08 Feb National Commission for Safai Karamcharis (NCSK): Upholding the Spirit of Article 17 of the Constitution
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Syllabus mapping:
GS-1: Indian Society: population and related issues.
GS-2: Social justice: vulnerable section of society and related laws and mechanisms.
For Prelims:
What is the mandate of NCSK? What are the various schemes related to the empowerment of Safaikarmacharis?
For mains:
What are the Key achievements of (NCSK), its limitations, and the ways it works?
Why in the News?
The Union Cabinet has approved the extension of the tenure of the National Commission for Safai Karamcharis (NCSK) for three more years, up to March 31, 2028. The current tenure of the Commission was set to expire on March 31, 2025, but has now been extended. Originally established as a statutory body under the National Commission for Safai Karamcharis Act 1993, the Commission became a non-statutory body after the Act lapsed in 2004. Its role expanded after the enactment of The Prohibition of Employment as Manual Scavengers and Their Rehabilitation Act, 2013, focusing on the elimination of manual scavenging and the rehabilitation of affected workers.
What is NCSK?
The National Commission for Safai Karamcharis (NCSK) was constituted on 12 August 1994 as a statutory body under the National Commission for Safai Karamcharis Act 1993. It was initially established for three years, up to 31 March 1997. Through amendments in 1997 and 2001, the Act’s validity was extended to March 2002 and then to February 2004. After the Act lapsed on 29th February 2004, NCSK has been functioning as a non-statutory body under the Ministry of Social Justice and Empowerment. Its tenure is extended periodically through Government Resolutions.
The mandate of the National Commission for Safai Karamcharis (NCSK)
1. Recommendations for Upliftment: Advise the Central Government on specific programs for eliminating inequalities in status, facilities, and opportunities for Safai Karamcharis. Recommend measures for the social and economic upliftment of Safai Karamcharis.
2. Monitoring and Evaluation: Study and evaluate the implementation of programs and schemes related to the social and economic rehabilitation of Safai Karamcharis and scavengers. Investigate specific grievances and take suo-motu notice regarding non-implementation of:
Programs or schemes for Safai Karamcharis.
Decisions, guidelines, or instructions aimed at mitigating hardships.
Legal provisions concerning Safai Karamcharis.
Could you report these matters to the concerned authorities, as well as the central or state governments?
3. Working Conditions Assessment: Study and monitor working conditions, including health, safety, and wages of Safai Karamcharis employed under various agencies (Government, Municipalities, Panchayats, etc.). Make recommendations to improve these conditions.
4. Reporting to Governments: Submit reports to central or State Governments on issues concerning Safai Karamcharis, highlighting their difficulties and disabilities. Address any other matter referred by the Central Government.
5. Implementation of the Prohibition of Employment as Manual Scavengers and Their Rehabilitation Act, 2013:
Monitor the implementation of the Act.
Enquire into complaints regarding contraventions of the Act and provide findings to relevant authorities with recommendations for further action.
Advise Central and State Governments for the effective execution of the Act.
Take suo-motu notice of any non-implementation of the Act.
Possess authority to call for information from any Government or local authority regarding the above matters.
6. Monitoring Supreme Court Judgment (W.P. (C) No. 324 of 2020 – Dr Balram Singh & Others Vs. Union of India): Compensation for sewer deaths: The revised compensation amount is Rs. 30 lakhs, payable by the concerned agency (Union, Union Territory, or State Government). If the dependents of any victim have not received this amount, it shall be paid accordingly.
Compensation for sewer victims with disabilities: Compensation shall depend on the severity of a disability. Minimum salary: Rs. 10 lakhs. If the permanent disability renders the victim economically helpless, the compensation shall not be less than Rs. 20 lakhs.
Working of the Commission:
Field Visits: The Chairperson, Vice-Chairperson, and Members conduct extensive tours to assess the socio-economic conditions of Safai Karamcharis.
Interaction & Grievance Redressal: Engage with Safai Karamcharis individually and through associations; take up grievances with local authorities.
Complaints Handling: Receive and address complaints/petitions from Safai Karamcharis nationwide by seeking reports from concerned authorities.
Proactive Measures: Take suo-motu cognizance of issues based on media reports and intervene proactively.
Investigations & Inquiries: Conduct sittings across the country to investigate grievances, evaluate scheme progress, and ensure the implementation of laws.
Review & Monitoring: Regular meetings and video conferences with State/Local authorities to review the problems of Safai Karamcharis. Status of compensation payments to sewer death victims’ legal heirs.
Policy Recommendations: Provide recommendations to the Ministry of Social Justice and Empowerment for rehabilitation and eradication of manual scavenging, both periodically and in Annual Reports.
Key Achievements of NCSK
1. Regularly review sewer death cases and compensation payments with States/UTs through official communication with Chief Secretaries and other authorities.
2. Disposal of 51 cases where state authorities faced challenges in locating legal heirs after the Commission’s intervention.
3. Ensuring compensation payments in 20 sewer death cases, with amounts ranging from Rs. 10 lakhs to Rs. 30 lakhs, paid promptly within one month of death.
4. Securing compassionate appointments for dependents of deceased Safai Karamcharis.
5. Inspection of Safai Karamcharis Neem Chowki Harizon Basti in Sawai Madhopur District, Rajasthan (March 2024) and directing the district administration to renovate the community centre.
The National Commission for Safai Karamcharis (NCSK) faces several challenges:
1. Non-Statutory Status: Since the lapse of the National Commission for Safai Karamcharis Act, 1993, in 2004, the Commission has been functioning as a non-statutory body. This limits its authority in enforcing decisions and recommendations.
2. Inadequate Implementation of Laws: Despite The Prohibition of Employment as Manual Scavengers and Their Rehabilitation Act, 2013, manual scavenging persists in many parts of India. The lack of strict enforcement mechanisms leads to the continued exploitation of workers.
3. Delayed Compensation for Sewer Deaths: Many state governments delay or fail to provide compensation as mandated by the Supreme Court. Bureaucratic hurdles and difficulties in identifying legal heirs further slow down the process.
4. Lack of Awareness and Reporting Mechanisms: Many Safai Karamcharis are unaware of their rights and the legal provisions available to them. Fear of job loss prevents them from reporting unsafe working conditions and wage disparities.
5. Poor Working Conditions: Safai Karamcharis continues to face hazardous working environments, including exposure to toxic gases, lack of protective gear, and unsafe sanitation infrastructure. Employers often ignore health and safety regulations.
6. Limited Employment Alternatives: Rehabilitation efforts for manual scavengers are often ineffective, and there are limited opportunities for alternative livelihoods. Skill development programs and financial assistance schemes do not reach all beneficiaries.
7. Inefficient Coordination Between Agencies: Multiple agencies, including municipalities, state governments, and the central government, handle different aspects of Safari Karamcharis’ welfare, leading to poor coordination. Delays in policy implementation and execution of schemes.
8. Inadequate Funding and Resources: The Commission lacks adequate financial and administrative resources to function effectively. Insufficient staff and infrastructure hinder field visits, grievance redressal, and monitoring.
9. Non-recognition of Contractual and Informal Workers: Many Safai Karamcharis work on a contractual basis and are not covered under various welfare schemes. Private agencies employing sanitation workers often evade accountability.
10. Social Stigma and Discrimination: Safai Karamcharis continues to face caste-based discrimination and exclusion from mainstream society. The stigma attached to sanitation work affects their access to education, housing, and other social services.
Way Forward for NCSK
Follow-up Mechanism – Though NCSK’s recommendations are not binding, a structured follow-up system should be established to ensure effective implementation, with regular monitoring by the Ministry of Social Justice and Empowerment.
Increased Resource Allocation—The government should enhance NCSK’s financial and human resources to strengthen its functioning, outreach, and implementation of welfare schemes.
Curbing Corruption – Strict monitoring and accountability mechanisms should be implemented to prevent misuse of funds meant for Safai Karamcharis’ welfare under schemes like Swachh Bharat Mission (SBM) and National Safai Karamcharis Finance and Development Corporation (NSKFDC).
Financial Compensation Authority—The Commission should be empowered to recommend and directly facilitate financial compensation under government provisions, such as the Supreme Court-mandated ₹30 lakh compensation for sewer deaths and other relief schemes.
Alternative Employment Opportunities—The Government should ensure the effective implementation of the Self-Employment Scheme for Rehabilitation of Manual Scavengers (SRMS), skill development initiatives under the Skill India Mission, and NSKFDC loans for business startups.
Reducing Social Stigma—To improve their socio-economic conditions, Public awareness campaigns under Swachh Bharat Abhiyan and the inclusion of Safai Karamcharis in social welfare schemes like PM Awas Yojana and Ayushman Bharat should be promoted.
Technology Integration – Adopting advanced mechanized cleaning technologies under the Swachh Bharat Mission (Urban & Rural) should be prioritised to eliminate manual scavenging and ensure worker safety. The government should encourage states to procure robotic scavenging machines under the NAMASTE scheme for sewer and septic tank cleaning.
Conclusion
The NCSK plays a vital role in safeguarding Safai Karamcharis but faces challenges like lack of enforcement power, resource constraints, and ineffective implementation. Strengthening it with greater authority, financial autonomy, technological adoption, and government support is essential. A holistic approach involving policy reforms, skill development, and alternative employment will help eradicate manual scavenging and ensure dignity for Safai Karamcharis. Collaborative efforts are key to creating a safer and more inclusive environment.
Prelims question:
Q.With reference to the National Commission for Safai Karamcharis (NCSK), consider the following statement:
1. The National Commission for Safai Karamcharis (NCSK) is a statutory body.
2. The National Commission for Safai Karamcharis (NCSK) is mandated to take suo motto action.
3. The NCSK can Study and monitor working conditions, including health, safety, and wages of Safai Karamcharis employed under various agencies.
How many of the above-given statements are correct?
(a) Only one
(b) Only two
(c) All three
(d) None
ANSWER: B
Mains question:
Q. Despite various legal safeguards and government initiatives, Safai Karamcharis continue to face social and economic challenges. Critically analyse the role of the National Commission for Safai Karamcharis (NCSK) in addressing these issues. Suggest measures to enhance its effectiveness.
(Answer in 250 word)
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