Manual scavenging has been banned in India since 1993 and is currently prohibited under the ‘The Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013’ (the ‘Act’). The Act mandates the provision of safety equipment and gear for workers engaged in hazardous cleaning, and also a shift towards mechanization of cleaning septic tanks, sewers, and other spaces. This blog post delves into the lack of provision of safety equipment and traces the progress of complete mechanization while focusing on certain schemes of the Government, to enable the eradication of manual scavenging.
On 26th September, 2021, Centre for Law and Policy Research (CLPR) conducted a ‘Know Your Rights’ Session for persons employed in manual scavenging and related work.
On 19th September 2021, the Centre for Law and Policy Research (CLPR) conducted a workshop for Civil Society Organisations (CSOs) from Tamil Nadu on Prohibition of Employment as Manual Scavengers and their Rehabilitation Act (PEMSRA) 2013 and the Rules.
On 11th September 2021, the Centre for Law and Policy Research (CLPR) organised a legal training workshop for lawyers in Telangana on the Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013 (“PEMSRA”).
The Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013 (‘Act’) bans manual scavenging in India. It casts stringent penalties for violation of the Act and provides for rehabilitation and compensation of manual scavengers. Even though manual scavenging is outlawed, it seems to be on a rise, especially in Tamil Nadu.
On 10th January, 2020, CLPR organised “Tackling Caste Discrimination Through the Law”, a training workshop for civil society organisations and activists working on issues of caste discrimination in various parts of Tamil Nadu.
The practice of manual scavenging was first criminalised in 1993. Since then, it has been replaced by a new act in 2013, which is wider in scope as it provides for rehabilitation and compensation, and imposes stricter penalties. Rehabilitation measures under Sec. 13 of the Act are applicable to a person identified as a manual scavenger under Sec. 12 of the Act. Since identification is the first step towards rehabilitating them, state agencies are required to collect reliable data on the total number of dry latrines (that require manual cleaning) and the number of people engaged in manual scavenging within their jurisdiction. However, it has been 6 years since the introduction of the Act, and the survey and identification of manual scavengers is still not carried out well in many Indian states and there is a mismatch between the number of insanitary latrines and manual scavengers identified.
