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Scavenging law: SC asks govt to reply over delay
Dhananjay Mahapatra, TNN, Nov 9, 2010, 12.09am IST

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Tags:Scavenging Law|Safai Karmachari Andolan|Justice S H Kapadia

NEW DELHI: President Barack Obama may have attributed his rise to the top post in the US to the inspiration he received from the ideals of Mahatma Gandhi but the Delhi government appears to be oblivious to the Father of the Nation having called manual scavenging the worst curse on society.

Gandhi said so more than 100 years ago and the Centre enacted the Manual Scavengers and Construction of Dry Latrines (Prohibition) Act, 1993. But till date, the Delhi government has not notified its enforcement in the national capital.

It would have hardly impressed Obama. The Supreme Court was not. A Bench comprising Chief Justice S H Kapadia and Justices K S Radhakrishnan and Swatanter Kumar on Monday asked Delhi government counsel T S Doabia to detail the reasons behind the reluctance to notify enforcement of the law banning manual scavenging.

The question followed a revelation by NGO 'Safai Karmachari Andolan' that manual scavengers still carry excreta from dry latrines not far from Parliament.

There are as many as 1,085 of them in Delhi, the NGO claimed. This was strongly refuted by Doabia, but the counsel had no answer to the SC's query why the law banning manual scavenging was not notified by Delhi government for enforcement in the national capital.

Appearing for the NGO, senior advocate P S Narasimha said the Delhi SC/ST/OBC/Minorities and Handicapped Financial and Development Corporation was aware of a survey conducted by Delhi University's Department of Social Work, which had identified 1,085 scavengers still working in Delhi.

Though the Bench appeared disturbed by the findings, it decided to tread a cautious path and asked Narasimha whether the court could direct a state government to issue a notification to bring into force a law.

Terming the issue as one of constitutional importance, it requested the attorney general for assistance even as Narasimha argued that non-implementation of the law breached the fundamental right to life, which included right to live with dignity.


Read more: Scavenging law: SC asks govt to reply over delay - The Times of India http://timesofindia.indiatimes.com/city/delhi/Scavenging-law-SC-asks-govt-to-reply-over-delay-/articleshow/6891189.cms#ixzz16SBIjwsv

Rehabilitation of the Swachchakars

http://pib.nic.in/release/release.asp?relid=67602

Rehabilitation of Manual Scavengers
16:55 IST
25 November, 2010 The Employment of Manual Scavengers and Construction of Dry Latrines(Prohibition) Act, 1993 prohibits manual scavenging. As per the Act, no person shall (a) engage in or employ for or permit to be engaged in or employed for any other person for manually carrying human excreta; or (b) construct or maintain a dry latrine. Contravention of these provisions is a criminal offence.

So far, the Act has been adopted by 23 States and all Union Territories. Two States, viz. Manipur and Mizoram have reported that they have no dry latrines, or they are scavenger free. Two States, viz. Himachal Pradesh and Rajasthan have their own Acts. State of Jammu & Kashmir is yet to adopt the Act. Sanitation is a State subject. Enforcement of the Act lies with State Governments.

As per the available information, dry latrines exist in three States, namely Bihar, Uttar Pradesh and Uttarakhand. The Ministry of Housing and Urban Poverty Alleviation is implementing the Integrated Low Cost Sanitation Scheme, which aims at conversion of dry latrines into pour flush latrines.

Self Employment Scheme for Rehabilitation of Manual Scavengers (SRMS) was launched in January, 2007 to provide financial support to the manual scavengers and their dependents for their rehabilitation in alternative occupations. The Scheme has the following main components:-

(i) Skill training for a period upto one year, with payment of stipend @ Rs. 1,000 per month.
(ii) Loan at concessional rate of interest for self employment projects costing upto Rs. 5 lakh.
(iii) Capital subsidy @ 50% of the project cost, for projects upto Rs. 25,000, and @ 25% for projects above Rs. 25,000, with a minimum of Rs. 12,500 and maximum of Rs. 20,000.

As per reports received from State Governments/Union Territory Administrations, there were 1,18,474 manual scavengers and their dependents for rehabilitation under the Self Employment Scheme for Rehabilitation of Manual Scavengers (SRMS), out of which 78,941 beneficiaries found to be eligible and willing for loan, have been provided loan and capital subsidy for enabling them to take up alternative self employment ventures.

This information was given by Shri. D. Napoleon, the Minister of State for Social Justice & Empowerment, in a written reply to a question in the Rajya Sabha today.

VBA/RS
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