A/HRC/45/10/Add.2
41.
The Special Rapporteur reiterates that the Government has the responsibility to
progressively realize the human rights to water and sanitation of all persons by identifying
groups in vulnerable situations, as well as patterns of discrimination, and taking steps to
redress them (A/HRC/45/10). The Special Rapporteur therefore emphasizes his
recommendation that overall targets for increasing access to water and sanitation be
complemented by targets to reduce inequalities (A/HRC/55/Add.1, para. 58).
PROGRESS LIMITED: The Special Rapporteur urges the Government to focus
monitoring of access to water and sanitation services based on data disaggregation by
prohibited grounds of discrimination and to use those monitoring to inform policies.
IV. The human rights to water and sanitation
A.
Recommendation on safety of sanitation
1.
Recommendation on manual scavenging practices
RECOMMENDATION 12: “Establish a monitoring system to follow the process of
emptying pit latrines under the national programs, in order to control possible trends of
increases in manual scavenging practices, ensuring that this practice is not carried out in a
caste-discriminatory manner;” (A/HRC/39/55/Add.1, para. 71(n)).
42.
During the visit, the Special Rapporteur met several people who indicated that they
themselves, their relatives or their neighbors continued to be employed in manual
scavenging, often for lack of alternative employment options (A/HRC/39/55/Add.1, para.
26). In relation to the twin-pit latrine, the standard technology for excreta disposal in the
Clean India Mission, the Special Rapporteur questioned whether it will be properly used to
reduce manual scavenging practices by scheduled castes (A/HRC/39/55/Add.1, para. 28).
43.
While the availability of faecal sludge disposal mechanisms were monitored, the
monitoring did not extend to the management of those mechanisms, particularly emptying
the pits. For instance, the National Annual Rural Sanitation Survey 2018-2019 found that a
“septic tank with soak pit, single leach pit, double leach pit, closed drain with sewer system
and closed pit” existed in 99.6 per cent of the households.21 This did not account for how, or
whether, pits are emptied, however. A 2019 WaterAid India report describes pit emptying
services in rural areas as being managed by an informal and varied group of private service
providers, with a lack of regulations and non-adherence to safety standards. The situation is
similar in urban areas: in a 2019 report on public toilets in Delhi, ActionAid India found that
38 per cent of septic tanks were being manually cleaned.22
44.
The Special Rapporteur is concerned by this insufficient regulation and surveillance
of pit emptying. As reported by WaterAid, between January 2017 and September 2018, an
estimated 123 persons died as result of manual scavenging.23 In addition, persons employed
in manual scavenging suffer from discrimination, being seen as ‘impure’ for handling human
waste. Results from the 2018 Social Attitude Research India survey showed that 23 per cent
of Dalits in Delhi and 20 per cent of Dalits in the State of Uttar Pradesh reported believing
that caste discrimination is worsening. 24 This stigma impacts the access to sanitation by
persons who do not have access to formal pit-emptying services: as the castes who usually
practice manual scavenging increasingly turn away from the practice, latrine owners have
been shown to return to open defecation practices rather than to empty their own latrines.25
21
22
23
24
25
National Annual Rural Sanitation Survey 2018-19, 68.
ActionAid India, Public Toilets for Young Urban Women: A report on Gender Responsive Public
Services in Six Cities of India (2019), 3.
WaterAid, The hidden world of sanitation workers (2018), 2.
Hathi, P. and Coffey, D., Open defecation: manual scavenging’s legacy in rural India (2018).
Ibid.
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