New Bill Banning
Manual Scavenging Ray of Hope
The earlier 1993 Act had a narrow definition of a manual scavenger and the absence of a clause on rehabilitation and did not see any offenders. It also saw late implementation of laws by states.
The decision to amend the 1993 Act to fill the lacunae was foregone to avoid a lengthy amendment process and the Law ministry does not accept any other amendments but those in Entry 6 (that of Public Health and Sanitation).
The bill of 2012, takes a better view of manual scavenging, a broader definition, prohibits hazardous cleaning of sewer and septic tanks and deals with severe penalties and rehabilitation. Compared to the severer 2011 Draft bill by P. S. Krishnan, the new Bill sustains, if not perpetrates, manual scavenging by deeming the act done with protective gear on, outside the ambit of the law. The 2011 draft proposes a pension from the previous employers for the persons on account of unavailability of alternative jobs and aggravated economic necessity. The draft recommended rehabilitation in form of service providers and cooks for anganwadis and mid-day schemes or as railway staff assisting the elderly, the disabled or children. It has also suggested various trainers for them to help acquire jobs.
A highlight of the 2012 bill is the unsparing penalty of Rs. 50,000 or imprisonment up to one year or both.
The earlier 1993 Act had a narrow definition of a manual scavenger and the absence of a clause on rehabilitation and did not see any offenders. It also saw late implementation of laws by states.
The decision to amend the 1993 Act to fill the lacunae was foregone to avoid a lengthy amendment process and the Law ministry does not accept any other amendments but those in Entry 6 (that of Public Health and Sanitation).
The bill of 2012, takes a better view of manual scavenging, a broader definition, prohibits hazardous cleaning of sewer and septic tanks and deals with severe penalties and rehabilitation. Compared to the severer 2011 Draft bill by P. S. Krishnan, the new Bill sustains, if not perpetrates, manual scavenging by deeming the act done with protective gear on, outside the ambit of the law. The 2011 draft proposes a pension from the previous employers for the persons on account of unavailability of alternative jobs and aggravated economic necessity. The draft recommended rehabilitation in form of service providers and cooks for anganwadis and mid-day schemes or as railway staff assisting the elderly, the disabled or children. It has also suggested various trainers for them to help acquire jobs.
A highlight of the 2012 bill is the unsparing penalty of Rs. 50,000 or imprisonment up to one year or both.
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