Land Overlord Manual Scavenging

The monsoon session of Parliament, from August 5 to September 7 turned out to be productive, as landmark legislation relating to food security, land acquisition and eradicating manual scavenging.

The Preamble of the Indian Constitution does presume dignity of an individual as his most valuable asset. Thereby, manual scavenging and employment of manual scavengers and sweepers is prohibited in India by law. It is the duty of the state to protect the rights of people, improve their standard of living and also the improvement of public health is of prime concern for the government. These philosophies enshrined in the Indian Constitution sees its defeat in the present context. Manual scavenging is still prevalent in many parts of India, either it is rural or urban. The practice of manual scavenging is present in our Indian social context from long ago and it is time to fight for the rights of the persons still involved in this practice. Extra Information: Who is a Manual Scavenger?

“ Manual scavenger” means a person engaged or employed by an individual or a local authority or an agency or a contractor, for manually cleaning, carrying, disposing of, or 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, before the excreta fully decomposes in such manner as may be prescribed. Who is Not a Manual Scavenger?

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 behalf. Prohibition of Insanitary Latrine and Employment of Manual Scavengers Sweepers Laws governing the issue of manual scavenging and prohibition of insanitary latrine in India are – • The Prohibition Of Employment As Manual Scavengers And Their Rehabilitation Act, 2013. • The Employment Of Manual Scavengers And Construction Of Dry Latrines (Prohibition) Act, 1993. Wherever there is a conflict between the laws, 2013 law will prevail. Insanitary latrine means a latrine which requires human excreta to be cleaned or otherwise handled manually, either in situ, or in an open drain or pit into which the excreta is discharged or flushed out before the excreta fully decomposes in such manner as may be prescribed.

No Person or Local Authority Can – • Construct an insanitary latrine. • Engage or employ, either directly or indirectly, a manual scavenger, and every person so engaged or employed shall stand discharged immediately from any obligation, express or implied, to do manual scavenging. Every insanitary latrine existing shall either be demolished or be converted into a sanitary latrine, by the occupier at his own cost. This will further facilitate the abolition of manual scavenging. Whoever contravenes these provisions shall for the first contravention be punishable with imprisonment for a term which may extend to one year or with fine which may extend to fifty thousand rupees or with both, and for any subsequent contravention with imprisonment which may extend to two years or with fine which may extend to one lakh rupees, or with both. Contractual Relationship Arising out of Manual Scavenging • Any contract, agreement entered into for facilitating, engaging or employing a person for the purpose of manual scavenging shall be terminated and such contract, agreement or another instrument shall be void and inoperative and no compensation shall be payable for such actions. • No person employed or engaged as a manual scavenger on a full-time basis shall be retrenched by his employer but shall be retained, subject to his willingness, in employment on at least the same emoluments, and shall be assigned work other than manual scavenging.

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• No person, local authority or any agency can engage or employ, either directly on the contractual basis or indirectly, any person for hazardous cleaning of a sewer or a septic tank. Whoever contravenes with this provision shall for the first contravention be punishable with imprisonment for a term which may extend to two years or with fine which may extend to two lakh rupees or with both, and for any subsequent contravention with imprisonment which may extend to five years or with fine which may extend to five lakh rupees, or with both. Rehabilitation of Manual Scavengers Sweepers Duties of Municipality toward Manual Scavengers – • If any municipality has reasons to believe that some persons are engaged or employed in manual scavenging within its jurisdiction, the Chief Executive Officer of such municipality shall cause a survey to be undertaken to identify such persons.

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• After completion of the survey, the Chief Executive Officer shall cause to be drawn up a provisional list of persons found to be working as manual scavengers within the jurisdiction of his municipality and fulfilling the eligibility conditions as may be prescribed, shall cause such provisional list to be published for general information in such manner as may be prescribed and shall invite objections to the list from the general public. • Any person working as a manual scavenger in an urban area, may, either during the survey undertaken by the municipality in pursuance of within whose jurisdiction he works, or at any time thereafter, apply, in such manner, as may be prescribed, to the Chief Executive Officer of the municipality, or to any other officer authorised by him in this behalf, for being identified as a manual scavenger. • As soon as the final list of manual scavengers is published, the persons included in the said list shall stand discharged from any obligation to work as manual scavengers. Rehabilitation Rights of Manual Scavengers Sweepers – • He shall be given, within one month – • A photo identity card, containing details of all members of his family dependent on him. • Such initial, one-time, cash assistance, as may be prescribed.