The document summarizes Kalpeshkumar L Gupta's presentation on manual scavenging in India. It discusses how manual scavenging persists despite being banned by law. The presentation outlines India's laws prohibiting manual scavenging and rehabilitating scavengers. However, implementation has been ineffective as the practice continues unabated. It notes various court orders directing states to enforce the laws. In conclusion, it recommends robust strategies and adequate funds are needed to fully rehabilitate scavengers and eliminate the practice to realize social equality as per the constitution.

1. Assistant Professor of LawAssistant Professor of Law
KALPESHKUMAR L GUPTAKALPESHKUMAR L GUPTA
State Level Seminar on Law &State Level Seminar on Law &
Society in 21Society in 21stst
CenturyCentury
May 31, 2015May 31, 2015
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2. (C) K L GUPTA(C) K L GUPTA
Outline of the presentation
1.Introduction
2.Research Methodology
3.Law on Manual Scavenging
in India
4.Recent Scenario of Manual
Scavenging in India
5.Concluding Remarks
6.Q & A
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3. (C) K L GUPTA(C) K L GUPTA
Outline of the presentation
1.Introduction
2.Research Methodology
3.Law on Manual Scavenging
in India
4.Recent Scenario of Manual
Scavenging in India
5.Concluding Remarks
6.Q & A
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4. (C) K L GUPTA(C) K L GUPTA
Manual scavenging is the worst surviving
symbol of untouchability.
- National Advisory Council resolution, October 23, 2010
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5. (C) K L GUPTA(C) K L GUPTA
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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Cont…

6. (C) K L GUPTA(C) K L GUPTA
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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Cont…
Cont…

7. (C) K L GUPTA(C) K L GUPTA
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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Cont…

8. (C) K L GUPTA(C) K L GUPTA
Outline of the presentation
1.Introduction
2.Research Methodology
3.Law on Manual Scavenging
in India
4.Recent Scenario of Manual
Scavenging in India
5.Concluding Remarks
6.Q & A
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9. (C) K L GUPTA(C) K L GUPTA
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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10. (C) K L GUPTA(C) K L GUPTA
Outline of the presentation
1.Introduction
2.Research Methodology
3.Law on Manual Scavenging
in India
4.Recent Scenario of Manual
Scavenging in India
5.Concluding Remarks
6.Q & A
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11. (C) K L GUPTA(C) K L GUPTA
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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12. (C) K L GUPTA(C) K L GUPTA
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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13. (C) K L GUPTA(C) K L GUPTA
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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14. (C) K L GUPTA(C) K L GUPTA
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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15. (C) K L GUPTA(C) K L GUPTA
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).
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16. (C) K L GUPTA(C) K L GUPTA
Implementing Authorities
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17. (C) K L GUPTA(C) K L GUPTA
Outline of the presentation
1.Introduction
2.Research Methodology
3.Law on Manual Scavenging
in India
4.Recent Scenario of Manual
Scavenging in India
5.Concluding Remarks
6.Q & A
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18. (C) K L GUPTA(C) K L GUPTA
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.
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19. (C) K L GUPTA(C) K L GUPTA
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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20. (C) K L GUPTA(C) K L GUPTA
Outline of the presentation
1.Introduction
2.Research Methodology
3.Law on Manual Scavenging
in India
4.Recent Scenario of Manual
Scavenging in India
5.Concluding Remarks
6.Q & A
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21. (C) K L GUPTA(C) K L GUPTA
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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22. (C) K L GUPTA(C) K L GUPTA
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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23. (C) K L GUPTA(C) K L GUPTA
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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24. (C) K L GUPTA(C) K L GUPTA
Outline of the presentation
1.Introduction
2.Research Methodology
3.Law on Manual Scavenging
in India
4.Recent Scenario of Manual
Scavenging in India
5.Concluding Remarks
6.Q & A
24

25. (C) K L GUPTA(C) K L GUPTA 25

26. (C) K L GUPTA(C) K L GUPTA
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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28. Kalpeshkumar L Gupta
advocatekgupta@gmail.com 28