employment manual scavengers act 1993
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employment manual scavengers act 1993For a related occupation elsewhere, see sanitation worker. The work is being regarded as a caste -based, dehumanizing practice.The safe and controlled emptying of pit latrines, on the other hand, is one component of fecal sludge management.Container-based sanitation is another system that does not require manual scavenging to function even though it does involve the emptying of excreta from containers.District magistrates are responsible for ensuring that there are no manual scavengers working in their district.There are many legends about the origin of bhangis, who have traditionally served as manual scavengers.Historically the excreta was known as night soil and in Tudor England the workers were called gong farmers.National Human Rights Commission. Retrieved 16 September 2013. Retrieved 6 September 2015. Retrieved 16 September 2013. By using this site, you agree to the Terms of Use and Privacy Policy. One can find various housing programmes for the poor, lower income group, urban development schemes and their progress through different five year plans. Telephone and fax numbers of the Minister, Secretary, Joint Secretaries, Directors, Deputy Secretaries, etc.Users can get details of the scheme, guidelines and other related documents. Information about the objectives, scope, duration, financial details, etc.Users can access mission document, guidelines, minutes of the meeting, presentations, letters, office memorandums, etc. Users can find features of the scheme, terms for loan, subsidy reimbursement, selection of beneficiaries, etc. Details of role of the Central Government, State Government and Nodal Agency are also given. You can find detailed information on this scheme, its objectives, eligibility, loan amount, subsidy reimbursement, beneficiaries, etc. Users can access information about the objectives, policies, schemes provided by the Ministry.http://eortak.com/img/fck_temp/dexta-workshop-manual-download.xml
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Employees Welfare Housing Organisation (CGEWHO) including details on organisation certificate of registration, rules and regulations, demand surveys etc. The main objectives of the organisation is to undertake social welfare schemes on no profit-no loss basis for Central Government employees, both serving and retired, and spouses of deceased Central Government employees by inter-alia promoting the. Information is also provided on Jawaharlal Nehru National Urban Renewal Mission (JNNURM). Information on this scheme is provided by the Ministry of Housing and Urban Affairs. You can find detailed information on latest updates on this scheme, its objectives, pattern of assistance, beneficiaries, progress of the scheme, etc. The Act is downable in both Hindi and English. Annual reports from 1990 onwards are available where full description, achievements; activities etc of the Ministry are given. User has to fill the details like Name, E-Mail address, division in which they have to give feedback, contact number, city etc. They shall also construct a number of sanitary community latrines. If he fails to do so, the local authority shall convert the latrine and recover the cost from him. There could be an argument for Parliament’s jurisdiction to enact this Bill as this regulates conditions of work, and is thus a Concurrent List item. This may adversely impact implementation of the Bill. However, under the CrPC, only offences with a maximum imprisonment of two years can be tried summarily. This may create a conflict of interest if the Executive Magistrate is also the implementing authority. This undignified practice requires a manual scavenger to manually remove untreated human excreta from bucket toilets or pit latrines by hands with buckets and shovels. This practice is not only problematic given the right to health and the right to life; it is also a threat to human dignity and raises questions of discrimination and casteism.http://geulle.com/fckeditor/ckfinder/userfiles/dexta-owners-manual.xml Not only this, but according to the Census of 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 human excreta is cleaned manually. These facts disclose the sorry state of affairs in our country and the gross failure of this well-intentioned legislation in curbing the barbaric practice. Following are the key features- It widened the definition of manual scavengers by including in it all forms of manual removal of human excreta like an open drain, pit latrine, septic tanks, manholes, and removal of excreta on the railway tracks. The Act makes the offense of manual scavenging cognizable and non-bailable. It makes it obligatory for employers to provide protective tools to the workers. In the light of inadequacy and failure of the previous law in eliminating the evils of insanitary latrines and manual scavenging, the present act came into force. The perspective of the Act of 1993 was limited to sanitation. It covered only dry latrines, and the definition of manual scavenging was restricted to a person employed for manually carrying human excreta. There was no stress laid upon the rehabilitation of these workers. The lenient penal punishment of one-year imprisonment and fine of Rs. 2000 could not create deterrence in society, as was evident from the deaths of manual scavengers. Thus, arose the need for entirely new legislation. This has led to the coming up of bio-toilets in trains for treating human excreta. However, the newspaper reports say that the number is understated as the survey was conducted only in areas where there are reasons to believe the existence of manual scavengers. The survey was conducted in 170 districts in 18 states. The newspaper report states that if the official surveys of the 2011 census are compared with the data after 2013, a lot of imbalance is detected in reporting the real number of manual scavengers.http://ninethreefox.com/?q=node/14805 It is also believed that the benefits of 2013 Act do not reach all the affected families, which defeats the very purpose of this legislation. The responsibility to provide for such safety gear rests upon the employer. Most of the municipal cleaning is outsourced, and thus, this responsibility falls on the private employers who fail to comply with the provisions under Rule 5 of the Act. Thus, the issue needs to be revisited by the parliament. However, this practice is termed as cognizable and non-bailable under the present act. Thus, the time must be specified. No legislation can bore fruits without the countenance of the people of the country. There is no doubt that the schemes of the government have failed miserly due to the loopholes in the system, but the origin of this problem is the existence and continuance of the caste system in the society to date. The stigma attached to casteism has to be done away if we, as a nation, want to tread upon the path of progress. The community should discourage and stop subletting the service like sewer cleaning. People should pledge to adopt sanitary practices and vow to not encourage or employ manual scavengers for such menial tasks. This committee will keep a close check on the implementation of the present Act and related schemes to find loopholes in the system, which can be taken into account for ensuring an efficient system in place. Notify me of new posts via email. And rightly so, because this is the essential work of any government. The conceptual idea of social and economic rights, however, provides another way to look at the basic human conditions necessary to live a life of freedom and dignity. It is perhaps for this reason that the rights interventions by Indian courts are most useful in circumstances of egregious suffering, and not for comprehensive management of low-grade deprivations. We see this in manual scavenging cases.https://infocorrosion.com/images/a-girl-driving-manual.pdf In the past, this referred to the practice of removing excreta from dry latrines, but modern sanitation technologies brought, in addition, new forms of manual scavenging work, which include manual and unsafe cleaning of drains, sewer lines, septic tanks and latrine pits. In 2003, Safai Karmachari Andolan (SKA) filed a petition in the Supreme Court, asking for the Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition) Act, 1993 to be implemented. SKA also asked the court to declare manual scavenging violative of right to equality and right to life, and to declare the practice as a form of untouchability and forced labour, both abolished by the Constitution. The very small and under-resourced SKA could leverage the might of the Supreme Court to draw attention to the heinous practice of manual scavenging in India. Notably, at that time, the 1993 law only covered dry latrines-related manual scavenging, but the courts had no difficulty in extending the logic of prohibiting manual scavenging to sewers. The Gujarat court observed that in the absence of specific law, Article 21 was there to protect civic workers. About the Delhi case, the Supreme Court said it was the constitutional duty of courts to protect the rights of those who for economic compulsion enter manholes for cleaning work. There was no doubt that this was an issue of fundamental rights, and accordingly, the courts could direct state parties to take all measures to eliminate human entry into sewers. During the period when these cases were running in the courts, Indian activists were also able to mobilise the international human rights community to push for the legal recognition of manual scavenging as a human rights issue. How much these influenced the courts is not always apparent in the judgments, although they helped perhaps in providing legitimacy for the courts’ interventions. It explained to the court that steps were being taken to ensure that sewage operations were mechanised. In the Gujarat case, the court asked for speedy measures to mechanise sewage operation and to provide safety equipment. In the Delhi case, which is still ongoing, a defiant and evasive water board has more or less held off on the possibility of laying down binding principles to which it could be held accountable. This is significant because it is estimated that around 80 per cent of our population make do without any state-provided sewage (or equivalent) service. Existing sewers and drains are so badly managed that blockages and overflows are often addressed privately by workers contracted by those local people who are directly inconvenienced. For this reason, the deaths are not necessarily linked, in an operational sense, to any activities of the state agency concerned. In other words, routine manual handling and sewer entry, or the continuous violation of the rights of workers are a bit harder to fix. The absence of a statutory obligation to provide sanitation services on the part of state agencies creates a situation in which the rights hang in the air, ineffective against everything but the worst violations. We need to be able to make these state agencies accountable for equity and justice in the discharge of their operations. Article 21 and the higher judiciary are not very effective on this score, which is a problem of capacity and of jurisprudence. There are, on the other hand, organisations, activists and local networks scattered across Indian cities that do just this, and we need to extend our work to see how rights fare in the interface between the local state and people. Aditya Unnikrishnan is a research associate at CPR. Views are personal. Read all the articles in the series here. There have been brutal layoffs and pay-cuts. The best of journalism is shrinking, yielding to crude prime-time spectacle. Sustaining journalism of this quality needs smart and thinking people like you to pay for it. Whether you live in India or overseas, you can do it here. The one China says it’s following in the Ladakh stand-off. However, even after the passage of one long year, the Bill is yet to become an Act of Parliament. The article seeks to delve into the reasons that can provide an explanation to such lack of apathy both from the State as well its people, that accentuate such gross human rights violation. The paper exposes the dark reality that lurks behind the ideas of justice that the Preamble of our Constitution promises its people because of the in-sensitiveness of the Government, the weak toothless legislation, the underlying corruptions and the unshakable caste based discrimination. Also the paper reviews the not so recently introduced 2012 bill that seeks to eradicate and rehabilitate manual scavenging, by summing and critically analyzing it and dwells into the question if Indians, even after 66 years of Independence, are in real terms liberated or not. Available at SSRN: or By continuing, you agree to the use of cookies. To learn more, visit our Cookies page. The Scavengers’ Living Conditions Enquiry Committee was set up in 1949 to look into the state of scavengers in Bombay, and since then various commissions and advisory boards have tried to tackle this issue. The current definition describes them as a single amorphous category, but leaves out other types of sanitation work such as drain cleaning or even the cleaning of toilets by domestic help. Waste treatment plant workers, drain cleaners, community and public toilet cleaning, domestic workers and school toilet cleaners are not recognised under the Act, though they work with human faecal matter and other dangerous waste too. These nine types of work are briefly summarised below. The work is usually complaint-based, seasonal (rainy season) and occasionally for preventive maintenance. Since sewers are only in urban areas, a large percentage of the work takes place there. There are 7,70,000 latrine cleaners, 90 of whom are in rural areas and 95 of them are women; The work is usually carried out on demand, while de-sludging frequency varies greatly ranging anywhere from 6 months to 10 or 15 years. 80 of faecal handling is carried out in urban unplanned localities.Both activities need to be carried out several times a day.There are around 6,000 male workers and no women; Workers are usually from both rural and urban areas (mostly slums and public convenience shelters).There are over 8,00,000 cleaners in both, rural and urban schools; 80 of them are in rural schools and over 90 of them are women. We noticed that women preferred working as school toilet cleaners due to an emotional attachment with children and assured monthly income; Though not traditionally associated with scavenging, they should fall under the category of scavengers because they often encounter faecal matter due to open defecation and unsanitary latrines connected to drains in urban settings. There are over 4,10,000 drain cleaners where men and women are equally employed; These workers are all in urban areas and over 2 million are employed all over the country. However, in practice, either the equipment so provided to the employees is of such low quality that the same cannot be used as a protective gear or the equipment are not provided at all. Also, the definition of “manual scavengers” as provided in the Act is a dead letter as it does not cover wastes such as menstrual waste, corpses, hazardous medical waste, etc. However, even the present Act has massively failed to address the pressing socio-legal concerns of the community of manual scavengers more specifically of the “female manual scavengers”. When a social and legal issue is not addressed in its entirety, we often believe that the reason for the same is lack of enforcement mechanisms. The said “flight of steps” could be an opportunity for a person to gain access; however, the same flight of stairs could also be a hindrance for a person in a wheel chair. It basically refers to “the view from below” of a piece of legislation as only a person who is at the bottom of the hierarchy can see the oppressions and not a person who has some epistemic privilege. Female manual scavengers receive lower wages as compared to their male counterparts; they are often faced with a situation when a contractor or such person who is in a fiduciary capacity demands sexual favors from them, the safety concerns while working during wee hours, etc. The sector of manual scavengers is a heavily unregulated and unorganised sector and the gravity of this non-regulation increases manifold with respect to female manual scavengers. But, law on manual scavenging nowhere prescribes rules for regulating the work conditions of female manual scavengers considering their specific requirements which are specific to their sex. It is pertinent to note that women employees are vulnerable to various additional factors like safety concerns, biological hygiene, sexual harassment at workplace, etc. The Act fails in its implementation as it does not have a provision for regulating the quality of work given to women employees owing to their bodily orientation. Also, the Act does not make an effort for taking care of the medical expenses incurred by a female employee considering they are often required to undergo uterus removal due to the heavy labour involved. Further efforts and research are needed in this field to accommodate the specific issues faced by “female manual scavengers” due to intersectionality of various forms of discrimination and set the groundwork for legal amendments, reforms and policy level changes. This is because the abovementioned labour legislations, due to their applicability in specific sectors, cannot be applied to the community of manual scavengers. Separate set of rules are needed for “female manual scavengers” dealing with pay scale, hygiene, separate latrines and urinals, a system to deal with harassment issues, the quality of work to be given to female employees on the basis of their bodily orientation, etc. Presently, she is pursuing integrated LLM PhD from NALSAR University of Law, Hyderabad. Divya Bharati is facing threat to life, threat of getting raped, etc.Available at. Available at. Available at:. Notify me of new posts by email. Learn how your comment data is processed. HC elucidates in a Cooperative Society dispute HC elucidates in a Cooperative Society dispute Court restates legal position The views expressed are not the personal views of EBC Publishing Pvt. Ltd. and do not constitute legal advice. The contents are intended,EBC Publishing Pvt. Ltd. disclaims all liability to any person for any loss or damage caused by errors or omissions, whether arising from negligence, accident or any. As a result, the web page can not be displayed. Cloudflare monitors for these errors and automatically investigates the cause. To help support the investigation, you can pull the corresponding error log from your web server and submit it our support team. Please include the Ray ID (which is at the bottom of this error page). Additional troubleshooting resources. It often involves using the most basic of tools such as buckets, brooms and baskets. The practice of manual scavenging is linked to India’s caste system where so-called lower castes were expected to perform this job. Manual scavengers are amongst the poorest and most disadvantaged communities in India. In 2013, landmark new legislation in the form of the Manual Scavengers Act was passed which seeks to reinforce this ban by prohibiting manual scavenging in all forms and ensures the rehabilitation of manual scavengers to be identified through a mandatory survey. 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. 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. It provided for imprisonment of upto a year and a fine. In 2013, this was followed by the Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013, which is wider in scope and importantly, acknowledged the urgency of rehabilitating manual scavengers. These include: They are members of lower castes and as such, face enormous discrimination in society, and second, are disadvantaged because they are manual scavengers who clean human excreta. 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. 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. Women from the manual scavenging community, liberated women, community leaders, representatives from the Government and civil society participated in the consultation to deliberate on the challenges of rehabilitation, including promotion of alternative employment opportunities, education for children, skill development and accessibility of rights and entitlements. At the consultation, participants reviewed the existing rehabilitation policies and provisions and provided recommendations. The aim of the consultation is to build a national level platform for stakeholders to promote comprehensive rehabilitation. It often involves using the most basic of tools such as buckets, brooms and baskets. Manual scavengers are amongst the poorest and most disadvantaged community in India. In 1993, India prohibited the employment of people as manual scavengers. Convinced by others in her community and the law which prohibits manual scavenging, she quit in 2007. Since then, she and her family have struggled, making ends meet, through odd jobs, working in the fields and cleaning grain. Women comprise the vast majority of manual scavengers. Community advocates are playing an important role in ending the practice. Since 1993, key legislations have been enacted prohibiting employment of people as manual scavengers, banning the construction of dry latrines and providing rehabilitation. Yet, a significant proportion of an estimated 2.6 million dry latrines in India continue to be cleaned manually. One, to correctly identify those engaged in manual scavenging and second, to ensure they are comprehensively rehabilitated. Across India, castes that work as “manual scavengers” collect human excrement on a daily basis, and carry it away in cane baskets for disposal. Women from this caste usually clean dry toilets in homes, while men do the more physically demanding cleaning of sewers and septic tanks. The report describes the barriers people face in leaving manual scavenging, including threats of violence and eviction from local residents but also threats, harassment, and unlawful withholding of wages by local officials. The baseline assessment aimed at gathering information pertaining to socio-economic status of women manual scavengers who constitute an astonishing 98 of the community. Read more about the theme here. They shall also construct a number of sanitary community latrines. Offences under the Act shall be cognizable and non-bailable and may be tried summarily. Libraries, institutions and other users registered with reproduction rights organizations may make copies in accordance with the licences issued to them for this purpose. Visit www.ifrro.org to ?nd the reproduction rights organization in your country. The responsibility for opinions expressed in signed articles, studies and other contributions rests solely with their authors, and publication does not constitute an endorsement by the International Labour Of?ce of the opinions expressed in them. Reference to names of ?rms and commercial products and processes does not imply their endorsement by the International Labour Of?ce, and any failure to mention a particular ?rm, commercial product or process is not a sign of disapproval. Social origin is another ground of discrimination mentioned in the Convention. Social origin means caste. In other words, the Convention prohibits discrimination in the world of work based on caste. During the International Labour Conference in 2007, the manual scavenging issue was discussed under the application of ratified Conventions. India was one of the countries included in this discussion under Discrimination Convention. Employing a person for manual scavenging in India is legally prohibited. A new Act and Rules were adopted in 2013 reinforcing this illegality. At the same time, social security schemes were extended to make sure that former manual scavengers will be enabled to build a new life with a decent job. This Resource Guide provides a detailed description of the origins of manual scavenging, and explains why it is a violation of human rights. It shows the abhorrent consequences of caste based discrimination and how the concepts of untouchability and impurity are excluding manual scavengers from all walks of life. It also makes clear how former manual scavengers are facing multiple obstacles when they actually try to reintegrate themselves in the society. This Resource Guide will be a useful tool for government officials and other stakeholders such as trade unions in understanding the issues surrounding manual scavenging. It will also help the user in understanding the legislative changes that took place in 2013, and how public authorities can assist former manual scavengers by making use of the measures and tools put at their availability by the Government of India. The involvement of the International Labour Organization on manual scavenging was mandated by its supervisory system, originating from the discussion that took place at the International Labour Conference in 2007. Being the Specialized Agency of the United Nations on labour, this involvement also catalyzed action by other United Nations organization in India, each one of them fighting the injustice of manual scavenging from their respective mandates. It made clear that the UN family is joining hands with the Government of India and other stakeholders to end manual scavenging in India in the shortest period possible. It is my hope and expectation that this Guide will help all stakeholders to speed up their action for the eradication of manual scavenging in India. I am extremely grateful to the authors Mr. Harsh Mander and Ms. Agrima Bhasin of the Centre for Equity Studies for enthusiastically agreeing to this assignment and for their expert completion in a short period of time. I also wish to acknowledge the role of my colleagues Mr. Sameer Taware, Mr. K. S. Ravichandran and Mr. Coen Kompier for their support to the authors. He was an outstanding humanist and progressive civil servant, an inspiration for generations of public officials. I am grateful to the ILO Delhi, and especially to Coen Kompier and Sameer Taware for identifying the need for such a handbook, for entrusting me with this task, and for their deep and abiding interest in ending manual scavenging. My young colleague Agrima Bhasin is passionate about the ending of manual scavenging as a collective obligation in the journey for a more egalitarian and humane society. Her research inputs were invaluable for the writing of this handbook. I am grateful also for the research support provided by Jeevika Shiv, who assisted me in my work regarding manual scavenging when I was a member of the National Advisory Committee, as these insights were also useful for the writing of this manual. I learnt a great deal over many years from leaders and activists of the Safai Karmchari Andolan, Rashtriya Garima Abhiyan and Navsarjan, who have done inspiring work, taking the path of nonviolent and democratic struggle for ending manual scavenging, upholding the dignity and selfrespect of manual scavengers, and ending the practice of untouchability. In particular I have learnt a great deal from my friend of many years Bejwada Wilson and also from Ashif, with whom I was associated ever since he established Garima Abhiyan more than a decade back. I would also like to acknowledge the contribution of Martin Macwan, other SKA friends such as Moses, Deepti, Anuradha K, Usha Ramanathan and Bhasha. Most of all, I owe a debt of gratitude to manual scavengers of great dignity like Narayanamma of Anantpur and Saroj Bala of Ambala. The reason, mother, the reason for your long labour; I, still in your womb, was wondering Do I want to be born Do I want to be born at all In this land. She was paid to clean dry toilets each day, by physically scraping the human excreta that accumulated on the latrine floors, and carrying it away in a basket. Several months pregnant, Saroj one day climbed a narrow wooden staircase to reach the latrine in a house for which she provided this service. She slipped and fractured her foot. As she lay helplessly in agony below, her employers—of many years—dithered about helping her out because they believed her touch was polluting.