For years, sanitation workers have been at the bottom of the chain when it comes to the sanitation business. They clean public toilets, empty septic tanks and maintain public facilities, while the contracts often remain in the hands of others.
Ravichandran Bathran (Raees Mohammed) wants to change that.
A Dalit man engaged in sanitation work and the founder of Dalit Camera, an organisation that has documented the lives and struggles of Dalit communities, Raees argues that government contracts related to sanitation could offer workers an opportunity to move from wage labour to entrepreneurship.
But he says that cannot happen unless the tendering process itself becomes more transparent.
Tamil Nadu has taken steps towards greater transparency in public procurement, including the expansion of e-tendering. The newly formed Tamilaga Vettri Kazhagam (TVK) government has also spoken about improving transparency and accountability in government contracts. Raees, however, argues that these reforms should extend to smaller contracts, many of which are still handled through offline tender-cum-auction processes.
In an interview with TNM, he explains why he believes public toilets, parking spaces, municipal shops and other revenue-generating properties should be brought under a transparent online system and why sanitation workers should get a fair chance to compete for them.
Who currently controls sanitation-related contracts such as for public toilets?
It is important to clarify that this is not simply a caste issue. For example, in Kotagiri and Ooty municipalities, Arunthathiyars (SC) are running public toilets. However, in Kotagiri municipality, one family has controlled the contract for 20 years.
The situation is different in larger towns. In Coimbatore, Puliyampatti and several other cities, non-SC persons hold the contracts, while SC persons are employed only as cleaners.
In the Nilgiris, caste discrimination is less rigid compared to other parts of Tamil Nadu, and it is not a highly crowded urban district. Many dominant castes do not see public toilet management as a lucrative business and continue to view it as a stigmatised occupation. They often have other sources of income such as estates, government jobs, factories, vehicles or real estate.
However, after we pushed for online tenders, I am told that several non-SC persons have also started applying for these contracts.
The larger point is that, irrespective of caste or any special consideration, the system should allow everyone to participate. A transparent and open process will create space for wider competition instead of allowing a few individuals or families to control these contracts for decades.
What exactly is the problem with the present tender-cum-auction system?
To understand the problem, we need to look at how the present e-tender system has evolved.
Earlier, almost all tenders were conducted through public auction. The Information Technology Act (2000) gave legal recognition to digital signatures and electronic records, which became the backbone for e-tendering. In 2012, the Department of Expenditure mandated the setting up of the Central Public Procurement Portal, making it compulsory for all Union government ministries.
In Tamil Nadu, important foundations were laid under the leadership of Kalaignar M Karunanidhi when the Tamil Nadu Transparency in Tenders Act (1998) was enacted. E-tendering was introduced in phases from 2007.
Under former Chief Minister MK Stalin, a decisive step was taken in 2023 by making e-tendering mandatory for all new tenders through Rule 4-A of the Tamil Nadu Transparency in Tenders Rules (2000).
The present government has also reiterated that online tendering is compulsory. Earlier, there was a practice of splitting contract values to keep them below the threshold, such as Rs 10 lakh, so that they would not go online. The 2023 rule closed this loophole by making online tendering mandatory irrespective of the value.
However, these reforms have largely focused on procurement and construction tenders, which usually involve crores of rupees. Revenue-generating, or No-Tax Revenue tenders are much smaller. Most are below Rs 10 lakh and often below Rs 5 lakh. Only rarely do they go up to Rs 20 lakh.
Because of their smaller size, these contracts are usually taken up by locally influential people, while larger contractors focus on major procurement and construction tenders.
For a large section of Dalits, these No-Tax Revenue tenders are among the few realistic opportunities to participate in government contracts. Continuing the old tender-cum-auction method, which can create a hostile and intimidating atmosphere, keeps many of them out. This system needs to change.
Isn’t there a contradiction in arguing for preferential access to sanitation-related contracts?
This is an old argument that is often raised against Dalit communities. Let us examine it carefully.
Even SC reservation carries a stigma, yet we continue to use it because it provides real opportunities. The stigma does not disappear simply because someone leaves a particular occupation. An IAS or IPS officer from a Dalit background can still face caste stigma. Leaving an occupation or remaining in it does not by itself erase that stigma.
What matters is the economic dimension. If a community that has historically been associated with sanitation work can gain ownership over these contracts, it is better than remaining daily-wage sanitation workers earning a meagre salary for eight hours of hard labour.
Empowerment will not come only through welfare schemes or small loans. These tenders can create real entrepreneurship. Tamil Nadu already reserves 5% of government shops for persons with disabilities. If that is possible, why can't a similar preference be considered for sanitation workers?
Do sanitation workers actually want to become contractors or owners?
Yes. After I started enquiring in Coimbatore, Puliyampatti and Kotagiri, many people from the community expressed interest in participating.
However, the present method does not allow a fair and democratic process. One sanitation worker clearly said that if the system is shifted to online tender instead of offline auction, he is ready to take a loan and participate.
Is a preferential framework for these contracts legally feasible?
There are already several models in different states.
The Union government mandates 4% procurement from SC/ST Micro, Small and Medium Enterprises (MSMEs). Tamil Nadu gives 5% preference for SC/ST enterprises and reserves 5% of municipal shops for persons with disabilities.
Karnataka has 17.15% reservation for SC contractors. Bihar provides 50% reservation for SC/ST and Backward Classes in small contracts. Andhra Pradesh reserves 50% for BC, SC, ST and minorities. Odisha gives a 10% price preference along with financial concessions. Punjab reserves 30% of leased cultivable land for Dalits.
These examples show that preferential frameworks exist in different forms. Tamil Nadu can study these models and adopt suitable provisions for No-Tax Revenue contracts.
What changes are you seeking?
First, just as Tamil Nadu reserves 5% of municipal shops for persons with disabilities, a similar preference should be created for SC persons in the leasing of No-Tax Revenue properties, including public toilets, parking spaces and shops.
Second, Tamil Nadu should shift from the old tender-cum-auction method to the Two-Cover Tender System already used by TTDC. This would reduce intimidation and allow wider participation.
Third, financial support should be provided. There could be a 10-20% discount on the final bid amount for SC/ST individuals, along the lines of the model in Odisha, at least three months' time to pay the lease amount, and priority funding through TAHDCO, the Annal Ambedkar Business Champions Scheme (AABCS) and banks.
All government properties that are leased, regardless of their value, should come under a clear preferential framework for SC/ST communities.
Public toilets should also be treated as a welfare obligation. Giving preference to communities historically linked with sanitation work can serve both economic justice and better maintenance of public facilities.
Can this model be implemented beyond Tamil Nadu?
Yes. This model can be followed in all states.
Apart from demanding permanent employment for sanitation workers and the abolition of manual scavenging, entrepreneurship is also important for the community. Government contracts, if made transparent and accessible, can provide an opportunity for people to move from being workers to becoming owners.