A PROJECT REPORT ON LAW HEALTH AND TECHNOLOGY

The Prohibition of Employment as Manual Scavengers

and their
Rehabilitation Act, 2013
A Critical Analysis

UNIVERSITY INSTITUTE OF LEGAL STUDIES

PANJAB UNIVERSITY, CHANDIGARH

SUBMITTED TO : MR. NITIN SANSANWAL

SUBMITTED BY : KEVIN GAUTAM

L.L.M (1 Year)

ROLL NO. : 23022

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ACKNOWLEDGEMENT

I would like to express my special thanks of gratitude to my teacher Mr.

Nitin Sansanwal, who gave me the golden opportunity to do this
wonderful project of Law, Health and Technology on "The Prohibition of
Employment as Manual Scavenger and their Rehabilitation Act, 2013",
who also helped me in completing my project. I came to know about so
many new things. I am really thankful to them.

I would also like to thank all my seniors and staff members of University
Institute of Legal Studies, Panjab University, Chandigarh for their kind
cooperation and encouragement which helped me in completion of this
project.

Last, but not the least, I would also like to thank my parents and friends
who helped me a lot in finalising this project within the limited time frame.

Kevin Gautam

TABLE OF CONTENTS
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TOPIC PAGE NO.

1. Introduction 3
2. Manual Scavengers defined 4-5
3. Manual Scavenging: A violation of human rights 5
4. Scope and Limit 5-6
5. Key Provisions 6-7
6. Prohibition on Manual Scavengers 7
7. Reasons for persistence of Manual Scavenging 7-9
8. Manual Scavengers snd their rehabilitation 9
9. Authorities for rehabilitation and trial of cases 9
10. Monitoring Committee 10
11. Recent scenario on Manual Scavenging 11
12. Conclusion 11-12
13. Recommendations 12
14. References 13-14

Introduction
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Manual Scavenging & Constitution of India

Article 14 : Right to Equality

Article 17 : Untouchability

Article 21 : Right to Life & Liberty

Article 46 : Promotion of educational and economic interests of Scheduled Castes,

Scheduled Tribes and other weaker sections

Article 47 : Duty of the State to raise the level of nutrition and the standard of living
and to improve public health

Statistics on Manual Scavenging

-Around 1.3 million manual scavengers in India

-95% are women.

-Around 10 billion dry latrines being cleaned manually.

Previous Laws on Manual Scavengers

-Employment of Manual Scavengers and Constructions of Dry latrines (Prohibition)

Act, 1993

-National Commission for Safai Karamcharis Act, 1993

-Finally new law..

The Prohibition of Employment as Manual Scavengers and their Rehabilitation Act,

2013.

In India, sanitary work is an occupation innately integrated with echelon. In India

sanitation workers, garbage collectors, road sweepers, drain cleaners, and manual
scavengers, are predominantly Dalits. A person hired or engaged by a local
authority, agency, an individual, contractor to clean manually, handle, dispose or
carry human excreta in an open pit or drain, latrine, on track of railway, or in any
other places is known as a manual scavenger. Even being abolished now and being
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firmly lobbied against after we gained independence, it remains widespread in many

Indian regions.

Manual scavenging has indeed been deemed to be the worst remaining sign of
being an untouchable. It has been defined by the International Labor Organization to
include mainly the disposal of human excreta from dry latrines public streets, and the
maintenance and sweeping of septic tanks, sewers, and gutters. India has a
predominant existence of this practice, while prevalent in the other world parts.
Usually, the people involved in carrying out this statue come from lower castes, such
as Dalits.

In 2013, The Prohibition of Employment as Manual Scavengers and their

Rehabilitation Act was applicable for approximately 20 years succeeding The
Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition)
Act, 1993. Unlike the previous act, drafted from the viewpoint of sanitation, the
current legislation emphasizes to reinstate the human dignity of manual scavengers
and their rights, and also bestow them with their rehabilitation.

This statute includes 8 chapters and 39 sections. The law provides alternate
employment and rehabilitation to manual scavengers within a specific time frame. It
also prohibits manual cleaning of septic tanks and sewers without precautionary
apparatus and insanitary latrines construction (Section 7 and 9). It has now become
delinquency and crime for maintaining and constructing insanitary latrines.
Therefore, under this act, employment as the manual scavenger is prohibited.

This legislation makes it a crime to hire employees to clean insanitary latrines as

manual scavengers, to hire employees to clean septic tanks and sewers without
protective or safety equipment, to create insanitary latrines, and not to demolish or
modify insanitary latrines over a certain time-frame of this Act coming into effect.

Manual Scavengers defined

Manual scavenging means a person engaged or employed, at the commencement of

this Act or at any time thereafter, by an individual or a local authority or an agency or
a contractor,

.....for manually cleaning, carrying, disposing of, or otherwise handling in any

manner, human excreta in an insanitary latrine or in an open drain or pit into which
the human excreta from the insanitary latrines is disposed of, or on a railway track or
in such other spaces or premises, as the Central Government or a State
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Government may notify, before the excreta fully decomposes in such manner as may
be prescribed, and the expression "manual scavenging" shall be construed
accordingly

Manual scavenging: a violation of human rights

In India, The prohibition of Employment as Manual Scavengers and their

Rehabilitation Act, 2013, is an enactment in opposition to manual scavenging, which
prohibits all types of cleaning of excreta manually and dry latrines, also cleaning of
sewers, septic tanks, and gutters without proper types of equipment or protective
gear. As sanitation is a state issue, therefore, there is state-specific enforcement of
the law. Though the practice of manual scavenging is much more than an issue of
the state, it is also a violation of human rights.

Manual scavenging isn’t just a violation of the Constitution but also a violation of
human rights. Since the Constitution of India complies with the International Code of
Human Rights it eradicates untouchability (Article 17) and discrimination on the basis
of caste (Article 15) besides it, human dignity is an unquestionable and inviolable
right as it is a basic right to life, i.e., a fundamental right, under the Indian
Constitution. The Indian courts and the Constitution, therefore, found human dignity
the most essential, inalienable, fundamental, and basic of all rights. Human dignity is
a right universally accepted by the Universal Declaration of Human Rights (UDHR)
under Article 1, 22 and 23, as well as guaranteed by the National Commission on
Human Rights, thus human dignity requires fair treatment and respect for people.

Scope and limit

The said Act makes the employing of manual scavengers illegal. It outlines
provisions relating to the rehabilitation of sanitary workers and their families. It also is
illegal for a person to clean a septic tank or sewer without any of the employers
providing safety gear and types of equipment for cleaning as well as monitoring
safety or protective protocols.

This Act is not only limited towards an individual authority only for ensuring the safety
and rehabilitation of the sanitary workers but to the local authority, government, and
the state as well. Each local authority should ensure that its jurisdiction does not
contain insanitary latrines and that no manual scavengers are used. In a jurisdiction,
a panchayat or a municipality is a Local Authority, which is responsible for its
sanitation. It may also be a board of cantonment formed under Section 10 of the
Cantonments Act of 2006 or a railroad authority.
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The Government must ensure that the law is put into effect by local authorities and
district magistrates. To this end, a vigilance committee needs to develop at the
subdivision, district, state, and central levels. Each state has to have an advisory and
a monitoring committee consisting, among other officials, of the chief minister, the
minister representing Scheduled Castes and Scheduled Tribes, and the
director-general of police. Each administration of the state or union territory must
send regular updates to the central government regarding its success in achieving
and implementing this Act. This act does not include any person who is working as a
manual scavenger with appropriate equipment and protective or security gear to
clear human excreta.

Key provisions

Following are the key highlights of the Act:

Insanitary Prohibition and participation as Manual Scavengers:

Offences:

Maintenance and construction of insanitary latrine

Employing an individual or any person for working as a manual scavenger.

Penalty:

For first violation or dereliction, punishment up to one year of imprisonment or up to

fifty thousand rupees fine or both

For succeeding violation or dereliction, punishment up to two years of

imprisonment or up to five lakh rupees fine or both.

An individual prohibition from engaging in or employing a sewer or septic tank for

hazardous cleaning.

Penalty:

For first violation or dereliction, punishment up to one year of imprisonment or up to

two lakh rupees fine or both.

For succeeding violation or dereliction, punishment up to five years of

imprisonment or up to five lakh rupees fine or both.
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Offences are Non- Bailable and cognizable under the said Act.

In rural and urban areas, Manual Scavenger survey to be carried out within a
time-frame system.

Manual Scavengers thorough and complete rehabilitation with a time-bound system.

Mechanism of monitoring:

Committee for Monitoring or Vigilance

National Commission for Safai Karamcharis (NCSK): In urban areas, building a

sufficient number of community sanitary latrines within three years of the date of this
Act to eradicate the custom of open defecation.

Prohibition on Manual Scavengers

- No person, local authority or any agency shall construct an insanitary latrines or

employ or engage manual scavengers (Section 5). For contravention upto 1 year
Imprisonment or with fine upto 50,000 or both (Section 8).

Not engage a person for hazardous cleaning of a sewer or a septic tank. For
contravention upto 2 year Imprisonment or with fine upto 2 Lakh or both (Section 9).

Complaint within 3 months of the alleged commission of the offence (Section 10).

Reasons for the persistence of manual scavenging

The cleaning or removal of human feces from dry latrines and public streets,
in addition to cleaning sewers, gutters, and septic tanks are called Manual
Scavengers. Since January 2020, about 50,000 manual scavengers have
been reported, as stated by a survey comprising 18 states. Besides, data
from 2018 shows that in Uttar Pradesh alone 30 000 people have been
employed in manual scavenging. 2019 have seen the largest amount of
manual scavenging deaths in the last 5 years, while cleaning and repairing
the sewers and septic tanks around 110 people got killed, marking a 61
percent rise in deaths from the year before.
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At present when equality and human rights are far more predominant than
ever, most would think that activities like manual scavenging is a custom.
Although it remains outlawed and dismantled in theory and on papers, the
reality on the ground remains markedly different. Manual scavenging tends
to occur because of casteism, sexism, and conceptions of untouchability at
the grassroots level. Hierarchy is the main reason for such problems
prevailing in our society as it has been made a tagline that manual
scavengers only belong to specific castes. Therefore, higher castes
considered that such jobs done by them are too low-grade. The perception of
untouchability and the concept of discrimination against the lower castes
while doing such jobs are strengthened, which only leads to human rights
exploitation for the people working and their families. Rashtriya Garima
Abhiyan’s founder, Ashif Shaikh, a progressive group opposing manual
scavenging claims manual scavenging is not a mode of employment, but
rather a form of slavery. Hence, remains the main reason for the human
rights violation that Dalits faces in their communities. Therefore, these
people face humiliation even when they can do jobs other than working as
manual scavengers in a country like India, which has a notion as well as the
law that gives equality and protects human rights. But if they do such jobs,
they only face discrimination by society, and if they do not do such jobs, they
suffer from financial crises, starve, and risk their family’s safety and shelter.

After the Prohibition of Employment as Manual Scavengers and their

Rehabilitation Act was passed, a landmark characteristic of the Act was not
only to eradicate the practice in itself but to remove racial bias and prejudice
complementary to this. But not even the state governments, municipal
corporations, and village councils refused to enforce the statute, but they are
also still complicit in the perpetuation of manual scavenging activities. Such
workers have no alternative under collective and social strain but to return to
working these menial jobs. This is indeed a pity and disgrace that they
continue to exploit their dignity, rights, and integrity, even when the law is on
their side.

Even as the country is progressing towards economic development, the

presence and practice of inhumane activities bring us backward and spot the
failure to guarantee and secure basic human rights. Since the legislative
implementations and amendments can not alone eradicate the inhumane
activities, we need consciousness to be combined with solutions such as
technology programs and skills to remove the persistence of manual
scavenging and to propose other possible options for employment.
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Manual Scavengers & their Rehabilitation

Every municipality, Panchayat shall prepare a list of manual scavengers. They will be
given ID card having details of family members, dependents.

- Children will be entitled for scholarships.

- Allotment of residential plot and financial assistance for house construction or ready
made house.

He or one of his family member will be given skill training and minimum Rs. 3000 will
be given as stipend.
- He or at least one adult member of his family shall be given subsidy and
concessional loan for taking up an alternative occupation.

Authorities for rehabilitation & trial of cases

- The District Magistrate of the district shall be responsible for rehabilitation of each
manual scavenger.

All offences will be tried by Executive Magistrate u/s 21 of the Act.

Vigilance Committee for each district headed by District Magistrate to advise District
Magistrate/Sub-DM on the actions which need to be taken to oversee the economic
and social rehabilitation of manual scavengers, to monitor registration of offences
under the act and their investigation and prosecution (Section 25).

Monitoring Committee
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- Every state govt. shall constitute State Monitoring Committee which will monitor
and advise the state govt. and local authorities for effective implementation of act
(Section 26, 27)

Central Govt. will also Central Monitoring Committee which will advise central & state
govt. (Section 30).

National Commission for Safai Karamcharis will monitor the implementation of this
act and advise central & state govt. for effective implementation of the act and to
take suo-moto notice of matter relating to non-implementation of the act (Section 31).

IMPLEMENTING AUTHORITY

Recent Scenario of Manual Scavenging

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● Safai Karamchari Andolan v/s. Union of India (Writ petition filed in 2003
decided on March 27, 2014) for implementation of laws on manual
scavenging.

● National Commission of Safai Karamchari reported that act not being

implemented.

● CAG reported that the National Scheme for Liberalization and Rehabilitation
of Scavengers and their dependents (Started in 1992) has failed to achieve its
objectives involving investment more than Rs. 600 crore even after ten years
of implementation. Money was unspent & underutilized.

The High Court of Gujarat disposed of a suo-motu public interest litigation (PIL) with
regard to manual scavenging after directing the state government to strictly
implement the law and take "all necessary steps" to abolish the practice. The bench
also directed the government to strictly implement the law to abolish the practice
(The New Indian Express).

As per Union Minister of Social Justice "only few states furnishing information on
manual scavenging" (Zee News).

Madras HC directed the state govt. to implement the act in response to PIL. District
level vigilance committee and state level monitoring committee to be constituted
(The Hindu).

Conclusion

In India, to eradicate the practice of manual scavenging, there is a need to change

the existing laws, strict enforcement, and a change of attitude is necessary among
society. An additional disadvantage for manual scavengers as they are members of
the community of lower castes and hence, face immense prejudice in society, and
second, they are marginalized because they are manual scavengers who clean up
excreta from humans. Even though there are many laws and schemes to prevent,
remove, and rehabilitate victims of manual scavenging but still the practice is carried
upon and still prevalent in society.

At the beginning of the 1980s, Indian courts extended the ‘right to life’ provided in
Article 21 of the Indian Constitution as a right to a dignified life and interpreted many
social and economic rights as the fundamental determinants of the right to a dignified
life. Hence, Article 21 is always there to protect the victims of manual scavenging.
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Along with the Act, there is a need for some additional techniques as well as steps to
prohibit the practice of manual scavenging and provide them with alternate jobs. An
effective step to transmit knowledge about community rights are awareness
campaigns, and also a way to teach the mass about health issues, hygiene
practices, and health practices. Everyone understands that it is forbidden by law, and
the people must be aware of the fines they face when they are arrested and when
they are involved in the use of manual scavengers. Manual workers must be kept
aware of their rights and the laws protecting the manual workers from exploitation
through their employers or the society. Since manual scavengers make little or
minimal money from the work which is insufficient for them to educate their children,
so the schemes enacted must help these workers to educate their children. The
government should provide help to every individual who is working as a manual
scavenger because of unemployment, discrimination, or poverty so that they do not
fall back into such practice. One-time interventions are not enough, a more
community-centered approach should be taken, in which more resources are offered
to the whole group to help them recover from this traditional practice.

The government must therefore completely commit itself to establish modern

sanitation systems and provide full support, which includes financial stability to those
communities who want to escape the vicious circle of manual scavenging as these
communities only face discrimination & abuses by the society

- Manual Scavenging still prevalent in India.

- Central & State Govt. have failed to implement the law on manual scavenging.

- SC & various HC directing states to implement the law.

Recommendations

- Need high-tech equipment..

- Funds for rehabilitation of manual scavengers.

- Sanitation facilities for citizens.

- Robust strategy for implementing the law of manual scavengers.

References
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Richard Abraham (2015), "HC directs strict implementation of law on manual

scavenging", New Indian Express, February 10, 2015.

Social Inclusion of Manual Scavengers, Report of National Round Table Discussion,

New Delhi, December 21, 2012.

Cleaning Human Waste, Manual Scavenging, Caste and Discrimination in India

report prepared by Human Rights Watch, 2014.

Critical Analysis of The Prohibition of Employment As Manual Scavengers and Their

Rehabilitation Act, 2013, available at:
https://beyondheadlines.in/2013/09/critical-analysis-of-the-prohibition-of-employment
-as-manual-scavengers-and-their-rehabilitation-act-2013/

Right to Dignity, not for Manual Scavengers: The neglected state of rights of
scavengers in India, available at: https://blogs.lse.ac.uk/humanrights

Manual Scavenging in India, available at:

https://thewire.in/118940/manual-scavenging-in-india-2017/

Cleaning Human Waste: Manual Scavenging, Caste and Discrimination in India,

available at:
https://www.hrw.org/sites/default/files/reports/india0814_ForUpload_0.pdf

The Prohibition of Employment as Manual Scavengers and their Rehabilitation Act,

2013, available at: https://ruralindiaonline.org/

The Self Employment Scheme for Rehabilitation of Manual Scavengers (SRMS),

available at: https://nskfdc.nic.in/

Why manual scavengers in India haven’t got their rights despite laws, judiciary
intervention, available at:
https://theprint.in/opinion/why-manual-scavengers-in-india-havent-got-their-rights-de
spite-laws-judiciary-intervention/371140/

Constitution of India

The Employment of Manual Scavengers and Constructions of Dry Latrines

(Prohibition) Act, 1993

The Prohibition of Employment as Manual Scavengers and their Rehabilitation Act,

2013 National Commission for Safai Karamcharis Act, 1993
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The Hindu

Zee News

Sewer men of Mumbai, https://www.youtube.com/watch?v=tWBCsn6pQWc

Manual Scavenging, https://www.youtube.com/watch?v=gWuPn4FkI24