Manual scavenging is regulated by the prohibition of employment as manual scavengers and their rehabilitation act, 20 which further reinforces the ban. The act made employing a manual scavenger a cognisable offence with imprisonment and fine. The prohibition of employment as manual scavengers and their rehabilitation act and rule organisations under the division allocation for welfare of scheduled castes eutthaan. Users can click on the provided link to access the act. Rehabilitating manual scavengers english, hindi manual scavenging refers to the practice of manually cleaning, carrying, disposing or handling in any manner, human excreta from dry latrines and sewers. Scavenging does not require any skill and provides some additional income. Manual scavenging is the manual removal of untreated human excreta from toilets or sewers, septic tanks, or open drains by hands. Manual scavenging in india reasons and responses upsc. The relevant constitutional provisions with regard to the enforcement of this act is article 252 of the indian constitution. Government claims to have assisted 91% of indias manual. This paper deals with the genesis of manual scavenging, and similar practices in the world, if any. Oct 25, 2018 ii employment of manual scavengers and construction of dry latrines prohibition act, 1993. Manual scavengers usually use hand tools such as buckets, brooms and shovels.
Oct 16, 2018 manual scavenging is the manual removal of untreated human excreta from toilets or sewers, septic tanks, or open drains by hands. Manual scavenging is the practice of manually cleaning, carrying, disposing or handling human and animal excreta from dry latrines, sewers and streets. 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. Manual scavenging is a term used mainly in india for manually cleaning, carrying, disposing of. Manual scavenging is a caste, human dignity and a gender problem which many times is treated as a sanitation issue. Pdf manual scavenging a case of denied rights researchgate. The first chapter of the employment of manual scavengers and construction of dry latrines prohibition act, 1993 deals with the definitions and when the act will come into force. Construction of dry latrines prohibition act, 1993. Manual scavenging literally means removal of human excreta from toilets without flush systems. Manual scavenging, caste, and discrimination in india hrw. The act made it the responsibility of citizens, organisations and the state to maintain sanitary toilets. It has been officially prohibited by law in 1993 due to it being regarded as a castebased, dehumanizing practice if not done in a safe manner.
Further the practice of manual scavenging is still. Construction of dry latrines prohibition act, 1993 provides for the prohibition of employment of manual scavengers as well as construction or continuance of. Manual scavenging is defined as the manual cleaning of latrines or the disposal of human excreta. Despite the most stringent penal provisions in the law against manual scavenging, it continues in parts of india largely due to governmental indifference and social prejudice. Aug 14, 2015 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 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. The practise of manual scavenging is linked to indias caste system where socalled lower castes were expected to perform this job. It involves moving the excreta, using brooms and tin plates, into baskets, which. 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. Manual scavenging 19911994 dodge dakota repair manual manual download isuzu n series diesel owners manual drivers manual guide book 2016 ford tractor 2600 3600 4100. Employment of manual scavengers and construction of dry latrines prohibition act, 1993. Karmacharis act, 1993 and continued by resolution of the government of india in the.
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 pit. 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. Sep 18, 2018 but this act was not the first one to deal with manual scavenging. Background note on prohibition of manual scavenging and. The prohibition of employment as manual scavengers and their rehabilitation act and rule. Srivastava, concept publishing company, new delhi, 1997, p. It tries to explore the causes and reasons for the continuance of this social evil in india with a case study of ghazipur district in eastern. An act to provide for the prohibition of employment of manual scaven. The practise of manual scavenging is linked to indias caste system where socalled lower. One such degrading and inhuman practice that is still prevalent in india is manual scavenging. The employment of manual scavengers and construction of dry. It involves moving the excreta, using brooms and tin plates, into baskets, which the workers carry to disposal locations sometimes several kilometers away. The truth about indias manual scavengers talks about this harsh aspect of reality manual scavenging.
Manual scavenging was banned by an act of parliament in 1993. Manual scavenging government claims to have assisted 91% of indias manual scavengers, without counting 93% of them india has 2. 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. It often involves using the most basic of tools such as buckets, brooms and baskets. Manual scavenging, caste, and discrimination in india. Employment of manual scavengers and construction of dry latrines prohibition act, 1993 pdf file chapter i preliminar 1. 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. Manual scavenging act and municipal waste water workers in india policy and practice pgdel, national law school of india university 3 declaration i, n.
It focused on increasing the punishment for manual scavenging, and on rehabilitation and employment of. Present paper will critically analyze the past, present and future of manual scavenging in india. 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. Critical analysis of law on manual scavenging in india by. According to the employment of manual scavengers and construction of dry latrines prohibition act, 1993 and the national commission for safai karmcharis act manual scavenger or safai karmachari means a person engaged in or employed for manually carrying human excreta. Employment of manual scavengers and construction of dry. Under this, no person, local authority or agency should engage or employ people for hazardous cleaning of sewers and septic. This paper can be downloaded in pdf format from ielrcs website at. Karmacharis act, 1993 and continued by resolution of the government of india in the ministry of social justice and empowerment vide no. Nc for safai karmacharis burning issues pdf download the number of manual scavenger deaths is highest in haryana followed by uttar pradesh, delhi, and gujarat.
Dec 23, 2019 in 1993, india banned the employment of people as manual scavengers. Later the validity of the act was initially extended upto 2002 and thereafter upto 2004. Manual scavenging the cleaning of dry latrines was outlawed in the country in 1993 but it was only in 20 that the law recognized the other hazardous aspects of the work. 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. Manual scavenging is a castebased occupation involving the removal of untreated human excreta from bucket toilets or pit latrines, that has been officially abolished by law in india as a dehumanizing practice. The work is being regarded as a castebased, dehumanizing practice. The official definition of a manual scavenger in indian law from 1993 is as follows. Aug 25, 2014 aimed specifically at ending manual scavenging, the employment of manual scavengers and construction of dry latrines prohibition act, 1993 the 1993 act, declared the employment of manual.
The ncsk was established in the year 1993 as per the provisions of the ncsk act 1993 initially for the period upto 1997. The relevant constitutional provisions with regard to the enforcement of this act is. The employment of manual scavengers and construction of dry latrines prohibition act, 1993 no. 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 andor a fine of 2000. Prohibition act, 1993 was amended in 20 to form the prohibition of employment as manual scavengers and their rehabilitation act. The protection of civil rights act 1955 made it an offense to compel any person to practice manual scavenging. 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 1993 act prohibiting manual scavenging defines manual scavenger as a person engaged in or employed for manually carrying human excreta. This act intends to, inter alia, achieve its objectives to.
Aimed specifically at ending manual scavenging, the employment of manual scavengers and construction of dry latrines prohibition act, 1993 the 1993 act, declared the employment of manual. A case s tudy rajeev kumar singh, ziyauddin this note deals with the problem of manual scavenging in india as a form of caste and occupationbased social exclusion. Dattu stated that just putting in place laws was not enough, they need to be implemented proactively. The death of five manual scavengers in delhi on sunday september 10 testifies to the fact. Offences under the act shall be cognizable and nonbailable and may be tried summarily. The prohibition of employment as manual scavengers and. Delhi commission for safai karamcharis act, 2006 no. Recently, while expressing concern over the continuing practice of manual scavenging, national human rights commission nhrc chairperson h. Manual scavenging refers to the practice of manually cleaning, carrying, disposing or handling in any manner, human excreta from dry latrines and sewers.
Prohibition of employment of manual scavengers, etc. Ministry of social justice and empowerment, instructions manual, february, 20 pp. Latrines prohibition act, 1993 or in any other law, or in any instrument. 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. Manual scavenging upsc ias manual scavenging is the worst surviving symbol of untouchability. The second legislation was the prohibition of employment as manual scavengers and their rehabilitation act, 20, which came into effect from december 6, 20. Despite the most stringent penal provisions in the law against manual scavenging, it continues in parts of india largely due to. 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. The employment of manual scavengers and construction of.
Nc for safai karmacharis burning issues pdf download. But this act was not the first one to deal with manual scavenging. This act banned employment of people as manual scavengers. Jun 25, 2017 manual scavenging government claims to have assisted 91% of indias manual scavengers, without counting 93% of them india has 2. Be it enacted by parliament in the sixtythird year of the republic of india as follows. In 1993, india banned the employment of people as manual scavengers. 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 act no. Prohibition act, 1993 provides for the prohibition of employment of manual scavengers as well as construction or. Employing a person for manual scavenging in india is legally prohibited. The workers have to move the excreta, using brooms and tin. Manual scavenging is a term used mainly in india for the manual removal of untreated human excreta from bucket toilets or pit latrines by hand with buckets and shovels. The dignity and rights of manual scavengers in india ohrh. A new act and rules were adopted in 20 reinforcing this illegality.