It was hoped that the proposed law would make up for the failings of the existing law. Critical analysis of law on manual scavenging in india by. Org prohibition of employment as manual scavengers and their rehabilitation rules, 20 subject created date. An act to provide for the prohibition of employment as manual scavengers. The death of five manual scavengers in delhi on sunday september 10 testifies to the fact. Aug 25, 2014 the 20 act outlaws all forms of manual scavenging, beyond just dry latrines, prescribes penalties for those who perpetuate the practice, protects those who actually engage in it, and obligates. Right 2009 owners manual owners manual hoyts cinema sylvia park contact number right 2009 owners manual owners manual pdf user manual bwb17av003 manual. The dignity and rights of manual scavengers in india ohrh. Find details about the prohibition of employment as manual scavengers and their rehabilitation act, 20. Employment of manual scavengers and construction of dry latrines prohibition act, 1993 pdf file chapter i preliminar 1. The prohibition of employment as manual scavengers and their. Thereby, manual scavenging and employment of manual scavengers and sweepers is prohibited in india by law. Death of workers engaged in manual scavenging while cleaning the septic tank or sewer sen, j. Employment of manual scavengers and construction of dry.
The prohibition of employment as manual scavengers and their rehabilitation act, 20. There could be an argument for parliaments jurisdiction to enact this bill as this regulates conditions of work, and is thus a concurrent list item. The existing law prohibiting manual scavenging was enacted under the state list. It is most prevalent in gujarat, madhya pradesh, uttar pradesh, and rajasthan. Dec 19, 2018 the prohibition of employment of manual scavengers and rehabilitation act 20, defines manual scavenger as an individual employed by a local authority or an agency for manually cleaning, carrying, and disposing human excreta from insanitary latrines. Manual scavenging international dalit solidarity network. Be it enacted by parliament in the sixtythird year of the republic of india as follows. Labour conference in 2007, the manual scavenging issue was discussed under the application of ratified conventions. International dalit solidarity network manual scavenging community photos. Why manual scavengers in india havent got their rights. The existing law, employment of manual scavengers and construction of dry latrines prohibition or emscdl act, which was passed in 1993, also banned manual scavenging, but till date the practice of manual scavenging continues in india. Manual scavenging was banned 25 years ago with the passing of the employment of manual scavengers and construction of dry latrines prohibition act, 1993, but it continues to find practitioners.
The prohibition of employment as manual scavengers and their rehabilitation act and rule organisations under the division allocation for welfare of scheduled castes eutthaan. This paper aims to analyse how far the present social, legal and institutional mechanisms addresses the issues and concerns of manual scavengers from human rights point of view. Construction of dry latrines prohibition act, 1993 provides for the prohibition of employment of manual scavengers as well as construction or continuance of. Currently, manual scavenging is prohibited by the employment of manual scavengers and construction of dry latrines prohibition act, 1993, which was passed by parliament after six states passed resolutions requesting the centre to frame a law. Explore manual scavengers act profile at times of india for photos, videos and latest news of manual scavengers act. An act to provide for the prohibition of employment of manual scavengers as well as construction or continuance of dry latrines and for the regulation of construction and maintenance of waterseal latrines and for matters connected therewith or incidental thereto. At the same time, social security schemes were extended to make sure that former manual scavengers will be enabled to build a new life with a decent job.
After 25 years of broken promises, india is counting its manual scavengers. In 2003, safai karmachari andolan ska filed a petition in the supreme court, asking for the employment of manual scavengers and construction of dry latrines prohibition act, 1993 to be. Why manual scavenging is still a problem for india in 2018. Manual scavenging is the practice of manually cleaning, carrying, disposing or handling human and animal excreta from dry latrines, sewers and streets. Manual scavenging refers to the practice of manually cleaning, carrying, disposing or handling in any manner, human excreta from dry latrines and sewers. Manual scavenging is the most heinous crime being perpetrated by the civilized society on the bhangismehtarsafaiwalas in india and pakistan. In 20, prohibition of employment as manual scavengers and their rehabilitation bill, to ban manual scavenging and rehabilitate those who were forced to do it, was introduced.
Manual scavenging 19911994 dodge dakota repair manual manual download ford tractor 2600 3600 4100 4600 operators manual. Manual scavenging act and municipal waste water workers in india policy and practice pgdel, national law school of india university 3 declaration i, n. The prohibition of employment as manual scavengers and their rehabilitation act, 20, forbids the employment of any person for the task of manual scavenging by any agency or individual. Manual scavenging is regulated by the prohibition of employment as manual scavengers and their rehabilitation act, 20 which further reinforces the ban. Act means the prohibition of employment as manual scavengers and their rehabilitation act. The employment of manual scavengers and construction of dry latrines prohibition act, 1993 no. After 25 years of broken promises, india is counting its. Clearly, the authorities seem utterly confused when it comes to defining manual scavenging. Manual scavenging in india reasons and responses upsc. Manual scavenging is a castebas ed an d her edit ary occupa tion for dali ts untouc habl es, which is predominantly linked with forced labour or slav ery. The practice of manual scavenging, in so far as it was related to dry latrines, was banned by law in 1993, but this had little impact on the ground. The prohibition of employment as manual scavengers and their rehabilitation act came into effect in 20, 20 years after the employment of manual scavengers and construction of dry latrines prohibition act, 1993. Every person engaged or employed as manual scavenger shall be immediately discharged from doing manual scavenging.
As a matter of fact, the authorities seem utterly confused in defining manual scavenging. The 20 act outlaws all forms of manual scavenging, beyond just dry latrines, prescribes penalties for those who perpetuate the practice, protects those who actually engage in it, and obligates. Manual scavenging is a term used mainly in india for manually cleaning, carrying, disposing of, or otherwise handling, human excreta in an insanitary latrine or in an open drain or pit. The practise of manual scavenging is linked to indias caste system where socalled lower castes were expected to perform this job. Manual scavengers usually use hand tools such as buckets, brooms and shovels. Implementation of manual scavengers act 20 in tamil. The work is being regarded as a castebased, dehumanizing practice. The following act of parliament received the assent of the president on the 18th september, 20, and is hereby published for general information. Any contact between excreta and a labourer employed to unclog a drainage pipe or sewage treatment plant is prohibited by law and the occurrence of such a trespass or the nonprovision of safety gear or disinfectants to the labourer will lead to the prosecution of the contractor and the employer and rightly so. It also analyzes if the statute by way of prohibition of employment. The 1993 act prohibiting manual scavenging defines manual scavenger as a person engaged in or employed for manually carrying human excreta. The safe and controlled emptying of pit latrines, on the other hand, is one component of fecal sludge management.
Users can get information on the act, its objectives, short title, definition and commencement. References rashtriya garima abhiyan justice denied. Manual scavenging act and municipal waste water workers in india policy and practice. Pdf the prohibition of employment as manual scavengers and. The prohibition of employment as manual scavengers and. The occupation persists mainly because of the continued presence of insanitary latrines. Manual scavenging refers to the unsafe and manual removal of raw fresh and untreated human excreta from buckets or other containers that are used as toilets or from the pits of simple pit latrines. It has been officially prohibited by law in 1993 due to it being regarded as a caste based, dehumanizing practice if not done in a safe manner. Information related to sections of the act is given. Pdf manual scavenging is a castebased and hereditary occupation for dalits. Prohibition of employment as manual scavengers and their. In 20, the employment of manual scavengers and construction of dry latrines prohibition act, 1993.
The employment of manual scavengers and construction of. It reflects how the manual scavenging community initiated its collectivization under the thamate and its and used different advocacy strategies in engaged in demanding accountability and negotiating for rights and reclaiming dignity. Mar 03, 2016 the campaign has helped draw attention to the plight of manual scavengers and forced state governments to act, shaikh said. Indian minister says that manual scavenging persisists and the implementation of the manual scavenging act is being monitored. Stringent antimanual scavenging bill passed the hindu. Delhi commission for safai karamcharis act, 2006 no. Manual scavenging, caste, and discrimination in india hrw. The prohibition of employment as manual scavengers and rehabilitation act, 20 no. It is the duty of the state to protect the rights of people, improve their standard of living and also the improvement of public health is of prime concern for the government. Over the last 25 years, india has passed many laws to end the practice of manual scavenging. The manual scavengers and construction of dry latrines prohibition act enacted in 1993 by the government of india prohibits manual scavenging in the country. Prohibition of manual scavengers and their rehabilitation act no. The act should be amended to ensure complete abolition of manual scavenging.
The campaign has helped draw attention to the plight of manual scavengers and forced state governments to act, shaikh said. Under this, no person, local authority or agency should engage or employ people for hazardous cleaning of sewers and septic tanks. Manual scavenging is a caste, human dignity and a gender problem which many times is treated as a sanitation issue. India prohibition of manual scavengers and their rehabilitation act. As picking up untreated human excreta is harmful to ones health and hygiene, the act seeks to completely ban the practice. The salient features of the manual scavengers act, 20 as follows. Selfemployment scheme for rehabilitation of manual scavenging srms. Employing a person for manual scavenging in india is legally prohibited. Manual scavenging is defined as the manual cleaning of latrines or the disposal of human excreta. An act to provide for the prohibition of employment as manual scavengers, rehabilitation of manual scavengers and their families, and for matters connected therewith or incidental thereto.
A bill seeking to prohibit employment of individuals as manual scavengers by prescribing stringent punishment, including imprisonment up to five years, was passed by parliament on saturday. Manual scavengers and their rehabilitation act, 20. Prohibition of employment as manual scavengers and. No person, local authority or any agency shall construct insanitary latrines, engage or employ a manual scavenger. Jun, 2016 a bill seeking to prohibit employment of individuals as manual scavengers by prescribing stringent punishment, including imprisonment up to five years, was passed by parliament on saturday. The employment of manual scavengers and construction of dry. Responsibility of local authorities to ensure elimination of insanttary at any time thereaftez, appiy, officer of the coccetned panchayat, cr to as a manual scavengel beilw, tibed, to the chief for by hivn in idef. Moreover, the prohibition of manual scavengers act has not been implemented properly as manual scavenging continues and manual. Manual scavenging act and municipal waste water workers in india policy and practice pgdel, national law school of india university 8 continuance of this inhuman practice of manual scavenging is a curse not only on those involved in this practice but on the country and putting an end to it is the responsibility of the country as a whole. However, since sanitation is a state subject, the implementation of the law is statespecific. India was one of the countries included in this discussion under discrimination convention.
The prohibition of employment of manual scavengers and rehabilitation act 20 defines a manual scavenger as an individual employed by a local authority or agency for manually cleaning, carrying, and disposing human excreta from insanitary latrines. Pdf the prohibition of employment as manual scavengers. Ministry of communication and information technology, india pdf of act pdf of act. Org prohibition of employment as manual scavengers. The 20 prohibition of manual scavenging act 20 is an important step in ending manual scavenging says asif shaikh from jan sahas, but much more needs to be done to ensure timebound and comprehensive rehabilitation of women and vulnerable communities that are trying to break free from manual scavenging. Prohibition of employment of manual scavengers, etc. Unlike the earlier act, formulated from a sanitation perspective, the new law emphasises restoring human dignity and the rights of manual scavengers.