Manual Scavenging in India : Issues & Challenges

Assistant Professor of LawAssistant Professor of Law

KALPESHKUMAR L GUPTAKALPESHKUMAR L GUPTA

State Level Seminar on State Level Seminar on Law & Society in 21Law & Society in 21stst CenturyCenturyMay 31, 2015May 31, 2015 1

(C) K L GUPTA(C) K L GUPTA

Outline of the presentation

1.Introduction2.Research Methodology3.Law on Manual Scavenging

in India4.Recent Scenario of Manual

Scavenging in India5.Concluding Remarks6.Q & A

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Manual scavenging is the worst surviving symbol of untouchability.

- National Advisory Council resolution, October 23, 2010

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Introduction :-

Manual Scavenging & Constitution of India

Article 14 - Right to Equality

Article 17 – Untouchability

Article 21 - Right to Life & Liberty

Article 46 - Promotion of educational and economic interests of Scheduled Castes, Scheduled Tribes and other weaker sections

Article 47 - Duty of the State to raise the level of nutrition and the standard of living and to improve public health

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Introduction :-

Statistics on Manual Scavenging

-Around 1.3 million manual scavengers in India

-95% are women.

-Around 10 billion dry latrines being cleaned manually.

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Cont…


Introduction :-

Previous Laws on Manual Scavengers

-Employment of Manual Scavengers and Constructions of Dry latrines (Prohibition) Act, 1993

-National Commission for Safai Karamcharis Act, 1993

-Finally new law..

The Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013

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Research Methodology

Present research work is based upon secondary data in

form of articles, news clippings, judicial decisions,

documentaries on the life of manual scavengers in India.

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Manual Scavengers defined

…means a person engaged or employed, at the commencement of this Act or at any time thereafter, by an individual or a local authority or an agency or a contractor,

……for manually cleaning, carrying, disposing of, or otherwise handling in any manner, human excreta in an insanitary latrine or in an open drain or pit into which the human excreta from the insanitary latrines is disposed of, or on a railway track or in such other spaces or premises, as the Central Government or a State Government may notify, before the excreta fully decomposes in such manner as may be prescribed, and the expression “manual scavenging” shall be construed accordingly.

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Prohibition on Manual Scavengers

- No person, local authority or any agency shall construct an insanitary latrines or employ or engage manual scavengers (Section 5). For contravention upto 1 year Imprisonment or with fine upto 50,000 or both (Section 8).

- Not engage a person for hazardous cleaning of a sewer or a septic tank. For contravention upto 2 year Imprisonment or with fine upto 2 Lakh or both (Section 9).

- Complaint within 3 months of the alleged commission of the offence (Section 10)

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Manual Scavengers & their Rehabilitation

- Every municipality, Panchayat shall prepare list of manual

scavengers. They will be given ID card having details of

family members, dependents.

- Children will be entitled for scholarship.

- Allotment of residential plot and financial assistance for

house construction or ready made house.

- He or his one of family member will be given skill training

and minimum Rs. 3000 will be given as stipend.

- He or at least one adult member of his family shall be

given subsidy and concessional loan for taking up an

alternative occupation.

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Authorities for rehabilitation & trial of cases

- The District Magistrate of the district shall be responsible

for rehabilitation of each manual scavengers.

- All offences will be tried by Executive Magistrate u/s 21 of

the Act.

- Vigilance Committee for each district headed by District

Magistrate to advise District Magistrate/Sub-DM on the

actions which need to be taken to oversee the economic

and social rehabilitation of manual scavengers, to monitor

registration of offences under the act and their

investigation and prosecution (Section 25).

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Monitoring Committee

- Every state govt. shall constitute State Monitoring

Committee which will monitor and advise the state govt.

and local authorities for effective implementation of act

(Section 26, 27)

- Central Govt. will also Central Monitoring Committee

which will advise central & state govt. (Section 30).

- National Commission for Safai Karamcharis will monitor

the implementation of this act and advise central & state

govt. for effective implementation of the act and to take

suo-moto notice of matter relating to non-implementation

of the act (Section 31).15


Implementing Authorities16






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Recent Scenario of Manual Scavenging

- Safai Karamchari Andolan v/s. Union of India (Writ

petition filed in 2003 decided on March 27, 2014) for

implementation of laws on manual scavenging.

- National Commission of Safai Karamchari reported that

act not being implemented.

- CAG reported that National Scheme for Liberalization and

Rehabilitation of Scavengers and their dependents

(Started in 1992) has failed to achieve its objectives

involving investment more than Rs. 600 crore even after

ten years of implementation. Money was unspent &

underutilized.18


Recent Scenario of Manual Scavenging

The High Court of Gujarat disposed of a suo-motu public interest litigation (PIL) with regard to manual scavenging after directing the state government to strictly implement the law and take "all necessary steps" to abolish the practice. The bench also directed the government to strictly implement the law to abolish the practice (The New Indian Express).

As per Union Minister of Social Justice “only few states furnishing information on manual scavenging” (Zee News).

Madras HC directed state govt. to implement the act in response of PIL. District level vigilance committee and state level monitoring committee to be constituted (The Hindu).

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Conclusion

- Manual Scavenging still prevalent in India.

- Central & State Govt. have failed to implement the

law on manual scavenging.

- SC & Various HC directing states to implement the

law.

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Recommendation

- Need high-tech equipments.

- Funds for rehabilitation of manual scavengers.

- Sanitation facilities for citizens.

- Robust strategy for implementing the law of manual scavengers.

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Limitations of the study & Future Scope of study

- Present study is based on secondary data which is the

main limitation of the present research.

- Present study can be carried forward by doing field

survey and collecting primary data which will help in

arriving proper findings

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Richard Abraham (2015), “HC directs strict implementation of law on manual scavenging”, New Indian Express, February 10, 2015. Social Inclusion of Manual Scavengers, Report of National Round Table Discussion, New Delhi, December 21, 2012. Cleaning Human Waste, Manual Scavenging, Caste and Discrimination in India report prepared by Human Rights Watch, 2014. Constitution of India The Employment of Manual Scavengers and Constructions of Dry Latrines (Prohibition) Act, 1993 The Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013 National Commission for Safai Karamcharis Act, 1993 The Hindu Zee News Sewer men of Mumbai, https://www.youtube.com/watch?v=tWBCsn6pQWc Manual Scavenging, https://www.youtube.com/watch?v=gWuPn4FkIZ4

References :-

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Kalpeshkumar L [email protected] 28

Manual Scavenging in India : Issues & Challenges

Law

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