Commission Pursues the Issue of Abolition of Manual Scavenging
The National Human Rights Commission has been deeply concerned about the inhuman and degrading practice of manual handling of night soil, which is prevalent even today in certain parts of the country. The Commission considers this to be an affront to human dignity and a major social evil. Despite the launching of a National Scheme for Liberation and Rehabilitation of Scavengers and their dependants in March 1992, the Commission has noticed that the implementation of this Scheme is dismal, except in a few States.
The Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition) Act, 1993 prohibits the employment of Manual Scavengers as well as construction or continuance of Dry Latrines. The Central Government pursuant to the enactment of the Act, in 1993 issued a notification on 24 January 1997, bringing the Act into force from 26 January 1997 in all the Union Territories and six states viz. Andhra Pradesh, Goa, Karnataka, Maharashtra, Tripura and West Bengal.
The Commission has been pursuing the implementation of the Employment of Manual Scavengers and Construction of Dry latrines (Prohibitions) Act, 1993. Accordingly, letters were addressed to the Union Ministers of Welfare, Urban Affairs and Employment and Chief Ministers of all States/Administration of UTs on 24 January 1997 and 8 February 1997 respectively.
The Commission has also been interacting with the National Commission for Safai Karamcharis, Ministry of Social Justice and Empowerment, Ministry of Urban Affairs and Employment, Ministry of Rural Areas and Employment etc. for evolving suitable measures to eradicate this social evil. In a meeting held earlier between the Commission and the Chairman and Members of the National Commission for Safai Karamcharis, it was decided that the two Commissions would seek a joint meeting of the Union Ministries of Welfare, Rural Areas and Employment and Urban Affairs and Employment to chalk out a combined strategy to widen the role and efforts of these agencies.
The Commission discussed the problem in details in such a meeting, held on 6 April 1999. The Union Minister for Urban Affairs and Employment, Shri Ram Jethmalani, Minister of State for Social Justice and Empowerment, Smt. Maneka Gandhi, Chairperson, National Commission for Safai Karamcharis, Shri K. M. Muniyappa and Members of the NHRC attended this meeting which was presided over by Justice M. N. Venkatachaliah, Chairperson, NHRC. The consensus arrived at in the meeting was that the inhuman and degrading practice of manual handling of night soil is a major social evil that needs to be eradicated. The problem of rehabilitation of persons engaged in manual scavenging as a consequence of the conversions of dry latrines into wet latrines was also discussed. It was also decided to set up a Group consisting of Secretaries in the Ministry of Urban Affairs and Employment, Social Justice and Empowerment, Law and Justice and also a representative of the Planning Commission, at an appropriate level, to consider and make recommendations on the following issues:
Whether legislation in this matter was outside the competence of the Union Parliament and thereafter necessitating recourse to the procedure envisaged under Article 252, or whether, in pith and substance, it was encompassed in the legislative field in entry 24 of List III.
If the legislation was one under entry 24 of List III, could it, with appropriate amendments, be extended to the whole of India without reference to the legislatures of the States?
Whether rehabilitation schemes could be funded in States which have not adopted the legislation.’
The mechanism for expediting the conversion of dry latrines into wet latrines both in urban and rural areas.
Programmes for rehabilitation of Safai-Karamcharis relieved from the manual scavenging jobs.
The latest position in respect of the Manual Scavengers and Construction of Dry Latrines (Prohibition) Act, 1993 is summarised as under:
Central Act Applicable:
Andhra Pradesh, Goa, Karnataka, Maharashtra, Tripura, West Bengal and all UTs implemented on 26.1.1997
Central Act Adopted:
Assam, Haryana, Orissa, Punjab, Gujarat, Bihar and Mahdya Pradesh.
Central Act adoption under consideration
Rajasthan, Tamil Nadu and Uttar Pradesh
No decision taken as yet
Arunachal Pradesh, Kerala, Jammu & Kashmir, Himachal Pradesh, Meghalaya, Manipur, Mizoram, Nagaland and Sikkim.
The Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition) Act, 1993 prohibits the employment of Manual Scavengers as well as construction or continuance of Dry Latrines. The Central Government pursuant to the enactment of the Act, in 1993 issued a notification on 24 January 1997, bringing the Act into force from 26 January 1997 in all the Union Territories and six states viz. Andhra Pradesh, Goa, Karnataka, Maharashtra, Tripura and West Bengal.
The Commission has been pursuing the implementation of the Employment of Manual Scavengers and Construction of Dry latrines (Prohibitions) Act, 1993. Accordingly, letters were addressed to the Union Ministers of Welfare, Urban Affairs and Employment and Chief Ministers of all States/Administration of UTs on 24 January 1997 and 8 February 1997 respectively.
The Commission has also been interacting with the National Commission for Safai Karamcharis, Ministry of Social Justice and Empowerment, Ministry of Urban Affairs and Employment, Ministry of Rural Areas and Employment etc. for evolving suitable measures to eradicate this social evil. In a meeting held earlier between the Commission and the Chairman and Members of the National Commission for Safai Karamcharis, it was decided that the two Commissions would seek a joint meeting of the Union Ministries of Welfare, Rural Areas and Employment and Urban Affairs and Employment to chalk out a combined strategy to widen the role and efforts of these agencies.
The Commission discussed the problem in details in such a meeting, held on 6 April 1999. The Union Minister for Urban Affairs and Employment, Shri Ram Jethmalani, Minister of State for Social Justice and Empowerment, Smt. Maneka Gandhi, Chairperson, National Commission for Safai Karamcharis, Shri K. M. Muniyappa and Members of the NHRC attended this meeting which was presided over by Justice M. N. Venkatachaliah, Chairperson, NHRC. The consensus arrived at in the meeting was that the inhuman and degrading practice of manual handling of night soil is a major social evil that needs to be eradicated. The problem of rehabilitation of persons engaged in manual scavenging as a consequence of the conversions of dry latrines into wet latrines was also discussed. It was also decided to set up a Group consisting of Secretaries in the Ministry of Urban Affairs and Employment, Social Justice and Empowerment, Law and Justice and also a representative of the Planning Commission, at an appropriate level, to consider and make recommendations on the following issues:
Whether legislation in this matter was outside the competence of the Union Parliament and thereafter necessitating recourse to the procedure envisaged under Article 252, or whether, in pith and substance, it was encompassed in the legislative field in entry 24 of List III.
If the legislation was one under entry 24 of List III, could it, with appropriate amendments, be extended to the whole of India without reference to the legislatures of the States?
Whether rehabilitation schemes could be funded in States which have not adopted the legislation.’
The mechanism for expediting the conversion of dry latrines into wet latrines both in urban and rural areas.
Programmes for rehabilitation of Safai-Karamcharis relieved from the manual scavenging jobs.
The latest position in respect of the Manual Scavengers and Construction of Dry Latrines (Prohibition) Act, 1993 is summarised as under:
Central Act Applicable:
Andhra Pradesh, Goa, Karnataka, Maharashtra, Tripura, West Bengal and all UTs implemented on 26.1.1997
Central Act Adopted:
Assam, Haryana, Orissa, Punjab, Gujarat, Bihar and Mahdya Pradesh.
Central Act adoption under consideration
Rajasthan, Tamil Nadu and Uttar Pradesh
No decision taken as yet
Arunachal Pradesh, Kerala, Jammu & Kashmir, Himachal Pradesh, Meghalaya, Manipur, Mizoram, Nagaland and Sikkim.