The Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013
The Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013
Overview
The Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013 is a significant legislation enacted by the Indian Parliament aimed at eliminating the hazardous practice of manual scavenging and rehabilitating manual scavengers. The Act prohibits the employment of manual scavengers, mandates the identification and demolition of insanitary latrines, and provides for the rehabilitation of affected persons.
Background
Manual scavenging involves the manual cleaning, carrying, disposing, or handling of human excreta in insanitary latrines or septic tanks.
It is a dehumanizing and hazardous occupation, primarily involving marginalized and vulnerable sections of society, often Dalits.
Despite constitutional guarantees and earlier laws like the Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition) Act, 1993, manual scavenging persisted.
The 2013 Act was introduced to strengthen the legal framework to completely eradicate this practice and rehabilitate those involved.
Objectives of the Act
Complete prohibition of employment of manual scavengers and their use in hazardous cleaning.
Identification and abolition of insanitary latrines (dry latrines).
Provision for rehabilitation and social security of manual scavengers and their families.
Enforcing strict penalties and punishment for violations.
Establishment of monitoring mechanisms to ensure compliance.
Key Definitions (Section 2)
Manual scavenger: A person engaged in manually cleaning, carrying, disposing of human excreta from insanitary latrines, pits, sewers, etc.
Insanitary latrine: Dry latrines or latrines where human excreta are disposed of in a manner likely to expose human beings.
Rehabilitation: Process of improving the socio-economic condition of manual scavengers through alternative employment, housing, education, etc.
Important Provisions
1. Prohibition of Employment (Section 3)
Employment of manual scavengers for cleaning insanitary latrines or septic tanks is strictly prohibited.
No person shall employ or engage any manual scavenger for hazardous cleaning work.
2. Identification and Demolition of Insanitary Latrines (Sections 4 and 5)
Local authorities are required to identify insanitary latrines and create a time-bound plan for their demolition.
Insanitary latrines must be replaced by sanitary latrines or toilets.
3. Rehabilitation Measures (Sections 6 and 7)
Manual scavengers are entitled to rehabilitation schemes, including skill development, alternative employment, educational support, and financial aid.
The government must ensure that manual scavengers and their families are integrated into society with dignity.
4. Penalties and Punishment (Section 9)
Whoever employs a manual scavenger or constructs insanitary latrines shall be punished with imprisonment up to one year, or a fine up to ₹50,000, or both.
Repeat offenders may face imprisonment up to 3 years and fines up to ₹1,00,000.
5. Monitoring Committees (Sections 10 and 11)
Central and State Governments are mandated to set up monitoring committees to oversee implementation.
These committees will ensure enforcement and coordinate rehabilitation efforts.
Legal Significance and Social Impact
The Act represents a milestone in social justice and human dignity, addressing a deeply entrenched social evil.
It imposes a legal obligation on governments and local bodies to eradicate manual scavenging and insanitary latrines.
Provides a rights-based framework for manual scavengers to claim rehabilitation and protection.
The Act also reflects India’s commitment to international human rights standards, including the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) and ILO Conventions.
Important Case Law
1. Safai Karamchari Andolan v. Union of India (2013) (Supreme Court)
The Supreme Court directed the central and state governments to ensure strict implementation of laws prohibiting manual scavenging.
The Court emphasized the right to life and dignity under Article 21 of the Constitution for manual scavengers.
Ordered steps for immediate identification and rehabilitation of manual scavengers.
Held that manual scavenging is a violation of human rights and must be eradicated immediately.
2. Ashish Kothari v. Union of India (2014) (Supreme Court)
The Court directed the government to prepare an action plan for the demolition of insanitary latrines.
Recognized the failure of previous laws and highlighted the need for stricter enforcement of the 2013 Act.
3. National Campaign Committee for Eradication of Manual Scavenging v. Union of India (2016)
The Court criticized the lack of progress in rehabilitation and abolition of manual scavenging despite legislation.
Ordered governments to file periodic compliance reports.
Reiterated the constitutional obligation to protect manual scavengers.
Constitutional and Human Rights Perspective
Article 21: Right to life and personal dignity are violated by the practice of manual scavenging.
Article 17: The practice is a form of untouchability, which is abolished by the Constitution.
Directive Principles of State Policy: Article 46 directs the state to promote the welfare of Scheduled Castes and other weaker sections.
The Act aligns with these constitutional provisions by protecting vulnerable communities from exploitation.
Challenges in Implementation
Despite the legal prohibition, manual scavenging persists due to social stigma, poverty, and lack of alternative livelihoods.
Poor enforcement, lack of awareness, and inadequate rehabilitation schemes are significant hurdles.
The Act empowers monitoring but effective grassroots implementation remains a challenge.
Summary Table
| Aspect | Details |
|---|---|
| Act Name | The Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013 |
| Objective | Prohibit manual scavenging; rehabilitate manual scavengers |
| Key Provisions | Prohibition of employment; demolition of insanitary latrines; rehabilitation schemes; penalties |
| Penalties | Up to 3 years imprisonment and ₹1,00,000 fine for repeat offenders |
| Monitoring | Central and State monitoring committees mandated |
| Constitutional Basis | Articles 17, 21, 46 (Right to dignity, abolition of untouchability) |
| Judicial Oversight | Supreme Court mandates strict enforcement and rehabilitation |
Conclusion
The Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013 is a landmark legislation aimed at abolishing a degrading and hazardous practice that violates fundamental human rights. It imposes a duty on the state to not only prohibit the employment of manual scavengers but also to provide comprehensive rehabilitation and alternatives for a dignified life.
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