ISC Explained: Manual Scavenging in India

Manual scavenging in India is a dehumanising practice rooted in deep-seated caste hierarchies. For the UPSC examination, it is crucial to analyse it through the lenses of constitutional safeguards, legislative frameworks, and contemporary government interventions.

Definition:

As defined by the Prohibition of Employment as Manual Scavengers and their Rehabilitation (PEMSR) Act, 2013, manual scavenging involves the manual cleaning or handling of human excreta in various unsanitary conditions.

Legal Status in India and its Prohibition

Manual scavenging was first banned in 1993.
The 2013 Act expanded this prohibition to include septic tanks and sewers and introduced stricter penalties.
The SC/ST (Prevention of Atrocities) Act, 1989, also criminalises the employment of Scheduled Castes for this work.

Constitutional Framework

Constitutional Basis: The practice violates fundamental rights to Equality (Art. 14), Abolition of Untouchability (Art. 17), and Dignity & Life (Art. 21).
PEMSR Act, 2013: Prohibits employment of manual scavengers and hazardous cleaning of sewers/septic tanks without protective gear. It made offences cognizable and non-bailable.
SC/ST (Prevention of Atrocities) Act, 1989: Explicitly criminalises employing the Scheduled Castes for this work.

Current Status of Manual Scavenging in India

In 2026, manual scavenging remains strictly illegal in India under a robust framework of central legislation, constitutional mandates, and recent stringent judicial directives from the Supreme Court.

1. Primary Legislation

PEMSR Act, 2013: The Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013, is the principal law.
- Scope: It bans all forms of manual handling of human excreta, including cleaning dry latrines, open drains, pits, and railway tracks.
- Hazardous Cleaning: It criminalises “hazardous cleaning” of sewers or septic tanks without notified protective gear and safety precautions.
- Penalties: Offences are cognizable and non-bailable. Violations can lead to imprisonment for up to 2 years, a fine of up to ₹1 lakh, or both for first-time offenders. Subsequent violations can lead to up to 5 years of imprisonment and higher fines.

2. Constitutional and Human Rights Status

The practice is recognised as a violation of fundamental rights:
- Article 17: Abolition of untouchability.
- Article 21: Right to life with dignity.
- Article 23: Prohibition of forced labour.

3. Key Judicial Mandates (2023–2026)

The Supreme Court has recently intensified its monitoring of the ban:
- Enhanced Compensation: In the landmark Dr Balram Singh v. Union of India (2023) case, the Court increased mandatory compensation for sewer-related deaths from ₹10 lakh to ₹30 lakh. Permanent disability compensation was raised to ₹20 lakh.
- Metro Ban (2025): In early 2025, the Supreme Court ordered an immediate halt to all manual sewer cleaning in six major metros (Delhi, Mumbai, Chennai, Kolkata, Bengaluru, and Hyderabad), warning officials to “either do it or face consequences.
- Strict Accountability: As of late 2025, the Court has held Chief Executive Officers (CEOs) of municipalities personally accountable for filing compliance affidavits.

4. National Policy Framework: NAMASTE Scheme

The NAMASTE Scheme (National Action for Mechanised Sanitation Ecosystem) is the current executive vehicle for total eradication, scheduled for full implementation through March 31, 2026.
- Goal: Achieving zero fatalities in sanitation work by replacing human entry with 100% mechanization across over 4,800 Urban Local Bodies.
- Rehabilitation: It replaces the previous SRMS scheme, focusing on “Sani-preneurship” (providing subsidies for cleaning machines), health insurance under Ayushman Bharat, and skill training for alternative livelihoods.

5. Current Status Challenges

Despite being legally “banned,” significant hurdles persist:
- Data Discrepancy: While nearly 95% of districts (732 out of 766) have officially declared themselves “manual scavenging-free” by 2024, approximately 58,000 manual scavengers remain identified, and sewer-related deaths continue to be reported.
- Contractual Loopholes: Private contractors often bypass legal requirements, and state governments frequently classify sewer deaths as “accidents” rather than violations of the manual scavenging ban to avoid liability.
- Infrastructure Gaps: Many older sewer lines are designed in a way that machines cannot access them, forcing human entry.
- Administrative Denial: State governments often report “zero deaths” from “manual scavenging” by narrowly defining the term to exclude “hazardous cleaning” of sewers.
- Rehabilitation Hurdles: Stigma and lack of alternative skills make it difficult for former workers to transition to other professions despite government subsidies.

Role of Citizens of India in eradicating Manual Scavenging from India

In 2026, citizens can play a pivotal role in eradicating manual scavenging by acting as local monitors and advocates for the NAMASTE Scheme and other safety protocols.

1. Reporting and Monitoring

Swachhata Abhiyan App: Use this government-launched mobile application to report the existence of insanitary latrines or incidents of manual scavenging in your vicinity.
Emergency Helplines: Familiarise yourself with and promote district-level 24×7 sanitation helplines (often part of Emergency Response Sanitation Units – ERSUs) to report sewer blockages, ensuring that authorities deploy machines rather than individuals.

2. Ethical Hiring Practices

Insist on Mechanisation: When hiring private contractors for septic tank cleaning, explicitly demand the use of vacuum trucks or robotic systems like the Bandicoot robot.

Verify Safety Gear: Ensure that no worker enters a septic tank or sewer without mandatory protective equipment (PPE), which is a legal requirement under the PEMSR Act, 2013.

3. Community Vigilance

Resident Welfare Associations (RWAs): Organise local workshops to sensitize neighbors about the illegality of manual scavenging and the availability of registered Private Sanitation Service Organizations (PSSOs).
Support Social Audits: Participate in or facilitate community-led surveys to identify hidden manual scavenging practices or verify that “manual scavenging-free” declarations in your district are accurate.

4. Supporting Rehabilitation

Patronise “Sani-preneurs”: Support former sanitation workers who have transitioned into small businesses or mechanised sanitation services under government subsidy schemes like the Swachhta Udyami Yojana.
Donate to Advocacy Groups: Support grassroots organisations like the Safai Karmachari Andolan (SKA) or Rashtriya Garima Abhiyan, which provide legal aid and social support to liberated workers.

5. Awareness and Sensitisation

Challenge Stigma: Actively work to dismantle the caste-based social stigma that forces certain communities into this labour.
Educational Support: Volunteer or contribute to programs that provide scholarships and tutoring to the children of sanitation workers to prevent intergenerational entrapment in the practice.

Role of Government (Specifically in 2026)

In 2026, the Government of India’s role in addressing manual scavenging is defined by a hard deadline for total eradication through technological shift and worker rehabilitation. The central focus is the completion of a three-year transition period ending in March 2026.

1. Deadline-Driven Eradication (March 31, 2026)

The government has set March 31, 2026, as the final milestone for the NAMASTE Scheme (National Action for Mechanised Sanitation Ecosystem).
- Goal: Achieving zero fatalities in sanitation work across all 4,800+ Urban Local Bodies (ULBs) in India.
- Mechanisation: A transition to 100% mechanized cleaning where no worker comes into direct contact with human waste.

2. Transformation of Workers: "Sani-preneurs"

The government has shifted from a “relief” model to an “entrepreneurial” model:
- Capital Subsidies: Identified manual scavengers and their dependents are being provided upfront capital subsidies of up to ₹5 lakh (for individuals) and ₹18.75 lakh (for groups) to purchase their own cleaning machines.
- Ownership: By turning workers into “Sani-preneurs,” the government aims to replace the exploitative contractor system with worker-owned sanitation enterprises.

3. Comprehensive Social Security & Inclusion

In 2026, the government is completing the profiling and formalisation of the workforce:
- Health Coverage: As of late 2025, over 70,950 beneficiaries have been covered under Ayushman Bharat-PMJAY.
- Expansion to Waste Pickers: In a significant policy shift during 2024–25, the government officially included 2.5 lakh waste pickers under the NAMASTE scheme, extending health insurance and PPE kits to this informal sector.
- Training: Ongoing Skill Development Training includes a monthly stipend of ₹3,000 for those transitioning to alternative livelihoods.

4. Enforcement and Institutional Monitoring

- ERSU Setup: The government is ensuring that every municipality has a functional Emergency Response Sanitation Unit (ERSU) equipped with safety device kits and machines.
- Judicial Compliance: Under pressure from the Supreme Court (2023–2025 rulings), the government is maintaining a centralised dashboard to track sewer deaths and ensure the prompt delivery of the increased ₹30 lakh compensation.
- District Accountability: As of 2026, the Ministry of Social Justice and Empowerment continues to verify the “Manual Scavenging Free” status of the remaining districts (with roughly 90% already declared free by early 2025).

Way forward to address the issue of Manual Scavenging in India

The way forward for eradicating manual scavenging in India, especially from a 2026 perspective, focuses on three crucial areas: full implementation of the NAMASTE Scheme, stringent legal enforcement, and complete societal acceptance of the ban.

Key Action Items (Short Term):

Achieve 100% Mechanization:Ensure all Urban Local Bodies (ULBs) meet the March 2026 deadline for zero human entry into sewers/septic tanks by mandating robotic and vacuum technologies.
Ensure Full Compensation:Standardise the immediate delivery of ₹30 lakh compensation for any sanitation worker death, as mandated by the Supreme Court (2023).
Formalise Sanitation Workforce:Complete the profiling of all remaining manual scavengers, formally register them under NAMASTE, and provide them with “Sani-preneur” opportunities and Ayushman Bharat health coverage.
Enforce Accountability:Strictly penalise municipal CEOs and contractors who violate the PEMSR Act, 2013, making offences cognizable and non-bailable.
Dismantle Social Stigma:Conduct mass awareness campaigns to challenge the caste-based discrimination that underpins the practice and ensure rehabilitation is not hindered by social boycott.

Inspiration Study Circle, Dehradun

ISC Explained: Manual Scavenging in India

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