The National Conclave on Implementation and Challenges PEMSRA Act, 2013, held on February 19-20, 2025, in NLSIU Bangalore and jointly organized by Saifaikarmachari Kavalu Samithi-Karnataka (SKKS), National Law School of India University (NLSIU), Thamate, Sakhi Trust, and the Centre for Law and Policy Research (CLPR). The event brought together key stakeholders, legal experts, policymakers, and community representatives to discuss the continued failures in enforcement, the systematic neglect of manual scavengers, and the urgent need for comprehensive rehabilitation and social justice measures. Over two days, participants engaged in state-wise discussions, policy analyses, and strategic deliberations to address the persistent gaps in legal implementation and advocate for sustainable solutions. The conclave provided a crucial platform for affected communities to voice their experience and for experts to propose actionable policy recommendations that uphold justice and dignity for those impacted by manual scavenging.
The opening session provided a platform for various state representatives to share their experiences regarding the implementation of the PEMSRA Act. Speakers highlighted systemic governmental neglect, inadequate rehabilitation efforts, and the continued caste-based exclusion of sanitation workers. Among the major concerns raised were the failure of governmental surveys to accurately recognize manual scavengers, the lack of access to benefits such as financial aid and alternative employment, and the erasure of their identities through forced relocations. Judicial interventions were identified as a critical necessity in compelling the government to act on policy enforcement.
During the inaugural session, Justice Nagmohan Das (Retd.), Karnataka High Court emphasized the need to abolish contract-based employment structure. He stressed that instead of implementing fragmented laws, there is a need for comprehensive legislation that guarantees safety, dignity, and rehabilitation for workers. Former Rajya Sabha member Dr. L. Hanumanthaiah underscored the stark contrast between ongoing manual scavenging-related deaths and the government’s official stance denying its existence. He called for mechanization of sanitation work, increased funding for worker protections, and stringent legal action to ensure compliance with the law.
The session on Karnataka State Interventions and Field Experiences focused on the work done by SKKS in challenging the state government’s assertion that there were no manual scavengers in Karnataka. The organization presented evidence to counter the government’s “zero report” and showcased how judicial interventions has played a crucial role in securing protection for workers. It was noted that despite Supreme Court directives, government agencies continued to resist implementation efforts and obstructing access to rehabilitation and legal support for sanitation workers.
Discussions on mechanization and experiences of sanitation workers revealed that, despite technological advancements, may workers still had to manually enter manholes due to ineffective or inaccessible machinery. Contract workers, in particular faced sever exploitation, receiving below-minimum wages and lacking any form of job security or safety equipment. The session on sewer and septic tank mechanization examined the potential of new sanitation technologies, including robotic systems and homogenizers, to prevent direct human contact with waste. However, experts noted that while mechanization is crucial, preventive maintenance strategies must be prioritized to minimize the need for manual intervention.
The session on the status of the national-level survey on manual scavengers exposed severe underreporting, manipulation of data, and bureaucratic obstacles preventing workers from being officially recognized. Several states, including Telangana, Andhra Pradesh, Gujarat, Karnataka, and Maharashtra, reported widespread discrepancies in survey methodologies, leading to a significant underestimation of the actual number of manual scavengers. The discussion also revealed how the self-determination letters required for formal recognition placed workers in an uncertain legal position, deterring them from coming forward due to the risk of employer retaliation.
The session on the Supreme Court Interim Judgment and its Implications was led by Senior Advocate Jayna Kothari (CLPR), who discussed the Supreme Court’s directives mandating the complete eradication of manual scavenging. The Court had increased compensation for deaths caused by manual scavenging from ₹10 lakh to ₹30 lakh and other orders instructed metropolitan cities such as Bangalore, Delhi, Mumbai, Kolkata, Chennai, and Hyderabad to ensure full mechanization. However, it was noted that Karnataka had failed to comply with the directive. Participants also raised concerns over the lack of compensation and rehabilitation for families of deceased workers who passed away before the enactment of the 2013 Act.
The session on the NAMASTE scheme, the government’s flagship rehabilitation initiative, revealed fundamental flaws in its implementation. While the scheme aims to provide sustainable employment and social security for sanitation workers, its execution has been hindered by inter-ministerial inefficiencies, budgetary shortfalls, and a failure to integrate mechanization comprehensively. Participants called for the translation and dissemination of NAMASTE guidelines in regional languages to ensure broader accessibility and awareness among affected communities.
In another session, Asang Wankhade (University of Oxford) provided a critical analysis of the existing legal framework. He mentioned that the PEMSRA Act, while well-intentioned has failed in its implementation due to systematic flaws. He pointed out that the law has created an artificial distinction between ‘manual scavenging’ and ‘hazardous cleaning’, allowing the government to deny accountability. He criticised the government’s focus on compensating deaths rather than preventing them and called for a stronger legal framework that prioritise prevention over post-incident relief. He also highlighted the deeply entrenched caste biases in the system, emphasising that sanitation work continued to be imposed on Dalit communities reinforcing social hierarchies.
The conclave concluded with a discussion on forming a national-level coalition, the Coalition for Eradication of All Forms of Manual Scavenging. The coalition aims to strengthen policy implementation, enhance accountability mechanisms, mobilize grassroots movements, and ensure coordinated national efforts for monitoring PEMSRA enforcement. A seven-member ad hoc steering committee was established, with representatives from Maharashtra, Tamil Nadu, Gujarat, Uttar Pradesh, Assam, Andhra Pradesh, and CLPR. Strategies were proposed to counter misleading “zero reports” submitted by states, including the use of media advocacy and district-level press conferences to expose government misrepresentations.
