NHRC calls for total eradication of Manual Scavenging by 2 October 2002

On the eve of Independence Day, the Chairperson, Justice Shri J.S. Verma, wrote to the Prime Minister and to the Chief Ministers of all States drawing their attention once again to the inhuman and degrading practice of manual handling of night-soil which is unfortunately still prevalent in many parts of the country. He called for the total eradication of this practice by 2 October 2002, the birth anniversary of Mahatma Gandhi.

In his letter to the Prime Minister, the Chairperson said, “It is a matter of national shame that despite over half a century of our independence, the inhuman practice of manual scavenging continues.” He urged the Prime Minister to take effective steps to eradicate this practice without any further delay.

The Commission, since its inception, has taken up this issue repeatedly and in various forums. The former Chairpersons of the Commission, Justice Ranganath Misra and Justice M.N. Venkatachaliah and, subsequently the present Chairperson Justice J.S. Verma had written to the Chief Ministers of the States urging them to act expeditiously to abolish this practice. The Commission has expressed its regret that, despite of all efforts, manual scavenging continues to be widely practiced in the country. In his letter to the Prime Minister, the Chairperson stated, “The Commission is constrained to believe that the requisite sensitivity and commitment is lacking” for implementing the Act and ending this scourge. The Chairperson also added “As a significant step towards its eradication, as well as an important significant symbolic gesture, it may be appropriate that everyone under your leadership, were to take action to ensure that by 2 October 2002 the scourge of manual scavenging is eradicated”.

The Commission has suggested to both the Central and State Governments that certain specific measures be taken. These include the adoption and strict implementation of the Employment of Manual Scavengers and Constructions of Dry Latrines (Prohibition) Act, 1993 by States, and the replacement of dry latrines by pour flush latrines. It was a matter of regret that the response thus far had been both uneven and inadequate.

In his letter to the Chief Ministers, the Chairperson said, “I am afraid it appears to be the result of lack of sensitivity and the needed commitment to the cause. While I appreciate that translation of intent into administrative action may take time, it can hardly be disputed that half-a-century is a long enough period to achieve this result, so important for `assuring the dignity of the individual’, promised by the Constitution of India”.

The Chairperson has also called for the personal intervention of the Chief Ministers in ensuring that this essential objective is achieved by 2 October 2002, so that all dry latrines are converted into pour flush latrines and the construction of any dwelling house or building not having pour flush latrines is not permitted.