The Supreme Court of India recently issued several directives aimed at eradicating the prevailing practice of manual scavenging throughout the country. A key component of these directives revolves around a drastic increase in the compensation offered for injuries or fatalities faced by manual scavengers.
Part of ensuring the “complete eradication” of this practice is facilitating the proper implementation of the Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013. Steps have been taken to establish concrete rehabilitation measures for victims and their families, including scholarships for the dependents of sewer victims.
Accordingly, compensation for sewer-related deaths has increased from the longstanding INR 10 lakhs, a figure that has remained unchanged since 1993, to INR 30 lakhs. Those suffering from sewer-related disabilities are now entitled to a minimum compensation of INR 10 lakhs, which further increases to INR 20 lakhs if they experience permanent disabilities, leading to economic non-viability.
Manual scavengers are individuals dealing with human waste in unsanitary conditions working for both public and private entities. This gruesome work exposes them to significant health hazards such as toxic gases and infectious diseases, which significantly reduce their lifespan.
Furthermore, their low caste status restricts their access to healthcare services, leading to an increased risk of losing their lives during work. The situation of these individuals is further exacerbated by deeply rooted societal traditions that keep them at the lower echelons of the social hierarchy, maintaining their marginalization and frequent discrimination.
In a substantial legal progression, the judgement in Safai Karamchari Andolan and Others v. Union of India and Others by the Supreme Court directed the government to take immediate action. The order set forth directives to stop the involvement of future generations in this horrid practice and to promote the rehabilitation of manual scavengers. Rehabilitation provisions include financial support, self-employment training, and access to education opportunities.
India, as a signatory of domestic and international legal instruments firmly discouraging manual scavenging, is obligated to ensure its eradication. Some of these prominent legal provisions include the Universal Declaration of Human Rights (UDHR), the Convention on the Elimination of Racial Discrimination (CERD), the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), along with Convention 111 and 161 of the International Labour Organisation respectively.
More details about these directives and the implications of this significant court decision are provided by the JURIST documentary analysis.