Indian Express: New Delhi: Thursday,
26 December 2024.
In its first part of an investigation, into data obtained under the Right to Information (RTI) Act, The Indian Express reported that over the past 15 years, a total of 94 people has died while cleaning sewers in Delhi.
No power to take action, a
huge staff crunch even at the senior level: the National Commission for Safai
Karamcharis (NCSK) is reeling under serious problems and has expressed
helplessness in meeting its mandate.
A non-statutory temporary body of the Ministry of Social Justice & Empowerment (MoSJE), the NCSK has been entrusted with the task of monitoring the implementation of ‘The Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013’, which prohibits manual scavenging and hazardous cleaning of sewers. It also monitors the implementation of the Supreme Court’s judgment dated March 27, 2014, and October 20, 2023, which has directed to pay Rs 30 lakh compensation (increased from Rs 10 lakh compensation in the 2014 order) in sewer death cases.
In July 2024, the commission wrote to the Ministry to express its helplessness and concerns about not being able to perform its mandated duty because of minimal support from the government. It also requested to extend the tenure of the commission by at least seven years.
In its first part of an investigation, into data obtained under the Right To Information (RTI) Act, The Indian Express reported that over the past 15 years, a total of 94 people have died while cleaning sewers in Delhi. But in 75 of those deaths, for which records are available, only one case has led to justice for the victims in the form of a conviction in court. According to records, many of the remaining cases are pending in various Delhi courts for reasons ranging from officers and witnesses not appearing for hearings to lack of adequate staff.
The Indian Express now looks at how the NCSK is struggling with staff shortage and a lack of statutory power to take action.
The issues
In the letter to the ministry, seen by The Indian Express, the commission has sought to empower NCSK to take strict action in sewer death cases and ensure the implementation of the Act. Currently, the commission has only powers to call for information with respect to any matter related to it from any government or local or other authority.
“There have been 1,266 sewer/septic tank deaths all over India up to June 30, 2024, since 1993. There have been 230 deaths in the last five years and 643 deaths in the last 10 years. There is a need to empower NCSK through statutory powers and increasing staff by providing legal personnel to follow up/monitor FIRs and compensation as well as a media team to sensitise all stakeholders regarding punitive and welfare provision of various Acts/Schemes,” reads the letter dated July 9.
The NCSK further said the commission is neither a permanent nor a statutory body to carry out its mandate and it needs to be an organisation with a longer tenure rather than being extended from time to time on a short term of three years.
The Commission’s tenure is extended from time to time through government resolutions. The last extension was on April 1, 2022, for three years and its tenure is coming to an end on March 31, 2025.
While the commission consists of the posts of chairperson, vice-chairperson and five members, it currently has only a chairperson, vice-chairperson, and one member. The posts of the four members are still vacant. The Commission was not even functioning in the year 2022-23.
Only 16 personnel are responsible for all of its functions, including internal administration, according to the submission made by NCSK in the Supreme Court.
“It is very difficult for NCSK to carry out the mandate of the MS Act, 2013, in an effective manner due to its poor staff strength and lack of regular staff. As the NCSK is not a permanent body, secretary NCSK is posted under the central staffing scheme and all other staff are either on deputation, engaged out of retired government servant or private employee on contract,” reads the letter.
“When the tenure of the commission is extended by three years only, advertisement and selection brings the tenure of employees to less than three years. No one wants to come on deputation for work for less than three years in an organisation,” it reads further.
The NCSK further said there are state Safai Karmchari Commissions, such as the Delhi Commission for Safai Karamcharis and the Karnataka State Commission for Safai Karamcharis which are statutory and permanent bodies. “In contrast, this national commission is a non-statutory and non-constitutional body…,” it added.
It also said due to Swachh Bharat Mission phases 1, 2 and 3 and the contract system in the field of sanitation, the number of safai karamchari workers has increased significantly.
“To stop their exploitation and resolve their grievances and issues, a statutory and permanent body is required. The commission has not been able to find employees for short tenure of less than three years and some posts are continuously vacant. Due to understaffing, the commission is not able to perform all its work diligently. The Commission has to communicate and coordinate with all states and UTs towards implementation of the provisions of the MS Act and Supreme Court orders. However, the short tenure of the commission and vacant posts therein hampers normal functioning… The NCSK needs to be strengthened with the provision of a longer tenure of seven years and increased staff strength to exclusively carry out its mandate and monitor the implementation of relevant acts and Supreme Court orders,” reads the letter to the Secretary of MoSJE.
Official speak
M Venkatesan, NCSK Chairperson, confirmed that the commission wrote to the government to strengthen the body with statutory powers and he is hopeful that it will be considered.
“You can gauge the power of the Commission from the fact that there was a sewer death in Tamil Nadu and we had asked for a copy of the FIR from the police. Two months have passed but they have not even provided the FIR. Till 2004, this commission had statutory powers. Other commissions like SC/ST Commission, OBC Commission, Women’s Commission, everyone has statutory power i.e they have hearing powers. They can call the officer concerned by issuing a notice. But we do not have such power. When you do not have hearing power, there is no fear of any action on any officer or police,” Venkatesan told The Indian Express.
He further said, “We can talk on the phone and get information about the incident. But police officers keep postponing it. The best we can do is send them a letter and ask them. That’s it. We cannot enforce anything. The Commission does not have the power to summon officers or have their oral evidence. Consequently, the commission is unable to assert itself effectively in providing relief to aggrieved safai karamcharis. I hope the government will make more appointments and give powers to the commission.”
The Ministry of Social Justice & Empowerment refused to say anything on this matter. A source in the Ministry said providing statutory power to the commission is off the table as of now. “However, the MoSJE may extend the tenure of the commission for five years,” said the person quoted above.
The Indian Express has also learnt that after the NDA government came to power for the third time at the Centre this June, a new proposal was sent to the Ministry for a complete overhaul of the system to deal with the issues of safai karamcharis in a coordinated manner.
“Apart from strengthening the commission, it was also proposed to create a cooperative of safai karamcharis at the district, state and national level which can take up work of cleaning, housekeeping, maintenance and facilities management etc. There is also a proposal under consideration to set up a National Institute of Sanitary Technology and Waste Management for degrees/diplomas in these fields and training of safai karamcharis and families. However, these issues have not been discussed yet,” said an official aware of the development.
In its first part of an investigation, into data obtained under the Right to Information (RTI) Act, The Indian Express reported that over the past 15 years, a total of 94 people has died while cleaning sewers in Delhi.
A non-statutory temporary body of the Ministry of Social Justice & Empowerment (MoSJE), the NCSK has been entrusted with the task of monitoring the implementation of ‘The Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013’, which prohibits manual scavenging and hazardous cleaning of sewers. It also monitors the implementation of the Supreme Court’s judgment dated March 27, 2014, and October 20, 2023, which has directed to pay Rs 30 lakh compensation (increased from Rs 10 lakh compensation in the 2014 order) in sewer death cases.
In July 2024, the commission wrote to the Ministry to express its helplessness and concerns about not being able to perform its mandated duty because of minimal support from the government. It also requested to extend the tenure of the commission by at least seven years.
In its first part of an investigation, into data obtained under the Right To Information (RTI) Act, The Indian Express reported that over the past 15 years, a total of 94 people have died while cleaning sewers in Delhi. But in 75 of those deaths, for which records are available, only one case has led to justice for the victims in the form of a conviction in court. According to records, many of the remaining cases are pending in various Delhi courts for reasons ranging from officers and witnesses not appearing for hearings to lack of adequate staff.
The Indian Express now looks at how the NCSK is struggling with staff shortage and a lack of statutory power to take action.
The issues
In the letter to the ministry, seen by The Indian Express, the commission has sought to empower NCSK to take strict action in sewer death cases and ensure the implementation of the Act. Currently, the commission has only powers to call for information with respect to any matter related to it from any government or local or other authority.
“There have been 1,266 sewer/septic tank deaths all over India up to June 30, 2024, since 1993. There have been 230 deaths in the last five years and 643 deaths in the last 10 years. There is a need to empower NCSK through statutory powers and increasing staff by providing legal personnel to follow up/monitor FIRs and compensation as well as a media team to sensitise all stakeholders regarding punitive and welfare provision of various Acts/Schemes,” reads the letter dated July 9.
The NCSK further said the commission is neither a permanent nor a statutory body to carry out its mandate and it needs to be an organisation with a longer tenure rather than being extended from time to time on a short term of three years.
The Commission’s tenure is extended from time to time through government resolutions. The last extension was on April 1, 2022, for three years and its tenure is coming to an end on March 31, 2025.
While the commission consists of the posts of chairperson, vice-chairperson and five members, it currently has only a chairperson, vice-chairperson, and one member. The posts of the four members are still vacant. The Commission was not even functioning in the year 2022-23.
Only 16 personnel are responsible for all of its functions, including internal administration, according to the submission made by NCSK in the Supreme Court.
“It is very difficult for NCSK to carry out the mandate of the MS Act, 2013, in an effective manner due to its poor staff strength and lack of regular staff. As the NCSK is not a permanent body, secretary NCSK is posted under the central staffing scheme and all other staff are either on deputation, engaged out of retired government servant or private employee on contract,” reads the letter.
“When the tenure of the commission is extended by three years only, advertisement and selection brings the tenure of employees to less than three years. No one wants to come on deputation for work for less than three years in an organisation,” it reads further.
The NCSK further said there are state Safai Karmchari Commissions, such as the Delhi Commission for Safai Karamcharis and the Karnataka State Commission for Safai Karamcharis which are statutory and permanent bodies. “In contrast, this national commission is a non-statutory and non-constitutional body…,” it added.
It also said due to Swachh Bharat Mission phases 1, 2 and 3 and the contract system in the field of sanitation, the number of safai karamchari workers has increased significantly.
“To stop their exploitation and resolve their grievances and issues, a statutory and permanent body is required. The commission has not been able to find employees for short tenure of less than three years and some posts are continuously vacant. Due to understaffing, the commission is not able to perform all its work diligently. The Commission has to communicate and coordinate with all states and UTs towards implementation of the provisions of the MS Act and Supreme Court orders. However, the short tenure of the commission and vacant posts therein hampers normal functioning… The NCSK needs to be strengthened with the provision of a longer tenure of seven years and increased staff strength to exclusively carry out its mandate and monitor the implementation of relevant acts and Supreme Court orders,” reads the letter to the Secretary of MoSJE.
Official speak
M Venkatesan, NCSK Chairperson, confirmed that the commission wrote to the government to strengthen the body with statutory powers and he is hopeful that it will be considered.
“You can gauge the power of the Commission from the fact that there was a sewer death in Tamil Nadu and we had asked for a copy of the FIR from the police. Two months have passed but they have not even provided the FIR. Till 2004, this commission had statutory powers. Other commissions like SC/ST Commission, OBC Commission, Women’s Commission, everyone has statutory power i.e they have hearing powers. They can call the officer concerned by issuing a notice. But we do not have such power. When you do not have hearing power, there is no fear of any action on any officer or police,” Venkatesan told The Indian Express.
He further said, “We can talk on the phone and get information about the incident. But police officers keep postponing it. The best we can do is send them a letter and ask them. That’s it. We cannot enforce anything. The Commission does not have the power to summon officers or have their oral evidence. Consequently, the commission is unable to assert itself effectively in providing relief to aggrieved safai karamcharis. I hope the government will make more appointments and give powers to the commission.”
The Ministry of Social Justice & Empowerment refused to say anything on this matter. A source in the Ministry said providing statutory power to the commission is off the table as of now. “However, the MoSJE may extend the tenure of the commission for five years,” said the person quoted above.
The Indian Express has also learnt that after the NDA government came to power for the third time at the Centre this June, a new proposal was sent to the Ministry for a complete overhaul of the system to deal with the issues of safai karamcharis in a coordinated manner.
“Apart from strengthening the commission, it was also proposed to create a cooperative of safai karamcharis at the district, state and national level which can take up work of cleaning, housekeeping, maintenance and facilities management etc. There is also a proposal under consideration to set up a National Institute of Sanitary Technology and Waste Management for degrees/diplomas in these fields and training of safai karamcharis and families. However, these issues have not been discussed yet,” said an official aware of the development.