In HC, govt contradicts CAG report: ‘No manual scavenging in the state after 2007’

The affidavit cites surveys by the Indian Institute of Management, Ahmedabad (IIM-A) and Tata Institute of Social Science (TISS), Bombay. The TISS survey of 2006, annexed to the affidavit, said that 2,456 households of scavengers were identified and a total of 4,333 individuals were found to be working as manual scavengers. But the government has also claimed it has taken corrective measures to abolish the practice since these surveys. The government also cites a more recent survey by the director of municipalities that reiterates that scavenging was down to zero by January 1, 2014.

“…based on the said study (by TISS), the state government had taken steps in accordance with the policies prevailing at the given point of time, in the interest of society and especially in the interest of such scavengers and their family members,” Khadia has stated in the affidavit.

He has said that Gujarat Safai Kamdar Vikas Nigam, a government undertaking, implemented an employment scheme for rehabilitation of manual scavengers, as introduced by the Central government with effect from January 2007.

The affidavit says that the exercise of collecting independent data was also carried out and “after the preparation of the list of erstwhile manual scavengers in the month of February 2008, it was decided to extend the benefits of self-employment scheme for rehabilitation of manual scavengers.” The government assigned Hardicon Limited the task for rehabilitating 4,209 eligible beneficiaries who were reportedly disbursed benefits amounting to Rs 12.15 crore.

Denying the allegations of manual scavenging as levelled in the petition filed by a voluntary organisation, Lok Adhikar Sangh, in 2003, the affidavit claims, “During the pendency of the petition, the new Act – Prohibition of Employment as Manual Scavenging and their Rehabilitation Act, 2013 – has come into force, wherein, the whole issue is considered…”

“…Even prior to the Act, in 2013, a survey was carried out by the state authorities and its departments in compliance of directives issued by the central government. I say and submit that as far as the most recent report dated January 1, 2014 of director of municipalities, there is no manual scavenging being done in the state of Gujarat in municipal areas,” the affidavit claims.

It says that under the 2013 Act, the formation of various committees has already been initiated. A committee was formed by government resolution on October 10, 2014 by the panchayat urban housing and urban development department. A new resolution was also issued on June 21 this year, whereby entering into the manhole has been prohibited.

“..As the Act has come into force in 2013 only, the whole process is in transition period and soon all the requirements as contemplated in the said Act would be completed…that even today, till date various machines with improved technology have been purchased and the same are utilised and use of such machines is also promoted for the purpose of cleaning manhole, human excreta, other such wastes etc,” the affidavit says. The affidavit was filed after a division bench ordered the state government in August this year, noting that “manual scavenging and working of ill-equipped workers’ training in manhole is an unfortunate reality simply refusing to go away despite legislations and court’s order”.