Normes legislation online india code, legislative department, national informatics centre, ministry of communication and information technology, india pdf of act doc. 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. The prohibition of employment as manual scavengers and rehabilitation act, 20 no. It was felt by the dalit movement and like minded people that if the act is enacted, it would eradicate the most. Explore manual scavengers act profile at times of india for photos, videos and latest news of manual scavengers act. 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. Prohibition of employment as manual scavengers act 20.
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. Manual scavenging is defined as the manual cleaning of latrines or the disposal of human excreta. Implementation of manual scavengers act 20 in tamil. Wherever there is a conflict between the laws, 20 law will prevail. There could be an argument for parliaments jurisdiction to enact this bill as this regulates conditions of work, and is thus a concurrent list item. Find details about the prohibition of employment as manual scavengers and their rehabilitation act, 20.
Org prohibition of employment as manual scavengers. Sep 17, 2018 the workers in delhi were apparently asked to perform the task in violation of section 7 of the prohibition of employment as manual scavengers and their rehabilitation act, 20. Implementation of manual scavengers act 20 in tamil nadu. In exercise of the powers conferred by subsections 1 and 2 of section 36 read with clause a of subsection 1 of section 37 of the prohibition of employment as manual scavengers and their rehabilitation act, 20 25 of 20, the central government hereby. 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. An act to provide for the prohibition of employment as manual scavengers, rehabilitation of manual scavengers. Rehabilitation act, 20 hereinafter the pemsr act, 20 defines manual. Pdf the prohibition of employment as manual scavengers. The prohibition of employment as manual scavengers and their rehabilitation act, 20. Unlike the earlier act, formulated from a sanitation perspective, the new law emphasises restoring human dignity and the rights of manual scavengers. The 20 act also recognized a constitutional obligation to correct the historical injustice and indignity suffered by these communities by providing alternate livelihood.
But it was only in 20 that the amended prohibition of employment as manual scavengers and their rehabilitation act recognised the more hazardous forms of the practice, including the work of sewer and septic tank cleaners. Prohibition of employment as manual scavengers and their rehabilitation act 20 came into force on 6 december 20 across india except jammu and kashmir. Users can get information on the act, its objectives, short title, definition and commencement. Clearly, the authorities seem utterly confused when it comes to defining manual scavenging.
The following act of parliament received the assent of the president on the 18th september, 20, and is hereby published for general information. The employment of manual scavengers and construction of dry latrines prohibition act, 1993. Prohibition of employment as manual scavengers and. 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. It will come into force on such date as may be decided by the govt by notification. Notably, under the 20 act, rehabilitation provisions are left to be implemented under existing central and state government schemes the same set of programs that have not thus far succeeded in ending manual scavenging. The manual scavengers and construction of dry latrines prohibition act enacted in 1993 by the government of india prohibits manual scavenging in the country. Dec 06, 20 prohibition of employment as manual scavengers and their rehabilitation act 20 came into force on 6 december 20 across india except jammu and kashmir. Ministry of social justice and empowerment department of social justice and empowerment g. 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. It has been officially prohibited by law in 1993 due to it being regarded as a caste based, dehumanizing practice if not done in a safe manner. The act prohibits construction of insanitary latrines and employment of a manual scavenger.
Information related to sections of the act is given. Prohibition of manual scavengers and their rehabilitation act no. Salient features of the act the prohibition of employment as manual scavengers and their rehabilitation act, 20 defines manual scavenging very clearly for the benefit of easy operationalization. The earlier act, 1993 faced many problems only in operationalization. Manual scavengers and their rehabilitation act, 20. Rehabilitation act, 20 25 of20, the central government hereby makes the following rules, namely. This act intends to, inter alia, achieve its objectives to. After 25 years of broken promises, india is counting its manual scavengers. The act seeks to reinforce this ban by prohibiting manual scavenging in all forms and ensures the rehabilitation of manual. A new act and rules were adopted in 20 reinforcing this illegality. Stringent antimanual scavenging bill passed the hindu. 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. Manual scavenging, caste, and discrimination in india hrw.
Manual scavengers usually use hand tools such as buckets, brooms and shovels. The act prohibits manual scavenging and the manual cleaning of sewers and septic. Org prohibition of employment as manual scavengers and their rehabilitation rules, 20 subject created date. 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 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. 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. Manual scavenging international dalit solidarity network. It was hoped that the proposed law would make up for the failings of the existing law. The existing law prohibiting manual scavenging was enacted under the state list. Employing a person for manual scavenging in india is legally prohibited. In 20, the employment of manual scavengers and construction of dry latrines prohibition act, 1993. In 20, the indian parliament enacted the prohibition of employment as manual scavengers and their rehabilitation act the 20 act outlawing all manual excrement cleaning.
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 ms act 20 prohibits manual scavenging and states that no person or agency can employ manual scavenger. Publication of final consolidated list of the manual scavengers in the district. By keeping above objectives in view, this study begins with the introduction of labour welfare, meaning and problem of manual scavenging, evaluation of antimanual efforts of the government and reasons for failures of.
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. Jun, 2016 stringent anti manual scavenging bill passed pti new delhi. Pdf the prohibition of employment as manual scavengers and. The prohibition of employment as manual scavengers and their rehabilitation act 20. Prohibition of employment as manual scavengers and their rehabilitation act,20 pdf file chapter i prelimininary 1. At the same time, social security schemes were extended to make sure that former manual scavengers will be. Critical analysis of the prohibition of employment as manual. The prohibition of employment as manual scavengers and their. Aug 25, 2014 the 20 act outlaws all forms of manual scavenging, beyond just dry latrines, prescribes penalties for those who perpetuate the practice, protects those who actually engage in it, and obligates. Manual scavenging act and municipal waste water workers in india policy and practice pgdel, national law school of india university 3 declaration i, n.
After 25 years of broken promises, india is counting its. The prohibition of employment as manual scavengers and. India prohibition of manual scavengers and their rehabilitation act. The prohibition of employment of manual scavengers and rehabilitation act 20 defines a manual scavenger as an individual employed by a local authority or agency for manually cleaning, carrying, and disposing human excreta from insanitary latrines.
The 20 prohibition of manual scavenging act 20 is an important step in ending manual scavenging says asif shaikh from jan sahas, but much more needs to be done to ensure timebound and comprehensive rehabilitation of women and vulnerable communities that are trying to break free from manual scavenging. Prohibition of employment as manual scavengers and their. Local authorities should demolish existing insanitary latrines household or public that require manual cleaning and it shall be illegal to construct any such latrines after this law. In 20, this was followed by the prohibition of employment as manual scavengers and their rehabilitation act, 20, which is wider in scope and importance, acknowledging the urgency of rehabilitating manual scavengers. The work is being regarded as a castebased, dehumanizing practice. Printed separately, 20 pdf of bill pdf of bill doc. The prohibition of employment as manual scavengers and their rehabilitation act, 20 received assent of the president on 18 th september 20 and published in the gazette of india on 19 th september 20 it was felt by the dalit movement and like minded people that if the act is enacted, it would eradicate the most inhumane practice of. An act 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.
879 554 1170 900 355 534 466 818 896 1113 571 957 1446 103 1389 1148 1338 1296 547 388 380 350 900 351 636 839 470 526 695 976 383 326 31 949 818 920 921 1314 1030 824 133 1433 1215 448 1403 648 116 75 1033