Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013

The Act replaces Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition) Act (1993).

Basic Features of the Act: Prohibition of construction or maintenance of insanitary toilets.

• Prohibition on the engagement or employment of anyone as a manual scavenger.
• Violations could result in a years’ imprisonment or a fine of INR 50,000 or both.
• It prohibits a person from being engaged or employed for hazardous cleaning of a sewer or a septic tank.
• Offences under the Act are cognizable and non-bailable.
• Calls for a survey of manual scavengers in urban and rural areas within a time bound framework.

Challenges with the Act: It does not provide a time frame within which land is to be allotted as part of the rehabilitation package for 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.