DECODING THE ACT AGAINST MANUAL SCAVENGING : The Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013 easily explained Manual scavenging has always been linked to the practice of untouchability, but Article 17 of the Constitution of India abolishes the continuation of such practices. The Act forbidding the employment of manual scavengers and construction of dry toilets has existed since 1993 but it has seen little or no implementation and furthermore, not a single conviction. For a more comprehensive approach towards the issue and a stricter execution of the act, a new bill was drafted in 2012. SALIENT FEATURES OF THE ACT : The definition of ‘manual scavenger’ has been widened to include a person engaged or employed for manual cleaning of human excreta in an insanitary latrine, an open drain or pit, on railway tracks, etc. Prohibitions. * Manual scavenging, other than manual cleaning of sewers and septic tanks without protective equipment * The construction of insanitary latrines * Any contract for employment of manual scavengers shall stand nullified on the date of commencement * The employer cannot terminate the employee from the job for budgetary reasons. Instead, the employee will be given work other than manual scavenging for at least the same remuneration * No person, local authority or any agency shall engage or employ, either directly or indirectly, any person for hazardous cleaning of a sewer or a septic tank PENALTY : For employing manual scavengers or failing to demolish insanitary latrines: imprisonment of one year or a fine of Rs 50,000, or both, for the first violation. For subsequent violations by the same person, the punishment shall stand at imprisonment for two years, or a fine of Rs 1 lakh, or both For hazardous cleaning of septic tanks and sewers: imprisonment of two years and/or a fine of Rs 2 lakh for the first violation. For subsequent violations by the same person, the punishment shall stand enhanced to imprisonment for five years, or fine of Rs 5 lakh, or both IMPLEMENTATION : Each occupier of an insanitary latrine is responsible for converting or demolishing it at his own cost If he/she fails to do so, the local authority will convert the latrine and recover the cost from him/her Each local authority, cantonment board and railway authority is responsible for surveying insanitary latrines within their jurisdiction, and providing sanitary community latrines within such period not exceeding three years from the date of commencement of the Act It is the duty of every local authority to use modern technology to clean sewers, septic tanks and other spaces within their control Vigilance and monitoring committees to be set up at the sub-division and district levels Monitoring committee to be set up at the state and central levels The Act has definite provisions for identification of manual scavengers and insanitary latrines The municipality of a locality or the panchayat of a village will conduct a survey to identify existing manual scavengers and insanitary latrines The municipality (in urban areas) and panchayats (in rural areas) will also be responsible for the rehabilitation of those identified as manual scavengers The appropriate government may also appoint certain persons as inspectors and such inspectors shall have the power to enter any premises within his/her jurisdiction for the purpose of determining whether any person has been employed as a manual scavenger at such place. Manual scavengers in rural areas will be rehabilitated by as per the previous provision relating to urban manual scavengers
Posted on: Wed, 26 Mar 2014 10:42:10 +0000
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