penalties have been increased under the Bill. However, if the provisions of the Bill are
not implemented at the ground level, then the revision of the penalties does not hold
much value.

It was suggested earlier that Ministry of Social Justice and Empowerment should be
the nodal agency; this has been clearly adopted in the Bill. The standing committee is
overlooking it now.

Since the definition of manual scavenging is broad, individuals working in different


situations such as unions working for the sewage workers, unions working for the rights
of Scheduled Tribes/Caste can come together on the basis of the Act and fight for their
rights collectively.

17

Social Inclusion of Manual Scavengers

For the purpose of rehabilitation, over Rs. 4000 crores has been sanctioned by the
Central Government and provisions have been laid down for rehabilitation.

4.4

Specific Points Raised by Participants on The Draft Bill 2012: Mr. Sheikhs comments led
the group to deliberate further and the following points were put forth with regard to the
Bill:
The Ministry of Rural Development recently gave priority to the issue of manual
scavenging. Under NRLM, priority to manual scavengers has been promised, but the
challenge remains. A change in leadership can lead to a change in commitment on
the issue. In the rehabilitation clause of the Bill, therefore, giving priority in Government
schemes needs to be added.

There is a huge issue of identification of manual scavengers at the ground level. The
national survey must involve the category of manual scavengers who are liberated.
The involvement of civil society organisations and trade unions working on manual
scavenging during this survey can make identification more authentic.

Scholarship programmes need to be included under the current Bill; there is a need to
offer comprehensive scholarship including hostel facility; focus must also be on dealing
with issues of social exclusion of children of manual scavengers in schools.

When the Bill was in its preparatory stage, many including Government officials, had
felt that about 5 acres of land be given for the rehabilitation of the Manual Scavengers;
at the time of concretization of the Bill, this provision, however, has not come out as a
concrete suggestion.

Since 1993, rehabilitation has been provided for the manual scavengers, but apparently
70% of the people who benefitted from the rehabilitation schemes are not part of the
manual scavenging community. To address such issues, the current Bill must make a
strong provision for audit. (It is proposed that audit must be done of the money spent
under rehabilitation schemes each year; cases where money has been disbursed must
be verified, and any corruption case must be handled with stringent action)

A special development report regarding the progress should be presented in the


Parliament and State Assembly every six months until total eradication of manual
scavengers is ensured.

4.5

Recommendations Specific to Alternative Livelihood Sources and Decent Work: The


issues highlighted above (refer to Section 4.3.2, Section 4.4) are pertinent and deserve
attention. In addition, the participants, through their intense deliberations, came up with a
number of recommendations. Some that were specific to facilitating alternative livelihoods
and decent work for the manual scavengers are mentioned below:

18

In Chapter 1 of the Draft Bill, hazardous cleaning is defined in section 2 (c). Currently, in
many situations, due to the total clogged areas, workers are sent in these high risk zones
to work. It is recommended that in all probable situations, conditions must be laid down
describing the situations which need human intervention. An extra remuneration must be
provided in such cases.

National Round Table Report 2012

The Draft Bill has a clause on how the septic tank cleaners should be equipped for their
task/job. There is another clause which deals with protective technology; it is important
to define the exact meaning of protective technology.

A Suggestion given by the Rashtriya Garima Abhiyan with regard to Chapter IV sec. 6
(3) was well appreciated by all participants. The suggestion includes -All Municipalities,
Panchayats, Cantonements Boards, notified areas and other local bodies, Railways,
other Government departments including Civil Aviation and Transport, all Public Sector
Undertaking and Establishments, all Public Sector Banks shall make detailed plans of the
number of Manual Scavengers to be shifted to other services, identify their training needs
and equip them with alternative employment.

Allotment of 5 acres land/patta to the liberated manual scavengers (as mentioned


under Section 4.4. above): land given must also be cultivable and in the form of joint
entitlement (for women and men). The Bill also needs to promote nonfarm jobs like
livestock-keeping, etc.

Employing any person to do manual scavenging must be treated as an atrocity. A special


clause for the local authorities be inserted in the Bill that no person especially a child or
minor be employed under such occupation (After a minimum time frame of notice, the
District Collector must be held responsible and punishment directed towards him).

Where rehabilitation is in the form of a loan, lowest interest be applied.

While NRLM offers opportunities of alternative employment; other government


departments (e.g. Ministry of Women and Child Development) and schemes (e.g.
NREGS) must also give priority to the liberated manual scavengers. The provision for
such priority must be mentioned in the current Bill.

4.6 Other Recommendations: Besides specific recommendations on alternative


livelihoods (Section 4.5), several other recommendations were discussed and put
forth. These include:
The word manual scavenger be removed; it is an undignified identity.

The current Bill gives the local bodies such as the Municipality in urban areas and the
Panchayat in rural areas, the power to conduct survey for the identification of the manual
scavengers in their areas. It was reiterated that this survey involve the liberated manual
scavengers, civil society organisations and trade union in order to ensure an authentic
survey.

Mr. P.S. Krishnan cited that in the Bill proposed by him1 a special clause has been
mentioned which should be proposed. This clause entails, In case of death of any sewage
worker or septic tank worker during work or under circumstances connected with their work,
an amount of Rs. 5 Lakhs shall be paid as compensation to the surviving family and the
State Government shall take over the education of all children of the family of the deceased
by admitting them in residential schools.

Mr. Krishnan has also prepared a comprehensive draft Bill, namely, Manual Scavengers and Other Sanitation Workers (Total Liberation,
Comprehensive Rehabilitation & Humanisation of Working Conditions) Bill for a Working Group of the Ministry of Labour of which he
is a Member. The Bill has been cleared by the Working Group and is now before the Government.

19

Social Inclusion of Manual Scavengers

Mr. Krishnan also mentioned that a few communities among the Scheduled Castes are
really vulnerable such as the Valmiki from North India, Mehwal in Rajasthan. The state
must make special provisions that children of these communities attend school till the
12th standard. There must be focus on social inclusion in the education system.

The issue of discrimination against manual scavengers children in schools cannot be


negated. They are made to clean the school toilets in school premises. It has been
reported in Gujarat. The Bill thus, must incorporate strict punishment for the School
Headmaster if such incidences are reported.

With regard to Education, the Ministries of Human Resource Development and Social
Justice and Empowerment should together formulate a strategy for the functional literacy
of the Safai Karamcharis. For their benefit, instead of 8 hours of cleaning engagement
there should be 6 hours of engagement. The remaining hours should ensure free and
compulsory education. This would give Safai Karmacharis functional literacy and they
would be motivated to further send their children to school. (Functional literacy on 3
aspects - health, education and livelihood - proposed).

In every Gram Panchayat, there are generally 3-4 sub committees. One of the committees
looks after social justice. On a mandatory basis, there must be a discussion on the status
of manual scavenging and it must the duty of the President and/or Secretary to record
the same under the Gram Panchayat proceedings.

Relook at the system of paid toilets; it has not worked well due to the subletting system.
The suggestion is to decentralize the management of toilets; 10 families should manage
one toilet.

Monitoring committees constituted at the state and district level to comprise one or two
members from the manual scavengers community.

Constitute National Safai Karamchari Commission in all states to handle issues critical to
Safai Karamcharis.

Mention compulsory adoption of the Bill by the State Governments in the Bill.

20

National Round Table Report 2012

V. Conclusion

5.1

The participants at the Round Table supported the idea of the Government of India
declaring one particular year for the liberation of the Safai Karamcharis wherein the focus
shall be given to their overall progress. In this dedicated year, Melas(Knowledge Fairs)
which impart functional education and health awareness could be organized across the
country.

5.2 On behalf of UNDP, Ms. Shashi Sudhir thanked all the participants who attended the
conference and shared their valuable insights and experiences. Ms. Sudhir extended special
thanks to the Chairs/Co-Chairs of each of the three sessions. Acknowledging the presence
of government officials, she thanked the officials from the Ministry of Social Justice and
Empowerment, National Human Rights Commission and the Ministry of Statistics and
Programme Implementation. She applauded, in particular, the efforts of the Gender
Community of UN Solution Exchange in organizing and facilitating the NRT.
5.3

Ms. Shashi Sudhir pointed out that UNDP believed in human development. It also believes
in the voices of the community. It has always believed in taking the voices of the community
to the various Ministries of the Government. UNDPs new programme (2013-17) has a
special focus on social inclusion with particular attention on persistently excluded groups.
In the coming years, UNDP would strive to network with the Ministries and civil society
organisations to work on issues that were highlighted in the Round Table Discussion.

21

Annexure
List of Participants

22

Sl No Name

Organisation

State

Mr. Charles Wesley Meesa

National Dalit Alliance

Andhra Pradesh

Mr. S Viswanath

Sanghamitra Service Society

Andhra Pradesh

Mr. Ratan Ravi

Samajik Shaikshanik Vikas Kendra (SSVK)

Bihar

Mr. Martin Macwan

Navsarjan

Gujarat

Mr. P Waghela

Manav Garima, Part of Jan Vikas Initiative

Gujarat

Dr. K G Gayathridevi

Centre of Ecological Economics & Natural


Resources/Institute for Social and Economic
Change (ISEC)

Karnataka

Mr. K B Obalesha

THAMATE

Karnataka

Mr. Muthyalappa

THAMATE

Karnataka

Mr. Ashif Sheikh

Jansahas-Rashtriya Garima Abhiyan (RGA)

Madhya Pradesh

10

Ms. Kiran Fathord

Jansahas

Madhya Pradesh

11

Mr. Rajkumar

RGA

Madhya Pradesh

12

Ms. Taslim Bi

RGA

Madhya Pradesh

13

Ms. Priyanka Jadhav

Utthan Trust

Maharashtra

14

Mr. Sandeep Jedhe

Utthan Trust

Maharashtra

15

Mr. Kishor Chandale

RGA

Maharashtra

16

Mr. Prakash Chand

RTI Activist; also member, Safai Karmachari


Andolan (SKA)

Rajasthan

17

Mr. Mahesh Chandra

SKA

Rajasthan

18

Ms. Guddo Devi

SKA

Rajasthan

19

Ms. Usha Chumar

Nai Disha/Sulabh

Rajasthan

20

Ms. Dolly Parwana

Nai Disha/Sulabh

Rajasthan

21

Mr. R Karuppusamy,

READ

Tamil Nadu

22

Mr. R. Subba Rao alias


Athiyamaan

Aathi Thamizhar Peravai (ATP)

Tamil Nadu

23

Mr. P Srithar

Aathi Thamizhar Peravai (ATP)

Tamil Nadu

24

Mr. V Kannadasan

CARDS-Cultural Action and Rural


Development Society,

Tamil Nadu

25

Ms. Gomti Valimki

Jansahas

Uttar Pradesh

26

Mr. Ali Hussain

Jansahas/Rashtriya Garima Abhiyan (RGA)

Uttar Pradesh

27

Mr. Vijay Bendwal

Jansahas/Rashtriya Garima Abhiyan (RGA)

Uttar Pradesh

28

Mr. Rajpal Balmiki

SKA

West Bengal

National Round Table Report 2012

Participants from Delhi/Gurgaon/NCR


Sl No Name

Organisation

29

Dr. Suman Chahar

Advisor, Sulabh; Member, Task Force, Government Bill on MS

30

Mr. Jainath

Sulabh

31

Mr. Suresh Kumar

Sulabh

32

Mr. Alok K Shrivastava

Joint Secretary, National Human Rights Commission

33

Mr. Girender Nath

National Commission for Safai Karamcharis

34

Mr. P S Krishnan,

Retd IAS, Former Secretary, Government of India

35

Mr. Rajpal Mehrolia

Akhil Bharatiya Safai Mazdoor Sangh

36

Mr. Santosh K Samal

Dalit Foundation

37

Mr. V K Parwanda

NSKFDC, Ministry of Social Justice and Empowerment, GoI

38

Mr. Vidya Prakash

NSSO, Ministry of Statistics and Programme Implementation

39

Mr. Wilson Bezwada

SAFAI Karmachari Andolan

40

Ms. Agrima Bhasin

Centre for Equity Studies

41

Ms. Aparajita Goswami

--

42

Ms. Sarada
Muraleedharan

COO, National Rural Livelihood Mission (NRLM), GoI

43

Ms. Shantha Krishnan

Member, High Level Committee, GoI (reviewing the Status of Women)

44

Ms. Vibhawari Kamble

--

UN Representatives
Sl No Name

Organisation

45

Ms. Mona Mishra

United Nations Development Programme

46

Ms. Shashi Sudhir

United Nations Development Programme

47

Mr. Coen Kompier

International Labour Organisation

48

Ms. Leena Patel

UN WOMEN

49

Ms. Rachna Bisht

UN WOMEN

50

Ms. Sunetra Lala

Solution Exchange Water Community

51

Dr. Malika Basu

Solution Exchange Gender Community

52

Ms. N Felicia

Intern with Gender Community

53

Ms. Pooja Sharma

Rapporteur

23

Social Inclusion of Manual Scavengers

Solution Exchange
Gender Community
The Gender Community promotes gender equality and womens empowerment in India, focusing
on increasing development effectiveness to improve the gender and girl child situation, promote
a rights-based approach to development, and ensure gender mainstreaming. Solution Exchange
helps members of this Community increase the effectiveness of their individual efforts to promote
gender equality and address challenges to womens involvement in development increased
access, capacity, and equality in womens social, economic and political endeavors, by tapping into
their collective knowledge and collaborative actions.
Issues Covered:
Gender Based Violence (GBV) including Prenatal Sex Selection, Human Trafficking, Domestic
Violence
Issues of tribal, dalit and marginalized women
Child Rights and Protection
Issues of Sexual Minorities
Social Security Issues (including the elderly, women headed households)
Engendering policies, programmes and institutions (e.g. gender budgeting, sexual harassment
at work place, gender mainstreaming)
Gender Equality and Empowerment of Women (e.g. economic, political)
Gender gaps and disparity (e.g. education, health, governance, access to resources)

For further information on the Gender Community contact:


Resource Person and Moderator
UNICEF India Office
73 Lodhi Estate,
New Delhi -110003. India
Tel: 91-11-24690401; Fax: 91-11-24627521
E-mail: [email protected]
24

UNDP helps empower lives and


build resilient nations
UNDP partners globally with all levels of society in the more than
170 countries and territories where we operate. We offer global
perspective and local insight to help empower lives and build
resilient nations that can withstand crisis, and that drive and sustain
growth that improves the quality of life for everyone. We call this
people-centred approach human development.

Empowered lives.
Resilient nations.

United Nations Development Programme


55 LodhiEstate, Post Box No.3059, New Delhi 110003, India
email: [email protected]
website: www.in.undp.org

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