Category Archives: press release

Davangere (22/02/2018): 156 persons Identified as Manual Scavengers by Davangere City Corporation

In a significant success for the efforts towards eradication of manual scavenging and rehabilitation of manual scavengers in Karnataka, Davangere City Corporation (DCC) has accepted the self-declaration forms submitted by Safaikarmachari Kavulu Samithi (SKKS) and has registered 156 persons as manual scavengers and issued them ID cards which marks the beginning of their rehabilitation process.

The significance of this achievement has to be seen in the light of the complete denial by all local authorities in Karnataka to registers workers as manual scavengers and provide them rehabilitation even when presented with evidence and self-declaration forms attesting to their having worked or continuing to work as manual scavengers. In the survey conducted by the various Urban Local Bodies (ULBs) in the state, total number of manual scavengers officially identified had been just 302. The gross underestimation of number of manual scavengers in urban Karnataka that this number reflects would be come clear when one looks at the fact that 2011 Census had enumerated over 73,769 insanitary latrines (services by humans and animals or draining into open pits) in urban Karnataka. So if one is to believe, the state government figures, just 302 manual scavengers are cleaning 73,769 insanitary latrines. If you add, the single pit latrines, which also requires manual cleaning every couple of years, we are looking at numbers of much higher order than 302. The failure to identify those working as manual scavengers not only amounts to perpetuation of manual scavenging practice by the government which is responsible for its prohibition but it is also the denial of rehabilitation to them and thus violation of their right to human dignity. Most of these persons belongs to Dalit communities, which explains why the government and administration is so criminally negligent when it comes to removal of the casteist practice of manual scavenging.

To expose the lies of the government, SKKS had organised a State-level jatha during 22-31 March 2016 wherein those who had been working as manual scavengers were urged to come forward and submit self-declaration forms to the respective ULBs. When the Jatha reached Davangere, 56 workers from Nituvalli colony came forward, expressing their willingness to file self-declaration forms. Mr. D S Babbanna from Action Initiative for Development (AID) became a member of SKKS and helped the workers file self-declaration forms. On July 31 2016, these forms were submitted to the City Corporation and the District administration, demanding registration and rehabilitation for those working as manual scavengers. SKKS had estimated that in Davangere district there are more than 300 persons working as manual scavengers across various ULBs and the district administration should direct all ULBs to carry out a comprehensive survey to demolish all insanitary latrines and identify all manual scavengers employed to clean them.

Submission of Self-declaration forms by workers
Submission of Self-declaration forms by workers

The City Corporation refused to register these workers as manual scavengers and effectively denied them a life of dignity. Even the district administration also refused to give directions to the ULBs to register those who have come forward as manual scavengers or to carry out a survey for identification of insanitary latrines and persons working as manual scavengers. SKKS carried out its own surveys and re-surveys on three occasions and filed more self-declaration forms with the City Corporation. By now, the total number of persons who had come forward had increased to 156 but the administration refused to register them.

A case was filed at the Karnataka State Safaikarmachari Commission in February 2017, which visited the area and directed that a inter-departmental Inquiry Committee be formed to look into the matter. Following the favourable report of the Inquiry Committee, in Nov 2017, the Corporation agreed to register the workers as manual scavengers.

After 1.5 years of submission of self-declaration forms, finally, in a public event organized on 22nd February 2018 at Rotary Club in Davangere under the joint aegis of Safaikarmachari Kavulu Samithi, District Legal Services Authority, District Lawyers Association, District Social Welfare Department, City Corporation, Manual Scavengers’ and Safaikarmachari Welfare Trust, Dr. B R Ambedkar Development Corporation and AID organization, the registered workers were provided ID cards.

Persons identified as manual scavengers receiving identity cards from the Hon’ble District and Sessions Judge
Persons identified as manual scavengers receiving identity cards from the Hon’ble District and Sessions Judge
Registration ID Cards for eligibility for rehabilitation
Registration ID Cards for eligibility for rehabilitation

The meeting was presided over by Justice S. H. Hosgoudar, Chief District and Session Judge and Chairman, District Legal Services Authority. He said that protection of individual dignity is a crucial part of the Indian Constitution and hence untouchability and caste-based discrimination has been outlawed but the continuation of a inhuman practice like manual scavenging as evident from the news reports of manual scavenging deaths is a blot on the whole nation.

Persons identified as manual scavengers and their families participating in the meeting

Senior Advocate Mr. L H Arunkumar, member of State Legal Services Authority pointed out that in the 3 years between 2013 and 2016, 1500 persons have been killed all over India while engaged in manual scavenging. In the state, more than 15 persons have died in such cases of manual scavenging.

Persons identified as manual scavengers and their families participating in the meeting

While the acceptance of self-declaration forms and registration of these 156 persons is a significant milestones, the dream of a manual scavenging free Karnataka is still quite far and following urgent steps need to be taken as small steps towards that dream:-

  1. The State government should direct all urban and rural local bodies to carry out comprehensive survey of insanitary latrines within their jurisdiction which should be completed in the next two months;
  2. The State government should direct all urban and rural local bodies to identify and register all manual scavengers working under their jurisdiction including those who have already submitted self-declaration forms within 3 month period;
  3. The State government should initiate meaningful rehabilitation process of all identified manual scavengers as per the provisions of the MSR Act 2013 and the directions of the Supreme Court and complete the process in six months;
  4. The process of investigation and filing of chargesheets into all the 35 cases of manual scavenging leading to deaths should be fast tracked and special public prosecutor should be appointed to secure convictions in each of these cases; State government should use its power under Sec 21 of the MSR Act 2013 to confer powers of Judicial Magistrate on the Executive Magistrate to expedite the proceedings.

Report by Mr. Babanna, AID and member of Safaikarmachari Kavulu Samithi 

Case Report (17-27 Feb 2018): Manual Scavenging during religious festival at Shravanbelegola in Hassan district, Karnataka

On Jan 27, 2018, The Hindu, had reported that insanitary latrines in violation of the Prohibition of Employment as Manual Scavengers and their Rehabilitation (MSR) Act 2013 had been built at Tyagi Nagar – a temporary are built at Shravanbelegola – to be used during the Mahamastakabhisheka festival at Shravanbelegola in Hassan, Karnataka. The news report also mentioned that dalits from Chitrakoot district in Uttar Pradesh have been brought to clean these insanitary latrines.

On Jan 28, 2018, the Principal Secretary to the Revenue Department, Government of Karnataka, directed the organisers to demolish the insanitary latrines as reported by the The Hindu. Section 5 of the MSR Act 2013 states that

5. (1) Notwithstanding anything inconsistent therewith contained in the Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition) Act, 1993, no person, local authority or any agency shall, after the date of commencement of this Act,—
(a) construct an insanitary latrine;

Any contravention of provisions of Section 5 is punishable under Section 8 of the MSR Act 2013. Hence, instead of directing the organizers of the religious festival, the administration should have filed criminal charges against the organizers for violation of the MSR Act 2013.

On 30 Jan 2018, after a visit to the site, members of Karnataka State Safai Karmachari Commission had brought this to the notice of the district administration and had issued a notice to the organizers to demolish all insanitary latrines, as reported by The Hindu.

Despite these directions, the insanitary latrines were not demolished. Under the Act, the Deputy Commissioner has the responsibility of ensuring that the prohibitory provisions are not violated but the Deputy Commissioner of Hassan district Ms. Rohini Sindhuri appeared to condone the violations. The News Minute had quoted her saying:

“The Tyagis are Digambar Jains and are set in their ways. They don’t use the sanitary toilets that we use. The township has been divided into 12 Nagars and Tyagi Nagar is being looked after by the Jain Mutt. The Safai Karamchari Commission and the Revenue Secretary has issued a notice to the mutt, but the religious leaders said that they will defecate in the open since it is their custom.”

She claimed that the festival was not violating the provisions of the MSR Act 2013. But the videos and the pictures below show clearly that the organizers chose to ignore these directions of the Commission and the Revenue Department even as the the district administration chose to look the other way and wilfully abetted the perpetuation of the casteist inhuman practice of manual scavenging.

 

 

Image showing insanitary latrines being cleaned by workers
Without a flush, these latrines require manual cleaning making them insanitary latrines as defined under the MSR Act 2013
Sec 5 of the MSR Act 2013 prohibits construction of insanitary latrines. Violation of this provision is a punishable criminal offense.

2(1)(g) “manual scavenger” means a person engaged or employed, at the commencement of this Act or at any time thereafter, by an individual or a local authority
or an agency or a contractor, for manually cleaning, carrying, disposing of, or otherwise handling in any manner, human excreta in an insanitary latrine or in an open drain or pit into which the human excreta from the insanitary latrines is disposed of, or on a railway track or in such other spaces or premises, as the Central Government or a State Government may notify, before the excreta fully decomposes in such manner as may be
prescribed, and the expression “manual scavenging” shall be construed accordingly.

Employment of persons for cleaning insanitary latrines is prohibited under Sec 7 of the MSR Act 2013.
Barefoot workers cleaning the insanitary latrines

After this damning evidence surfaced, Safaikarmachari Kavulu Samithi Karnataka, submitted complaint to the Chief Secretary of Government of Karnataka and also submitted a memorandum to the Chairman of National Safai Karmachari Commission during their visit to Karnataka. Safaikarmachari Kavulu Samithi demanded that cases should be  immediately booked under Sec 8 and 9 of the Prohibition of Employment as Manual Scavengers and their Rehabilitation Act 2013 and Sec 3(1)(j) of the SC/ST Prevention of Atrocities Act 1989 as amended in 2016 against the organizers of the event and the Deputy Commissioner of Hassan district who failed to ensure the dignity and human rights of dalit workers.

As a follow-up to the complaint filed with Chief Secretary, Government of Karnataka and Karnataka State Safai Karmachari Commission by Safai Karmachari Kavulu Samithi, a spot inspection was arranged to be conducted on 15.03.2018. It is pertinent that the complaint against Deputy Commissioner, Hassan for constructing insanitary latrines and employment of manual scavengers to clean them in violation of Sec 5 and 7 of The Prohibition of Employment as Manual Scavengers and their Rehabilitation Act 2013, was filed on 30.01.2018. The festival for which these insanitary latrines were constructed was held between Feb 7-26 2018. Hence, the administration did not act on these complaints till the event was over and a spot inspection was arranged after 45 days of the complaint being filed and 3 weeks of the event being over.

On 15.03.2018, the inspection was conducted in the presence of officials from Social Welfare Department, Tehsildar Office (Chennarayapattana), Panchayat Development Officer (Shravanbelegola) and Assistant Executive Engineer, Hassan, Karnataka Urban Water Supply Board.

Spot Inspection (Mahajar) Report:

Mahazar Report

We visited one portion of a temporary settlement called Tyaginagar built for the Jain monks. On one side of the settlement 72 dry latrines have been constructed exclusively for use by the monks. We were told that there were at least two more such latrine clusters which means upwards of 200 insanitary latrines.

Notice saying “For Use by Monks Only”

There was clear evidence that these latrines had been used as some of them still had dry faecal matter and there was no flush system to clean the faeces without either using a bucket or a pipe.

Picture of a Insanitary Latrine with dry fecal matter as present on 15.03.2018
Picture of a Insanitary Latrine with dry fecal matter as present on 15.03.2018

The faecal matter had to be washed away using bucket or a pipe to pits dug up behind these latrines. The pits had been covered with tin sheds and strong smell was emanating from the used latrines and the pits. The space around the pits and latrines were closed off using tin sheets and it is not possible for Sucking Machines to enter the area and clean the latrines.

Pits dug behind the insanitary latrines into which undecomposed fecal matter was being discharged

Section 2(1)(e) of the Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013, defined insanitary latrines in following terms:-

insanitary latrine” means a latrine which requires human excreta to be cleaned or otherwise handled manually, either in situ, or in an open drain or pit into which the excreta is discharged or flushed out”

Clearly the fecal matter from the latrines built at Shravanbelegola had to be cleaned manually and had been discharged into pits before decomposition as evidenced by the strong smell emanating from the pits.

Section 5(1)(a) of the 2013 Act prohibits construction of insanitary latrines:-

5. (1) Notwithstanding anything inconsistent therewith contained in the Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition) Act, 1993, no person, local authority or any agency shall, after the date of commencement of this Act,—

           (a) construct an insanitary latrine;

Any violation of this prohibition is a punishable offense as per Sect 8 of the Act:-

8. Whoever contravenes the provisions of section 5 or section 6 shall for the first contravention be punishable with imprisonment for a term which may extend to one year or with fine which may extend to fifty thousand rupees or with both, and for any subsequent contravention with imprisonment which may extend to two years or with fine which may extend to one lakh rupees, or with both.

Section 22 of the 2013 Act states that

22. Notwithstanding anything contained in the Code of Criminal Procedure, 1973, every offence under this Act shall be cognizable and non-bailable.

Thus the police can take cognizance of offences under the Act even without a complaint but as yet there is not even an FIR in this case. Is the Deputy Commissioner above the law? Or is the dignity of dalit workers expendable?

 

Press Release (24/02/2018): Despite claims to the contrary, the organizers of religious festival at Shravanbelegola built and used insanitary latrines in violation of the law

Date: 24.02.2018

Despite the claims of Hassan Deputy Commissioner Rohini Sindhuri that provisions of the Prohibition of Employment as Manual Scavengers and their Rehabilitation (MSR) Act 2013 were not violated during the Mahamastakabhisheka festival at Shravanbelegola, Hasan, Karnataka, evidence in possession of the Safaikarmachari Kavulu Samithi – Karnataka shows clearly that insanitary latrines were built at the venue and cleaned by barefoot workers which violates section 5 and 7 of the MSR Act 2013.

On Jan 27, 2018, The Hindu, had reported that insanitary latrines in violation of the MSR Act 2013 had been built at Tyagi Nagar – a temporary are built at Shravanbelegola – to be used during the Mahamastakabhisheka festival at Shravanbelegola in Hassan, Karnataka. The news report also mentioned that dalits from Chitrakoot district in Uttar Pradesh have been brought to clean these insanitary latrines. During a visit to the site, members of State Safai Karmachari Commission had brought this to the notice of the district administration and had issued a notice to the organizers to demolish all insanitary latrines.

The Newsminute had quoted the Deputy Commissioner saying: “The Tyagis are Digambar Jains and are set in their ways. They don’t use the sanitary toilets that we use. The township has been divided into 12 Nagars and Tyagi Nagar is being looked after by the Jain Mutt. The Safai Karamchari Commission and the Revenue Secretary has issued a notice to the mutt, but the religious leaders said that they will defecate in the open since it is their custom.”

But as the pictures below show clearly, the organisers chose to ignore these directions of the Commission and the Revenue Secretary even as the the district administration chose to look the other way and wilfully abetted the perpetuation of the casteist inhuman practice of manual scavenging.

We demand that cases should be booked under Sec 8 and 9 of the Prohibition of Employment as Manual Scavengers and their Rehabilitation Act 2013 and Sec 3(1)(j) of the SC/ST Prevention of Atrocities Act 1989 as amended in 2016 against the organisers of the event and the district officials who failed to ensure the dignity and human rights of dalit workers. Since 2008, 72 lives have been cut short by this cruel practice of manual scavenging in Karnataka and the State has failed to convict even one accused in these cases. Would the flagrant violation of human rights of dalits at Shravanbelegola go similarly unpunished?

Mr. K B Obalesh
State Convener, Safaikarmachari Kavulu Samithi Karnataka
Ph: +91 97425 86468

 

Press Release (14/02/2018): Government apathy and inaction leads to two more preventable manual scavenging deaths in Bengaluru

14th February 2018

In a sheer display of government apathy and neglect, two more labourers, Ramu (age 25 ) and Ravi (age 28 ), from Raichur, have been deliberately pushed to death in a septic tank at the Yum Lok restaurant in AECS layout. These deaths are as a result of failure of the Karnataka State Pollution Control Board (KPSCB) and the BBMP to strictly implement guidelines around the construction and maintenance of commercial establishments.
Under section 7 of the Prohibition of Employment as Manual Scavengers and Their Rehabilitation Act, 2013,expressly prohibits employment of persons for hazardous cleaning of a sewers or septic tanks and any contravention of this section is cognizable and a non-bailable offence under section 9 of the above Act. Additionally, offences are made out under section 3(1) (j) of the Prevention of Atrocities Act, 1989 as amended in 2016, as well as under IPC sec 304 (part 2).

As per the statement issued by the Municipal Corporation’s Joint Commissioner for Health, Sarfaraz Khan, the restaurant’s application has been rejected by the Bruhat Bengaluru Mahanagar Palike but it has continued to operate illegally. Why are illegal entities continuing to operate in Bengaluru? It is due to failure of the monitoring and implementing bodies such as the BBMP and KPSCP to continuously monitor and take strict actions to shut down commercial establishments that operate with impunity and leading to loss of life of young men from marginalized communities.

The Safai Karmachari Kavalu samiti, Karnataka, is a group of activists working for the rehabilitation of persons engaged in manual scavenging and total eradication of manual scavenging, which is the worst form of caste based slavery. Known cases of manual scavenging related deaths in Bengaluru city has already reached 5 in 2018. The Kavalu samiti strongly condemns the continuing inaction by the KSPCB, BBMP and state government to take strict action to prevent all forms of manual scavenging and strictly penalize violations by the government, commercial establishments and apartment complexes.

As per the directions under the 2014 Supreme Court judgement in Safai Karamachari Andolan & Ors. Vs. Union of India & Ors family of the two men, should be provided a compensation of Rs. 10 lakhs each immediately and the state government should also take immediate steps towards providing a government job to one member of deceased family as per the provisions of the 2013 Act and 2014 SC judgement.

For more information, please contact

Mr. K B Obalesh
State Convener, Safaikarmachari Kavulu Samithi Karnataka
Ph: +91 97425 86468

Media Coverage

  1. Manual scavenging: Monitoring panel has had only one meeting,’ The Hindu, Feb 16, 2018.

Press release (07/02/2018): The Safaikarmachari Kavalu Samiti demands demolition of the caste discriminatory wall in Santhaiyur village, Madurai, as per High court orders, August 2017

7th February 2018

Safaikarmachari Kavalu Samiti, Karnataka is a group of activists working for the rehabilitation of persons engaged in manual scavenging and total eradication of manual scavenging, which is the worst form of caste based slavery.

The samiti is distressed and deeply concerned that a 50 foot long and 5 foot high wall has been erected by the Paraiyar community in Santhaiyur village, specifically to create a barrier against the Arunthathiyars living in the same area.

Inspite of the Madurai bench of the Madras High court ordering in August 2017, that the wall, which has been built unlawfully, should be demolished within four months, there has been no attempt to demolish the wall.

The Safai Karmachari Kavalu Samiti is of the belief that this kind of wall exists between different sub-castes across the country and is a manifestation of a deep rooted caste structure that divides even those it oppresses.

The communities which have been victim to the caste system for decades, should work together to remove these caste hierarchies between themselves and not become further points of oppression.

We urge the paraiyar community to immediately dismantle this wall that is a form of humiliation and oppression against the arunthathiyar community. If this is not done, we demand the district administration of Madurai to intervene and dismantle the wall to uphold the Constitutional right to dignity of the Arundhathiyar community.

For more information, please contact

Mr. K B Obalesh

State Convener, Safaikarmachari Kavulu Samithi Karnataka

Ph: +91 97425 86468

Press Release (31/01/2018): The STP that killed 3 workers at N D Sepal Apartments shouldn’t have been operating in the first place

Date: 31 Jan 2018

The death of Madegowda (45), Srinivas (52) and Narayanswamy (43) while cleaning the Sewage Treatment Plant (STP) at N D Sepal Apartments at Somsundarapalya, Bengaluru could have been prevented if Karnataka State Pollution Control Board (KSPCB) had discharged its responsibility by ordering the closure of the STP which was not authorized to operate in the first place.

To be in compliance with the mandatory requirements of the Water (Prevention and Control of Pollution) Act 1974, apartments have to seek Consent for Establishment (CFE) before building STPs and Consent for Operation (CFO) before starting operation of the STP.

Documents accessed by Safaikarmachari Kavulu Samithi-Karnataka, a forum of Dalit activists working to eradicate manual scavenging, show that while the builder of N D Sepal Apartment had been granted Consent for Establishment (CFE) in 2006, the apartments owners had not applied for Consent For Operation (CFO), making the STP an unauthorized illegal one. Whats more, this fact was not unknown to the officials of the Board. In a joint inspection conducted by KSPCB and BWSSB officials on 12.06.2017, the inspection team discovered that the apartments were operating the STP without proper authorization. The inspection report also noted that the treatment process of the STP was non-compliant with the specified discharge standards.

Based on this inspection report, a show-cause notice was sent on 24.07.2017 to the N D Sepal Apartment Owners Association asking them to respond in 7 days time, to which the apartment owners never responded. In light of these events, KSPCB should have issued closure notice to the apartment asking them to immediately shut down the STP but no such action has been taken as on date. If KSPCB had discharged its regulatory responsibilities, three lives could have been saved.

This is the third in a series of incidents in the last 18 months where workers with no experience of STP maintenance have been made to clean them and have died in the process. On 17th Oct 2016, two workers Venkatesh (27) and Manjunath (30) had died while cleaning the STP at RNS Shantinivas Apartments in Yeshwantpur. On June 1, 2017, Prithviraj (23) had died in the STP at Jatti Dwarkamayi Apartments in Whitefield. These deaths could have been prevented if the Board while mandating establishment of STPs in apartments had asked the question of who will clean these STPs and put in place guidelines on cleaning of STPs in compliance with the provisions of the Prevention of Employment as Manual Scavengers and their Rehabilitation Act 2013. But keeping in with the casteist origin of the practice of Manual Scavenging no such guidelines were prescribed leading to the death of 6 workers, two of them Dalits. In light of the above facts, Safaikarmachari Kavulu Samithi Karnataka demands that an urgent meeting of the Board be convened and following actions be taken:-

  1. All unauthorised and non-compliant STPs should be shut down immediately;
  2. The Board should issue immediate notification prohibiting engagements of human beings for cleaning, repair and maintenance of the STPs which is a criminal offence as per Section 7 of The Prevention of Employment as Manual Scavengers and their Rehabilitation Act 2013;
  3. The Board should issue detailed guidelines on Operation and Maintenance including cleaning of STPs prescribing procedures which are complaint with provisions of The Prohibition of Manual Scavenging and their Rehabilitation Act 2013.

Lastly the Police should add penal sections of The Prevention of Employment as Manual Scavengers and their Rehabilitation Act 2013 as well as the Sec 304 Part II of Indian Penal Code to the existing FIRs.

For more information, please contact

Mr. K B Obalesh

State Convener, Safaikarmachari Kavulu Samithi Karnataka

Ph: +91 97425 86468

Media Coverage

  1. ‘No approval was sought for STP where 3 manual scavengers died’, Times of India, Feb 1, 2018.