C k l guptac k l gupta outline of the presentation 1. Implementation of manual scavengers act 20 in tamil nadu. The prohibition of employment as manual scavengers and their rehabilitation act, 20 has not been a deterrent as manual scavengers continue to be employed due to the apathy of the general public. In another reply to a question by mp vishnu dayal ram, the minister told the lok sabha that 53,598 manual scavengers had been identified from december 6, 20 till june 30, 2019. The act does not address critical aspects of provisions like the rehabilitation of those who were liberated from manual scavenging before passing the law in 20.
The prohibition of employment as manual scavengers and their rehabilitation act and rule organisations under the division allocation for welfare of scheduled castes eutthaan. The responsibility to provide for such safety gear rests upon the employer. Jitendra rathod for beyondheadlines the prohibition of employment as manual scavengers and their rehabilitation act, 20 received assent of the president on 18th september 20 and published in the gazette of india on 19th september 20. Pdf the prohibition of employment as manual scavengers.
The government has taken cognizance of the fact that the inhuman practice of manual scavenging is still continuing in the country. Oct 12, 2018 manual scavenging remains a social reality despite a 20 act calling for its abolition. Therefore, ensuring protection for these families is crucial, wilson had observed. This has led to the coming up of biotoilets in trains for treating human excreta. While many blame bad implementation, the answer could be in the flawed act itself. Dec 19, 2019 the alarming frequency of deaths indicates that the provisions of the prohibition of employment as manual scavengers and their rehabilitation act, 20 pemsr act, 20 and the rules made. Sep 18, 2018 in 20, right after the prohibition act came into force, the government had recognised 12,742 manual scavengers in states, out of which 82 per cent were in uttar pradesh alone. Prohibition of employment as manual scavengers and their rehabilitation act, 20 ms act, 20 mandates survey of manual scavengers, if. Prohibition of manual scavengers and their rehabilitation act no.
The act of 20 under section 2g provides that in cases where protective gear is provided, the person employed to do the task would not be deemed as a manual scavenger, which is a flawed provision. 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. Home actsofparliamentfromtheyear the prohibition of employment as manual scavengers and their rehabilitation act, 20. Prohibition of employment as manual scavengers and their. The prohibition of employment as manual scavengers and their rehabilitation act, 20 ms act, 20 has been in force since december 20, making it illegal to employ manual scavengersafp file. 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. Prohibition of employment as manual scavengers and. Accordingly, the parliament passed the prohibition of employment as manual scavengers and their rehabilitation act, 20 ms act, 20. The bill has a wider scope and higher penalties than the 1993 act. Manual scavengers and their rehabilitation act, 20 secure ias.
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 recently enacted prohibition of employment as manual scavengers and their rehabilitation act, 20 gives a. Scavengers and their rehabilitation act came into effect in 20, 20 years after the employment of manual scavengers and construction of. Critical analysis of the prohibition of employment as. The act aims to eliminate the age old menace, by bringing in force an act that not only deals in prohibition of manual scavenging, elimination of insanitary latrines but also identification and rehabilitation of manual scavengers. The new act of 20 brought under the purview of manual scavenging the indian railways as well. Be it enacted by parliament in the sixtyfourth year of the republic of india as follows. The prohibition of employment as manual scavengers and their rehabilitation act 20 or m. A manual scavenger is a person who manually cleans or disposes of human excreta in an insanitary latrine. But despite swachh bharat, this figure shot up to 42,303 in 2018. Legislative brief the prohibition of employment as manual scavengers and their rehabilitation bill, 2012. The prohibition of employment as manual scavengers and their rehabilitation act came into effect in 20, 20 years after the employment of manual scavengers and construction of dry latrines prohibition act, 1993. The prohibition of employment as manual scavengers and their rehabilitation act, 20 according to the prohibition of employment as manual scavengers and their rehabilitation act, 20, it is an offence to. 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.
In 20, this was followed by the prohibition of employment as manual scavengers and their rehabilitation act, 20, which is wider in scope and importantly, acknowledged the urgency of rehabilitating manual scavengers. Death of manual scavengers is institutional murder. Home actsofparliamentfromtheyear the prohibition of employment as manual scavengers and their rehabilitation act, 20 the prohibition of employment as manual scavengers and their rehabilitation act, 20. Any contact between excreta and a labourer employed to unclog a drainage pipe or sewage treatment plant is prohibited by law and the occurrence of such a trespass or the nonprovision of safety gear or disinfectants to the labourer will lead to the prosecution of the contractor and the employer and rightly so. Review of data on survey and identification of manual. Act 20 government has passed the new legislation in september 20 and issued government notification for the same. The houselisting and housing census, 2011 reported that there are about 26 lakh insanitary latrines in the country.
The current laws had not proved adequate in eliminating the twin evils of insanitary latrines and manual scavenging. Salient features of the act the definition of manual scavenger has been widened to include a person engaged or employed for manual cleaning of human excreta in an. Government has passed the new legislation in september 20. The practice of manual scavenging was first criminalised in 1993 since then, it has been replaced by a new act in 20, which is wider in scope as it provides for rehabilitation and compensation, and imposes stricter penalties rehabilitation measures under sec. The parliament has enacted the prohibition of employment as manual scavengers and their rehabilitation act 20.
The prohibition of employment as manual scavengers and their. The employment of manual scavengers is prohibited as a criminal offence. The act also stipulates a jail term of up to one year with a fine of rs 50,000 who engages manual scavengers that would rise to up to two years and rs. Manual scavengers and their rehabilitation act, 20. The prohibition and employment of manual scavengers and their rehabilitation act, 20, disallows all kinds of employment that force individuals to engage with human excreta in any form manually. Rules regulations notifications orders circulars statutory ordinance. Assuming that one person can clean 10 toilets then there must be about 26000 manual scavengers in.
Manual scavenging is defined as the manual cleaning of latrines or the disposal of human excreta. Unlike the earlier act, formulated from a sanitation perspective, the new law emphasises restoring human dignity and the rights of manual scavengers. The act also stipulates a jail term of up to one year with a fine of rs 50,000 who engages manual scavengers that would rise to up to two years and rs one lakh for a repeat offender. As a result, the ministry of social justice and empowerment decided to survey manual scavengers in several phases to ensure the proper implementation of the prohibition of employment as manual scavengers and their rehabilitation act, 20. Manual scavenging and its various forms have become part of the indian sanitation sectors everyday affairs. In 20, right after the prohibition act came into force, the government had recognised 12,742 manual scavengers in states, out of which 82 per cent were in uttar pradesh alone. Under this, no person, local authority or agency should engage or employ people for hazardous cleaning of sewers and septic. India prohibition of manual scavengers and their rehabilitation act. Dec 23, 2019 in 1993, india banned the employment of people as manual scavengers. The according to latest act prohibition of employment as manual scavengers and their rehabilitation act 20 is a person engaged or employed at the commencement of this act or any time, thereafter by an individual or local authority or an agency or a contractor, for. The recently enacted prohibition of employment as manual scavengers and their rehabilitation act, 20 gives a detailed. Preamble the prohibition of employment as manual scavengers and their rehabilitation act, 20. It was hoped that the proposed law would make up for the failings of the existing law. Find details about the prohibition of employment as manual scavengers and their rehabilitation act, 20.
Liberated manual scavengers regularly face brutal atrocity and violence. Another cheat survey, in the name of manual scavengers. In 20, the employment of manual scavengers and construction of dry latrines prohibition act, 1993. Survey to identify manual scavengers in 18 states misses. Information related to sections of the act is given. Manual scavenging is regulated by the prohibition of employment as manual scavengers and their rehabilitation act, 20 which further reinforces the ban. Users can get information on the act, its objectives, short title, definition and commencement. Loopholes in the prohibition of employment as manual. Prohibition of employment as manual scavengers and their rehabilitation act, 20 ms act, 20 mandates survey of manual scavengers, if any municipality or panchayat has reason to believe that some persons are engaged in manual. The bill shall override the 1993 act and state laws on manual. Review of data on survey and identification of manual scavengers. It was realised that the deaths of these manual scavengers were not on the government list.
Though cases were registered by the police under the prohibition of employment as manual scavengers and their rehabilitation act of 20 owing to protests by the family of the deceased and. Employ people to clean sewers and septic tanks without protective gear. But the 2011 census showed that 740,078 households across the country were still dependent on the manual scavengers for cleaning their latrines. An act to provide for the prohibition of employment as manual scavengers, rehabilitation of manual scavengers.
As a result, the act gave importance to public sanitation and placed only marginal emphasis on the. Aug 14, 2015 the houselisting and housing census, 2011 reported that there are about 26 lakh insanitary latrines in the country. The act prohibits construction of insanitary latrines and employment of a manual scavenger. Review of prohibition of employment as manual scavengers and. National survey of manual scavengers workshop for nodal. The employment of manual scavengers and construction of dry latrines prohibition act, 1993 was amended in 20 to form the prohibition of employment as manual scavengers and their rehabilitation act. Mar 25, 2017 though cases were registered by the police under the prohibition of employment as manual scavengers and their rehabilitation act of 20 owing to protests by the family of the deceased and. When the prohibition of employment as manual scavengers and their rehabilitation act, 20 came into being, the ngo change india collated media archives of manual scavengers deaths. Oct 09, 2018 while many blame bad implementation, the answer could be in the flawed act itself. In 20, prohibition of employment as manual scavengers and their rehabilitation bill, to ban manual scavenging and rehabilitate those who were forced to do it, was introduced. Prohibition of employment as manual scavengers and their rehabilitation act, 20 pdf file chapter i prelimininary 1. Manual scavenging is a castebased and hereditary occupation for dalits untouchables, which is predominantly linked with forced labour or slavery.
The prohibition of employment as manual scavengers and their rehabilitation bill, 20 a bill to provide for the prohibition of employment as manual scavengers, rehabilitation of manual scavengers and their families, and for matters connected therewith or incidental thereto. Manual scavenging in india reasons and responses upsc. In 20, the prohibition of employment as manual scavengers and their rehabilitation act came in to force, which was touted to be reformed than the employment of manual scavengers and. Pdf the prohibition of employment as manual scavengers and. The prohibition of employment as manual scavengers and their rehabilitation act, 20 focus the prohibition of employment as manual scavengers and their rehabilitation act came into effect in 20, 20 years after the employment of manual scavengers and construction of dry latrines prohibition act, 1993. The prohibition of employment as manual scavengers and their rehabilitation pemsr act came into force in 20. The bill was eventually passed by both houses of parliament on september 7, 20, as the prohibition of employment as manual scavengers and their rehabilitation act, 20. Org prohibition of employment as manual scavengers and their rehabilitation rules, 20 subject created date. The manual scavengers and construction of dry latrines prohibition act enacted in 1993 by the government of india prohibits manual scavenging in the country. Employ people as manual scavengers to clean insanitary latrines. In 20, landmark new legislation in the form of the manual scavengers act was passed which seeks to reinforce this ban by prohibiting manual scavenging in all forms and ensures the rehabilitation of manual scavengers to be identified through a mandatory survey. Org prohibition of employment as manual scavengers and their rehabilitation rules, 20. The work is being regarded as a castebased, dehumanizing practice.
Org prohibition of employment as manual scavengers. Prohibition of employment as manual scavengers and their rehabilitation act, 20, complete act bare act. Death of manual scavengers is institutional murder the. The law prohibits employing manual scavengers, manual cleaning of sewers and septic tanks without protective equipment and construction of insanitary latrines. George abstract this article seeks to investigate into the implementation process of the prohibition of employment as manual scavenger and their rehabilitation act, 20 in tamil nadu through a micro study conducted in.
The prohibition of employment as manual scavengers and their rehabilitation act, 20 under the act, anyone employing a manual scavenger or constructing an insanitary latrine, he shall be punished with imprisonment up to one year or a fine of up to rs. Survey of manual scavengers identified,600 mo drinking water and sanitation dws. In 1993, india banned the employment of people as manual scavengers. It was felt by the dalit movement and like minded people that if the act is enacted, it would eradicate the most. The prohibition of employment as manual scavengers and. According to the government of india, there are 54, manual scavengers across states post 20.
Manual scavengers usually use hand tools such as buckets, brooms and shovels. The prohibition of employment as manual scavengers and their rehabilitation act, 20 has not been a deterrent as manual scavengers continue to. It will come into force on such date as may be decided by the govt by notification. The bill prohibits the employment of manual scavengers, the manual. The prohibition of employment as manual scavengers. The prohibition of employment as manual scavengers and their rehabilitation act, 20 7 cont 8.
The prohibition of employment as manual scavengers and their rehabilitation act, 20. How swachh bharat mission failed indias manual scavengers number of manual scavengers in india had come down from nearly 8 lakh in 2003 to about,000 in 20. It provided for imprisonment of upto a year and a fine. The employment of manual scavengers and construction of dry latrines prohibition act was enacted in 1993. Prohibition of employment as manual scavengers act 20. The law has come into force on dec 6th 20 in whole of country, except.
835 108 1289 1276 430 156 44 647 368 1131 611 1343 1212 1065 1315 730 1131 1434 242 9 996 1041 355 271 809 1511 1002 1123 17 1104 572 172 861 800 775 1342 288 913 1403 1235 257 849 5 35 160 437 428 494 949