RESEARCH PAPER ON:

MANUAL
SCAVENGING ACT

Submitted By:
Paras Joshi
05216503813
Hemant Dilghor
04716503811
Section-A, BA LLB
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INTRODUCTION
Manual scavenging refers to the practice of manually cleaning, carrying, disposing or
handling in any manner, human excreta from dry latrines and sewers. It often involves
using the most basic of tools such as buckets, brooms and baskets. Due to the nature
of the job, many of the workers have related health problems. 1 It also involves the
removal of raw human excreta using brooms and tin plates, and usually no personal
protective equipment by the workers (called "scavengers") doing the job. The excreta
are piled into baskets which the workers may carry on their heads to locations
sometimes several kilometers from the latrines. 2
Manual Scavengers are usually self-employed or contract employees. Self-employed
means a person who scavenges a group of households dry latrines or drains etc. in a
particular ward, for payment in cash and/or in kind, by the house-owners. Contract
employees would normally be those who are hired through contractors, by a municipal
body or any other organization or a group of house-owners, to scavenge individual or
community dry latrines and open drains where night soil is disposed.
The dehumanising practice of manual scavenging is closely interlinked with
untouchability. It is well known that this work is socially assigned and imposed upon
certain untouchable castes of India. Manual scavenging is rooted in caste and with very
few exceptions, all the manual scavengers are from the
Scheduled Castes. Even amidst schedule castes, manual scavengers occupy the
lowest rung which further excludes them as untouchables among the untouchables.
Manual scavenging is thus a caste based occupation, with a large majority of them
being women. The continuance of manual scavenging constitutes a gross violation of
human rights and the worth of the human person and flies in the face of the
Constitutional guarantee assured, in its very Preamble, of a life with dignity for every
individual in the country.
The Indian Constitution recognized abolition of Untouchability and its practice in any
form is forbidden and punishable in accordance with law. Article 17 of the constitution
of India talks about the abolition of untouchability. It reads as:
Untouchability is abolished and its practice in any form is forbidden. The enforcement
of any disability arising out of Untouchability shall be an offence punishable in
accordance with law.

1"Cleaning Human W aste: "manual scavenging", Caste and Discimination in India" Human Rights Watch. 2014
2"Human rights and manual scavenging" Know Your Rights Series. National Human Rights Commission.

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State Led Initiatives for Eradication/Curtailment of

Manual Scavenging
The first legislative initiative in terms of curtailing the practice of manual scavenging was
through incorporation of Section 7A in the Protection of Civil Rights Act 1955 in
1976 which provided that whoever compelled any person on the ground of
untouchability to do any scavenging should be deemed to have enforced a disability
arising out of untouchability and thus punishable with imprisonment.
However, it was only four decades after the commencement of the Constitution that
manual scavenging was specifically prohibited under the Employment of Manual
Scavengers and Construction of Dry Latrines (Prohibition) Act which was passed
by Parliament in May 1993 after obtaining resolutions from the State Legislatures of
Andhra Pradesh, Goa, Karnataka, Maharashtra, Tripura and West Bengal under Article
252(1) of the Constitution.
In addition to the above, other legislations, in favour of the interest of the Scheduled
castes and the Scheduled tribes are as follows:

The Scheduled Castes and Scheduled Tribes (Prevention of

Atrocities) Act, 1989:
The main aim of this act is effective action for prevention of atrocities against these
Castes / Tribes. The punishment for the accused is very much specified and clarified
under the act.

Total Sanitation Campaign (TSC):

The Total Sanitation Campaign is a comprehensive demand driven and people centred
programme to ensure sanitation facilities in rural areas with broader goal to eradicate
the practice of open defecation. It follows a principle of low to no subsidy where a
nominal subsidy in the form of incentive is given to rural poor households for
construction of toilets. The key intervention areas are Individual Household Latrines
(IHHL), School Sanitation and Hygiene Education (SSHE), Community Sanitary
Complex, Anganwadi toilets supported by Rural Sanitary Marts and Production
Centres. In order to lend vigour to TSC, the Government of India, since 2003, has
initiated an incentive scheme for fully sanitized and open defecation free Gram
Panchayats, Blocks, and Districts called the Nirmal Gram Puraskar. The incentive
provision is for Panchayati Raj Institutions (PRIs) as well as individuals and
organizations that are the driving forces for full sanitation coverage.
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Integrated Low Cost Sanitation Scheme (ILCS):

In order to eliminate the dehumanizing practice of physically carrying night soil, the
Centrally Sponsored Scheme for Urban Low Cost Sanitation was initiated in 1981 by the
Ministry of Home Affairs and later implemented through the Ministry of Social
Justice and Empowerment. The scheme envisages conversion of dry latrines into low
cost twin pit sanitary latrines and liberation of scavengers through total elimination of
manual scavenging. The scheme has been taken up on a whole town basis and is
being operated through the Housing and Urban Development Corporation (HUDCO) by
providing a mix of subsidy from the Central Government and loan from the HUDCO in a
synchronized manner.

Pay and Use Toilet Scheme:

Under Pay and Use Toilet Scheme, Central assistance through Housing and Urban
Development Corporation (HUDCO) was available to Urban Local Bodies (ULBs) for
construction of toilets for footpath and slum dwellers who were unable to construct their
own toilets. The period of the project was one year and the subsidy was payable in four
equal installments on submission of utilization certificates of each instalment.

Pre-matric Scholarships for the Children of those Engaged in Unclean

Occupations:
The objective of this scheme is to provide financial assistance to enable the children of
scavengers of dry latrines, tanners, flayers and sweepers who have traditional links with
scavenging to pursue pre-matric education.
Under the scheme, the States / UTs are provided 100% Central assistance over and
above their respective committed liabilities to implement this scheme. The scheme
covers over 6 lakh students every year.

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National Scheme of Liberation and Rehabilitation of Scavengers

(NSLRS):
The National Scheme of Liberation and Rehabilitation of Scavengers (NSLRS) was
launched by the Government in March, 1992 to provide alternate employment to the
scavengers and their dependents. Under the NSLRS the scavengers and their
dependents are trained in trades of their aptitude which can provide them alternate
employment. During the course of training, the trainees get stipend up to Rs.500/- per
month and a tool kit allowance up to Rs.2,000/-. For rehabilitation, there is a prescribed
financial package for different trades by which financial assistance up to Rs.50,000/can be provided. Under NSLRS, the Government of India has formulated and issued
guidelines to all States and their Special Central Assistance (SCAs)
to form groups of 5 to 25 scavengers and start a production-cum-trading-cum service
centre for largescale conversion of dry latrines through Sanitary Marts in which the loan
component would be provided by the National Safai Karamcharis Finance and
Development Corporation (NSKFDC).

National Safai Karamcharis Finance and Development Corporation

(NSKFDC):
National Safai Karamcharis Finance and Development Corporation (NSKFDC) was
incorporated on 24 January, 1997 under Section 25 of the Companies Act, 1956, as an
Apex Institution for all round socio-economic upliftment of the Safai Karamcharis and
their dependents throughout India and to extend concessional financial assistance to
the Safai Karamcharis beneficiaries for establishment of income generating projects.
NSKFDC provides loans to the Safai Karamcharis and their dependents through the
state channelising Agencies. The target groups of the Corporation are Scavengers
and their dependents and Safai Karamcharis.3

Website of Safai Karmachari Andolan: www.safaikarmachariandolan.org

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Assistance to State Scheduled Castes Development Corporations

(SCDCs):
The scheme for assistance to State Scheduled Castes Development Corporations was
introduced in the year 1978-79 as a Centrally Sponsored Scheme in the States/UTs
having sizeable Scheduled Castes population. At present, SCDCs are functioning in 26
States and UTs. They have been acting as promoters and catalysts for generating credit
from financial institutions, providing missing inputs by way of margin money loans and
subsidy to the target groups.

Self-Employment Scheme for Rehabilitation of Manual Scavengers

(SRMS):
Introduced from January 2007 by the Ministry of Social Justice and Empowerment, the
objective of SRMS is to rehabilitate remaining Manual Scavengers and their dependents
out of the total of 7,70,338 identified by the Ministry. As 4,27,870 manual scavengers
already stood assisted under NSLRS, this scheme is specifically directed at the
rehabilitation of the remaining 3,42,468 in a time bound manner. Under this scheme, the
identified manual scavengers and their dependents are provided capital subsidy up to
Rs. 20,000 and concessional loan for undertaking self-employment ventures.
Beneficiaries are also provided training for skill development for a period up to one year,
during which a stipend of Rs. 1000 per month is also provided. Credit is to be provided
by the banks, which will charge interest from the beneficiaries at the rates prescribed
under the scheme. Both, term loan (upto a maximum cost of Rs. 5 lakhs) and micro
financing (upto a maximum of Rs. 25,000) is admissible under the scheme. Micro
financing will also be done through self-help groups (SHGs) and reputed NonGovernmental Organisations(NGOs).
Beneficiaries are allowed to avail second and subsequent loan from banks if required,
without capital subsidy and interest subsidy and other grants under the scheme.
The scheme is implemented at the national level through the NSKFDC or other
identified agencies for this purpose. At the State level, the implementing agencies will
be the state channelising agencies identified for the purpose, which may include
government agencies and reputed non-governmental organisations. Such agencies are
also responsible for providing interest subsidy to the banks.

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Employment of Manual Scavengers and Construction of Dry

Latrines (Prohibition) Act, 1993:
Keeping article 17 of the Indian Constitution in mind, the government of India had taken
an initiative in the form of the Employment of Manual Scavengers and Construction of
Dry Latrines (Prohibition) Act, 1993.
The objective of this act was to prohibit the employment of persons (Dalits) as Manual
Scavenger and to further prohibit the construction or maintenance of dry or insanitary
latrines.4 But, this act had seen little or no implementation, and furthermore, not a single
conviction.5 It remained ineffective, and was not able to prohibit such practices.

The Prohibition of Employment as Manual Scavengers and

their Rehabilitation Act, 2013 (Manual Scavenger Act, 2013)
Due to the failure of the act of 1993 and to take a more comprehensive approach
towards the issue and a stricter execution of the act, a new bill was drafted in 2012.
The bill was eventually passed by both houses of Parliament on September 7, 2013 as
The Prohibition of Employment as Manual Scavengers and their Rehabilitation Act,
2013
The key features, as introduced by this act, can be summarized as:6
1) The definition of manual scavenger is widely explain under section 2 (g) of
the act. It reads as:
manual scavenger 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.

4 The Employment Of Manual Scavengers and Construction of Dry Latrines (Prohibition) Act, 1993. Ministry of
Housing and Urban Poverty Alleviation, Govt. of India.
5 "Get serious". The Hindu (Chennai, India). September 13, 2013.
6 Legislature on Eradication of Manual Scavenging". Press Information Bureau. 26 July 2014

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So, it covers those person or community who are engaged for manual cleaning,
carrying, and disposing of human excreta in an insanitary latrine or in an open
drain or pit or on a railway track. Apart from this, person involve in cleaning septic
tank or sewer without wearing protective equipment are considered as Manual
Scavenger. 7
2) Local government bodies (Municipality, Panchayat, cantonment board or
railway authority) shall prohibit the construction or maintenance of insanitary
latrine and convert existing insanitary latrine to sanitary in their concerned
jurisdiction. These bodies should also identify persons who are engaged in
these practices.
3) Prohibits the engagement or employment of any one as a manual scavenger.
4) Prohibition from employing a person for hazardous manual cleaning of septic
tanks and sewers without wearing protective equipment.
5) The identified manual scavenger shall be rehabilitated. The concerned
government shall allot them residential plot, one-time cash assistance and
conduct training and skill development programme.
6)

Offences under the Act are cognizable and non-bailable and may be tried
summarily. The penalty could be up to five years imprisonment.8

Monitoring Committees shall be constituted at the Sub-division, District, State

and Central levels. The committee shall advise the appropriate government
and local authorities on effective implementation of law.9
8) State Government shall constitute a vigilance commission to advise District
Magistrate on the implementation of law.
7)

9)

The National Commission for Safai Karmachari (a Statutory body) shall

monitor the implementation of this Act, inquire into complaints of
contravention of the Act and advice the Central and State government on
effective implementation of the Act.10

7section 2 (g) of The Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013
8Available at: Breaking Free: Rehabilitation Manual Scavengers http://in.one.un.org/page/breaking -freerehabilitatingmanual- scavengers
9http://www.lawyerscollective.org/wp-content/uploads/2013/09/Report-on-new-MS-Act.pdf
10
http://www.prsindia.org/uploads/media/Manual%20Scavengers/Bill%20Summary%20%20Prohibition%2 of
%20Employment%20as%20Manual%20Scavengers%20Bill,%202012.pdf

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CHALLENGES FACED BY THE ACT OF 2013:

There remain several challenges in implementing the legislation to ensure that manual
scavengers can work and live with dignity. These include:
Time frame within which land is to be allotted as part of the rehabilitation
package for former manual scavengers as provided for in the 2013 Act
Correct and timely identification of insanitary latrines and manual scavengers
Implementation of provision regarding prohibiting hazardous cleaning of
sewers and septic tanks
While the Act is encouraging in that it focuses on the responsibility of officials to
ensure its implementation, it does not outline administrative measures beyond
conduct rules that can be imposed if officials do not implement the Act

COMPARISION OF THE ACT OF 2013 WITH THE ACTOF 2011

AND STATE ACTS
The 2013 Act improves upon the preceding acts in terms of providing for the following:
Prohibiting the cleaning of sewers or septic tanks without protective gear.
Prohibiting insanitary latrines in comparison to the Act, which prohibited dry
latrines.
A survey of manual scavengers and insanitary latrines, and conversion of
insanitary latrines.
Provisions for the rehabilitation of manual scavengers.
Offences under the 1993 Act were cognizable, now they shall be non-bailable
as well. The penalty for offences have been increased from a year of
imprisonment and fine up to Rs 2,000 to up to a maximum penalty of five years
of imprisonment and/or a fine up to Rs five lakh.
Extending its application to railways and cantonment boards.

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DEVELOPMENT
Despite progress, manual scavenging persists in India. According to the India
Census 2011, there are more than 2.6 million dry latrines in the country. There
are 13,14,652 toilets where human excreta is flushed in open drains, 7,94,390
dry latrines where the human excreta is cleaned manually. Seventy three
percent of these are in rural areas and 27 percent are in urban areas.
According to the House Listing and Housing Census 2011, states such as
Andhra Pradesh, Assam, Jammu and Kashmir, Maharashtra, Tamil Nadu, Uttar
Pradesh and West Bengal account for more than 72 percent of the insanitary
latrines in India. The biggest violator of this law in India is the Indian Railways where
many train carriages have toilets dropping the excreta from trains on the tracks and who
employ scavengers to clean the tracks manually.11

The Government of India has adopted a two-pronged strategy of eliminating

insanitary latrines through demolition and conversion into sanitary latrines, and
developing a comprehensive rehabilitation package for manual scavengers
through a survey.
However, while manual scavenging for many may have ended as a form of
employment, the stigma and discrimination associated with it lingers on, making
it difficult for former or liberated manual scavengers to secure alternate
livelihoods and raising the fear that people could once again return to manual
scavenging in the absence of other opportunities to support their families.
Correctly identifying manual scavengers remains a key challenge. A
comprehensive rehabilitation package has recently been put together that
includes livelihoods and skill development, access to education for children of
former manual scavengers and alternate livelihoods.

CONCLUSION:
NEED FOR A COMPREHENSIVE REHABILITATION PACKAGE
The challenge of rehabilitation is urgent, and requires a comprehensive approach that
moves beyond expanding income generation or providing loans, to focus on various
aspects crucial to secure the future of the next generation of liberated manual
scavengers.
A
comprehensive
rehabilitation
package
could
:

11

Manual Scavengers: Indian Railways in denial". OneWorld South Asia. 25 February

2013.

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ge

 Ensure discrimination-free, secure and alternate livelihoods by providing

skill development and livelihoods training to women, linking them to
government employment schemes and entitlements as well as ensuring
their land rights. Vocational training linked to employment for young
people, and support to liberated manual scavengers in building alternate
livelihoods could go a long way in ensuring steady, stable livelihoods for
the future.
Create a favourable environment through community awareness and
sensitization of local administration.
Build the capacity of the community to promote rehabilitation efforts and
self- reliance and also build leadership in the community with a particular
focus on Dalit women

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