Recently, the Parliament passed a law that addresses the issue of sexual harassment in the work place.  The Bill, introduced in the Lok Sabha on December 7, 2010, drew on the 1997 judgment of the Supreme Court (known as the Vishaka judgment) to codify measures that employers need to take to address sexual harassment at the work place. (See PRS analysis of the Bill here). The Bill was first passed in the Lok Sabha on September 3, 2011.  It incorporated many of the amendments recommended by the Standing Committee on Human Resource Development that examined the Bill.  The Rajya Sabha passed it on February 27, 2013 without any new amendments (see Bill as passed by Parliament). We compare the key provisions of the Bill, the Standing Committee recommendations and the Bill that was passed by Parliament (for a detailed comparison, see here).

Bill as introduced Standing Committee recommendations Bill as passed by Parliament

Clause 2: Status of domestic workers

Excludes domestic workers from the protection of the Bill. The definition should include (i)  domestic workers; and (ii) situations involving ‘victimization’; Includes domestic worker. Does not include victimisation.

Clause 4: Constitution of Internal Complaints Committee (ICC)

The committee shall include 4 members: a senior woman employee, two or more employees and one member from an NGO committed to the cause of women. The strength of ICC should be increased from 4 to at least 5 (or an odd number) to facilitate decisions in cases where the bench is divided. Disqualifies a member if (a) he has been convicted of an offence or an inquiry is pending against him or (b) he is found guilty in disciplinary proceedings or a disciplinary proceeding is pending against him.
Members may not engage in any paid employment outside the office. Barring paid employment outside the office goes against NGO members who may be employed elsewhere. This clause must be edited. Deletes the provision that disallows NGO members to engage in paid employment outside.  NGO members to be paid fees or allowances.

Clause 6: Constitution and jurisdiction of Local Complaints Committee (LCC)

An LCC is required to be constituted in every district and additional LLCs at block level.  At the block level the additional LCC will address complaints where the complainant does not have recourse to an ICC or where the complaint is against the employer. The functions of the district level and the block level LCCs are not delineated clearly. It is also unclear whether the block level LCCs are temporary committees constituted for dealing with specific cases. Instead of creating additional LCCs at the block level, the District level LCC may be allowed to handle cases. A local member from the block may be co-opted as a member to aid the LCC in its task. Accepted.

Clause 10: Conciliation

The ICC/ LCC shall provide for conciliation if requested by the complainant.  Otherwise, it shall initiate an inquiry. Distinction should be made between minor and major offences. Conciliation should be allowed only for minor offences. Adds a proviso that monetary settlement shall not be the basis on which conciliation is made.

Clause 11: Inquiry into Complaint

ICC/LCC shall proceed to make inquiry into a complaint in such manner as may be prescribed. No suggestion. Inquiries will be conducted in accordance with service rules or in such manner as may be prescribed.For domestic workers, the LCC shall forward the complaint to the police within seven days if a prima facie case exists.  The case shall be registered under section 509 of Indian Penal Code (word, gesture or act intended to insult the modesty of a woman).
Sources: The Protection of Women Against Sexual Harassment at Work Place Bill, 2010; the Standing Committee on HRD Report on the Bill; the Sexual Harassment at Work Place (Prevention, Prohibition and Redressal) Bill, 2012; PRS.

On October 2, 2021, Swachh Bharat Mission (SBM) celebrates its seventh anniversary.  It was launched on October 2, 2014 to fulfil the vision of a cleaner India by October 2, 2019.  The objective of the Mission was to eliminate open defecation, eradicate manual scavenging, and promote scientific solid waste management.  In this blog post, we discuss the sanitation coverage leading up to the launch of the Swachh Bharat Mission and the progress made under this scheme.

Nation-wide sanitation programmes in past

According to the Census, the rural sanitation coverage in India was only 1% in 1981.  

The first nationwide programme with a focus on sanitation was the Central Rural Sanitation Programme (CRSP), which was started in 1986 to provide sanitation facilities in rural areas.  Later, in 1999, CRSP was restructured and launched as the Total Sanitation Campaign (TSC).  While CRSP was a supply-driven infrastructure-oriented programme based on subsidy, TSC was a demand-driven, community-led, project-based programme organised around the district as the unit.

By 2001, only 22% of the rural families had access to toilets.  It increased further to 32.7% by 2011.  In 2012, TSC was revamped as Nirmal Bharat Abhiyan (NBA) to accelerate the sanitation coverage in rural areas through saturation approach and by enhancing incentives for Individual Household Latrines (IHHL).

In comparison to rural sanitation, fewer programmes were enacted to tackle deficiencies in urban sanitation.  In the 1980s, the Integrated Low-Cost Sanitation Scheme provided subsidies for households to build low-cost toilets.  Additionally, the National Slum Development Project and its replacement programme, the Valmiki Ambedkar Awas Yojana launched in 2001, were programmes that aimed to construct community toilets for slum populations.  In 2008, the National Urban Sanitation Policy (NUSP) was announced to manage human excreta and associated public health and environmental impacts.

On October 2, 2014, the Swachh Bharat Mission was launched with two components: Swachh Bharat Mission (Gramin) and Swachh Bharat Mission (Urban), to focus on rural and urban sanitation, respectively.  While the rural component of the Mission is implemented under the Department of Drinking Water and Sanitation, the urban one is implemented by the Ministry of Housing and Urban Affairs.  In 2015, the Sub-Group of Chief Ministers on Swachh Bharat Abhiyaan under NITI Aayog had observed that the key difference between SBM and previous programmes was in the efforts to attract more partners to supplement public sector investment towards sanitation.

Swachh Bharat Mission – Gramin (SBM-Gramin)

The Sub-Group of Chief Ministers (2015) had noted that more than half of India’s 25 crore households do not have access to toilets close to places where they live.  Notably, during the 2015-19 period, a major portion of expenditure under the Department of Drinking Water and Sanitation was towards SBM-Gramin (see Figure 1).

Figure 1: Expenditure on Swachh Bharat Mission-Gramin during 2014-22


Note: Values for 2020-21 are revised estimates and 2021-22 are budget estimates.  Expenditure before 2019-20 were from the erstwhile Ministry of Drinking Water and Sanitation. 
Sources: Union Budgets 2014-15 to 2021-22; PRS.

The expenditure towards Swachh Bharat – Gramin saw a steady increase from 2014-15 (Rs 2,841 crore) to 2017-18 (Rs 16,888 crore) and a decrease in the subsequent years.  Moreover, during 2015-18, the expenditure of the scheme exceeded the budgeted amount by more than 10%.  However, every year since 2018-19, there has been some under-utilisation of the allocated amount. 

As per the Department of Drinking Water and Sanitation, 43.8% of the rural households had access to toilets in 2014-15, which increased to 100% in 2019-20 (see Figure 2).  However, the 15th Finance Commission (2020) noted that the practice of open defecation is still prevalent, despite access to toilets and highlighted that there is a need to sustain the behavioural change of people for using toilets. The Standing Committee on Rural Development raised a similar concern in 2018, noting that “even a village with 100% household toilets cannot be declared open defecation-free (ODF) till all the inhabitants start using them”.  The Standing Committee also raised questions over the construction quality of toilets and observed that the government is counting non-functional toilets, leading to inflated data.

Figure 2: Toilet coverage for rural households


Sources: Dashboard of SBM (Gramin), Ministry of Jal Shakti; PRS.

The 15th Finance Commission also noted that the scheme only provides financial incentives to construct latrines to households below the poverty line (BPL) and selected households above the poverty line.  It highlighted that there are considerable exclusion errors in finding BPL households and recommended the universalisation of the scheme to achieve 100% ODF status.

In March 2020, the Department of Drinking Water and Sanitation launched Phase II of SBM-Gramin which will focus on ODF Plus, and will be implemented from 2020-21 to 2024-25 with an outlay of Rs 1.41 lakh crore.  ODF Plus includes sustaining the ODF status, and solid and liquid waste management.  Specifically, it will ensure that effective solid and liquid waste management is instituted in every Gram Panchayat of the country.

Swachh Bharat Mission – Urban (SBM-Urban)

SBM-Urban aims at making urban India free from open defecation and achieving 100% scientific management of municipal solid waste in 4,000+ towns in the country.  One of its targets was the construction of 66 lakh individual household toilets (IHHLs) by October 2, 2019.  However, this target was then lowered to 59 lakh IHHLS by 2019.  This target was achieved by 2020 (see Table 1).

Table 1: Toilet construction under Swachh Bharat Mission-Urban (as of December 30, 2020)

Targets

Original Target

Revised Target  
(revised in 2019)

Actual Constructed

Individual Household Latrines

66,42,000

58,99,637

62,60,606

Community and Public Toilets

5,08,000

5,07,587

6,15,864

Sources: Swachh Bharat Mission Urban - Dashboard; PRS.

Figure 3: Expenditure on Swachh Bharat Mission-Urban during 2014-22 (in Rs crore)

Note: Values for 2020-21 are revised estimates and 2021-22 are budget estimates. 
Sources: Union Budget 2014-15 to 2021-22; PRS.

The Standing Committee on Urban Development noted in early 2020 that toilets built under the scheme in areas including East Delhi are of very poor quality, and do not have adequate maintenance.  Further, only 1,276 of the 4,320 cities declared to be open defecation free have toilets with water, maintenance, and hygiene.  Additionally, it also highlighted in September 2020 that uneven release of funds for solid waste management across states/UTs needs to be corrected to ensure fair implementation of the programme. 

The Standing Committee on Urban Development (2021) also expressed concern about the slow pace in achieving targets for source segregation and waste processing.  The completion of their targets stood at 78% and 68% respectively of the goal set under SBM-Urban during 2020-21.  In addition, other targets related to the door-to-door collection of waste also remained unfulfilled (see Table 2).

Table 2: Waste management under Swachh Bharat Mission-Urban (progress as of December 30, 2020)

Targets

Target

Progress
as of March 2020

Progress
as of December 2020

Door to Door Waste Collection (Wards)

86,284

81,535 (96%)

83,435 (97%)

Source Segregation (Wards)

86,284

64,730 (75%)

67,367 (78%)

Waste Processing (in %)

100%

65%

68%

Sources: Standing Committee on Urban Development (2021); PRS.

In February 2021, the Finance Minister announced in her budget speech that the Urban Swachh Bharat Mission 2.0 will be launched.  Urban Swachh Bharat Mission 2.0 will focus on: (i) sludge management, (ii) waste-water treatment, (iii) source segregation of garbage, (iv) reduction in single-use plastics and (v) control of air pollution caused by construction, demolition, and bio-remediation of dumpsites.  On October 1, 2021, the Prime Minister launched SBM-Urban 2.0 with the mission to make all our cities ‘Garbage Free’.