The Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition) Act, 1993
1. Background and Purpose
Manual scavenging refers to the cleaning, carrying, disposing, or handling of human excreta by hand.
Historically, this work was imposed on certain marginalized communities, leading to inhuman conditions and violation of human dignity.
The Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition) Act, 1993 was enacted to:
Completely prohibit employment of manual scavengers.
Prohibit construction of dry latrines.
Promote rehabilitation and alternative employment for affected workers.
It aims to uphold human dignity and comply with Articles 21, 23, and 24 of the Constitution.
2. Key Definitions
Manual Scavenger → A person engaged in manual cleaning or carrying of human excreta from dry latrines, sewers, septic tanks, or pits.
Dry Latrine → A latrine or toilet system without water flushing, requiring manual removal of excreta.
Construction of Dry Latrine → Any building or installation of toilets that involve manual scavenging in maintenance.
3. Main Provisions
(A) Prohibition
Employment of manual scavengers is completely prohibited.
Construction of dry latrines is banned.
No person or institution shall engage anyone for cleaning human excreta manually.
(B) Duties of Government
Governments must identify manual scavengers and provide alternative employment or rehabilitation schemes.
Incentives are given for constructing sanitary latrines to replace dry latrines.
Periodic inspections are mandated to ensure compliance.
(C) Penalties
Any employer or contractor who employs a manual scavenger or constructs dry latrines may face:
Imprisonment up to 6 months.
Fine up to ₹10,000.
Repeat offences may attract higher punishment.
(D) Rehabilitation
Provision for vocational training, education, and financial assistance to rehabilitate manual scavengers.
Priority for employment in government and local bodies where possible.
4. Case Laws
(i) People’s Union for Civil Liberties (PUCL) v. Union of India (1996, Supreme Court)
Concerned manual scavenging in Delhi and other cities.
Supreme Court held that employment of manual scavengers is violative of human dignity and fundamental rights.
Directed governments to identify manual scavengers and rehabilitate them.
(ii) State of Karnataka v. Mahadevappa (2001, Karnataka High Court)
Case related to deaths of workers while cleaning septic tanks manually.
Court held that contractors and authorities are liable under the 1993 Act.
Emphasized that manual scavenging is illegal regardless of tradition or custom.
(iii) Safai Karamchari Andolan Cases (Various High Courts, 2005–2015)
Various petitions by NGOs highlighted continued employment of manual scavengers.
Courts repeatedly directed strict enforcement of the Act and rehabilitation programs.
Highlighted the failure of local authorities to prevent illegal employment.
5. Constitutional Basis
Article 21 → Right to life and dignity.
Article 23 → Prohibition of forced labour.
Article 24 → Prohibition of employment of children in hazardous work.
Directive Principles (Article 39, 46) → Protect socially and educationally backward classes, improve conditions of marginalized communities.
6. Importance of the Act
Protects human dignity by eradicating manual scavenging.
Promotes sanitation and hygiene by prohibiting dry latrines.
Provides rehabilitation and alternative employment for marginalized workers.
Encourages social justice and empowerment of backward communities.
Strengthens legal and constitutional safeguards against exploitation.
✅ Summary:
The Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition) Act, 1993 bans manual scavenging and construction of dry latrines, while promoting rehabilitation and alternative employment. Courts, including the Supreme Court in PUCL v. Union of India, have emphasized strict enforcement to protect human dignity and ensure compliance.
RELATED Blog
0 comments