Abstract

This Article engages with various intervention programmes and strategies by state pertaining to the lives of scavenger community. It identifies government regulations and unravels their implications on the lived realities of members of the community. While contextualizing the same from an emic perspective, the article attempts to critically analyse these intervention programmes hoping to shed new light into the plight and impediments faced by the scavenger’s community in India.

Introduction

Among Schedule Caste, the scavenger community is most visible for reasons that are more ironic than merely unfortunate. Easily identifiable, as they perform tasks such as cleaning roads, streets, public toilets and even homes and offices on a daily basis, it took a personality as farsighted and courageous as Dr. B.R. Ambedkar himself, to point out this ironicity, that in India ‘a man is not a scavenger because of his work. He is a scavenger because of his birth irrespective of the question whether he does scavenging or not’.

The scavenger community in India is highly heterogeneous subsumed under layers of sub caste domination within schedule caste themselves. They are known by different identities and names in different locales and states and over the years have adopted varied religions. Those who have embraced Christianity are known as Dalit Christians, among those in Sikhism they are known as Mazhbi and in Islam as Halalkhor. Those within Hinduism are identified as Balmiki, Bhangi, Mehtar, Mazhabi Lal Begi, Chuhra, Halalkhor in northern India. In southern India they are called Mukhiyar, Thoti, Chachati, Pakay, Relli and as Har, Hadi, Hela, Dom and Sanei in eastern India. In the western and central parts of India they are called Bhangias, Halalkhor, Ghasi, Olgana, Zadmalli, Barvashia, Metariya, Jamphoda and Mala.

In the 1911 census such communities were identified as Adi Dharmi, Adi Dravida, Adi Karnataka and Adi Andhra as they were supposed to have embraced new religious identities but poignant as it may sound, they remained tied to their caste occupation and face similar socio economic discrimination. In India the status and respect of people are much rooted in the kind of occupation that is tasked by caste, and as the location may be, ‘disgraceful’ work is given the least respect and thus forced into the lowest status in society.

Scavenger communities and manual scavenging:-

Caste system is intrinsic and an important feature of Indian society playing a very important role in ascribing a particular caste groups with specific occupations based on location in the caste hierarchy. The age old system of caste has manifested in easy identification of communities and groups through overt occupational role that passes on from one generation to another within the same caste group. In India and other caste-affected countries within South Asia, the term ‘scavenger’ is generally conceived as a human being who is considered ‘untouchable’ or ‘polluting’ by other caste groups. The UN Special Rapporteur stated recently in reference to the scavenger community, that ‘the degrading nature of this work is an extreme case and is very much tied up with the inequalities of a deeply ingrained caste system and the lack of choice in finding other types of work’.

The Scavenger communities have been traditionally engaged in least desirable occupations such as removal of dead animal, leather work, as messenger to deliver news of dead, butcher work and worst among tasks forced to perform is manual scavenging, which is caste-based, hereditary form of undignified livelihood. These could be argued as being linked to force labour. Manual scavenging involves the manual removal of human excreta from dry latrines and sewers (using basic tools such as tin boards, buckets and baskets lined with sacking) and then carrying it on the head. While the number of persons still engaged in manual scavenging is not available t he Census of 2011 counted 7.94 lakh latrines in the country from which night soil are still removed by humans.

Within the scavenger’s community, women make up the majority of those who perform the scavenging occupation. They are also domestic sweepers in cities and due to high vulnerability; reports of them being sexually harassed by their own employers are ubiquitous. Most scavenging women are victims of daily rapes and abuse which rarely get noticed even as they earn a meager fifty to hundred rupees per month. Overall Dalit scavengers are rarely able to take up other occupations due to the stigma associated with their caste and occupational status. They are paid less than minimum wages and are often forced to borrow money from upper-caste neighbors in order to survive. This ends up upholding the status quo and maintaining the vicious circle of bondage. Followed with the lack of alternative livelihood opportunities, scavengers are unable to break free from these age old shackles of religiously sanctioned deep seated structure of exclusion and oppression.

Working Conditions and Health

Along with the violation of human rights, scavengers are also bound to work in hazardous working conditions. There are few studies on the working conditions of scavengers but those available unravel the horrific working conditions of the scavengers. Those working in these spaces, especially women are in grave danger of contracting countless diseases on a daily basis as they come in close contact with human waste. Some of these diseases are Tuberculosis, campylobacter infection, cryptosporidiosis, giardiasis, hand foot and mouth diseases, hepatitis A, meningitis (viral), rotavirus infection, salmonella infection, shigella infection, thrush, viral gastroenteritis, worms and yersiniosis. Corroborating such arguments the International Labor Organisation points out that chronic inhalation of dust during street sweeping leads to impairment of lung functioning and may cause respiratory health symptoms . It is further noted that ‘ninety percent of all manual scavengers have not been provided proper equipment to protect them from faeces borne illness’, as pointed in a 2007 Report on Safety conducted by the Tata Institute of Social Sciences (TISS). On this count the TISS have also conducted two National surveys; in the state of Maharashtra and Gujarat on the issue that has provided deeper insights and understanding of the status of scavenger’s community that has led to policy reformulation .

Children of Scavengers and Education

The idea of this scheme is good but problem starts with the implementation. How the teacher identifies the children belongs to scavenger family? It is important to posit this section in this article as it unravels some fundamental problems pertaining to the lived realities of scavengers. The school experience of many scavengers’ child is that they are always put on the back-foot by the very structure that is supposed to include them. As an experience, the author himself has had to face teachers in school where he is usually identified as a scavenger’s child when teachers loudly pronounce in class in front of thousands of students publicly asking ‘Who are the scavenger’s children, please raise your hands and come forward’during morning assembly. At the personal level such incidents have had a brutal impact on one’s psyche as one experiences shame at the level of self and in relation to others within the group and without. Such is the experience of pain and hurt that most children of scavengers prefer to lie and refuse to accept themselves and the reality that surrounds the same. Even when it comes to availing varied other schemes certain rules state that such children must first produce a certificate by identified authorities as proof that one is the son or daughter of a scavenger.

As if such humiliation is not enough, scholarship provided to children of manual scavengers demands that if students failed even once then the scholarship will be discontinue. A rule in one of the schemes for children of scavengers to access scholarship states that ‘the award will be discontinued if a student fails to secure annual promotion except in case of unavoidable reasons to be certified by the competent authority of the scheme’. Such discrimination within the school system at times forces students to leave the school and education forever. If one views the education status of scavenger community, data shows extremely low education status which among all schedule caste is found to be lowest. Table 1. below provides a brief overview of such data.

Education Status-Table No.1

Source: Census of India, 2001

Government Strategies towards Scavengers and Manual Scavenging:-

Although manual scavenging was banned by ‘The Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition) Act, 1993’, over the 20 years since, that it has been in force, there has not been a single conviction. The Government of India set up the National Commission for Safai Karamcharis in 1994 whose main objective was to study, monitor and evaluate the implementation of the programmes and schemes relating to the social and economic rehabilitation of safai karamcharis and make recommendations to the Central Government for better coordination and implementation of schemes/programmes particularly. On this count the government has never been able to meet the deadlines to eradicate the practice of manual scavenging. Manual scavenging still continues to exist on a large scale and data shows its prevalence at a large scale across regions and states. A new act ‘The Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013’ was passed by the Indian state, unfortunately many argue that the Act is fraught with loopholes that is unable to fundamentally change the situation of the scavenging community. The difference that has taken place post the 2013 Act it is argued is the inclusion of ‘sewage workers’ as manual scavengers into the new Act which was excluded in the previous ‘Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition) Act’, 1993. However t he new Act has not clearly defined sewage work which has created some confusion as it only vaguely states that the Act ‘… provide for the prohibition of employment as manual scavengers, rehabilitation of manual scavengers and their families”. According to Section 2(g) (b), the Act selectively mandates that a person engaged or employed to clean excreta with the help of such devices and using such ‘protective gear’, as the Central Government may notify in this behalf, shall not be deemed to be a ‘manual scavenger’. The definition in the Act as per Section 2(g) narrowly focuses on manual scavenging, while no attention has been paid to the work of sewage workers.

Some Government Initiatives for Development of Scavengers Community

Over the years there are a number of schemes the Government of India at the National and state levels have introduced. Some of the prominent schemes are noted below:

A) “Integrated Low Cost Sanitation” (ILCS) scheme: The Centrally Sponsored Scheme of Low Cost Sanitation for Liberation of Scavengers started from 1980-81 initially through the Ministry of Home Affairs and later on through the Ministry of Welfare. From 1989-90, it came to be operated through the Ministry of Urban Development and later on through Ministry of Urban Employment and Poverty Alleviation now titled Ministry of Housing & Urban Poverty Alleviation. The main objectives of the Scheme are to convert the existing dry latrines into low cost pour flush latrines and to construct new ones where none exist.

B) “National Scheme of Liberation and Rehabilitation of Scavengers and their Dependents” (NSLRSD): The Government of India launched on March 22, 1992 a National Scheme for Rehabilitation of Scavengers and their dependents. Particulars of the Scheme as well as detailed guidelines to be followed by the banks in implementing the scheme are circulated to all public sector banks vide RBI Circular RPCD.SP.BC.84/C.665(SRS) 92/93 dated March 20, 1993. The objective of the scheme is to liberate scavengers and their dependents from their existing hereditary and obnoxious occupation of manually removing night soil and filth and to provide for and engage them in alternative and dignified occupations within a period of five years.

C) “Pre-Matric Scholarship for Children of those Engaged in Unclean Occupations”: The object of the scheme is to provide financial assistance to children whose parents/guardian belongs to one of the following categories, to pursue Pre-matric education. Persons who are either presently engaged in manual scavenging or were so engaged upto or after 1.1.97 or the date on which the ” The Employment of manual scavengers and construction of Dry latrines (Prohibition) Act 1993″ came into force in their State/UT, whichever is earlier;

D) “Valmiki Ambedkar Awas Yojna” (VAMBAY): VAMBAY, launched in December 2001, facilitates the construction and up-gradation of dwelling units for the slum dwellers, and provides a healthy and enabling urban environment through community toilets under Nirmal Bharat Abhiyan, a component of the Scheme. The Central Government provides a subsidy of 50 per cent, with the balance provided by the State Government.

Analysis of Policies and Schemes:

What is important to note in the struggle to realize benefits of schemes and implications of policy among manual scavenger is that there is utmost disrespect to statutory laws and reports provided that envisages ameliorating the lives of scavengers. A case in point to show that such processes occur on a regular basis pertains to the fourth report (1998-99 & 1999-2000) of the National Commission of Safai Kramacharis which was neither taken up nor implemented by the concerned parties, even going to the extent of stating in such reports itself that such reports were meaningless. While these National Commissions were set up to specifically safeguard the rights of the marginalized in society, they have failed to perform their responsibilities. In such circumstances the Commissions have not been able to play an important role as envisaged when they were set up. Further according to Census 2011 around 60 percent of those involved in manual scavenging are living in urban and semi-urban areas and 40 percent scavengers belongs to rural areas (larger villages and settlements). The focus of some schemes like NSLRSD is more tuned towards urban areas scavengers thus failing to make any impact on rural scavenger population.

Rehabilitation and Women Scavengers : According to Jansahas ‘around 95-98 percent of the individuals involved in manual scavenging are women. The exploitation of these women on grounds of patriarchy and caste system is very high. Out of nearly 1.3 million manual scavengers, of which, 87% are Dalit women and children (as per PACS statistics) most of the provisions under rehabilitation scheme were not gender sensitive and addresed men largely. For instance, government provides loan for alternative work not alternative jobs. Therefore it is near impossible to start a new business without work experience and training skills especially for women.

Loan Focused Rehabilitation: The biggest error in rehabilitation Schemes for those who involved in manual scavenging is that government has created systems where facilities for loan for any alternatives works are rooted through commercial bank. As most scavengers come with extremely poor financial background with extreme insecurity of possible failure in any engaging in business activities, there is increase hesitancy to avail even loan facilities as commercial banks tie them legally to recover loans through forceful means and that to with interest. A point thus needed to be given some thought pertains to the ability of money as a solution to solve caste based occupation. Manual scavenging is embedded in a caste based system and is rooted within such religiously sanctioned discourses making it difficult to confront exclusion at the social, political and economical levels. To fight against such historical exclusion subsidized loan cannot be a solution and paradox as it may seem the first government solutions to resolve this crisis has turned out to be an extra burden.

Problems to Access Loan from Banks : Most of the loans under specific scheme such as SRMS are through banks and it has been observed that most of these loan sizes which are around Rs.25000 out of which 50 percent or Rs.12500 is the subsidy component. Due to poverty and financial crises many people have received some amount of money and have failed to return the money to the bank thus declared as ‘Defaulters’. Further since most banks provides the loan to beneficiary in installments, there are delays in availing a particular installment which has implications on business of beneficiary which lead to non-payment and thus pushing them to a status of defaulter. This then creates a situation where the very scheme meant to financially support the scavengers community to come out of their occupation becomes a double burden forcing them to carry the tag of ‘Defaulters’ that then becomes a impediment in mobility.

Most Schemes Targeted at BPL Levels : Most schemes launched by the government are targeted at people below poverty line while at the same time it is very hard to obtain a BPL card. Access to the BPL cards demands that one is connected politically to the powers that be. On top of this there are many loopholes even in the BPL card schemes itself which has been highlighted by mainstream media but has failed to make any dent on policy. It is reported that in one case in Haryana, Times of India raised the issue of fake BPL cards and presented a fact that ‘India’s massive Below Poverty Line (BPL) population — that brings it constant embarrassment at the international level — comprises a farmer who owns five acres of land, a government contractor, a milk dairy owner, a banquet hall owner and hundreds like them’. Such impediments make it difficult to even avail a BPL card that would allow access to welfare schemes for manual scavengers.

The Problem of Data : Survey studies themselves have become a big problem in the struggle to eradicate manual scavenging as there are high chances of corruption even in preparing the list of manual scavengers by government authorities. Jansahas a people’s organization mentioned in a recent report that ‘in Madhya Pradesh alone we found districts where more than 165 women are involved in manual scavenging yet not a single name was included in the government list’.This is further made complicated at other levels around availing loans from banks. According to a National Advisory Council statement, since most scavengers are old women and illiterate they are unable to understand the documentation process in availing loan from bank and become easy targets of agents. Most agents avail bank loans in the name of scavengers and by the time the money reaches the hands of the person who has availed the loan they usually receive very less money in hand which does not even support even the smallest of business.

Issue of Human Rights: According to the ‘The Protection of Civil Rights Act, 1955 (Act No. 22 of 1955) 7(A)’ – unlawful compulsory labor, when to be deemed to be a practice of ‘untouchability’- (1)Whoever compels any person, on the ground of ‘untouchability’, to do any scavenging or sweeping or to remove any carcass, or to flay any animal, or to remove the umbilical cord or to do any other job of a similar nature shall be deemed to have enforced a disability arising out of ‘untouchability’. In a detailed report on the plight and extreme working conditions of manual scavengers by N.R. Malkani, published by the Planning commission of India, it was observed that ‘such atmosphere charged with filth and squalor cannot but have depressive effects not only on the human dignity and personality of these workers but also on their mental make-up and their whole attitude of life. The nature of their work has made them the most despised section even among the working classes. It is to be noted that the crux of the manual scavenging struggle is a fight for human dignity and respect, however unfortunately most strategies and policies are aimed more at addressing such struggles as an issue of welfare rather than an issue of rights. The practice of manual scavenging is must be stated is the denial of basic human rights on a daily basis.

Some Concluding Remarks

The issue of manual scavenging was raised by none other than Mr.M.K.Gandhi himself as early as 1901. However controversy surrounds his position as he was quoted to have said in 1936 that ‘a Bhangi (Scavenger) does for society what a mother does for her baby. A mother washes her baby of the dirt and insures his health. Even so the Bhangi protects and safeguards the health of the entire community by maintaining sanitation for it’. Rather than challenge the practice of manual scavenging it turned out that Gandhi’s position went on to provide further legitimacy to the oppressive practice. Many others including Mr.Narendra Modi, the Chief Minister of Gujarat, has towed this line of argument identifying ‘Scavenging is a Spiritual Experience’ as mentioned in the book ‘Karmayog’ published in 2007.

Atal Bihari Vajpayee, India’s Prime Minister during 1998-2004 while addressing the nation on Independence Day; 2002, announced his government’s intent to expedite the liberation and rehabilitation of scavengers under the ‘National Action Plan’. It was declared that the scheme would be completed by the target year of 2007. However this action plan crossed its deadline and was extended further up to March 31, 2010 and since then has got lost in the narrow alleys of bureaucracy and non committed politicians.

With continuous failure on the part of the government to eradicate manual scavenging, the then Prime Minister Mr.Manmohan Singh raised the issue in 2012 and promised to abolish this inhuman practice within six months. In his speech on the occasion of Independence day, 15 th August 2012, he identified scavenging as ‘one of the darkest blots on our development process is that even after 64 years of independence, we still have the heinous practice of manual scavenging’. In an inaugural speech to a two-day conference of state ministers of welfare and social justice he was quoted to have stated ‘today I would like you to pledge that this scourge will be eliminated from every corner of our country in the next six months. The conversion of dry latrines must be completed once and for all’. Following these assertions with added pressure from social movements the minister for social justice and empowerment, Mr.Mukul Wasnik, introduced the Prohibition of Employment as Manual Scavengers and their Rehabilitation Bill, 2012 to replace the 20-year-old law that banned manual scavenging that proved ineffective.

To conclude, the issue of the scavenger community is sidelined within current discourse and policy debates in India and is thus ignored by the policy makers, International development agencies, political parties and NGOs. Contestations by social movements working for the eradication of manual scavenging argue that the program for rehabilitation of manual scavengers contains many grave problems of a fundamental nature; therefore they recommend new formulations with modifications to the present Act of 2013. Till date the exact number of manual scavengers is not known and the new survey of manual scavenging is still in the process of being conducted. These unfortunately are clear indications of a lack of seriousness of purpose from those agencies concerned in ameliorating the situation of scavengers and the concomitant brutalities of scavenging which paradoxically goes into allowing its unhindered continuation in Indian society.

End Notes

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Freed, Stanley A. “Caste Ranking and the Exchange of Food and Water in a North Indian Village.” Anthropological Quarterly. 43.1 (1970): 1-13.

13 lakh Dalits still engaged in manual scavenging: Thorat – The New Indian Express . 2013. 13 lakh Dalits still engaged in manual scavenging: Thorat – The New Indian Express. [ONLINE] Available at: http://newindianexpress.com

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Darokar, Shaileshkumar, and H. Beck. “Study on Practice of Manual Scavenging in the State of Gujarat.” Mumbai: Tata Institute of Social Sciences (2006).

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Jan Sahas is a Madhya Pradesh based NGO and also working on the issue of manual scavenging http://www.jansahasindia.org/

“Manual scavenging still a reality in India: Jairam Ramesh.” The New Indian Express. 10 Dec. 2012

“A rich man’ s BPL.” – Indian Express . 18 Mar. 2014 .

Gandhi,M.K. The Ideal Bhangi: Harijan, In Collected work of Mahatma Gandhi, vol. LXIV, 28 November 1936

“Modi’s Book Karmayog Offends Dalits.” IBNLive. N.p., n.d. Web. 1 June. 2013

“Press Information Bureau English Releases.” Press Information Bureau English Releases. 18 Mar. 2014.

“Manual scavenging a dark blot, must end: PM.” http://zeenews.india.com. 15 Jan. 2014.