manual scavenging in india : issues & challenges
TRANSCRIPT
Assistant Professor of LawAssistant Professor of Law
KALPESHKUMAR L GUPTAKALPESHKUMAR L GUPTA
State Level Seminar on State Level Seminar on Law & Society in 21Law & Society in 21stst CenturyCenturyMay 31, 2015May 31, 2015 1
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Outline of the presentation
1.Introduction2.Research Methodology3.Law on Manual Scavenging
in India4.Recent Scenario of Manual
Scavenging in India5.Concluding Remarks6.Q & A
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Outline of the presentation
1.Introduction2.Research Methodology3.Law on Manual Scavenging
in India4.Recent Scenario of Manual
Scavenging in India5.Concluding Remarks6.Q & A
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Manual scavenging is the worst surviving symbol of untouchability.
- National Advisory Council resolution, October 23, 2010
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Introduction :-
Manual Scavenging & Constitution of India
Article 14 - Right to Equality
Article 17 – Untouchability
Article 21 - Right to Life & Liberty
Article 46 - Promotion of educational and economic interests of Scheduled Castes, Scheduled Tribes and other weaker sections
Article 47 - Duty of the State to raise the level of nutrition and the standard of living and to improve public health
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Introduction :-
Statistics on Manual Scavenging
-Around 1.3 million manual scavengers in India
-95% are women.
-Around 10 billion dry latrines being cleaned manually.
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Introduction :-
Previous Laws on Manual Scavengers
-Employment of Manual Scavengers and Constructions of Dry latrines (Prohibition) Act, 1993
-National Commission for Safai Karamcharis Act, 1993
-Finally new law..
The Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013
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Outline of the presentation
1.Introduction2.Research Methodology3.Law on Manual Scavenging
in India4.Recent Scenario of Manual
Scavenging in India5.Concluding Remarks6.Q & A
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Research Methodology
Present research work is based upon secondary data in
form of articles, news clippings, judicial decisions,
documentaries on the life of manual scavengers in India.
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Outline of the presentation
1.Introduction2.Research Methodology3.Law on Manual Scavenging
in India4.Recent Scenario of Manual
Scavenging in India5.Concluding Remarks6.Q & A
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Manual Scavengers defined
…means a person engaged or employed, at the commencement of this Act or at any time thereafter, by an individual or a local authority or an agency or a contractor,
……for manually cleaning, carrying, disposing of, or otherwise handling in any manner, human excreta in an insanitary latrine or in an open drain or pit into which the human excreta from the insanitary latrines is disposed of, or on a railway track or in such other spaces or premises, as the Central Government or a State Government may notify, before the excreta fully decomposes in such manner as may be prescribed, and the expression “manual scavenging” shall be construed accordingly.
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Prohibition on Manual Scavengers
- No person, local authority or any agency shall construct an insanitary latrines or employ or engage manual scavengers (Section 5). For contravention upto 1 year Imprisonment or with fine upto 50,000 or both (Section 8).
- Not engage a person for hazardous cleaning of a sewer or a septic tank. For contravention upto 2 year Imprisonment or with fine upto 2 Lakh or both (Section 9).
- Complaint within 3 months of the alleged commission of the offence (Section 10)
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Manual Scavengers & their Rehabilitation
- Every municipality, Panchayat shall prepare list of manual
scavengers. They will be given ID card having details of
family members, dependents.
- Children will be entitled for scholarship.
- Allotment of residential plot and financial assistance for
house construction or ready made house.
- He or his one of family member will be given skill training
and minimum Rs. 3000 will be given as stipend.
- He or at least one adult member of his family shall be
given subsidy and concessional loan for taking up an
alternative occupation.
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Authorities for rehabilitation & trial of cases
- The District Magistrate of the district shall be responsible
for rehabilitation of each manual scavengers.
- All offences will be tried by Executive Magistrate u/s 21 of
the Act.
- Vigilance Committee for each district headed by District
Magistrate to advise District Magistrate/Sub-DM on the
actions which need to be taken to oversee the economic
and social rehabilitation of manual scavengers, to monitor
registration of offences under the act and their
investigation and prosecution (Section 25).
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Monitoring Committee
- Every state govt. shall constitute State Monitoring
Committee which will monitor and advise the state govt.
and local authorities for effective implementation of act
(Section 26, 27)
- Central Govt. will also Central Monitoring Committee
which will advise central & state govt. (Section 30).
- National Commission for Safai Karamcharis will monitor
the implementation of this act and advise central & state
govt. for effective implementation of the act and to take
suo-moto notice of matter relating to non-implementation
of the act (Section 31).15
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Implementing Authorities16
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Outline of the presentation
1.Introduction2.Research Methodology3.Law on Manual Scavenging
in India4.Recent Scenario of Manual
Scavenging in India5.Concluding Remarks6.Q & A
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Recent Scenario of Manual Scavenging
- Safai Karamchari Andolan v/s. Union of India (Writ
petition filed in 2003 decided on March 27, 2014) for
implementation of laws on manual scavenging.
- National Commission of Safai Karamchari reported that
act not being implemented.
- CAG reported that National Scheme for Liberalization and
Rehabilitation of Scavengers and their dependents
(Started in 1992) has failed to achieve its objectives
involving investment more than Rs. 600 crore even after
ten years of implementation. Money was unspent &
underutilized.18
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Recent Scenario of Manual Scavenging
The High Court of Gujarat disposed of a suo-motu public interest litigation (PIL) with regard to manual scavenging after directing the state government to strictly implement the law and take "all necessary steps" to abolish the practice. The bench also directed the government to strictly implement the law to abolish the practice (The New Indian Express).
As per Union Minister of Social Justice “only few states furnishing information on manual scavenging” (Zee News).
Madras HC directed state govt. to implement the act in response of PIL. District level vigilance committee and state level monitoring committee to be constituted (The Hindu).
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Outline of the presentation
1.Introduction2.Research Methodology3.Law on Manual Scavenging
in India4.Recent Scenario of Manual
Scavenging in India5.Concluding Remarks6.Q & A
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Conclusion
- Manual Scavenging still prevalent in India.
- Central & State Govt. have failed to implement the
law on manual scavenging.
- SC & Various HC directing states to implement the
law.
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Recommendation
- Need high-tech equipments.
- Funds for rehabilitation of manual scavengers.
- Sanitation facilities for citizens.
- Robust strategy for implementing the law of manual scavengers.
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Limitations of the study & Future Scope of study
- Present study is based on secondary data which is the
main limitation of the present research.
- Present study can be carried forward by doing field
survey and collecting primary data which will help in
arriving proper findings
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Outline of the presentation
1.Introduction2.Research Methodology3.Law on Manual Scavenging
in India4.Recent Scenario of Manual
Scavenging in India5.Concluding Remarks6.Q & A
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Richard Abraham (2015), “HC directs strict implementation of law on manual scavenging”, New Indian Express, February 10, 2015. Social Inclusion of Manual Scavengers, Report of National Round Table Discussion, New Delhi, December 21, 2012. Cleaning Human Waste, Manual Scavenging, Caste and Discrimination in India report prepared by Human Rights Watch, 2014. Constitution of India The Employment of Manual Scavengers and Constructions of Dry Latrines (Prohibition) Act, 1993 The Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013 National Commission for Safai Karamcharis Act, 1993 The Hindu Zee News Sewer men of Mumbai, https://www.youtube.com/watch?v=tWBCsn6pQWc Manual Scavenging, https://www.youtube.com/watch?v=gWuPn4FkIZ4
References :-
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Kalpeshkumar L [email protected] 28