ARTICLE 17

Manual scavenging and Abolition of Untouchability

Untouchability is abolished and its practice in any form is forbidden. The enforcement of any disability
arising out of Untouchability shall be an offence punishable in accordance with law.1

India’s Constitution bans the practice of untouchability, and the Protection of Civil Rights Act, 1955,
prohibits compelling anyone to practice manual scavenging. Aimed specifically at ending manual
scavenging, The Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition) Act,
1993 (the 1993 Act), declared the employment of manual scavengers and construction of dry toilets to
be punishable with fines and imprisonment. Superseding the 1993 Act, the 2013 Act goes beyond
prohibitions on dry latrines, and outlaws all manual excrement cleaning of insanitary latrines, open
drains, or pits. And, importantly, it recognizes a constitutional obligation to correct the historical
injustice and indignity suffered by manual scavenging communities by providing alternate livelihoods
and other assistance.

In order to strengthen the constitutional provision in Article 17, the Parliament enacted the Protection
of Civil Rights Act, 1955 (formerly known as Untouchability Offences Act). Within five years of the
adoption of the Constitution, the government came up with this Act that penalises manifestations of
untouchability in any form which include enforcing religious and social disabilities, refusing to admit
persons to hospitals, and unlawful compulsory labour. As per the Act, the offender “shall be punishable
with imprisonment for a term of not less than one month and not more than six months.”

The ostensible objective was to put an end to humiliation and harassment faced by the dalits and
backward classes and ensure that their fundamental rights are preserved. Although Article 17 doesn’t
define the term ‘untouchability’, it generally means the “social restrictions” imposed on certain sections
of society when it comes to accessing public places, offering prayers and performing religious services,
and getting to enjoy fundamental rights.2

Manual scavengers are the most excluded and exploited communities among Dalits. They are the lowest
in Hindu caste hierarchy and therefore suffer manifold social exclusion at the hand of caste Hindu and
state’s functionaries like the municipal officials, police, railways and defence. They are found in almost
all cities of India---cleaning, sweeping the streets and manually engage in carrying out nightsoil. Women
are the worst victims as they constitute more than eighty per cent of work force of manual scavengers.
Apart from social stigma, work of scavenging is lowly paid, it causes health problems and many manual
scavengers have died during cleaning up the sewage. There are different caste name for manual
scavengers like Balimiki, Bhangis, Mehatar, Lalbegi, Chuhara, Mira (UP,MP,Bihar,Punjab, Maharastra)
Hadi(West Bengal), Paki(Andhra Pradesh), Thotti(Tamil Nadu) etc

1
https://indiankanoon.org/doc/1987997/
2
https://www.youthkiawaaz.com/2017/11/when-will-india-be-manual-scavenging-free/
Manual scavenging has been called the worst surviving symbol of untouchability. The International
Labour Organisation defines it as the removal of human excreta from public streets and dry latrines, and
cleaning septic tanks, severs and gutters. The people engaged in carrying out this act are usually from
the lower castes: namely, the Dalits. Over 95% are Dalits (persons belonging to the scheduled castes),
who are compelled to undertake this denigrating task under the garb of “traditional occupation”. The
manual scavengers are considered as untouchables by other mainstream castes and are thrown into a
vortex of severe social and economic exploitation.

Manual scavengers are usually from caste groups customarily relegated to the bottom of the caste
hierarchy and confined to livelihood tasks viewed as deplorable or deemed too menial by higher caste
groups. Their caste-designated occupation reinforces the social stigma that they are unclean or
“untouchable” and perpetuates widespread discrimination. Women usually clean dry toilets, men and
women clean excrement from open defecation sites, gutters, and drains, and men are called upon to do
the more physically demanding work of cleaning sewers and septic tanks.

The Supreme Court found in 2014 that there were over 9.6 million dry latrines in India which required
manual emptying. The states where the practice is predominant are Gujarat, Madhya Pradesh,
Maharashtra, Rajasthan, and Uttar Pradesh. Deaths arising from manual scavenging are commonplace in
India, and there has been press attention turned to the scavengers’ dangerous conditions of work in the
National Capital.

Despite constitutional safeguards under Article 17, manual scavengers remain victims of discrimination.
There are a number of reasons for this.3

Firstly, as India is a federal democracy and sanitation falls within the competency of the states (Entry 6,
List II, Schedule VII, Constitution of India), the implementation of the prohibition on manual scavenging
rests solely within the domain of the states. Hence, no collective/nation-wide action can be taken by the
federal government.

Secondly, the law requires that the rehabilitation of scavengers has to be carried out as per the existing
schemes, even though these very schemes have not been successful in eradicating the practice in the
past.

Thirdly, it is not just the law but the attitude of public authorities which aggravates the plight of the
scavengers. The Government has repeatedly sought an extension of deadline to curb the problem,
exhibiting its lack of commitment.

In December, 2003 the Safai Karamchari Andolan along with six other civil society organizations as well
as seven individuals belonging to the community of manual scavengers filed the present writ petition
under Article 32 of the Constitution on the ground that the continuation of the practice of manual

https://www.indiawaterportal.org/sites/indiawaterportal.org/files/Eradication_Inhuman_Practice_Manual_Scave
nging_India_Rashtriya_Garima_Abhiyaan_2011.pdf
scavenging as well as of dry latrines is illegal and unconstitutional since it violates the fundamental rights
guaranteed under Articles 14, 17, 21 and 23 of the Constitution of India and the 1993 Act.4

4
“The Dignity and Rights of Manual Scavengers in India” (OxHRH Blog, 14 October 2017)
<http://ohrh.law.ox.ac.uk/the-dignity-and-rights-of-manual-scavengers-in-india> [Date of Access]