Ministry of Social Justice and Empowerment
The Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition) Act, 1993, is a landmark legislation in India aimed at eradicating the inhumane practice of manual scavenging and promoting safer sanitation. Manual scavenging, the practice of manually cleaning, carrying, or disposing of human excreta, has historically been prevalent in India, particularly affecting marginalized communities. The Act prohibits this practice and mandates the construction and maintenance of water-seal latrines, which are significantly more hygienic and environmentally sound. This Act falls under the Ministry of Social Justice and Empowerment.
Enactment Date, Number of Chapters, Number of Sections:
The Act was enacted on June 5, 1993, and came into force on January 26, 1997. It consists of five chapters and 24 sections.
Act Governed By:
The Act is primarily enforced by State Governments, which appoint Executive Authorities to implement its provisions within designated areas. The Act also involves the Housing and Urban Development Corporation Limited (HUDCO) in providing financial assistance for sanitation projects.
On Whom It Is Applicable:
The Act applies to all individuals and entities within the specified states and union territories. It prohibits any person from engaging in or employing others for manual scavenging and restricts the construction or maintenance of dry latrines. It also places obligations on property owners, local bodies, and government agencies to ensure proper sanitation facilities.
Penalties/Punishments:
The Act prescribes penalties, including imprisonment and fines, for contravening its provisions. Penalties can be imposed for employing manual scavengers, constructing or maintaining dry latrines, and failing to comply with schemes or directions issued under the Act. Offenses by companies are also addressed, holding both the company and responsible individuals liable.
Important Pointers:
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Prohibits the employment of manual scavengers and the construction or maintenance of dry latrines.
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Empowers State Governments to make schemes for converting dry latrines to water-seal latrines and rehabilitating manual scavengers.
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Provides for the appointment of Executive Authorities and inspectors to enforce the Act’s provisions.
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Mandates HUDCO to extend financial assistance for sanitation projects in certain cases.
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Allows for the levy of fees for community and shared latrines.
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Makes offenses under the Act cognizable.