THE PROHIBITION OF

EMPLOYMENT AS MANUAL
SCAVENGERS AND THEIR
REHABILITATION ACT, 2013
WHY WE NEED THIS LEGISLATION?
• Promoting fraternity among the citizens by assuring dignity of the
individual.
• Constitution provides Fundamental Rights among which Right to live with
dignity is also a Fundamental Right.

Dehumanizing practice arising from:

• insanitary latrines
• Unjust caste system.
• Necessity to correct the historical injustice and to rehabilitate to a life of
dignity.

AIMS AND OBJECTIVES

• Prohibition of employment as manual scavengers.
• Rehabilitation of manual scavengers and their families.
SALIENT FEATURES OF THE ACT
• Identification of insanitary latrines
• The Local authority shall, from the date of commencement of this act —
• (a)Survey
• carry out a survey- of insanitary latrines existing within its jurisdiction, and publish a list
of it within a period of two months

What is insanitary Toilets?

• An insanitary toilet is a toilet (such as pit latrines) where the human waste leaks into
the environment as the toilet is not connected to any safe containment structures like
septic tank or twin pit.
What is a ‘Sanitary Toilet’?
• A sanitary toilet is a toilet which is connected to a sewage system or a septic tank
because of which the waste does not leak into the environment.

What is “Full Cycle of Sanitation”?

• The full cycle of sanitation (FCS) includes five stages, namely, 1) safe containment
(consisting of toilets and septic tanks/drainage systems), 2) safe emptying services
like de-sludging, 3) safe transport of waste by trucks, 4) safe treatment in sewage
treatment plants / fecal sludge treatment plants, and 5) safe disposal/reuse. The
stages are explained in the diagram below.
What is ‘Emptying’ in FCS?

• Emptying (or) de-sludging is a process, where the septage is emptied from the
septic tank by de-sludging operators using suction pipes in situations of septic tank
overflowing or cleaning purposes.
What is a Decanting facility?

• Decanting facility is a point where septage from on-site sanitation systems like pit
latrines and septic tank is pumped into the underground sewerage systems, to be
treated at the centralized treatment plant. These assigned stations for emptying
the septage are called decanting stations.
What is ‘Treatment’ in FCS?

• The fourth stage in FCS is treatment, where the septage transported and
discharged by trucks or through decanting facilities undergoes treatment, thereby
making it safe for reuse.
 Prohibition of insanitary latrines and employment and engagement as
manual scavenger [Section 5]
No person, local authority or any agency shall-
– construct an insanitary latrine; or
– engage or employ, either directly or indirectly, a manual scavenger, and
every person so engaged or employed shall stand discharged
immediately from any obligation, express or implied, to do manual
scavenging.
– every insanitary latrine existing shall be demolished or converted into a
sanitary latrine, by the occupier at his own cost before the expiry of the
period specified.
– the State Government may give assistance for carrying out conversion or
demolition.
– non-receipt of State assistance shall not be a valid ground to maintain or
use an insanitary latrine beyond the said period of nine months.
• On failure of occupier to demolish an insanitary latrine or convert it into a
sanitary latrine within the period specified, the local authority , after giving
20 days notice to the occupier, either convert or demolish such insanitary
latrine, and shall be entitled to recover the cost of such conversion.
Contract, agreement, etc., to be void.[Section 6]
Even agreements entered before the enactment of this
Act. However, no person employed or engaged as a
manual scavenger on a full-time basis shall be retrenched
by his employer, but shall be retained, subject to his
willingness, in employment on at least the same
emoluments, and shall be assigned work other than
manual scavenging.
Prohibition of persons from engagement or
employment for hazardous cleaning of sewers and
septic tanks.[Section7]
No person, local authority or any agency shall engage or
employ, either directly or indirectly, any person for
hazardous cleaning of a sewer or a septic tank.
Penal Provisions
Penalty for contravention of Section 5 or Section 6.
• First contravention – Imprisonment up to 1 year (or) fine up to
Rs.50,000/- or with both.
• Subsequent contravention – Imprisonment up to 2 year (or) fine up
to Rs.1,00,000/- or with both.

Penalty for contravention of section 7.

• First contravention – Imprisonment up to 2 year (or) fine up to
Rs.2,00,000/- or with both.
• Subsequent contravention – Imprisonment up to 5 year (or) fine up
to Rs.5,00,000/- or with both.
• Limitation of prosecution.
• Court shall take cognizance upon a complaint by a person within
three months from the date of the occurrence of the alleged
commission of the offence.
 Rehabilitation of persons identified as manual scavengers by a
Municipality.[Section13]
(1) Person included in the final list of manual scavengers published
shall be rehabilitated in the following manner:—
– he shall be given, within one month,—
• a photo identity card, containing, inter alia, details of all
members of his family dependent on him, and
• such initial, one time, cash assistance, as may be prescribed;
– his children shall be entitled to scholarship as per the relevant
Government schemes.
– he, or at least one adult member of his family, shall be given,
subject to
• eligibility and willingness, subsidy and concessional loan for taking
up an alternative occupation on a sustainable basis, in such manner
as may be stipulated in the relevant schemes,
• he shall be provided such other legal and programmatic assistance
Duty of local authorities and other agencies to use
modern technology for cleaning of sewers, etc.
[Section 33]

• It shall be the duty of every local authority and other

agency to use appropriate technological appliances for
cleaning of sewers, septic tanks and other spaces
within their control with a view to eliminating the need
for the manual handling of excreta in the process of
their cleaning.
• It shall be the duty of the appropriate Government to
promote, through financial assistance, incentives and
otherwise, the use of modern technology.
THANK YOU