Sent:�� Thursday, December 30, 2010 4:53 PM

To:�� 'Harsh'

Subject:�� FW: Details

Attachments:�� Comments on the Employment of Manual Scavengers and Construction of Dry latrines.doc; Note on Suvey process.docx; MS details.xls

From: Wilson [mailto:[email protected]]
Sent: Thursday, December 30, 2010 4:42 PM
To: '[email protected]'
Subject: FW: Details

Dear Harsh,

Please find the attachments of 1.Comments on the Act 2. Note on Survey process 3. Manual Scavenging Details

Kindly acknowledge

wilson

Dear Harsh,

Thanks for your mail. Please find the details you requested as attachments.

1. Brief History

You can extrapolate the history from our recent article: http://kafila.org/2010/12/22/why-is-it-so-difficult-to-free-india-of-manual-scavenging/ Also attaching as Word .rtf file - briefhistory.rtf.

2. Numbers of cases detailed documented by SKA

Attached as MS details

3. Estimated numbers per state of SKs (this will be sent as my estimate, not yours)

See attached file - estimated data.xls

Estimated No. of Manual Scavengers Still Doing Manual Scavenging

Uttar Pradesh            180000
Bihar                           40000
Rajasthan                    8000
Madhya Pradesh         12000
Uttarakhand                12000
Jammu & Kashmir      600
Odisha                         1200
West Bengal                2000
Himachal Pradesh       2000
Assam                         500
Punjab                         300
Jharkhand                    2000
Maharashtra                600
Chattisgarh                  2000
Gujrat                          80000

Total: 3,43,200

4.      What kind of fresh survey do we seek?

Undertake a National level common survey like the census of India to enumerate all the safai karamcharis in the country.

�Surveys for identification of scavengers and their dependents necessary to locate, specify and particularize the beneficiaries and their needs were often not methodologically sound and results varied widely�.1 The enumeration of Safai Karmacharis in 2003 initiated by the M/o. Social Justice and Empowerment in enumerating Safai Karmacharis has reached nowhere. As per the Ministry�s announcement, the total number of Safai Karmacharis in 2003 was 6,76,009. Now the ministry is claiming, in 2010, it is less than 1 lakh. We believe the actual number is above that. Such enumerations so far have not been exhaustive leading to the exclusion of as many as half the number of people enumerated. It has also failed to gather sufficient data about Safai Karmacharis and Dry latrines. There is therefore, a need to update information. Such information should include:

From the States:

No. of persons engaged in manual scavenging
Family information with data on dependants
No. of Community Dry Latrines (CDLs)
No. of Individual Dry Latrines (IDLs)
No. of employees engaged by other Ministries and other under takings

From the Central Government:

No. of Employees employed by Indian Railways
No. of employees engaged by other Ministries and other under takings/Mines
Household information and details of Dependants.

5.      What do we want as a package?

We Demand

An official apology from the Government of India for violating the human dignity and human rights Safai Karmcharis for over 3 thousand years.

Eradicate Manual Scavenging

� Demolish Dry Latrines

� Implement the 1993 Act Strictly.

� Punish Violators of the Act 1993

� Punish Dry Latrine Owners and all those who forced safai karmacharis for cleaning shit under the SC/ST Atrocity Prohibition Act 1989.

Rehabilitation Package

� Release Immediate relief of Rs. 10,000 for safai karmacharis

� Provide minimum 5 Lac rupees to safai karmacharis to take up dignified occupations.

� Provide 5 Acre fertile land to safai karmacharis for dignified livelihood

� Give Antyodaya Card to safai karmacharis

� Provide houses to safai karmacharis

�      Provide special pension for single safai karmachari women.

�      Provide special pension for aged safai karmacharis

�      Provide free education with monthly scholarship to all safai karmachari children for as many generations as their parents had worked as safai karmacharis.

�      Provide job oriented technical education to the     dependent youth of safai karmacharis with residential facility.

�      Provide support for dignified livelihood to safai karmachari women in accordance with their choice of livelihood shemes.

�      Register the title deeds of the assets of safai karmacharis women in their name only.

�      The safai karmacharis who are on the rolls of the govt or local bodies should not be retrenched but assigned alternative work in the same organization, without any discrimination in pay and other benefits. This must be ensured strictly. The alternative work should preferably be unrelated to sanitary work, so that human dignity is enhanced. (Please see Attachment)

6.      What amendments do we seek in law?

1.General Comments

The Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition) Act 1993 provides for the prohibition of employment of manual scavengers as well as construction or continuance of dry latrines and for the regulation of construction and maintenance of water seal latrines.

The Act rightly states,

�Whereas fraternity assuring the dignity of the individual has been enshrined in the Preamble to the Constitution�

Whereas the dehumanizing practice of manual scavenging of human excreta still continues in many parts of the country�

Whereas it is necessary to enact a uniform legislation for the whole of India for abolishing manual scavenging by declaring employment of manual scavengers for removal of human excreta an offence and thereby ban further proliferation of dry latrines in the country�

However the content of the Act places emphasis more on sanitation rather than on the human dignity of the manual scavengers almost all of whom are from the Scheduled Caste Community. In fact, it ignores the issue of human dignity mentioned in the preamble

Though the Act was enacted in 1993, it was brought into force only in 1997, after a delay of four years, vide Notification of the Ministry of Urban Affairs and employment S058 (E) dated 24 January 1997 in AP. Goa, Karnataka, Maharashtra,Tripura and west Bengal and all Union Territories. It is yet to be adopted by all the states.

The Act may be strengthened if the practice of manual scavenging is included under �offences of Atrocities� in Section 3 (1) (VI) of the Sc/St (Prevention of Atrocities) Act,1989.

2. Chapter II of the Act

This is the most important Chapter of the Act which contains the operational provisions

Section 3 (1) requires the State Governments to issue a notification for an area and with reference to a date. Thereafter, no people for manually carrying human excreta (b) construct or maintain a dry latrine.

There is no need for separate notification for separate areas. It will be better and proper to have one notification for the entire State with reference to a specified date.

Section 3(2) lays down that the State Government shall not issue a notification under subsection (1) unless

it has, by notification given not less that ninety days notice of its intention to do so;
Adequate facilities for the use of water seal latrines in that area exist and
it is necessary or expedient to do so for the protection and improvement of the environment of public health in that area.

Section3 (2) goes completely contrary to the very objective of abolition of the dehumanising practice of manual scavenging. By making the existence of adequate facilities for use of water seal latrines a precondition, it makes it virtually impossible to abolish manual scavenging. Clause (iii) makes the protection and improvement of environment and public health as their criterion, not the human tragedy of Dalit. This entire Section is misconceived, unwarranted, uncalled for and anti Dalit. It should be scrapped immediately.

Section 4 provides for exemptions from the Act. This again is uncalled for and unwarranted. This should be deleted. There cannot be any exemption from human dignity guaranteed under the Constitution.

3. Chapter III

In Section 5 (2) the words �as far as practicable� and �try to �should be omitted. It should be mandatory on the part of the State to rehabilitate the persons engaged in manual scavenging. The rehabilitation should include the dependents of the manual scavengers as well.

4. Chapter IV

Section 14 provides for punishment for violation of the provisions of the Act. It is necessary that the person who worked of works as manual scavenger should be exempted from any punishment. Otherwise, it is possible that some vicious elements may try to use this section to harass them as Section 3(1) forbids anyone from engaging in manual scavenging.

In Section 17, the previous sanction of the Executive Authority is needed for prosecution and cognizance of the offence can be taken only on a complaint made by a person authorized by the Executive Authority. The previous sanction and authorization by the Executive authority are unnecessary.

Section 18 places a limitation of three months for making complaints. This is not necessary. There is no need for time limit.

Other- suggestions

If the provisions of the Act are violated and manual scavenging/dry latrine is continued, an offence is committed by an individual or Municipality or Panchayat. In such a case, the procedure for prosecuting the offender including the municipality/ Panchayat should be clearly specified in the Act. A statutory duty should be cast on the District Magistrate/ Superintendent of Police to prosecute the offender for the continuance of manual scavenging/dry latrine.

There should be a specific provision in the Act laying down that all dry latrines should be demolished.

Please feel free to ask any requirements. Thank you so much for your continued support.

With best wishes,

Bezwada Wilson