It was hoped that the proposed law would make up for the failings of the existing law. The workers are apparently asked to perform the cleaning task in violation of section 7 of the prohibition of employment as manual scavengers and their rehabilitation act, 20. 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. Prohibition of employment as manual scavengers and their rehabilitation act, 20 pdf file chapter i prelimininary 1.
Under this, no person, local authority or agency should engage or employ people for hazardous cleaning of sewers and septic. Manual scavenging is not only a violation of human rights but also a disgrace to human dignity and humanity at large. Jitendra rathod for beyondheadlines the prohibition of employment as manual scavengers and their rehabilitation act, 20 received assent of the president on 18th september 20 and published in the gazette of india on 19th september 20. This situation persists despite the fact that the employment of manual scavengers and construction of dry latrines prohibition act, 1993, is in enforcement, which provides for the. Sep 19, 2018 available provisions against manual scavenging. Employing a person for manual scavenging in india is legally prohibited. Manual scavenger means a person engaged or employed. Labour conference in 2007, the manual scavenging issue was discussed under the application of ratified conventions.
Despite progress, manual scavenging persists in india. 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. 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. The existing law prohibiting manual scavenging was enacted under the state list.
Information related to sections of the act is given. 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. Wherever there is a conflict between the laws, 20 law will. Find details about the prohibition of employment as manual scavengers and their rehabilitation act, 20. Rehabilitation act, 20 25 of20, the central government hereby makes. Implementation of manual scavengers act 20 in tamil nadu. The incidents of manual scavenging, which is banned under the prohibition of employment as manual scavengers and their rehabilitation act, 20. Pdf the prohibition of employment as manual scavengers. It was felt by the dalit movement and like minded people that if the act is enacted, it would eradicate the most. Salient features of the act the prohibition of employment as manual scavengers and their rehabilitation act, 20 defines manual scavenging very clearly for the benefit of easy operationalization.
Total of 14,559 manual scavengers had been identified by municipalities and gram panchayats in states from 20 2014 till january 31, 2020. Advice central and state governments for effective implementation of act. Employing manual scavengers made an offence current. In 1993, the government of india enacted the employment of manual scavengers and construction of dry latrines prohibition act. The broad objectives of the act are to eliminate unsanitary latrines, prohibit the employment of manual scavengers and the hazardous manual cleaning of sewer and septic tanks, and to maintain a survey of manual.
The prohibition of employment as manual scavengers and their rehabilitation bill, 2012 1. The act prohibits construction of insanitary latrines and employment of a manual scavenger. In this article, an attempt has been made to trace out the brief history of the practice of manual scavenging in india. People could once again return to manual scavenging in the absence of other opportunities to support their families. The employment of manual scavengers and construction of dry latrines prohibition act, 1993 no. Prohibition of employment as manual scavengers and. Prohibition of manual scavengers and their rehabilitation act no. Be it enacted by parliament in the sixtyfoufih year of the republic of india as follows. 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 details of the act and rules are published on the website of ministry of social justice and empowerment, goi. Prohibition of employment as manual scavengers and their rehabilitation act 20 came into force on 6 december 20 across india except jammu and kashmir. The act prohibits manual scavenging and the manual cleaning of sewers and septic. The prohibition of employment as manual scavengers and their rehabilitation act, 20 7 cont 8.
Rules regulations notifications orders circulars statutory ordinance. The prohibition of employment as manual scavengers and their rehabilitation act, 20 received assent of the president on 18 th september 20 and published in the gazette of india on 19 th september 20 it was felt by the dalit movement and like minded people that if the act is enacted, it would eradicate the most inhumane practice of manual scavenging. Critical analysis of the prohibition of employment as manual. Prohibition of employment as manual scavengers and their rehabilitation act, ms 20 manualscavengermeans a person engaged or employed by an individual or a local authority or a public or private agency, for manually cleaning, carrying, disposing of, or otherwise handling in any manner, human excreta. Manual scavenging is a castebased and hereditary occupation for dalits untouchables, which is predominantly linked with forced labour or slavery. Stringent antimanual scavenging bill passed the hindu. Critical analysis of the prohibition of employment as. The prohibition of employment as manual scavengers and their rehabilitation act came into effect in 20, 20 years after the employment of.
Local authorities should demolish existing insanitary latrines household or public that require manual cleaning and it shall be illegal to construct any. The 1993 act prohibiting manual scavenging defines manual scavenger as a person engaged in or employed for manually carrying human excreta. Enquire into complaints regarding contravention of provisions of act. Prohibition of employment as manual scavengers and their rehabilitation act, 20 came into effect from 6thdecember. C k l guptac k l gupta outline of the presentation 1. Accordingly, the parliament passed the prohibition of employment as manual scavengers and their rehabilitation act, 20 ms act, 20 which came into effect from 6 th december, 20. The death of five manual scavengers in delhi on sunday september 10 testifies to the fact.
National survey of manual scavengers workshop for nodal. Jan 29, 2015 18th september 20 marks the enforcement of, the prohibition of employment as manual scavengers and their rehabilitation act, 20. Manual scavenging is defined as the manual cleaning of latrines or the disposal of human excreta. Pdf the prohibition of employment as manual scavengers and. Dec 06, 20 prohibition of employment as manual scavengers and their rehabilitation act 20 came into force on 6 december 20 across india except jammu and kashmir. In 20, the employment of manual scavengers and construction of dry latrines prohibition act, 1993. Org prohibition of employment as manual scavengers. The prohibition of employment as manual scavengers and their. 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. In 20, landmark new legislation in the form of the manual scavengers act was passed which seeks to reinforce this ban by prohibiting manual scavenging in all forms and ensures the rehabilitation of manual scavengers to be identified through a mandatory survey. They are subjected to ongoing, intergenerational torture, severe mental and physical pain rooted in caste based.
The earlier act, 1993 faced many problems only in operationalization. Laws governing the issue of manual scavenging and prohibition of insanitary latrine in india are the prohibition of employment as manual scavengers and their rehabilitation act, 20. The inhumane practice of manual scavenging enslaves estimated 12,00,000 people in india. The prohibition of employment as manual scavengers and their rehabilitation act and rule organisations under the division allocation for welfare of scheduled castes eutthaan. Under this, in february 20 delhi announced that they were banning manual scavenging. This chapter focuses on the social aspects of sanitation, which include the practice of manual scavenging and the working conditions of sanitationsewage workers. The manual scavengers and construction of dry latrines prohibition act enacted in 1993 by the government of india prohibits manual scavenging in the country.
The dehumanising practice of manual scavenging is officially banned since decades in india under the employment of manual scavengers and construction of dry latrines prohibition act, 19933which makes provisions for the abolition of this practice, and for the identification and rehabilitation of manual. Org prohibition of employment as manual scavengers and their rehabilitation rules, 20. Prohibition of employment as manual scavengers act 20. Unlike the earlier act, formulated from a sanitation perspective, the new law emphasises restoring human dignity and the rights of manual scavengers. The prohibition of employment as manual scavengers and. It will come into force on such date as may be decided by the govt by notification. Manual scavenging is a term used mainly in india for manually cleaning, carrying, disposing of. This act intends to, inter alia, achieve its objectives to. The employment of manual scavengers and construction of. Social welfare programmes of india social welfare sector is responsible for the welfare, rehabilitation and development of the persons with disabilities, the social deviants, and the other disadvantaged who require special attention of the state because of the disabilities and vulnerabilities they suffer from.
It includes excerpts from nationallevel legislation, such as the employment of manual scavengers and construction of dry latrines prohibition act, 1993 and the prohibition of employment as manual scavengers and their. The prohibition of employment as manual scavengers. Printed separately, 20 pdf of bill pdf of bill doc. Prohibition of employment as manual scavengers and their. Under section 31 of prohibition of employment as manual scavengers and their rehabilitation act 20, ncsk perform flowing functions. The occupation persists mainly because of the continued presence of insanitary latrines. The according to latest act prohibition of employment as manual scavengers and their rehabilitation act 20 is a person engaged or employed at the commencement of this act or any time, thereafter by an individual or local authority or an agency or a contractor, for.
Dec 23, 2019 in 1993, india banned the employment of people as manual scavengers. Correctly identifying manual scavengers remains a key challenge. 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 new act and rules were adopted in 20 reinforcing this illegality. India was one of the countries included in this discussion under discrimination convention. The employment of manual scavengers and construction of dry latrines prohibition act, 1993 defines manual scavenger as a person engaged in or employed for manually carrying human. Act means the prohibition of employment as manual scavengers and their rehabilitation act. Manual scavenging act and municipal waste water workers in india policy and practice pgdel, national law school of india university 3 declaration i, n. India prohibition of manual scavengers and their rehabilitation act.
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. Implementation of manual scavengers act 20 in tamil. Clearly, the authorities seem utterly confused when it comes to defining manual scavenging. There could be an argument for parliaments jurisdiction to. Manual scavenging in india reasons and responses upsc. Be it enacted by parliament in the sixtythird year of the republic of india as follows. 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 manual scavenging and protection of sanitation. In december, 20 government has also formulated rules 20 called as the prohibition of employment as manual scavengers and their rehabilitation rules 20 or m. 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. The official definition of a manual scavenger in indian law from 1993 is as follows. Section 2 g of the prohibition of employment as manual scavengers and their. Org prohibition of employment as manual scavengers and their rehabilitation rules, 20 subject created date. The prohibition of employment as manual scavengers and their rehabilitation act, 20. 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. In 20, new legislation within the variety of manual scavengers act was passed that seeks to bolster this ban by prohibiting manual scavenging all together forms and rehabilitation of manual scavengers to be known through a compulsory survey. Jun, 2016 moving the prohibition of employment as manual scavengers and their rehabilitation bill, 20 in the upper house, minister for social justice kumari selja said the earlier act did not prove very. The act provides for the prohibition of employment as manual scavengers, rehabilitation of manual scavengers and their families. The employment of manual scavengers and construction of dry latrines prohibition act, 1993.
The ms act 20 prohibits manual scavenging and states that no person or agency can employ manual scavenger. Manual scavengers and their rehabilitation act, 20. The law prohibits the employment of manual scavengers, the manual cleaning of sewers and septic tanks without protective equipment and the construction of insanitary latrines. This constitutional aspiration has been given effect through the employment of manual scavengers and construction of dry latrines prohibition act, 1993ii. The prohibition of employment as manual scavengers and their rehabilitation act 20 outdated the 1993 act and outlaws all sorts of manual scavenging beyond simply dry latrines, prescribing penalties for people who uphold the practice and protective people who have interaction in it. Users can get information on the act, its objectives, short title, definition and commencement. Manual scavenging is regulated by the prohibition of employment as manual scavengers and their rehabilitation act, 20 which further reinforces the ban. Jun 01, 2015 the prohibition of employment as manual scavengers and their rehabilitation act, 20 7 cont 8. Manual scavenging in india is a human rights violation. Under this, no person, local authority or agency should engage or employ people for hazardous cleaning of sewers and septic tanks. An act to provide for the prohibition of employment as manual scavengers, rehabilitation of manual scavengers. Manual scavenging manual scavenging is historically linked to the practice of untouchability and the continuation such practices is forbidden under the constitution of india article 17. The act aims to eliminate the age old menace, by bringing in force an act that not only deals in prohibition of manual scavenging, elimination of insanitary latrines but also identification and rehabilitation of manual scavengers.
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