Review Meeting on Eradication of Manual Scavenging
(March 18, 2007)
The NHRC Chairperson Dr. Justice Shivaraj V. Patil has called on all the States which have not adopted the Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition) Act, 1993 at the earliest. Speaking at the inauguration of a review meeting on eradication of manual scavenging in New Delhi, Dr. Patil said that these States should take serious view of the matter and adopt the act in the broader public interest. The Chairperson said in order to achieve the desired results the Government, the NGOs and the Commission all have to work in coordination. He said better practices of one state should be exchanged with others and adopted.
Dr. Patil said the legislation in this regard already exists and schemes are in place, yet the desired results have not been achieved. He emphasized that what is needed is to identify the hurdles or bottlenecks while implementing the schemes or legislation and remove the same. He also highlighted that a dedicated workforce whether it is from the government side or the NGOs would be able to bring about a real change in this field. He asked the participants at the meeting to come out with concrete suggestions and also focus on the difficulties faced by them at ground level, so that the aim to achieve eradication of manual scavenging by the end of year 2007 is realized.
Smt. Veena Chhotray, Secretary, Ministry of Social Justice and Empowerment and the Ministry of Housing and Urban Poverty Alleviation presented their Status Report on the subject.
A number of NGOs including Sulabh International, Action Aid, Garima Abhiyan, Madhya Pradesh and representatives from HUDCO participated in the deliberations.
Delegates from Assam, Andhra Pradesh, Bihar, Kerala, Tripura, Tamil Nadu, Jharkhand, Karnataka, Goa, Daman and Diu, Andaman and Nicobar Islands, Maharashtra, Gujarat, Uttar Pradesh, Rajasthan, Meghalaya, Madhya Pradesh, Jammu and Kashmir, Uttaranchal, Chhattisgarh, Orissa, West Bengal and Pondicherry also presented their
Status Report.
Recommendations of the Meeting held on 18.03.2007 for Eradication of Manual Scavenging
1 All states should adhere to the target date of 2007 for the complete eradication of the inhumane practice of manual scavenging even though date is contemplated to be extended to March, 2009. It is high time and without loss of time the states adopt the act. In case of those states who have not adopted that act, NHRC will take serious and sincere view on the matter.
SURVEY:-
2 Fresh survey be conducted for Identification of Manual Scavengers including the rural areas while parallely proceeding to rehabilitate already identified 3.4 lacs manual scavengers. .
3 Involving NGOs throughout in the process of identification, capacity building, placement linkages, convergence with other programmes and rehabilitation of manual scavengers under SRMS. NSLRS schemes approved by Cabinet now named as Schemes for Rehabilitation of Manual Scavengers (SRMS) emphasized that SRMS to be implemented through State Governments.
4 A proper rehabilitation plans needs to be executed and monitored. All state Governments should make efforts to not just rehabilitate but ensure their acceptance and reintegration in the society of the identified scavengers.
STEPS TO BE TAKEN:
5. State Governments should set quarterly target for converting the dry latrines into wet latrines.
6. The work of conversion/ construction of sanitary toilets under the scheme should be awarded to the selected NGOs who have got experience, manpower, infrastructure, expertise and credibility. The Government should prepare a list of such NGOs who fulfill these criteria.
7. There should be a separate provision for Information, education and communication (IEC) including motivational campaigns. There is such provision in case of rural sanitation. It is suggested that the same may also be included in case of urban sanitation.
8. Necessary steps should be taken by the States to impart education at the primary level to the ward of manual scavengers.
9. There is a need to examine the existing subsidy scheme in order to make it more feasible.
10. Municipal bodies to have detailed plan to construct more public toilets.
Rehabilitation, Acceptance & Reintegration
11. Rehabilitation & Reintegration is not just an issue to economical alternative
12. Need to impart training to liberated manual scavengers in the vocation of their choice.
13. Loans by Banks at liberalized rate of interest for liberated manual scavengers for setting up self employment ventures.
14. Need for good and quality schooling for children of manual scavengers along with ensuring continuation of scholarship to their children. The rehabilitation efforts should result in sustainable alternate employment, better education to dependent & their complete reintegration.
Ministry of Housing and Urban Poverty alleviation:
i. Request Ministry to expedite the approval of new schemes so that the action could be initiated accordingly.
ii. Alternative to dry latrines:- Super structure, which was not considered as a part of cost, is now added.
iii. To closely monitor the states where existing survey has indicated still large no. of dry latrines viz. UP, Bihar and West Bengal.
iv. Municipal bodies who do not remove the dry latrines should be debarred from Central Government Funds besides this being one of the criteria.
v. Need is to coverage the efforts of water supply as shift from dry latrine to wet is not just a case of eradication of manual scavenging but also of general hygiene.
vi. Coverage with technology for getting energy from human waste, on the line of Sulabh International.
vii. Penalize individual who do not convert to flush latrines even if need be resort to Section 133 Cr. PC.
Rewards
(i) To work out reward scheme to urban development bodies, those achieved 100% result in removing the menace of manual scavenging and rehabilitating the liberated manual scavengers and their families.
The Central Government notified the Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition), Act, 1993 on 24th Jan, 1997. Since then, NHRC has been vigorously pursuing the need to end the degrading practice, of manual scavenging in the country. The Commission had taken up this matter at the highest level of the Central and State Governments through a series of personal interventions by NHRC Chairperson.
In Oct, 1996, January 1997 and Aug, 2001, NHRC Chairperson wrote to the Chief Ministers of the State, and Union Territories requesting them to implement the 1993, Act properly.
Again in August 2002, NHRC Chairperson wrote to the Prime Minister of the country to consider making an announcement on the Independence Day to create awareness among the people and authorities, on the practice of manual scavenging.
The Chairperson's request was included as a part of 15-point initiative on the Independence Day. Consequently the Planning Commission formulated a National Action Plan for total eradication of Manual Scavenging by 2007.
In May 2003, the Chairperson NHRC wrote to the Prime Minister, stating that despite having eradication of Manual Scavenging as a part of a 15-point initiative, the inhuman practice was continuing in several States.
Meanwhile in 2003 the Supreme Court passed several orders to the State and Union Governments in connection with Manual Scavenging.
In the year 2005, Ministry of Urban Employment and Poverty Alleviation organized a conference of Welfare Ministers of States and Union Territories to evaluate the impact of Government programmes with respect to liberating, training and rehabilitating Scavengers. The Conference was also to draw an action plan for the total abolition of Manual Scavenging within a time frame.
On Feb 25, 2006 NHRC had a meeting on the eradication of manual scavenging with the representatives of the Central and State Governments and other stakeholders.
Present meeting aimed to take stock of the progress made by all the States and Union Territories with respect to action points, which were recommended at the February 2006 meeting. The meeting also discussed the status of adoption of the 1993 Act by the States of J&K, Manipur, West Bengal, Union Territories of Dadra and Nagar Haveli, Daman and Diu, Lakshadweep, Pondicheery, who have not yet adopted the Act.
The meeting also deliberated on the progress made to carry out a survey to identify the number of scavengers and their dependents, imparting training to these scavengers and their dependents and their rehabilitation. The meeting also discussed making provision in building by-laws----- not to sanction the construction of new buildings and not to issue completion certificate unless there there is a provision of water flush latrine, for the States which have not passed such by-laws.
The NHRC Chairperson Dr. Justice Shivaraj V. Patil has called on all the States which have not adopted the Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition) Act, 1993 at the earliest. Speaking at the inauguration of a review meeting on eradication of manual scavenging in New Delhi, Dr. Patil said that these States should take serious view of the matter and adopt the act in the broader public interest. The Chairperson said in order to achieve the desired results the Government, the NGOs and the Commission all have to work in coordination. He said better practices of one state should be exchanged with others and adopted.
Dr. Patil said the legislation in this regard already exists and schemes are in place, yet the desired results have not been achieved. He emphasized that what is needed is to identify the hurdles or bottlenecks while implementing the schemes or legislation and remove the same. He also highlighted that a dedicated workforce whether it is from the government side or the NGOs would be able to bring about a real change in this field. He asked the participants at the meeting to come out with concrete suggestions and also focus on the difficulties faced by them at ground level, so that the aim to achieve eradication of manual scavenging by the end of year 2007 is realized.
Smt. Veena Chhotray, Secretary, Ministry of Social Justice and Empowerment and the Ministry of Housing and Urban Poverty Alleviation presented their Status Report on the subject.
A number of NGOs including Sulabh International, Action Aid, Garima Abhiyan, Madhya Pradesh and representatives from HUDCO participated in the deliberations.
Delegates from Assam, Andhra Pradesh, Bihar, Kerala, Tripura, Tamil Nadu, Jharkhand, Karnataka, Goa, Daman and Diu, Andaman and Nicobar Islands, Maharashtra, Gujarat, Uttar Pradesh, Rajasthan, Meghalaya, Madhya Pradesh, Jammu and Kashmir, Uttaranchal, Chhattisgarh, Orissa, West Bengal and Pondicherry also presented their
Status Report.
Recommendations of the Meeting held on 18.03.2007 for Eradication of Manual Scavenging
1 All states should adhere to the target date of 2007 for the complete eradication of the inhumane practice of manual scavenging even though date is contemplated to be extended to March, 2009. It is high time and without loss of time the states adopt the act. In case of those states who have not adopted that act, NHRC will take serious and sincere view on the matter.
SURVEY:-
2 Fresh survey be conducted for Identification of Manual Scavengers including the rural areas while parallely proceeding to rehabilitate already identified 3.4 lacs manual scavengers. .
3 Involving NGOs throughout in the process of identification, capacity building, placement linkages, convergence with other programmes and rehabilitation of manual scavengers under SRMS. NSLRS schemes approved by Cabinet now named as Schemes for Rehabilitation of Manual Scavengers (SRMS) emphasized that SRMS to be implemented through State Governments.
4 A proper rehabilitation plans needs to be executed and monitored. All state Governments should make efforts to not just rehabilitate but ensure their acceptance and reintegration in the society of the identified scavengers.
STEPS TO BE TAKEN:
5. State Governments should set quarterly target for converting the dry latrines into wet latrines.
6. The work of conversion/ construction of sanitary toilets under the scheme should be awarded to the selected NGOs who have got experience, manpower, infrastructure, expertise and credibility. The Government should prepare a list of such NGOs who fulfill these criteria.
7. There should be a separate provision for Information, education and communication (IEC) including motivational campaigns. There is such provision in case of rural sanitation. It is suggested that the same may also be included in case of urban sanitation.
8. Necessary steps should be taken by the States to impart education at the primary level to the ward of manual scavengers.
9. There is a need to examine the existing subsidy scheme in order to make it more feasible.
10. Municipal bodies to have detailed plan to construct more public toilets.
Rehabilitation, Acceptance & Reintegration
11. Rehabilitation & Reintegration is not just an issue to economical alternative
12. Need to impart training to liberated manual scavengers in the vocation of their choice.
13. Loans by Banks at liberalized rate of interest for liberated manual scavengers for setting up self employment ventures.
14. Need for good and quality schooling for children of manual scavengers along with ensuring continuation of scholarship to their children. The rehabilitation efforts should result in sustainable alternate employment, better education to dependent & their complete reintegration.
Ministry of Housing and Urban Poverty alleviation:
i. Request Ministry to expedite the approval of new schemes so that the action could be initiated accordingly.
ii. Alternative to dry latrines:- Super structure, which was not considered as a part of cost, is now added.
iii. To closely monitor the states where existing survey has indicated still large no. of dry latrines viz. UP, Bihar and West Bengal.
iv. Municipal bodies who do not remove the dry latrines should be debarred from Central Government Funds besides this being one of the criteria.
v. Need is to coverage the efforts of water supply as shift from dry latrine to wet is not just a case of eradication of manual scavenging but also of general hygiene.
vi. Coverage with technology for getting energy from human waste, on the line of Sulabh International.
vii. Penalize individual who do not convert to flush latrines even if need be resort to Section 133 Cr. PC.
Rewards
(i) To work out reward scheme to urban development bodies, those achieved 100% result in removing the menace of manual scavenging and rehabilitating the liberated manual scavengers and their families.
The Central Government notified the Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition), Act, 1993 on 24th Jan, 1997. Since then, NHRC has been vigorously pursuing the need to end the degrading practice, of manual scavenging in the country. The Commission had taken up this matter at the highest level of the Central and State Governments through a series of personal interventions by NHRC Chairperson.
In Oct, 1996, January 1997 and Aug, 2001, NHRC Chairperson wrote to the Chief Ministers of the State, and Union Territories requesting them to implement the 1993, Act properly.
Again in August 2002, NHRC Chairperson wrote to the Prime Minister of the country to consider making an announcement on the Independence Day to create awareness among the people and authorities, on the practice of manual scavenging.
The Chairperson's request was included as a part of 15-point initiative on the Independence Day. Consequently the Planning Commission formulated a National Action Plan for total eradication of Manual Scavenging by 2007.
In May 2003, the Chairperson NHRC wrote to the Prime Minister, stating that despite having eradication of Manual Scavenging as a part of a 15-point initiative, the inhuman practice was continuing in several States.
Meanwhile in 2003 the Supreme Court passed several orders to the State and Union Governments in connection with Manual Scavenging.
In the year 2005, Ministry of Urban Employment and Poverty Alleviation organized a conference of Welfare Ministers of States and Union Territories to evaluate the impact of Government programmes with respect to liberating, training and rehabilitating Scavengers. The Conference was also to draw an action plan for the total abolition of Manual Scavenging within a time frame.
On Feb 25, 2006 NHRC had a meeting on the eradication of manual scavenging with the representatives of the Central and State Governments and other stakeholders.
Present meeting aimed to take stock of the progress made by all the States and Union Territories with respect to action points, which were recommended at the February 2006 meeting. The meeting also discussed the status of adoption of the 1993 Act by the States of J&K, Manipur, West Bengal, Union Territories of Dadra and Nagar Haveli, Daman and Diu, Lakshadweep, Pondicheery, who have not yet adopted the Act.
The meeting also deliberated on the progress made to carry out a survey to identify the number of scavengers and their dependents, imparting training to these scavengers and their dependents and their rehabilitation. The meeting also discussed making provision in building by-laws----- not to sanction the construction of new buildings and not to issue completion certificate unless there there is a provision of water flush latrine, for the States which have not passed such by-laws.