Tuesday, September 10, 2013

Manual Scavenging Bill

Manual scavenging still survives in parts of India without proper sewage systems. It is thought to be most prevalent in Gujarat, Madhya Pradesh, Uttar Pradesh,  and Rajasthan. Some municipalities in India still run public dry-toilets.  The manual removal of human    and animal excreta is done using brooms, small tin plates, and baskets carried on the head. The allocation of labour on the basis of caste is one of the fundamental tenets of the Hindu caste
system. Within this system, Dalits have been assigned tasks and  occupations which are deemed ritually polluting by other caste  communities - such as sweeping, disposal of dead animals and leather  work. By reason of their birth, Dalits are considered to be "polluted",  and the removal of human and animal waste by members of the "sweeper"  community is allocated to them and strictly enforced Due to the nature  of the job, many of the workers have related health problems. There are  about 3.5 lakh people who work as manual scavengers in India. It is  noteworthy that the Prohibition of Employment as Manual Scavengers and  their Rehabilitation Bill, was passed by Parliament on September 8, 2013 The Bill prescribes stringent punishment, including imprisonment up to five years. The Bill has a wider scope for higher penalties than what was provided under the 1993 Act. Offences under the Bill are cognisable and non-boilable and may be tried summarily. It has provisions for rehabilitation of manual scavengers and their family members as well. Under the new law, each occupier of an insanitary latrine is responsible for converting or demolishing it at his own cost. If he fails to do so, the local authority will convert the latrine and recover the cost from him. Each local authority, cantonment board and railway authority are responsible for surveying insanitary latrines within their jurisdiction. The new law includes    provisions for rehabilitation of manual scavengers and their family    members as well. This Bill has a wider scope for higher penalties than what was provided under the 1993 Act . The Bill seeks to prohibit employment of individuals as manual scavengers by prescribing  stringent punishment, including imprisonment up to five years, to those  employing such labour and also their rehabilitation. But mere passing of  the Bill is not going to solve the problem. Concrete steps have to be  taken to implement the Act. It is great that Supreme Court has  proposed to examine the provisions of the Act threadbare to see  whether it meets necessary requirements to wipe out the social stigma  attached to a section of society.

Decan Herald,  September 10, 2013

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