ANALYSIS OF THE PROHIBITION OF EMPLOYMENT AS MANUAL SCAVENGERS AND THEIR

REHABILITATION ACT, 2013

SUBMITTED TO: Prof. Shashank Kumar

SUBMITTED BY

MEGANATH V

BA LLB (HONS) 2016-21, SECTION A

SEMESTER – X

Register no.16040141052

School of Law

Alliance University, Bangalore

If a person was employed by a local authority, 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 after considering this as a serious
violations of human rights and also bringing legislations to penalise this, this still remains
widespread in many regions of India. Sanitation is a state issue, therefore, there is state-specific
enforcement of the law. Manual scavenging is much more than an issue of the state, it is
serious violation of human rights. It is violating their 'right to life with dignity', Art. 21 of the
Constitution of India. There are also several cases of death of manual Scavengers death while
working.

Govt. of India has already brought a legislation (The Employment of Manual Scavengers and
Construction of Dry Latrines (Prohibition) Act) back in 1993 to prohibit manual scavenging. This
has been drafted with the viewpoint of sanitation. In 2013, The Prohibition of Employment as
Manual Scavengers and their Rehabilitation Act has been enacted with viewpoint of to reinstate
the human dignity of manual scavengers and their rights, and also provide them with their
rehabilitation. This act makes the employment of manual scavenging illegal. It provides
provisions relating to the rehabilitation of sanitary workers and their families. It is illegal to
clean a septic tank or sewer without providing safety gear and types of equipment for cleaning
as well as monitoring safety or protective protocols.

This act has 8 chapters and 39 sections. Chapter I of this act provides preliminary provisions
stating it's extent of application, definition and interpretation of important words and also the
explanation for the same. Chapter II of this act provides for the 'IDENTIFICATION OF
INSANITARY LATRINES' and has one section. This section provides the duties of Local
authorities to survey insanitary latrines and provide sanitary community latrines. Chapter III of
this act provides provisions for 'PROHIBITION OF INSANITARY LATRINES AND EMPLOYMENT
AND ENGAGEMENT AS MANUAL SCAVENGER'. This chapter has 6 provisions. These provisions
provide for prohibition of insanitary latrines and employment and engagement of manual
scavenger and the contract or other instrument entered into or executed before the
commencement of this act shall be terminated and declared void. It includes for prohibition of
engaging any person for hazardous cleaning of sewers and septic tanks by any person or
agency. If it is contravened then the liable person is punishable with imprisonment of up to five
years or a fine up of to ₹5 lakh or both. Chapter IV provides for 'IDENTIFICATION OF MANUAL
SCAVENGERS IN URBAN AND RURAL AREAS AND THEIR REHABILITATION', it has 6 sections. This
chapter provides the duties of Municipalities regarding identification of manual scavengesrs in
urban areas. If the municipality has found any manual scavenger(s) then it should immediately
make arrangements for his rehabilitation. In case of rural areas panchayats will do this job. If
they had identified any manual scavenger then panchayat should make arrangements for
rehabilitation. Chapter V provides for IMPLEMENTING AUTHORITIES, it has 4 sections. It
provides for responsibility of local authorities to ensure elimination of insanitary latrines. For
ensuring the safety and rehabilitation of the sanitary workers the local authority, government,
and the state should work. 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.
Chapter VI provides for PROCEDURE OF TRIAL, it has 3 sections. The offences under this act are
to be tried by Executive magistrate. Every offence under this act shall be treated as cognizable
and non-bailable. Chapter VII provides for formation of vigilance committee. The functions of
this committee is to oversee the economic and social rehabilitation of manual scavengers. This
chapter also provides for the formation of State monitoring committee. It includes CM,
legislators of all constituencies of the state, Chairperson of the State Commissions for Safai
Karamcharis and other important members. Functions of the State Monitoring Committee is to
monitor and advise the State Government and local authorities for effective implementation of
this Act.

Chapter VIII provides for miscellaneous, it has 7 provisions. It has stated the power of Central
Government to make model rules and power to remove difficulties if any difficulty arises in
giving effect to the provisions of this Act. Section 39(1) of this act is a big loophole because it
empowers the government to exclude the law provisions. And as a result, manual scavenging
will carry on. This section gives the appropriate government with power to exempt any area,
category of buildings or class of persons from any provisions of this Act or from any specified
requirement contained in this Act or any rule, order, notification, bye-laws or scheme made
thereunder or dispense with the observance of any such requirement in a class or classes of
cases, for a period not exceeding six months at a time.

The present act fails to protect manual scavengers’ dignity. Parliament needs to change the
existing law, bring more strict enforcement and change of attitude is necessary. Along with the
Act, there is a need for additional techniques as well as steps to prohibit the practice of manual
scavenging and provide them with alternate jobs.