Urgent Measures Required to Ensure Effective Implementation of the Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013

The recent hearing conducted by the Supreme Court on the implementation of the Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013, has brought to light severe concerns regarding the compliance and monitoring of this legislation. This act aims to eradicate the inhuman practice of manual scavenging and rehabilitate those affected. However, it has been observed that several states still need to take appropriate steps to establish state-level survey committees as mandated by the Act. Additionally, vigilance committees’ non-formation and ineffective functioning have raised concerns about adequately implementing the law.

The Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013 aims to eradicate the practice of manual scavenging and promote the rehabilitation of manual scavengers. It prohibits the engagement or employment of manual scavengers and the construction or maintenance of insanitary latrines. It also provides for the identification, survey, verification, and rehabilitation of manual scavengers and monitoring the implementation of the Act at various levels.

The implementation gap in the Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013, is a serious concern. The fact that only five states have taken steps to establish state-level survey committees as mandated by the Act highlights a significant gap in compliance among the various states. This gap poses a critical challenge to effectively monitoring and enforcing the law nationwide.

• By failing to establish these committees, the states need to pay more attention to the crucial responsibility of conducting surveys to identify manual scavengers and gather essential data. These surveys play a pivotal role in creating awareness about the prevalence of manual scavenging and providing the necessary support and intervention.
• Furthermore, the non-formation and ineffective functioning of vigilance committees further hinders the implementation of the Act. Vigilance committees are responsible for monitoring the implementation of the Act, examining complaints, and taking appropriate action against violators. Their absence or lack of functioning compromises the oversight and accountability mechanisms that are vital in eradicating the practice of manual scavenging.

The non-formation and ineffective functioning of vigilance committees pose significant challenges to implementing the Act and eradicating manual scavenging.

• The vigilance committees are tasked with monitoring the implementation of the Act at various levels, ensuring compliance, and taking action against violators. However, the absence or non-functioning of these committees undermines the enforcement mechanism envisioned by the legislation. The lack of oversight allows the continuation of manual scavenging practices, perpetuating the exploitation and indignity of those engaged in this occupation.
• Moreover, the vigilance committees are a critical link between the affected individuals and the authorities responsible for rehabilitation. These committees play a crucial role in addressing complaints, providing necessary assistance, and ensuring timely and effective implementation of rehabilitative measures. The absence of functioning vigilance committees leaves the affected individuals without a proper platform to voice their grievances and seek redressal.
• The non-convening of many vigilance committees for 3-4 years further exemplifies the need for more commitment and dedication toward eradicating manual scavenging. These committees must regularly meet, assess progress, and identify areas requiring immediate attention. Their non-functioning indicates a need for more awareness and urgency in enforcing the provisions of the Act and providing justice to the affected individuals.
• The practical implementation of the Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013, is essential in addressing the issue of manual scavenging and rehabilitating those affected by it. The establishment of state-level survey committees and the functioning of vigilance committees are crucial aspects of this implementation.

Without these committees’ active involvement and consistent functioning, eradicating manual scavenging and rehabilitating its victims will remain distant goals. The authorities must prioritize the formation and functioning of these committees to protect all individuals’ human rights and dignity, regardless of their occupation.

The practical implementation of the Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013, is paramount in addressing manual scavenging and ensuring the rehabilitation of affected individuals. With robust implementation, the objectives of eradicating this inhuman practice and supporting those engaged in it can be achieved.

First and foremost, proper implementation of the Act is crucial in identifying and eradicating manual scavenging nationwide. One of the provisions of the Act mandates the establishment of state-level survey committees. These committees are pivotal in conducting comprehensive surveys to identify manual scavengers and their rehabilitation needs. By failing to establish these committees, states not only hinder the collection of accurate data but also impede efforts to create awareness about the prevalence of manual scavenging and devise appropriate strategies for eradication.

Moreover, effective implementation requires the formation of vigilance committees at different levels. These committees are responsible for monitoring the implementation of the Act, investigating complaints, and taking necessary action against violators. Such committees or their non-functioning need to be revised to strengthen the oversight and accountability mechanisms, perpetuating manual scavenging practices without consequence.

Furthermore, proper implementation ensures the provision of various rehabilitative measures to those affected by manual scavenging. The Act lays down provisions for manual scavengers’ identification, rehabilitation, and alternative livelihood opportunities. By effectively implementing these provisions, the affected individuals can be empowered and provided with the necessary support to escape their exploitative occupation and integrate into mainstream society.

During the Supreme Court hearing, it was brought to light that only five states, namely Chhattisgarh, Odisha, Karnataka, Rajasthan, and West Bengal, have taken steps to establish state-level survey committees as mandated by the Act. This indicates a significant need for compliance among the remaining states. Establishing these committees is crucial to effectively identify and verify manual scavengers and determine the measures required for their rehabilitation.

Furthermore, the court-appointed amicus curiae, advocate K Parameshwar, highlighted the non-formation of vigilance committees per the Act. The Safari Karmchari Commission has repeatedly emphasized the importance of these committees in overseeing the implementation of the Act at different levels. Even among the committees that have been formed, many have not convened for a period ranging from 3 to 4 years, reflecting the lack of effective action and oversight.

The Supreme Court, as the highest judicial forum in India, plays a crucial role in ensuring the effective implementation of laws, including the Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013. The Supreme Court can hear and decide matters related to implementing and enforcing the Act through its jurisdiction. The recent hearing conducted by the division bench, comprising Justice Ravindra Bharat and Justice Aravind Kumar, showcased its commitment to addressing the concerns raised by the non-compliance and lack of implementation of the Act.

• By appointing an Amicus Curiae advocate, K. Parameshwar, the Supreme Court has demonstrated its keen interest in thoroughly examining the issues. The Amicus Curiae has highlighted the gaps in compliance, particularly the failure to establish state-level survey committees and the non-functioning vigilance committees.
• By raising queries to the center about the lack of action by the states, the Supreme Court emphasizes the need for urgent measures and more vigorous enforcement to address this pressing issue. The court’s intervention further underscores its commitment to ensuring the rights and dignity of individuals affected by manual scavenging.

The current situation regarding implementing the Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013 raises severe concerns about eradicating manual scavenging and rehabilitating affected individuals. The non-compliance of several states in establishing state-level survey committees and the lack of functioning vigilance committees indicate a significant gap in the enforcement and monitoring of the legislation. The states must take immediate action to establish these committees and ensure effective implementation of the Act. Further, the Supreme Court’s intervention and inquiry emphasize the urgency and need for more robust enforcement measures to combat this inhuman practice. Only through collective efforts and strict adherence to the provisions of the Act can we ensure the eradication of manual scavenging and the realization of a more equitable society for all.