Mains – 5th Nov 23

Disability in India

Why in News?

Union government was pulled up by the Parliamentary Standing Committee on Social Justice and Empowerment for failing to accurately estimate the current population of Persons with Disabilities (PwDs) in the country.

Disabilities in India:

According to an estimate by the World Health Organisation, globally, 15 percent of the population live with some form of disability, while over 80 percent of that share live in Low- and Middle-Income Countries.
In India, over 2.2 percent of the total population endures some form of severe mental or physical disability.
Conceptually, since the condition of disability is rather transient than static, there is no one universal definition of what comprises a disability or who is considered disabled.
In India, the list of criteria that categorizes people as disabled was revamped in 2016 and came into effect with the Rights of People with Disabilities Act.

National Policy for PwD, 2006:

The existing National Policy for Persons with Disabilities was adopted in 2006.
Implementing Agency: Ministry of Social Justice & Empowerment is the nodal agency to coordinate all matters relating to the implementation of the Policy.
The policy seeks to recognize that PwDs are valuable human resource for the country and seeks to create an environment that provides them equal opportunities, protection of their rights and full participation in society.
The focus areas of the policy include:
- Prevention of Disabilities: The policy calls for programme for prevention of diseases, which result in disability and the creation of awareness regarding measures to be taken for prevention of disabilities.
- Rehabilitation Measures: Rehabilitation measures includes physical rehabilitation, educational rehabilitation, and economic rehabilitation.
- Women with disabilities: Special programmes will be developed for education, employment and providing of other rehabilitation services to women with disabilities keeping in view their special needs.
- Children with Disabilities: The Government would strive to Ensure right to care, protection and security for children with disabilities;
- Barrier-free environment: The goal of barrier free design is to provide an environment that supports the independent functioning of individuals so that they can participate without assistance, in everyday activities.

Why in News?

According to the Ministry of Social Justice and Empowerment (MoSJ&E), a total of 530 districts (out of total 766) across the country had so far reported themselves to be free of manual scavenging.

More about the Manual Scavenging

As per International Labor Organisation (ILO), manual scavenging includes mainly the disposal of human excreta from dry latrines, public streets and the maintenance and sweeping of septic tanks, sewers and gutters.
Though found in other regions of the world, the practice is most popular in India, where people from lower castes (over 90% are SC) are typically involved in carrying out manual scavenging, which is considered the worst remaining evidence of being an untouchable.
In India, ~58,098 people worked as manual scavengers as of 2018 and 941 people have died (since 1993) due to accidents while undertaking hazardous cleaning of sewer and septic tanks.

Attempts to Abolish Manual Scavenging in India:

The Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition) Act, 1993.
- It covered only dry latrines and the definition of manual scavenging was restricted to a person employed for manually carrying human excreta.
- Also, there was no stress laid upon the rehabilitation of these workers and the lenient penal punishment could not create deterrence in society.
The Prohibition of Employment as Manual Scavengers and their Rehabilitation (PEMSR) Act 2013 replaced the Act of 1993.
- Unlike the previous act, which was drafted with cleanliness in mind, the current legislation emphasises the human dignity, rights and rehabilitation of manual scavengers.
Safai Karamchari Andolan v. Union of India (2014): The SC highlighted the importance of rehabilitation, to prevent present as well as future generations from working as a manual scavenger.

Salient Features of the PEMSR Act 2013:

It bans manual scavenging and widened the definition of manual scavengers – to include all forms of manual removal of human excreta like an open drain, pit latrine, septic tanks, manholes and removal of excreta on the railway tracks.
It calls for a survey of manual scavenging in urban and rural areas and the conversion of insanitary latrines into sanitary latrines.
It makes it obligatory for employers to provide protective tools to the workers.
It lays key focus on rehabilitating the manual scavengers by providing them with ready-built houses, financial assistance and loans for taking up alternate occupation on a sustainable basis.
The offence of manual scavenging has been made cognizable and non-bailable.

Other Efforts to Abolish Manual Scavenging in India:

Self-Employment Scheme for Rehabilitation of Manual Scavengers (SRMS): It was revised in 2013, with the:
- Provision of One Time Cash Assistance of Rs. 40,000/- to one identified manual scavenger in the family.
- Capital subsidy upto Rs. 3.25 lakh to identified manual scavengers and their dependents for self-employment projects upto Rs. 10.00 lakh.
- Skill Development Training upto two years to identified manual scavengers and their dependents with stipend @ Rs. 3,000/- per month during the training period.
NAMASTE scheme: The National Action Plan for Mechanised Sanitation Ecosystem(NAMASTE) scheme was launched in 202223 for 100% mechanisation of sewer work by 2025-26. The SRMS has now been merged with the NAMASTE scheme.
Launch of the Swachata Mobile App in 2016: To complain for possible signs of ongoing manual scavenging.

Concerns Regarding the Implementation of above Measures:

Non-compliance: With mandated safety measures and standard operating procedures (SOP) still causes fatal accidents in sewers and septic tanks.
- 330 people have died while being engaged in cleaning sewers and septic tanks in the last five years.
Lack of financial assistance: For example, the Union Budget 2023-24 showed an allocation of only ₹100 crore for the NAMASTE scheme.
Low conviction rate: In cases either under the Prohibition of Manual Scavenging Act or under the SC/ST Act.