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Latest Laws
Critical Analysis of Law on Manual
Scavenging in India By Rashmi Jain
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November 10,2018:
The Author, Rashmi Jain is a 5th year BBA.LLB (H) student of
ICFAI (Indian Chartered Financial Analysis) Law School,
Hyderabad. She is currently interning with LatestLaws.com.
What is Manual Scavenging? Latest Laws Court
Ambassadors
Manual scavenging is the practice of manually cleaning,
carrying, disposing or handling human and animal excreta from
dry latrines, sewers and streets.The 1993 Act prohibiting manual Publish Your Article
scavenging defines "manual scavenger" as “a person engaged in
or employed for manually carrying human excreta”.
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Who can be termed as Manual Scavenger?
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Any person who has been employed to handle decomposed
human waste from an insanitary latrine, open drain or pit or Campuss Buzz
railway track is a manual scavenger under this law.
The person can be appointed by the villager, agent or contractor in
the particular village.
The person can be appointed as regular or contract basis
irrespective of nature of the employment he will be covered under
it.

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एनएलयू म अ य पछडा वग
को आर ण क मांग, (के य
श ण सं थान ( वेश म
आर ण) अ ध नयम 2006)
अ ध नयम तथा यजू ीसी
दशा नदश भत व वेश दोन
म ओबीसी के लए आर ण
ज र , के य श ा मं ी
रमेश पोख रयाल नशंक को
लखे प
Supreme Court notice to
Centre on pleas against Farm
Laws
बार एसो सएशन ने जताई
नाराजगी: वक ल क वेशभषू ा
म काननू ी यवसाय न कर
एलएलबी छा , भ व य म कोई
इस तरह उ लंघन करते मला
तो होगा मक
ु दमा दज
द ल हाईकोट ने सभी
अदालत प रसर म फाइबर
इंटरनेट लाइन बछाने से
संबं धत या चका पर वचार से
इनकार कया
If a person is appointed to clean human waste with the help of the
appropriate protective gear and equipment will not be considered
a manual scavenger under this law.
The people called 'safai karamcharis' are also sometimes
considered as manual scavengers - however, they usually refer
to people working as sweepers or cleaning workers in the
municipalities, government or private organisations. But In a
Country like India and in many metropolitan cities we find safai
karmacharis being not provided protective gear or sufficient.
In the case of Safai Karamchari Andolan And Ors vs Union
Of India And Ors[1] , The Supreme Court observed the NALSA
following points, which were even observed in a survey and
assessment study done by the Union Government.
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If the practice of manual scavenging has to be brought to a close
LatestLaws.Com Partner
and also to prevent future generations from the inhuman Event: NorthCap University
practice of manual scavenging, rehabilitation of manual Presents Webinar On 'Issues
And Challenges In Bio-
scavengers will need to include:-
Piracy In 21st Century:
National And International
Sewer deaths – entering sewer lines without safety gears should Perspective'
be made a crime even in emergency situations. For each such
death, compensation of Rs. 10 lakhs should be given to the family
of the deceased.
Railways – should take time bound strategy to end manual LatestLaws Partner Event :
scavenging on the tracks. LatestLaws.Com Partner
Persons released from manual scavenging should not have to Event: AUMP National
cross hurdles to receive what is their legitimate due under the law.
Virtual Moot Court
Competition, 2020
Provide support for dignified livelihood to safai karamchari
women in accordance with their choice of livelihood schemes.
Legislative framework prohibiting and limiting manual
scavenging in India- Dee Gee
The practice of manual scavenging is not legal in India. Various
laws which are in support say no to Manual Scavenging because
it against the human dignity and life the laws which are
supporting the same;
The Protection of Civil Rights Act (1955) made it an offense to
compel any person to practice manual scavenging.
The Employment of Manual Scavengers and Construction of Dry
Latrines (Prohibition) Act (1993) punished the employment of
manual scavengers or the construction of dry latrines with
imprisonment for up to one year and/or a fine of 2000 rupees.
The Prohibition of Employment as Manual Scavengers and their
Rehabilitation Act(2013) superseded the 1993 Act and outlaws all
forms of manual scavenging, prescribing penalties for those who
perpetuate the practice and protecting those who engage in it.
The 2013 Rehabilitation Act also commits to providing alternate
livelihoods and other assistance (such as cash payments,
scholarships for children, housing and other legal and
programmatic assistance) to help rehabilitate former manual
scavengers. However, it is again the discretion of the local
governments to comply with these rules and regulations.
However everybody knows it is against the human dignity even
the people who are working they are also not happy with it but
to earn their livelihood they have take such steps. There are
many laws which prohibit this at the same time but it is not
followed in a stricter sense so the government have to
collectively ensure its effective implementation on the ground
by being sensitive and alert to infringements of the rights
against the human dignity.

National Scheme Of Liberation And Rehabilitation Of

Scavengers And Their Dependents (NSLRSD)-

Started in 1989, the main objective of the NSLSRD is to liberate

manual scavengers from their existing hereditary inhuman
occupation of manually removing night soil and filth and to
provide for and engage them in alternative and dignified
occupations. In 2003, a CAG report concluded that scheme
failed to achieve its objective involving investment of Rupees
600 crores. CAG report also pointed that there was “lack of
coordination between ‘liberation’ and ‘rehabilitation’ and there
was no evidence to suggest if those liberated were in fact
rehabilitated.[2]

Critical Analysis Of Legal Framework On Manual

Scavenging In India-

Any person who has been employed to handle unrecompensed

human waste from an insanitary latrine, open drain or pit or
railway track is a manual scavenger under this law.
The person could have been employed by any one - say, someone
from their village or by an agency or contractor.
It does not matter if she was given regular employment or
engaged on contract basis, she is covered under this law.
Exception - Any person who has been employed to clean
human waste and does so with the help of the appropriate
protective gear and equipment will not be considered a manual
scavenger under this law. But , the standards of protective gear
differs from state to state and city to city .

Another group of people called 'safai karamcharis' are also

sometimes considered as manual scavengers - however, they
usually refer to people working as sweepers or cleaning workers
in the municipalities, government or private organizations.

The plight of cleaning , municipal workers was further

highlighted in the case of Delhi Jal Board v. National Campaign
for Dignity & Rights of Sewerage& Allied Workers[3],wherein
the court outlined the following facts - the apathy and plight of
the disadvantaged sections of the society,

particularly the scavengers and sewage workers, who risk their

lives by going down the drainage without any safety equipment
and security and have been deprived of fundamental rights to
equality, life and liberty for last more than six decades. In the
said case, The apex Court also referred to a Report ( “Health &
Safety Status of Sewage Workers in Delhi”) Published by
Centre for Education and Communication in collaboration with
Occupational Health & Safety Management) wherein the
following points were highlighted “The workers are suffering
 from high mortality and morbidity due to exposure at
workplace. 33 workers had died in last 2 years due to accidents
while working on the blocked sewer lines 59% of the workers
enter underground sewer manholes more than 10 times a month
and half of them have to work more than 8hours a day...
41workers have reported syncope, and other 24reported
temporary loss of consciousness. A little over 1/3 of the workers
had been immunized against tetanus while none of them had
been vaccinated against hepatitis B. Approximately 46 % of
workers across all age group were found to be underweight
according to Body Mass Index (BMI) calculation. All daily
wagers were getting a wage of approximately 2950 rupees per
months without any other benefit irrespective of service period.”

The Apex Court also pulled up the government and the state
apparatus on being insensitive to the safety and wellbeing of
those who are, on account of sheer poverty, compelled to work
under most unfavourable conditions and regularly face the threat
of being deprived of their life. Supreme Court also reprimanded
the elitist mindset of the wealthy class with regard to public
interest litigation / Pro Bono litigation.

[1] WRITE PETITION (CIVIL) NO. 583 OF 2003

2.Safai Karamchari Andolan v. Union of India (2014)11SCC

224

3.2011 (8) SCC 568.

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