MINISTER OF STATE FOR SOCIAL JUSTICE AND EMPOWERMENT
(SHRI RAMDAS ATHAWALE)
(a), (b) & (e): Manual scavenging is prohibited under “Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013 (MS Act 2013)” in all the States and Union Territories with effect from 06.12.2013. However, the persons who were engaged as manual scavengers have been identified as per the provisions of the Act and through National Survey of manual scavengers undertaken during 2018-19. State-wise details of manual scavengers identified upto 31.10.2019 are at Annexure-I.
(c): Sanitation being a State subject, sanitation workers including manhole cleaners are engaged by the local bodies like Municipal Corporations, Municipalities and Gram Panchayats. No data regarding the sanitation workers including manhole cleaners is maintained by the Ministry of Social Justice and Empowerment.
(d): No separate data regarding the manhole cleaners who have died while cleaning manholes is maintained by the Ministry. However, details of the persons who have died while cleaning sewers and septic tanks as reported by the States to the National Commission for Safai Karamcharis are at Annexure-II.
(f): The Government is ensuring that the provisions of the Act are implemented in totality. Under section 6 of the MS Act, 2013 any contract, agreement or other instrument entered into or executed before the date of commencement of this Act, engaging or employing a person for the purpose of manual scavenging shall, on the date of commencement of this Act, be terminated and such contract, agreement or other instrument shall be void. Under Section 8 of the MS Act, 2013 whoever contravenes the provisions of section 5 or section 6 shall for the first contravention be punishable with imprisonment for a term which may extend to one year or with five which may extend to fifty thousand rupees or with both, and for any subsequent contravention with imprisonment which may extend to two years or with fine which may extend to one lakh rupees, or with both.
The Act also provides for identification of Insanitary latrines and their conversion into sanitary latrines so as to eliminate the need for manual scavenging. Under the Swachh Bharat Mission implemented by the Ministries of Drinking Water and Sanitation and Housing and Urban Affairs the insanitary latrines in Rural and Urban areas have been identified and converted into sanitary latrines to eliminate manual scavenging.
(g): The Ministry of Housing and Urban Affairs have circulated the Standard Operating Procedure for cleaning of sewers and septic tanks to all States and Union Territories and also requested the States to setup appropriately staffed and equipped Emergency Response Sanitation Units (ERSUs) under Responsible Sanitation Authority in major cities and State capital and promote mechanized cleaning of sewers and septic tanks. In addition, National Safai Karamcharis Finance and Development Corporation (NSKFDC) organizes workshops in municipalities for engineers, sanitary inspectors, sanitary workers and contractors on safe cleaning of sewers and septic tanks and also create awareness about the provisions of MS Act, 2013 and “Prohibition of Employment as Manual Scavengers and their Rehabilitation Rules, 2013 (MS Rules 2013)” regarding employer’s obligations to provide safety gear/equipment and ensure safety precautions. 453 such workshops have been organized from 02nd October, 2018 to 25.10.2019.
NSKFDC is also implementing a scheme, Swachhta Udyami Yojana under which loan upto Rs. 50 lakh is provided to the municipalities for purchase of equipment/vehicles for mechanized cleaning of sewers and septic tanks. The State Governments have been requested to issue instructions to the municipalities to enter into Memorandum of Understanding with NSKFDC in this regard.
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