Law prohibits employment of manual scavengers

However, on March 27 last year, a Supreme Court bench headed by the then Chief Justice of India, P Sathasivam, had ruled that entering sewer lines without safety gears should be made a crime even in emergency situations. “For each such death, compensation of Rs 10 lakh should be given to the family of the deceased,” the apex court had ordered, adding that the families of all persons died in sewerage work (manholes, septic tanks) since 1993 should be identified and awarded a compensation of Rs 10 lakh for each such death.

[related-post]

If anyone contravenes provisions of the 2013 Act, he/she shall for the first contravention be punishable with imprisonment for a term extending up to two years, or with fine which may extend up to Rs 2 lakh, or with both.

However, for any subsequent contravention, the person may be imprisoned up to five years, or with fine extending up to Rs 5 lakh, or with both.

There is a limitation of prosecution under the Act that no court can take cognisance of any such offence except upon a complaint made by a person within three months from the date of occurrence of the commission of offence.

The Act also says that any contract or agreement entered into before the commencement of the Act for engaging or employing a person for manual scavenging shall on the date of commencement of the Act be terminated and no compensation shall be payable therefor. But keeping in view the welfare of the manual scavengers, a provision was made that no person employed as a manual scavenger on a full-time basis shall be retrenched by his employer. But he/she shall be retained, subject to his/her willingness, in employment on at least same emoluments and shall be assigned work other than manual scavenging.

The apex court had last year ordered the authorities concerned to fully implement the 2013 Act and take appropriate action for non-implementation as well as violation of the provisions contained in the Act. The judgment had further clarified that the persons aggrieved are permitted to approach the authorities concerned at the first instance and thereafter the respective high court having jurisdiction.

‘Will check’

Secretary (Local Bodies) Anurag Agarwal said that he was not aware whether the UT had notified the Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013, which otherwise was mandatory as per law. “I will check its status on Monday and necessary action will be taken,” he said.