Manual Scavengers.docx

CHAPTERIZATIONSocial exclusion in India has travelled through a long span of time which covers centuries and involves the relegating of a large portion of the Indian population called dalits to a position where not only the human rights were made a distant dream for them but even the right to be human was denied to them with impunity. Dalits who constitute a major portion of the Indian population have a history of continuing prejudices and oppression that lasted for centuries and which is still haunting this discrete group of the Indian society. The caste based social exclusion and oppression in India has always remained a haunting experience for dalits. The Hindu social order provided dalits the status of untouchables and due to their untouchable status in the Hindu social order; they were denied their due share in the social, economic, political and cultural life of the community. The social exclusion and oppression of this social group was the result of the caste system which stratified the populace into discrete social groups based on the superiority and inferiority of human beings which hindered the social, economic, cultural and intellectual growth of dalits. The caste system relegated dalits to the lowest ladder of the Hindu social order and made them vulnerable to discrimination and oppression on the basis of their membership of the untouchable social group. They have been excluded for centuries to have what they deserve being an inseparable part of the human species- the human rights LAWS

Constitution Of India-

Preamble: The Preamble is the integral part of the constitution, democratic form of the government, federal structure, unity and integrity of the nation, Secularism, Social justice and judicial review are the basic features of the constitution. According to the words of this preamble it suggests, that since India follows secularism which itself suggests that there shall be no discrimination on the basic of the cast of the person or its religion whatsoever. Article 14: The words of this article say that” the state shall not deny any person equality before law or the equal protection of laws within the territory of India.” This refers that every person in the territory of India is equal in the eyes of law and the matter of race, caste, gender and sex shall not be the discriminating factor. But the important part of the article suggests that the government has the power to make reasonable classification of the protection and development of the backward classes Article 15: The words of the phrase say “the state shall not discriminate against any citizen on grounds only of religion, race, caste, sex, and place of birth or any of them . The matter of untouchability is focused more in Article 15(2) which says that No citizen shall on these grounds be subject to any disability or restriction with regard to access to shops, public restaurants, hotels and places of public entertainment or the use of wells, tanks, bathing Ghats, roads and places of public resort maintained wholly or partly out of State funds or out of State funds or dedicated to the use of general public. Article 16: The words of the phrase says that “Article 16 provides that no citizen shall on grounds only of religion, race, caste, sex, descent, place of birth, residence or any of them, be ineligible for, discrimination against in respect of any employment or office under the State.15 Under this article the state tries to prohibit choosing of candidates on the basis of

above stated reason , but even government has right to choose best candidate from the good one . This article contends to prevent class, cast, and sex or gender bases discrimination. Article 17: The words of the phrase say “the ‘untouchability’ is abolished and its practice in any form is forbidden. The enforcement of any disability arising out of’ untouchability’ shall be a punishable offence in accordance with law.” Thus all the major grounds of untouchability is covered in article 15, but there are other well known social disability connects with untouchability, for instance there can be discrimination against them in regard to use of utensils and other articles kept in public restaurants, hotels, dharamshalas etc or practice of any profession, trade or business or the enjoyment of any benefit under the trust created for the benefit of general public or acquisition of any residential property or observance of any religious ritual. All these practices are now forbidden. Article 21: The words of the phrase say “no person shall be deprived of his life or personal liberty except according to procedures established by law.” This Article is inclusive of the right to dignified life where they are treated at par with everyone else. 

The Protection of Civil rights Act,1995.

It is an irony that almost after five decades of India’s Independence, it was in the year 1993 that the Indian government passed a law to ban the inhuman and degraded practice of manual scavenging. Manual scavenging is one of the most extreme forms of caste discrimination and the State’s complicity in its continued practice is not in tune with the basic tenets of the Indian Constitution. It is estimated that around 1.3 million Dalits in India, make their living through manual scavenging -- a term used to describe the job of removing human excreta from dry toilets and sewers using pathetic tools such as thin boards, buckets and baskets, lined with sacking, carried on the head. In rural areas mostly women are engaged in this inhuman occupation The denial of human rights to dalits or untouchables was premised on the notion of purity and pollution and was sanctioned by the religious text of Hindus. The Constitution of India provided an elaborative legal framework for the social inclusion of dalits and protective legislations. The Constitution of India, under Article 17, abolishes the practice of untouchability and made the enforcement of any disability arising out of untouchability an offence punishable in accordance with law. Article 35 of the Constitution of India as an enabling provision gives to the Parliament the exclusive power to enact laws for prescribing punishment for those acts which are declared to be an offence under Part III of the Constitution. To give effect to Article 17 of the Constitution of India, the Parliament enacted the Untouchability (Offences) Act, 1955, which was amended and renamed as the Protection of Civil Rights Act in 1976. This Act was a part of the continuing efforts to ensure that the aims of Article 17 are fully realized. This Act imposes punishment on persons who commits offence of untouchability which results in disability to victims. Compulsory Labour:1 Whoever compels any person to Sweep, scavenge, 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.

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Section 7A (1) of the Protection of Civil Rights Act, 1955, http://www.anagrasarkalyan.gov.in/acts/CivilRightsAct.pdf

Punishment: Such person shall be deemed to have practice “Untouchability” and shall be punished with the imprisonment for the term of at least three months but not exceeding 6 months along with the fine of at least 100 Rs. but not more than Rs. 500. Duty of State Government2 1. To take such measures as to abolish “Untouchability” in the fullest manner3 2. To provide legal aid any other facilities to the person who was subjected to disability arising from “untouchability” 3. To appoint officers for supervising over prosecutions for the contravention of the provisions of this Act 4. To set up of special courts4 for the trial of offences under this Act. 5. To set up Committees at appropriate levels as the State Government may think fit in implementing the measures and to Support the State Government. 6. To do periodic survey of the working of the provisions of this Act and suggest measures for the better implementation of the provisions of this Act. 7. To identify the areas where persons are under any disability arising out of “untouchability” and adopt such measures as required to remove disability from such areas. Duties of Central Government5 To take such appropriate Actions as may be required for Coordinating with the Actions taken by the State Government. 

The prohibition of Employment as manual scavengers and their Rehabilitation Act,2013.

The Act prohibits the employment of manual scavengers, the manual cleaning of sewers and septic tanks without protective equipment, and the construction of insanitary latrines. It seeks 2

Section 15A(2) of the Protection of Civil Rights Act, 1955, http://www.anagrasarkalyan.gov.in/acts/CivilRightsAct.pdf; Section 21(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Attorocities) Act, 1989, http://tribal.nic.in/WriteReadData/CMS/Documents/201303131039493105468poaact989E4227472861.pdf 3 Section 15A(1) of the Protection of Civil Rights Act, 1955, http://www.anagrasarkalyan.gov.in/acts/CivilRightsAct.pdf; Section 21(1) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, http://tribal.nic.in/WriteReadData/CMS/Documents/201303131039493105468poaact989E4227472861.pdf 4

Section 14 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, http://tribal.nic.in/WriteReadData/CMS/Documents/201303131039493105468poaact989E4227472861.pdf 5

Section 15A(3) of the Protection of Civil Rights Act, 1955, http://www.anagrasarkalyan.gov.in/acts/CivilRightsAct.pdf; Section 21(3) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, http://tribal.nic.in/WriteReadData/CMS/Documents/201303131039493105468poaact989E4227472861.pdf

to rehabilitate manual scavengers and provide for their alternative employment. Each local authority, cantonment board and railway authority is responsible for surveying insanitary latrines within its jurisdiction. They shall also construct a number of sanitary community latrines. Each occupier of insanitary latrines shall be responsible for converting or demolishing the latrine at his own cost. If he fails to do so, the local authority shall convert the latrine and recover the cost from him. The District Magistrate and the local authority shall be the implementing authorities. Offences under the Act shall be cognizable and non-bailable, and may be tried summarily. The law also provides rehabilitation of manual scavengers and alternative employment to them within the time bound manner. From now onwards, the construction and maintenance of the insanity latrines has became an offence, therefore no one can be employed or engaged as the manual scavenger. Comprehensive Rehabilitation of the Manual Scavengers within a time bound framework:    

Photo Identity card to the Manual Scavengers Initial cash assistance Scholarship to the children of Manual Scavengers Allotment of residential plot with financial assistance for the construction of the house or a ready built house, within the framework of relevant scheme  Training in livelihood skill  Concessional loan with subsidy for taking up alternative occupation  Any other legal or programmatic assistance

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National Commission For Safai Karamcharis Act,1993.

Construction of adequate number of sanitary community latrines in urban areas, within three years from the date of commencement of this Act to eliminate the practice of open defecation. Also the powers and functions of the National Commission For Safai Karamcharis include(a)recommend to the Central Government specific programmes of action towards elimination of inequalities in status, facilities and opportunities for Safai Karamcharis under a time-bound action plan; (b)study 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 and State Government for better co-ordination and implementation of such programmes and schemes; (c)investigate specific grievances and take suo moto notice of matters relating to nonimplementation of :(i)programmes or schemes in respect of any group of Safai Karamcharis; (ii)decisions, guidelines or instructions, aimed at mitigating the hardship of Safai Karamcharis;

(iii)measures for the social and economic upliftment of Safai Karamcharis; (iv) the provisions of any law in its application to Safai Karamcharis; and take up such matters with the concerned authorities or with the Central or State Governments;

(d)make periodical reports to the Central and State Governments on any matter concerning Safai Karamcharis, taking into account any difficulties or disabilities being encountered by Safai Karamcharis; (e)any other matter which may be referred to it by the Central Government. (2) In the discharge of its functions under sub-section (1), the Commission shall have power to call for information with respect to any matter specified in that sub-section from any Government or local or other authority.

The disadvantaged sections of the society who have been deprived of fundamental rights to equality, life and liberty for last more than 6 decades and have only one support that is the judiciary and the legal system. But as a result of varied shortcomings of the laws in the country that support too is snatched away from the deprived class. The Statutes in India governing manual scavengers have many loopholes, beginning from the definition of manual scavengers. Due to the inconsistent legal system, many have to suffer. The ways in which they suffer will be analysed by the researchers in the next chapter.