FSSM bye-laws pave the way for sustainable sanitation and social inclusion
Transgender SHG in Odisha demonstrating the plant to a group of visitors at Bhubaneshwar FSTPPhoto: Author provided

FSSM bye-laws pave the way for sustainable sanitation and social inclusion

Effective FSSM bye-laws are essential for the sustainable management of faecal sludge and septage
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Faecal Sludge and Septage Management (FSSM) is a vital component of sustainable urban sanitation, especially in areas without centralised sewerage systems. FSSM offers an immediate solution to urban sanitation challenges, particularly in small towns that are still developing and lack the infrastructure to manage septage effectively. According to studies conducted by the World Bank and other prominent institutions in 2013, only about 30 per cent of urban dwellers benefited from the infrastructure designed to manage urban wastewater. Therefore, it is imperative to adopt a smart approach that addresses the concentrated sources of pollution in water bodies and the environment.

Role and impact of FSSM bye-laws

FSSM provides an organised method for managing liquid waste (septage) by establishing systems that prevent faecal waste from contaminating land, water bodies, or groundwater sources. This is crucial for avoiding waterborne illnesses and diseases such as diarrhea and cholera. Efficient FSSM practices mitigate the risk of polluting rivers, lakes, and seas, significantly reducing the likelihood of infections, harmful chemicals, and nutrient overloads entering the environment. Therefore, strong regulatory frameworks for local governments are essential for the successful implementation of FSSM.

FSSM bye-laws, a set of regulations and laws designed to regularise the safe management of faecal sludge along the sanitation value chain, are crucial for cities to implement FSSM sustainably. These bye-laws provide municipalities, private businesses, and households with clear guidelines on how to safely and hygienically handle faecal sludge and septage in an ecologically responsible manner. By enforcing established procedures, these regulations ensure that all parties involved minimise risks to public health and the environment.

The successful implementation and enforcement of FSSM bye-laws depend on meticulous drafting and strict adherence to the laws on the ground. The inclusivity of these bye-laws, particularly for vulnerable sections like slums or urban poor settlements, also plays a critical role. The enactment of these regulations marks a significant step toward the formalisation and regulation of non-networked sanitation systems, which are often overlooked in traditional urban planning.

Public compliance with these bye-laws requires strong cohesion between communities and local authorities. People are more likely to adhere to regulations when they believe they are just, properly enforced, and serve the public interest. Estimates suggest that a single truckload of faecal sludge carelessly dumped is equivalent to 5,000 people defecating in the open. According to Chary and Srinivas (2017), a gram of faeces may contain 100 parasite eggs, 1,000 protozoa, 10 million bacteria, and 100 million viruses. Therefore, when Urban Local Bodies (ULBs) emphasise the importance and repercussions of mismanaging FSS, it is more likely that regulations will be followed.

FSSM bye-laws establish a thorough framework that tackles important social, environmental, and economic aspects of faecal sludge management while also strengthening sanitation systems. Through the implementation of collection, treatment, and disposal regulations, these bye-laws significantly reduce the hazards of environmental contamination and waterborne illnesses. They guarantee adherence to safe waste management procedures and improve service delivery by encouraging responsibility and openness among service providers. The inclusion of marginalised groups like Self-Help Groups (SHGs) and informal workers in FSSM bye-laws also promotes community empowerment by raising local ownership and participation in sanitation projects. By enabling public-private partnerships and set service fees, they help promote financial viability, guaranteeing the long-term sustainability of FSSM services. Furthermore, by encouraging environmentally appropriate FSSM, these bye-laws conserve water resources and advance larger environmental protection objectives.  

Formalising the work of private desludgers: Recognising the informal sector

One of the most significant aspects of FSSM bye-laws is their impact on the informal sector, particularly private desludging operators, who have long carried out hard and often unsafe work. These bye-laws present an opportunity to formalise and regularise the services provided by private desludgers, who play a crucial role in the sanitation ecosystem, especially in areas without a formal sewage system.

FSSM bye-laws incorporate provisions for the registration and licensing of all desludgers working in the city. This not only brings these operators into the formal fold but also ensures that they are held accountable to safety and hygiene standards. By doing so, the bye-laws enable better monitoring of the safe disposal of faecal sludge and septage, reducing the risk of environmental contamination. For instance, the bye-laws include clauses that penalise any desludger who engages in unsafe disposal practices, ensuring stricter adherence to public health and environmental guidelines.

Furthermore, the FSSM bye-laws offer a formal system for determining user fees for services such as emptying and transporting FSS. In the absence of such regulations, these services are often subject to exploitation, with fees fluctuating based on the urgency of the service required. By regulating these charges, the bye-laws provide a fairer system for both desludgers and the public, ensuring that desludging operators are fairly compensated while preventing the public from being overcharged during emergencies.

Empowering communities and social inclusion through holistic FSSM bye-Laws

In various states, these bye-laws not only aid in the management of FSSM but also play a role in improving lives. For example, in Maharashtra, the employment of women SHGs in the operations and management of faecal sludge treatment plants has not only empowered but also provided them with opportunities to learn new skills. These women serve as grassroots activists, educators, and service providers within sanitation systems, significantly impacting the implementation and enforcement of FSSM bye-laws. SHGs’ formal participation in community-driven projects like sewage management is ensured by bye-laws, which offer a legal framework, operational rules, and resource access. These rules enable SHGs to be employed for operations of the plants. They outlining their responsibilities, promoting collaborations with neighbourhood organisations and non-governmental organisations, and guaranteeing financial and capacity-building opportunities. With the help of this organised assistance, SHGs can make valuable contributions to community-level social and economic development initiatives like FSSM. SHGs, often led by women, raise awareness, provide sanitary services, and encourage compliance with regulations. They bridge the gap between formal sanitation regulations and community practices, especially in rural and peri-urban areas.

By providing sanitation services, these women ensure that their communities adopt safe and hygienic practices, while also gaining economic and social empowerment. Improved sanitation, public health, and gender empowerment are among the outcomes of women-led SHGs, which serve as critical intermediaries between policy and grassroots implementation through advocacy, education, service delivery, and financial support.

FSSM bye-laws pave the way for sustainable sanitation and social inclusion
Transgender SHG in Odisha demonstrating the plant to a group of visitors at Bhubaneshwar FSTPPhoto: Author provided

Another example of holistically designed FSSM bye-laws comes from Odisha. The state has incorporated gender-neutral norms into its FSSM bye-laws, resulting in the integration of the transgender community into sanitation initiatives. This significant step toward social inclusion and empowerment has involved transgender individuals in the operation and maintenance of faecal sewage treatment plants (FSTPs) through SHGs. Traditionally, transgender people in India have faced significant social and economic exclusion, often being denied formal employment and other opportunities. Since 2022, Odisha has been promoting inclusiveness by providing career opportunities to this marginalised group through their involvement in SHGs working on FSTPs.

The FSTP in Basuaghai village, Bhubaneswar district, operated by the 12-member transgender SWIKRUTI SHG, is a notable example. This group has been running the plant since July 2022, demonstrating the successful integration of transgender individuals into the sanitation workforce.

A model approach from Uttar Pradesh

In Uttar Pradesh, Model FSSM bye-laws have been centrally disseminated to all ULBs across the state. The bye-laws in Uttar Pradesh are unique because they can be adopted by any city, regardless of whether it has treatment infrastructure. This inclusivity makes it a model for other states to follow. Uttar Pradesh is one of the leading states at the national level in adapting to the National Urban Sanitation Policy and creating an environment for healthy FSSM practices.

The state has developed a model document for drafting city-specific FSSM bye-laws, which was introduced in 2023. This document, available in both Hindi and English, is designed to be a ready-to-use guide for ULBs to draft FSSM bye-laws tailored to their local context. Some of the salient features include:

  • Applicability to cities with or without infrastructure for FSS treatment.

  • Guidance on registration and licensing of private desludgers.

  • Slabs for fines and penalties for various non-compliances.

With its holistic approach, the model bye-laws in Uttar Pradesh have enabled cities to deploy SHG women for the operations and maintenance of FSTPs and co-treatment plants. Currently, this practice is being piloted in four cities: Khurja, Raebareilly, Sitapur, and Jaunpur cities viz have employed SHGs for operation and maintenance of the plants.

FSSM bye-laws pave the way for sustainable sanitation and social inclusion
Engagement of SHG women for O&M of plantsPhoto: Author provided

Conclusion

Effective FSSM bye-laws are essential for the sustainable management of faecal sludge and septage. They should clearly define the roles and responsibilities of various stakeholders, enforce penalties for violations, and include incentives for compliance. Regular evaluation and community feedback should be incorporated to ensure that the bye-laws remain effective and adaptable. The formalisation of the private desludging sector is a critical step toward ensuring that desludging operations are carried out safely, fairly, and sustainably. These laws protect both operators and the public, reducing health risks and environmental degradation.

By formalising the sanitation workforce, promoting green jobs, and fostering social inclusivity, FSSM bye-laws contribute to a cleaner, healthier, and more equitable society. Comprehensive implementation of these bye-laws not only enhances livelihoods across multiple sectors but also promotes long-term sustainability, economic growth, and public health.

Down To Earth
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