Lok Sabha Question No. 88 (STARRED), answered on 2019-06-27
Subject: Welfare of Safaikaramcharis
Ministry: JAL SHAKTI
Asked by: Pinaki Misra

## GOVERNMENT OF INDIA MINISTRY OF JAL SHAKTI DEPARTMENT OF DRINKING WATER & SANITATION

## LOK SABHA STARRED QUESTION NO. 88 (8 th Position) TO BE ANSWERED ON 27.06.2019

## Welfare of Safaikaramcharis

## *88. SHRI PINAKI MISHRA:

Will the Minister of JAL SHAKTI be pleased to state:

- (a) whether the death of safaikaramcharis deputed to clean the sewage drains is on the rise due to lack of proper safety masks and gears for use by such workers and if so, the details thereof;
- (b)  whether  the  Government  is  considering  for  prohibiting  the  deployment  of Safaikaramcharis  into  the  sewage  drains  without  proper  masks  and  other  body gears as well as equipments for their safety and if so, the details thereof; and
- (c)  whether  the  Government  is  considering  for  awarding  stringent  punishment including  life  imprisonment  to  those  employers  who  depute  safaikaramcharis  for cleaning  of  drains  without  providing  them  safety  masks  and  gears  and  if  so,  the details thereof?

## ANSWER MINISTER OF JAL SHAKTI (SHRI GAJENDRA SINGH SHEKHAWAT)

(a) to (c) A Statement is laid on the Table of the House.

## Statement referred to in the reply to Lok Sabha Starred Question No.88 due for reply on 27.06.2019.

(a) to (b)  The issue of sewage drains is specific to urban areas.  As sanitation is a State subject, the workers for cleaning sewage drains are engaged by the urban local bodies and Works departments.   Hazardous cleaning of sewers and septic tanks is prohibited under Section 7 of the Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013 (MS Act, 2013) which is reproduced below:

'No  person,  local  authority  or  any  agency  shall,  from  such  date  as  the  State Government  may  notify,  which  shall  not  be  later  than  one  year  from  the  date  of commencement  of  this  Act,  engage  or  employ,  either  directly  or  indirectly,  any person for hazardous cleaning of a sewer or a septic tank.'

Hazardous cleaning has been defined under section 2(d) of MS Act, 2013 as under:

'Hazardous cleaning' by an employee, in relation to a sewer or septic tank, means its manual cleaning by such employee without the employer fulfilling his obligations  to  provide  protective  gear  and  other  cleaning  devices  and  ensuring observance of safety precautions, as may be prescribed or provided in any other law, for the time being in force or rules made thereunder.

Government have notified  Prohibition  of  Employment  as  Manual  Scavengers  and their Rehabilitation Rules, 2013 (MS Rules, 2013) which prescribe the obligation of the  employers  towards  workers  engaged  for  cleaning  and  sewer/septic  tank  to provide  safety  gear  and  devices  and  observe  safety  precautions  as  detailed  in  the Rules.

As  per  reports  received  from  the  States,  total  number  of  cases  of  deaths  while cleaning sewers and septic tanks are 613.

(c)   Under section 9 of the MS Act, 2013, whoever contravenes the provisions of section  7  shall  for  the  first  contravention  be  punishable  with  imprisonment  for  a term  which  may  extend  to  two  years  or  with  fine  which  may  extend  to  two  lakh rupees or with both.