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85 - The Prohibition of Employment As Manual Scavengers and Their Rehabilitation Act - Neha Pudil Project

Research project on the prohibition of employment as manual scavengers and their rehabilitation act

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0% found this document useful (0 votes)
32 views13 pages

85 - The Prohibition of Employment As Manual Scavengers and Their Rehabilitation Act - Neha Pudil Project

Research project on the prohibition of employment as manual scavengers and their rehabilitation act

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nehapudil03
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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THE PROHIBITION OF EMPLOYMENT AS MANUAL SCAVENGERS AND THEIR

REHABILITATION ACT

Social context of Manual scavengers

Any individual who has been paid and abused to manually clean, dispose of, or convey
human waste from a railroad track, unhygienic restroom, open drain, or pit is referred to as a
manual scavenger, and the activity is known as manual scavenging. The majority of those
who carry out this activity are Dalits or Untouchables, members of lower caste societies. It
poses a serious threat to their lives and takes advantage of the socially excluded. Because
those involved are seen as untouchables and rejected by society, it is also a violation of their
right to equality. They are prohibited from entering temples, drinking from the same well,
and a host of other activities. Manual scavenging has been a concern from the time before
independence. They aren't even given safety equipment, which results in several fatalities
each year and violates their human rights. Since appropriate sanitation is one of humanity's
basic needs, along with food, clothes, and shelter, the evil of manual scavenging is directly
tied to the absence of sanitary services. Diarrhoea, dysentery, and other water-borne illnesses
are caused by unsanitary circumstances. All people are impacted by the lack of sanitation
services, but children and women are especially at risk.1

The majority of manual scavengers are from caste groups that are typically at the bottom of
the caste order and are only permitted to perform menial or unpleasant work as a means of
subsistence.2 The societal stigma that they are dirty or "untouchable" is reinforced by their
caste-designated occupation, which also supports widespread discrimination. Men are
normally asked to perform the more physically taxing task of cleaning sewers and septic
tanks, while women are typically responsible for cleaning dry toilets, open defecation sites,
gutters, and drains.3 According to the World Health Report, 1999, only 14% of the rural
population2 (in 2000) and only 49% of the urban population (in 1997) had access to
sufficient excreta disposal facilities.4

1
Rajeev kumar singh “Manual Scavenging as Social Exclusion: A Case Study” [2009] Economic and Political
Weekly vol. 44 no. 26/27
2
“Cleaning Human Waste: “manual scavenging”, Caste and Discrimination in India” [2014] Human Rights
Watch 1
3
ibid
4
World Health Organisation, Annual Report, 2000

1|Page
In India, Manual scavengers have been denied their human rights and sense of dignity and the
underlying cause behind this inhuman and disgraceful practice is basically the stigmatization
because of their caste, gender, class and economic stability and the discrimination that
happens to this particular caste and their basic fundamental and human rights have been
ignored which leads them to live this undignified life.

In spite of the fact that manual scavenging is unacceptable and dangerous as a method of
disposing of human waste, despite scientific and technological advancement on a variety of
fronts that eliminates the need for manual labour, and despite the availability of
straightforward and affordable alternatives that could eliminate the twin issues of manual
scavenging and secure human excreta disposal, manual scavenging still exists in India. It is
passed on from one generation to the next. Additionally, the prevalent culture of acceptance
is depriving them of their fundamental rights. 5 Manual scavenging is a very hazardous
occupation. In 2019, 115 manual scavengers lost their lives while cleaning septic tanks and
sewers, according to the Press Trust of India. Due to the unlawful nature of scavenging and
the fact that it only accounts for on-the-job fatalities from asphyxiation or drowning in septic
tanks and sewers, eliminating deaths from infections, and respiratory or cardiovascular
accidents, among many other causes, this number is probably an underestimate.6

Caste analysis of manual scavengers

The Hindu Valmiki sub-caste, which is further divided into regionally named groups like
Chuhada, Rokhi, Mehatar, Malkana, Halalkhor, and Lalbegi, or the Muslim Hela sub-caste
are often the Dalits who work as manual scavengers.7 Due to their position at the bottom of
the social hierarchy, these groups are subject to prejudice, even from other Dalits. They are
responsible for manually disposing of human waste and carrying out other unhygienic
activities. They are only considered suitable for the most "polluting" jobs.

The state of Uttar Pradesh ranks first in terms of the total number of Scheduled Caste
inhabitants and fourth in terms of the proportion of Scheduled Caste residents to the state's
overall population. Additionally, Jatava (56.3%) has the greatest percentage of all the
Scheduled Caste communities in Uttar Pradesh, followed by Pasi (15.9%), Dhobi (5.85%),

5
Rashtriya Garima abhiyan, Manual Scavengers and Their Health (2013)
6
Sakshi Saldanha, Claas Kirchhelle, ‘Between paternalism and illegality: a longitudinal analysis of the role and
condition of manual scavengers in India’ [2022] BMJ Global Health
7
“Cleaning Human Waste: “manual scavenging”, Caste and Discrimination in India” [2014] Human Rights
Watch 1

2|Page
Kori (5.67%), and Balmiki (5.67%). (3.51 percent). Basically, the population of these five
Scheduled Caste communities makes up 87.5% of all Scheduled Castes in Uttar Pradesh. 8
Unfortunately, the Balmiki community has been stereotyped and stigmatized as a result of
their economic plight and tradition of physical scavenging and sweeping, which has led to
poor self-esteem. The descriptions given here concern Balmikis, who are Hindus and are
classified as Scheduled Castes in Uttar Pradesh. But it should be remembered that there are
castes (Biradaris) that engage in manual scavenging and sweeping even among other
religious groups like Muslims.

Aspects that force lower castes to continue the practice of manual


scavenging
Indian society and history have a significant role in the disproportionate mortality and
morbidity experienced by scavenging communities. Understanding the depth of these roots is
important because of the complex history and long-term combination of social, economic,
historical, and biological factors that push the lower caste "Dalits and untouchables" to
practice manual scavenging as a means of survival. The historical, economic, and social
factors that led the lower caste to continue manual scavenging are discussed in more detail
below to help you understand why they needed to continue the practice of such an
undignified occupation.

Historical aspects

According to the caste system, there were originally four varnas, and these varnas gave rise to
the distinct castes of Brahmin, Kshatriya, Vaisya, and Shudra. The social standing of each of
these castes varied. Then, these varnas were divided into hundreds of thousands of smaller
groupings, each of which was assigned a certain occupation. The last group, below all of
those varnas, were people who were thought to be "untouchables," distinct from the varnas or
castes and instead known as "untouchables." Due to their handling of the filthy garbage and
being labelled as "untouchables," this sector was segregated; in order for them to exist and
retain their livelihood, they required some form of employment. Consequently, they were
perpetuated because of the extremely strict caste system.

8
Shahid, Mohd, ‘Manual Scavenging: Issues of Caste, Culture and Violence’ [2015] Social Change, 45(2), 242–
255

3|Page
Social aspects

Even if the manual scavengers want to stop the practice of manual scavenging, it is difficult
for them to find alternative employment due to their untouchability, uncleanliness, and
associated social stigma. They are forced to perform physical scavenging work because of
their poor education level, lack of knowledge of their rights and the law, job risks, and low
self-esteem. It is more difficult for manual scavengers to stop working as manual scavengers
since the government and contractors that employ them lack empathy and don't comprehend
their condition. Another factor in the continuation is the weak enforcement of current
legislation. Since they are not a formally organized group, manual scavengers don’t have as
much influence over political and governmental processes. As a result, their difficulties are
not viewed as pressing problems.

The vicious circle of Jajmani system

A lengthy history of utilizing scavengers to make up for inadequate sanitation infrastructure


has worsened the pervasive cultural and societal prejudice towards manual scavengers. In
Safai karamchari communities, a system known as jajmani is in place that commits
generations of women to the laborious task of manually cleaning dry latrines. Jajmani
roughly translates as having the authority to clean a particular number of dry toilets. These
rights are interchangeable with property rights and are always related to the family's female
members. Jajmani is frequently passed down from mothers-in-law to their daughters-in-law. 9
As we can see from the jajmani system, there has been no way out for those girls and women
to escape this egregious behaviour and begin a new, respectable and much more dignified
life. This practice of manual scavenging has been passed down through generations and has
been prevalent in our nation for ages.

Fundamental rights of Manual scavengers violated

The act of handling human waste is not voluntarily performed; rather, it is a sort of slavery
authorized and enforced by a cruel caste system. It is a requirement: While the majority of the
civilised world has accepted the ideal that a citizen's caste or creed must not interfere with his
or her exercise of a choice of occupation, Indian society still tolerates manual scavenging,

9
Bezwada Wilson and Bhasha Singh, The Long March to Eliminate Manual Scavenging [2016] India exclusion
report 306

4|Page
which has always been expected to be undertaken by only certain. 10 It is an unacceptable
practice: The practice of manual scavenging is a caste-based tradition that is supported by a
deeply unequal society. Customs are cultural creations that are transmitted from one
generation to the next.11 It is based on the caste-based division of labour: Certain
communities experience severe injustice because of the "preordained" and "watertight"
character of this labour division, which prevents them from escaping their awful
circumstances.12

Not only does manual scavenging violate the Constitution, but it also violates people's rights.
Human dignity is an unquestionable and inviolable right because it is a basic right to life, i.e.,
a fundamental right, under the Indian Constitution. Furthermore, because the Indian
Constitution complies with the International Code of Human Rights, it abolishes
untouchability (Article 17) and discrimination on the basis of caste (Article 15). Human
dignity was therefore deemed to be the most fundamental, foundational, and basic of all
rights by Indian courts and the Constitution. As a widely recognised right under Articles 1,
22, and 23 of the Universal Declaration of Human Rights (UDHR) and a guarantee of the
National Commission on Human Rights, human dignity necessitates respect and fair
treatment for everyone which have been violated in case of Manual scavengers.

10
Rashtriya Garima Abhiyan, Eradication of Inhuman Practice of Manual Scavenging and Comprehensive
Rehabilitation of Manual Scavengers in India (2011) pg 9
11
ibid
12
ibid

5|Page
Critical analysis of the acts related to prohibition of employment as
manual scavengers

The Prohibition of Employment as Manual Scavenger and Their Rehabilitation act 2013, it
prohibits the construction of insanitary latrines and employment and engagement as manual
scavenger in the inhuman and disgraceful practice of Manual Scavenging and also identifies
the manual scavengers in urban and rural areas and then the rehabilitation of persons
identified as manual scavengers should be done by Municipalities and Panchayats. About 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 became operative in 2013. The present legislation places a strong
emphasis on restoring the rights and human dignity of manual scavengers and their
rehabilitation, in contrast to the previous act, which was written from the perspective of
cleanliness. This statue includes 8 chapters and 39 sections. The law provides alternate
employment and rehabilitation to manual scavengers within a stipulated time period.
Additionally, it forbids the building of unhygienic latrines, hand cleaning of septic tanks and
sewers without safety equipment, (Section 7 and 9). Maintaining and installing unhygienic
latrines has now been elevated to the status of a crime and delinquency. Therefore, it is
against the law to work as a manual scavenger.

Prohibition of the employment and involvement of manual scavengers is stated in Section 5


of the legislation. (1) No person, local authority, or agency shall, after the date of the
commencement of this Act, (a) construct an unsanitary latrine; or (b) engage or employ,
either directly or indirectly, a manual scavenger, and every person so engaged or employed
shall stand discharged immediately from any obligation, notwithstanding anything
inconsistent therewith contained in the Employment of Manual Scavengers and Construction
of Dry Latrines (Prohibition) Act, 1993 (46 of 1993). (2) Before the end of the period
specified in clause (b) of sub-section (1) of section 4: "Any insanitary latrine existing on the
date of commencement of this Act shall either be demolished or transformed by the occupant
at his own cost: The responsibility to destroy or convert an unsanitary latrine when there are
multiple occupants should, however, rest with: (a) the owner of the premises, if one of the
occupants also happens to be the owner; and (b) all occupants, jointly and severally, in all
other circumstances.13

13
The Prohibition of Employment as Manual Scavengers and their rehabilitation act 2013

6|Page
Prohibition of persons from engagement or employment for hazardous cleaning of sewers and
septic tanks is stated in Section 7 of the Act. —No person, local authority, or agency shall
hire or employ, either directly or indirectly, any person for hazardous cleaning of a sewage or
septic tank from the date the State Government may notify, which shall not be later than one
year from the date this Act commences.14 The penalty for breaking Sections 5, 6, and 7 are
discussed in Sections 8 and 9. Punishment for violating Sections 5 or 6.— For the first
offence, violators of sections 5 or 6 are subject to a term of imprisonment that may not
exceed one year, a fine that may not exceed 50,000 rupees, or both. For each subsequent
offence, they are subject to a term of imprisonment that may not exceed two years, a fine that
may not exceed one lakh rupees, or both.15 Penalty for violating Section 7—Anyone who
violates Section 7's provisions is subject to punishment, which may include imprisonment for
a term that may reach two years, a fine that may reach two lakh rupees, or both. For any
subsequent violations, the punishment may reach five years in prison or a fine that may reach
five lakh rupees, or both.16 This law makes it illegal to hire people to clean septic tanks and
sewers without using safety gear or protective clothing, to establish insanitary latrines, and to
fail to remove or alter insanitary latrines within a set period of time after this Act takes effect.

The use of manual scavengers is prohibited under the aforementioned Act. The
accommodations for the rehabilitating sanitation employees and their families are described.
A person cannot clean a septic tank or sewer without any of the employers supplying the
necessary protective gear, cleaning supplies, and equipment, as well as supervising safety or
protective practises. This Act applies to local governments, the federal government, and state
governments as well as individual authorities to ensure the welfare of sanitation employees.
The Government is responsible for ensuring that district magistrates and local government
units carry out the legislation. At the subdivision, district, state, and central levels, a vigilance
committee must form in order to achieve this.

Whether in, The Employment of Manual Scavengers and Construction of Dry Latrines
(Prohibition) Act, 1993, The act states Prohibition of employment of manual scavengers –No
person shall: (a) engage in, employ for, authorise to be engaged in, or employ for any other
person the manual transportation of human excreta; (b) construct or maintain a dry latrine,
with effect from such date and in such area as the State Government may, by notification,

14
ibid
15
ibid
16
ibid

7|Page
prescribe in this matter.17 Penalties for violating the Act's rules, regulations, schemes, and
other directives. Anyone who disobeys or violates any provisions of this Act, or the rules,
schemes, orders, or directions issued thereunder, shall, with respect to each such disobedience
or violation, be subject to a term of imprisonment that may not exceed one year, a fine that
may not exceed two thousand rupees, or both.18

Similar to this, Section 4(1) of the Act gives all local authorities the approval to conduct a
survey of the number of unhygienic latrines under their control within a three-month period.
The likelihood of ever seeing the actual statistics is quite slim. This project ought to have
been delegated to a professional organisation or NGO (Non-Governmental Organization). 19
The worst course of action would be to let them go and not hire them again for any jobs
linked to manual scavenging. Their livelihood would be taken away, which is another
freedom protected by the Constitution.20 So, after the analysis of The Prohibition of the
Employment as Manual Scavengers and their Rehabilitation act 2013 act, there’s still
provisions which creates loopholes in the implementation of the act and also there’s still not
effective regulation of the act and its sections.

17
The Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition) Act 1993
18
ibid
19
Vihasi shah, India, ProBono, et al. "Manual Scavenging-Unresolved problem in India."
20
ibid

8|Page
Implementation and limitations of the act

Section 2 of the explanation provided the limitations of The Prohibition of Employment as


Manual Scavengers and their Rehabilitation Act (g). The MS 2013 Act11 only prohibits
hazardous cleaning and the employment of manual scavengers if protective gear, equipment,
and devices are not provided to municipal employees. Section 2(g) attaches a condition to
this definition where—(b) a person engaged or employed to clean excreta with the help of
such devices and using such protective gear, as the Central Government may notify in this
regard. A comprehensive list of 44 protective equipment and safety devices that must be
provided to anyone cleaning a septic tank or a sewer is provided by the Prohibition of
Employment as Manual Scavengers and Their Rehabilitation Rules, 2013, according to this
document.21 The MS 2013 Act's lack of means to accomplish its main goal—"the ban of
employment as manual scavengers, rehabilitation of manual scavengers and their families"—
makes this legislative peculiarity and the legality of manual scavenging significant. This is
due to the fact that, while the law forbids manual scavenging and the employment of
hazardous activities, it also enables these activities when people are wearing protective gear,
equipment, and gadgets.22 Therefore, rather than outright prohibiting all forms of employment
or engagement in carrying human excreta, or allowing humans to access sewers or septic
tanks, the legal goal is to maintain the practise of manual scavenging and hazardous cleaning
by providing safety procedures to ensure involvement.

In the PIL submitted by Safai Karamchari Andolan, it was noted that the Court had already
instructed the Union and State Governments to take actions to monitor and execute the Act in
the case Safai Karamchari Andolan v. Union of India on March 27, 2014. The State
Governments have been gradually compelled to ratify the law and appoint Executive
Authorities under the Act as a result of several orders. The States are required by law to
gather information and keep track of the Act's implementation in accordance with the
directives of this court.23 It is crystal obvious from the aforementioned statistics that manual
scavenging is still being practised, according to the petitioners. Despite the 1993 Act having
been in effect for close to 20 years, dry latrines still exist. States have taken actions that
disregard the 1993 Act and the need of the constitution to end untouchability. This Court
issued a number of orders throughout a ten-year period, requesting adherence from all the
21
Asang Wankhede, ‘The Legal Defect in the Conditional Prohibition of Manual Scavenging in India’ [2021]
Contemporary Voice of Dalit
22
ibid
23
Safai Karamchari Andolan v Union of India (2014) 11 SCC 224

9|Page
States and Union Territories. The Government of India passed the "The Prohibition of
Employment as Manual Scavengers and their Rehabilitation Act, 2013" to end this
abomination and promote the welfare of manual scavengers as a result of the court’s
persuasive intervention and directives.24 On September 18, 2013, the President gave his
approval to the Act. In no way does the passage of the aforementioned Act lessen the
constitutional requirement of Article 17 or excuse the inaction on the part of the Union and
State Governments under the 1993 Act. In addition, the 2013 Act explicitly recognizes the
rights of those who clean sewage systems, holding tanks, and human waste off railroad lines
under Articles 17 and 21.25 The Prohibition of the Employment of Manual Scavengers and
their Rehabilitation Act of 2013 was put into effect in 2013, but the court finally
acknowledged that the practice of manual scavenging has continued throughout the country
in flagrant violation of Article 17 of the Indian Constitution, which states that "untouchability
is abolished and its continuation in any form is outlawed." The court was satisfied that it was
the duty of all states and union territories to "fully execute the legislation and to take
measures against the offenders." The Indian Supreme Court recognized that the Indian
government lacked the motivation to implement the international conventions and local
legislation that forbade this practice in Safai Karamchari Andolan v. Union of India.

Some reasons for the limitation of the acts prohibiting manual scavenging - An important
reason for the failure of government rehabilitation programmes since "The Prohibition of
Employment of Manual Scavengers and their Rehabilitation Act 2013" came into force is that
rehabilitation schemes and programmes have been aimed at male worker rather than their
female worker, who make up to 98% of the people held captive by the oppressive tradition of
manual scavenging.26 Despite the fact that caste-based discrimination and associated social
issues have long supported this practice, government programmes have prioritized the
financial side of rehabilitation instead of addressing them. 27 In spite of evidence to the
contrary, a number of states have refused to execute the Employment of Manual Scavengers
and Construction of Dry Latrines (Prohibition) Act, 1993, by denying that these practices
exist in their areas. The Act itself is flawed in various ways, failing to clearly define the areas
of responsibility or give sanctions for failing to enforce the legislation, which has hampered
adoption in other states.28

24
Safai Karamchari Andolan v Union of India (2014) 11 SCC 224
25
ibid
26
Rashtriya Garima abhiyan, Manual Scavengers and Their Health (2013)
27
ibid
28
Rashtriya Garima abhiyan, Manual Scavengers and Their Health (2013)

10 | P a g e
The fact that the 1993 Act prioritises sanitation over the human dignity of manual scavengers
is one of the main criticisms levelled against it by the manual scavenging community and its
supporters. For dry latrines to be demolished, there must be enough facilities for using water
seal latrines. The 1993 Act, which is mentioned in the preamble of the Act itself, has been
accused of ignoring the subject of human dignity. The 1993 Act's prohibition on individual
complaints is yet another serious flaw. Legal action can be started by specially designated
authorities. As a result, the 1993 Act has seen a very small number of criminal charges filed. 29
The disgusting reality is that the scavengers' battles go on despite the Indian government's
attempts to rehabilitate them. The National Commission for Safai Karmacharis, India's
National Human Rights Commission, and other organisations have recently stepped up their
efforts to end this humiliating custom. In the aforementioned context, the National Human
Rights Commission advised, among other things, that the existence of numerous agencies
frequently causes the practise of manual scavenging and their work to be put on hold. It
further suggested that in specific areas of some states, space and water shortages should be
handled by implementing the necessary technologies and procedures.30

In India, manual scavenging was initially made illegal in 1993 and then again in 2013 as a
result of particular legislation. It is astounding that no one has been found guilty despite the
fact that the practise is now forbidden and penalised. The National Incident Record Bureau
(NCRB), a nodal organisation that publishes the aggregated data of complaints and early
informing reports of each offence, has no records of the crime of manual scavenging. Even
though the practise is unhealthy, it has aided discrimination and untouchability in India.
Indian society is divided into minor feudal organisations known as caste as a result of its
emphasis on social stratification. This system underwent radical reform after India's
Constitution was adopted in 1950, which also outlawed the practise of untouchability.
Scavenging, however, has kept the stigma of prejudice and untouchability alive. Scavengers'
fundamental human dignity has been diminished.

Conclusion and suggestions for better implementation

Although the government made a number of anti-manual scavenging initiatives after


independence, the existence of 1.3 million manual scavengers shows that those efforts were

29
Sujith Koonan, ‘Manual scavenging in India: state apathy, non-implementation of laws and resistance by the
community’ [2021] Indian law review
30
Aparajita Baruah, ‘The Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013:
A Review’ (2014) 1(3) Space and Culture, India 9

11 | P a g e
neither in the proper direction nor very strict. The government was exceedingly lenient in
putting laws, programmes, and projects into effect. 31 Even after two decades, not a single case
has resulted in a conviction under the current legislation. Some States' failure to enforce the
law demonstrates that it no longer has any meaning. The law's implementation authorities
have still not been appointed by a number of state governments. 32 Surveys and systematic
identification of unclean latrines are necessary for the execution of rehabilitation initiatives.
Without a "modern, mechanising sewage cleaning system, an advanced drainage system, and
a forceful penalising system, the tyranny and slaughter of lower castes under the manual
scavenging practise will continue."

Manual scavengers in India lack basic human rights and a sense of dignity. But the first step
to restoring the honour of manual scavengers is accurate identification. The focus must then
shift to restoring the human dignity of manual scavengers through governmental tools like
regulations and strategically placed social welfare initiatives after identification. For those
who have been set free, scavenging behaviour is very likely to return due to cultural pressure
and financial uncertainties. Therefore, the final stage must place a strong emphasis on
complete economic and social restoration. Rehab's two main objectives are to prevent people
from feeling pressured to resume scavenging and to help them achieve economic stability.

The practise of manual scavenging persisted at the heart of our society even after anti-manual
scavenging laws were implemented because of the caste and class divide and poor regulation
of the act. The legislation has effectively addressed the needs and demands related to the
manual scavengers' right to life, but not in the act's actual execution and implementation. The
most recent act's criminalization is utterly ineffectual because there have been no
prosecutions under this clause despite the fact that the practise has been occurring in public.

The acts relating to the outlawing of manual scavengers are discussed here, along with
reformations to reach out to these individuals and inform them of their basic human rights
and help them live dignified lives. Common National Survey for Safai Karamcharis We need
accurate and comprehensive data on the scope of the issue before the government can The
Long March to Eliminate Manual Scavenging 317 devise any viable solutions. Therefore, the
Government of India must launch a national-level common census to measure the number of
manual scavengers and dry latrines in the nation and use it as a benchmark for implementing

31
Louis, J. Maria Joseph, Dr M. Hilaria Soundari "Women at Work in Manual Scavenging: A Study from Legal
Perspective." (2018)
32
ibid

12 | P a g e
all policies and programmes.33 The 2013 Act and the Need for the Monitoring Agency to Be
Accountable The 2013 law specifies how Vigilance Committees should be established, both
at the federal and state levels, to keep an eye on how the law is being applied. However, as
the movement's history has demonstrated, these committees' effectiveness has been little.
Consequently, a structure for the monitoring agency's accountability is necessary.34 Review of
Rehabilitation Programs: The main goal of any rehabilitation programme should be to
provide chances for a dignified life that are free from scavenging. This needs to include a
stable employment, land, a place to live, and free, top-quality education for their kids. 35
Modifying the Swachh Bharat Program: No further restrooms should be constructed through
any programmes until the government guarantees that no one will be made to clean gutters
and septic tanks. Sewage system modernization should be ensured.36

Some further suggestions and remedies for the better implementation of Act of 2013
prohibiting the employment of manual scavengers and providing for their rehabilitation It is
important to raise public awareness of all the legal restrictions on manual scavengers.
Through a thorough assessment, the precise number of manual scavengers must be
determined. There needs to be a set deadline to stop hand scavenging, and that deadline
cannot be extended. For greater sanitation, machines must be encouraged rather than people.
Give manual scavengers respectable treatment and dignity in society.37

33
Rashtriya Garima abhiyan, Manual Scavengers and Their Health (2013)
34
ibid
35
ibid
36
ibid
37
Louis, J. Maria Joseph, Dr M. Hilaria Soundari "Women at Work in Manual Scavenging: A Study from Legal
Perspective." (2018)

13 | P a g e

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