Section 10 in The Employment Of Manual Scavengers And Construction Of Dry Latrines (Prohibition) Act, 1993
10.
/519Statement of Objects and Reasons.-Despite the fact that concerted efforts have been made to eliminate the dehumanising practice of employing persons for carrying human excreta on their heads or like wise, the practice still persists in certain parts of the country. It is, therefore, proposed to prohibit the said practice by making the employment or engagement of manual scavengers a punishable offence. Further, a massive centrally sponsored programme is under implementation for conversion of dry latrines into, and construction of, new water-seal latrines in buildings. On completion of the programme in a State, it has to declare itself as a manual scavenger free State. In order to supplement the existing efforts for complete elimination of dry latrines and to ensure the construction of water-seal latrines in all buildings, it is also proposed to make constructions or maintenance of dry latrines as a punishable offence.(2) It is also felt that the existing municipal laws are not stringent enough to eliminate the practices. However, as the subject-matter "manual scavenging", in pith and substance, falls under the State List, suitable uniform legislation for the whole of India could not be made without the necessary resolutions being passed by the various State Legislatures. The Legislatures of the State of Goa, Karnataka, Maharashtra, Tripura and West Bengal have passed by necessary resolutions in pursuance of clause (1) of article 252 of the Constitution empowering Parliament to undertake the legislation for prohibiting employment of manual scavengers as well as construction or continuance of dry latrines and for the regulation of construction and maintenance of water-seal latrines and for matters connected therewith or incidental thereto.(3) The Bill inter alia, provides for-(a) making employment or engaging of manual scavenger a punishable offence; (b) formulation of various schemes for conversion of dry latrines into water-seal latrines, rendering of technical and financial assistance for new or alternative low cost sanitation to local bodies and other agencies, construction and maintenance of community latrines and regulation of their use on pay and use basis, construction and maintenance of shared latrines in slum areas for the benefit of socially and economically backward classes of citizens, registration of manual scavengers and their rehabilitation through alternative employments, etc., and financing by the Housing and Urban Development Corporation Limited or other agencies for the construction of water-seal latrines or conversion of dry latrines into water-seal latrines; (c) proper implementation of the legislation by the State Governments through the Executive Authorities; (d) the appointment of proper inspection staff; (e) constitution of Project Committees for appraising of the schemes for the construction of water-seal latrines in the country and Monitoring Committees for the monitoring of the progress of the schemes, etc., by the Central Government; (f) constitution of State Co-ordination Committees and such other committees by the State Governments as may be necessary for the proper co-ordination of the programmes under the legislation.[5th June, 1993]An Act to provide for the prohibition of employment of manual scavengers as well as construction or continuance of dry latrines and for the regulation of construction and maintenance of water-seal latrines and for matters connected therewith or incidental thereto.Whereas fraternity assuring the dignity of the individual has been enshrined in the Preamble to the Constitution;And whereas article 47 of the Constitution, inter alia, provides, that the State shall regard raising the standard of living of its people and the improvement of public health as among its primary duties;And whereas the dehumanising practice of manual scavenging of human excreta still continues in many parts of the country;And whereas the municipal laws by themselves as a measure for conversion of dry latrines into water-seal latrines and prevention of construction of dry latrines are not stringent enough to eliminate this practice;And whereas it is necessary to enact a uniform legislation for the whole of India for abolishing manual scavenging by declaring employment of manual scavengers for removal of human excreta an offence and thereby ban the further proliferation of dry latrines in the country;And whereas it is desirable for eliminating the dehumanising practice of employment of manual scavengers and for protecting and improving the human environment to make it obligatory to convert dry latrines into water-seal latrines or to construct water-seal latrines in new constructions;And whereas Parliament has no power to make laws for the States with respect to the matters aforesaid, except as provided in articles 249 and 250 of the Constitution;And whereas in pursuance of clause (1) of article 252 of the Constitution, resolutions have been passed by all the Houses of the Legislatures of the States of Andhra Pradesh, Goa, Karnataka, Maharashtra, Tripura and West Bengal that the matters aforesaid should be regulated in those States by Parliament by law;Be it enacted by Parliament in the Forty-fourth Year of the Republic of India as follows:-
