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

Prohibition of Employment as Manual Scavengers and their Rehabilitation Act 2013 came into force on 6 December 2013 across India except Jammu and Kashmir. The law prohibits the employment of manual scavengers, the manual cleaning of sewers and septic tanks without protective equipment and the construction of insanitary latrines.

The law also provides rehabilitation of manual scavengers and alternative employment to them within the time bound manner. From now onwards, the construction and maintenance of the insanity latrines has became an offence, therefore no one can be employed or engaged as the manual scavenger.

Highlights of the Act:
a) Prohibition of Insanitary and Employment or engagement as Manual Scavengers
The offences are
• To construct or maintain an insanitary latrine
• Engage or employ a person to work as the Manual Scavenger

Penalty for contravention
• First contravention is punishable with imprisonment up to one year or with the fine up to rupees fifty thousand or both
• Any subsequent contravention is punishable with imprisonment up to two years or with the fine up to rupees five lakh or both

b) Prohibition of person from engagement or employment for hazardous cleaning of a sewer or a septic tank
Penalty for contravention
• First contravention is punishable with imprisonment up to two years or with a fine up to two lakh rupees or with both
• Any subsequent contravention is punishable with imprisonment up to five years or with fine up to five lakh rupees or with both

c) Offences under the Act are cognizable and non-bail able
d) Survey of Manual Scavengers in Urban and rural areas: which should be conducted with a time bound framework
e) Comprehensive Rehabilitation of the Manual Scavengers within a time bound framework
• Photo Identity card to the Manual Scavengers
• Initial cash assistance
• Scholarship to the children of Manual Scavengers
• Allotment of residential plot with financial assistance for the construction of the house or a ready built house, within the framework of relevant scheme
• Training in livelihood skill
• Concessional loan with subsidy for taking up alternative occupation
• Any other legal or programmatic assistance

f) Monitoring Mechanism
• Vigilance/Monitoring Committee

• National Commission for Safai Karamcharis (NCSK)
Construction of adequate number of sanitary community latrines in urban areas, within three years from the date of commencement of this Act to eliminate the practice of open defecation

Lok Sabha Passed the Bill to Ban Manual Scavenging

Bill to Ban Manual Scavenging Received Assent of the President of India

Delhi Became the First State in India to Ban the Manual Scavenging