Under this, no person, local authority or agency should engage or employ people for hazardous cleaning of sewers and septic. Dec 23, 2019 in 1993, india banned the employment of people as manual scavengers. The term manual scavenging differs from the stand alone term scavenging, which is one of the oldest economic activities and refers to the act of sorting though and picking from discarded waste. In 1993, india banned the employment of people as manual scavengers. Rehabilitation act was passed which reinforces prohibiting. The prohibition of employment as manual scavengers and their rehabilitation act and rule organisations under the division allocation for welfare of scheduled castes eutthaan. In india, the practice of manual scavenging is banned since 1993 under the employment of manual scavengers and construction of dry latrines. As per section 2j of the employment of manual scavengers and construction of dry latrines prohibition act, 1993 any person who is engaged or employed by an individual or a local authority for manually cleaning, carrying, disposing of, human waste from an insanitary latrine, open drain, pit, or railway track is a manual scavenger. 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. An analysis of the practice of manual scavenging and its. Employment of manual scavengers and construction of dry. During implementation of the national scheme for liberation and 3 ibid, p. Sep 10, 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. Prohibition act, 1993 does not prohibit dry latrines and manual scavenging in a direct.
Manual scavenging is the practice of manually cleaning, carrying, disposing or handling human and animal excreta from dry latrines, sewers and streets. According to the 1993 act manual scavenging involves continuance of community dry. Dry latrines prohibition act, 1993 46 of 1993 or in any other law. Impact of scheme of training and rehabilitation on socioeconomic. Users can click on the provided link to access the act. The sense of self respect is to be created among manual scavengers. Background note on prohibition of manual scavenging.
Manual scavenging has been prohibited in india since 1993. Apart from legislative prohibitions, the past and present central governments have tried several approaches for the rehabilitation of manual scavengers during the. The bill shall override the 1993 act and state laws on manual scavenging. The employment of manual scavengers and construction of dry latrines prohibition act of 1993 explicitly banned the practice of manual scavenging and. The employment of manual scavengers and construction of dry latrines prohibition act, 1993 first act dealt mostly with the menace of dry. Liberation and rehabilitation of manual scavengers impact journals. The provisions of this act shall have effect notwithstanding anything inconsistent therewith contained in the employment of manual scavengers and construction of dry latrines prohibition act, 1993 or in any other law, or in any instrument having effect by virtue of any other law. Mainly, dalit women and young girls performed this task. Manual scavenging must end economic and political weekly. The 1993 act prohibiting manual scavenging defines manual scavenger as a person engaged in or employed for manually carrying human excreta. The employment of manual scavengers and construction of dry latrines prohibition act, 1993, aimed for prohibition of employment of manual scavengers and for the regulation of construction and maintenance of waterseal latrines and for matters connected therewith or incidental thereto. In 1993, the government passed the employment of manual scavengers and construction of dry latrines prohibition act. The act is a parliamentary law, binding on all states.
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. The dirty picture key highlights the percentage of women engaged in manual scavenging is more than men. Be it enacted by parliament in the sixtyfourth year of the republic of india as follows. A detailed study of the prohibition of employment as manual. Manual scavenging was not just a practice related to dry latrines, but also to insanitary latrines and open defecation. Pdf manual scavenging a case of denied rights researchgate. Manual scavenging is regulated by the prohibition of employment as manual scavengers and their rehabilitation act, 20 which further reinforces the ban.
Recent government surveys, moreover, fail to include people who have voluntarily left manual scavenging since the 1993 act, often risking. Report preapared by tiss titled study of practice of manual scavenging in gujarat. Setting up a national 24x7 helpline number to report the violations. Looking at this dehumanizing practice of manual scavenging and failure of existing law, central government enacted a new law called the prohibition of employment as manual scavengers and their rehabilitation act, 20 on september 18, 20which is still not being implemented. The provisions of this act shall have effect notwithstanding anything inconsistent therewith contained in the employment of manual scavengers and construction of dry latrines prohibition act, 1993 46 of 1993 or in any other law, or in any instrument having effect by virtue of any other law.
Construction of dry latrines prohibition act, 1993. 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. Until the introduction of the employment of manual scavengers and construction of dry latrines prohibition act in 1993, state governments had a post called scavengers. Apart from legislative prohibitions, the past and present central governments have tried several approaches for the rehabilitation of manual scavengers during the last decade. Zala said 38 sewer deaths have occurred in delhi in the last two years and 64 such deaths have taken place since 1993. Manual scavenging in india reasons and responses upsc. Jun 01, 2015 c k l guptac k l gupta outline of the presentation 1. Manual scavenging and dry latrines prohibition act 1993. Working with balakrishnan rajagopal, associate professor of law and development and director of. Cbse extra questions of class 8 chapter 8 pol science.
This landmark legislation by the parliament has to be translated into concrete measures. It also provides for their rehabilitation, unlike the earlier law. The government passed the employment of manual scavengers and construction of dry latrines prohibition act in 1993. The introduction to the final act states that this act is meant to undo the historical injustices meted out to forestdwelling populations in not recognising their rights to land and. Employment of manual scavengers and construction of.
The workers have to move the excreta, using brooms and tin plates, into baskets, which they carry. Minutes of the inhouse meeting on protection of rights of refugees held on th january, 2021. Manual scavenging, caste, and discrimination in india hrw. Nov 20, 2020 amending the manual scavenging act for making mechanised cleaning of septic and sewer tanks mandatory. The process of a fresh survey of the manual scavengers in the statutory towns, has been initiated. In most urban areas, the tradition of manual scavenging will carry on for three years from the date this act begins, from open defecation. Cbse class 8 political science civics chapter 8 notes.
Manual scavengers and their rehabilitation act, 20 secure ias. Describe the 1989 act made in context to adivasi demands. A new act and rules were adopted in 20 reinforcing this illegality. This law prohibits the employment of manual scavengers as well as the construction of dry latrines. Manual scavenging burning issues free pdf download. Manual scavengers and construction of dry latrines prohibition act, 1993. 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 sewer or in a septic tank or a pit. The prohibition of employment as manual scavengers and their rehabilitation act, 20.
Manual scavenging is defined as the removal of human excrement from public streets and dry latrines, cleaning septic tanks, gutters and sewers. Manual scavenging is a caste, human dignity and a gender problem which many times is treated as a sanitation issue. It was hoped that the proposed law would make up for the failings of the existing law. The employment of manual scavengers and construction of dry latrines prohibition act, 1993 is provided by the ministry of housing and urban poverty alleviation mhupa. Home actsofparliamentfromtheyear the prohibition of employment as manual scavengers and their rehabilitation act, 20. The term manual scavenger has been defined under section 2j of the act, 1993. On september 18, 20, central government came up with new law on manual scavenging called the prohibition of employment as manual scavengers and their. 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. 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 excreta. Likewise, prohibition of employment as manual scavengers and their rehabilitation bill, 2012. Sep 11, 2018 the death of five manual scavengers in delhi on sunday september 10 testifies to the fact. Legislative brief the prohibition of employment as manual. While an earlier 1993 law prohibited the employment of manual scavengers and construction of dry latrines, the strength of the new act is that it brings hazardous cleaning of sewers and septic tanks under its ambit. It is a big loophole in the act because it empowers the government to exclude the law provisions.
Pdf in 20, the employment of manual scavengers and. Employment as manual scavengers and their rehabilitation act, 20. The employment of manual scavengers and construction of dry latrines prohibition act, 1993. The employment of manual scavengers and construction of dry latrines prohibition act, 1993, aimed at addressing the issue of manual scavenging in larger perspectives, but government failed to enforce the law for over 18 years as a result of which tens of thousands of people still continue to be engaged in manual scavenging. The issue of manual scavenging has drawn a great amount of attention since many years. According to this law, the employment of manual scavengers is prohibited and a restriction on the construction of dry latrines was enforced.
This article talks about the plight of manual scavengers in indian. Legal notice issued to shalabh upadhyay, the, ratan. Oct 16, 2020 the video, showing manual scavenger, is objectionable and misinformed and it amounts to promotion of manual scavenging, which is contrary to what law, the employment of manual scavengers and construction of dry latrines prohibition act, 1993 no. Act, passed unanimously by both houses of parliament in 20, which outlawed the practice of manual scavenging completely. The 1993 act prohibiting manual scavenging defines manual scavenger as a person engaged in or employed for manually carrying human. Employment of manual scavengers and construction of dry latrines prohibition act, 1993. 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. Manual scavenging a law without enforcement the csr journal. The failure of the 1993 act eventually led to the enactment of the 20 act which marked a seismic shift in the perspective of the enactment, as the 20 act sought to end the affront that is caused to human dignity through manual. This paper can be downloaded in pdf format from ielrcs website at. Government to amend law to stop manualsewer cleaning, make. Manual scavenging is the worst form of the negating dignity and human rights of the dalits people. According to it, a manual scavenger means a person who is engaged in or employed for carrying human. As such, the practice of manual scavenging has been prohibited since 1993.
The prohibition of employment as manual scavengers and their. There is a need for strong enforcement of the law that prohibits scavenging. Looking at this dehumanizing practice of manual scavenging and failure of existing law, central government enacted a new law called the prohibition of employment as manual scavengers and their rehabilitation act, 20 on september 18, 20. Government to amend law to stop manualsewer cleaning. Oct 23, 2020 the employment of manual scavengers and construction of dry latrines prohibition act was passed by the parliament in 1993, and set imprisonment of up to one year and a fine of rs 2,000 for pushing a person to manual scavenging. Rules regulations notifications orders circulars statutory. Law on manual scavenging in india central government enacted employment of manual scavengers and constructions of dry latrines prohibitions act, 1993 but it failed to serve the purpose. Manual scavenging is a term used mainly in india for manually cleaning, carrying, disposing of. Identification of insanitary latrines and manual scavengers. Manual scavengers usually use hand tools such as buckets, brooms and shovels.
In 2021, the nhrc observed that eradication of manual scavenging as claimed by state and local governments is far from over. C k l guptac k l gupta manual scavenging is the worst surviving symbol of untouchability. Manual scavenging, the act of human removal of excreta from dry pit latrines, is detrimental to. Aug 25, 2014 download the summary and recommendations in hindi. A manual scavenger is a person who performs this task.
The official definition of a manual scavenger in indian law from 1993 is as follows. Prohibition of employment as manual scavengers and their. Construction of dry latrines prohibition act, 19 93. 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. This resource guide provides a detailed description of the origins of manual scavenging. However, the governmental institutions are reluctant to act on this and are going to great lengths in denying the existence of manual scavengers. Prohibition of employment of manual scavengers, etc. The fundamental gaps in effectively executing such laws like pcra, scst prevention of atrocities act explain the lack of political will of the government of india. Present paper will critically analyze the past, present and future of manual scavenging in india. Manual scavenging is defined as the practice of removing the human and animal waste using brooms, baskets and tin plates from the dry latrines and further carrying it on the head to dispose of them to far off disposal grounds. Critical analysis of law on manual scavenging in india by. Manual scavenging is defined as the manual cleaning of latrines or the disposal of human excreta. The employment of manual scavengers and construction of dry latrines prohibition act, 1993, aimed for prohibition of employment of manual scavengers and for the regulation of construction and.
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