The Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition) Act, 1993

Administered Ministry: Ministry of Social Justice and Empowerment / Department of Social Justice and Empowerment

Act details

Short titleThe Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition) Act, 1993
Long titleAn 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.
Act number46 of 1993
Act year1993
Enactment date5 Jun 1993
MinistryMinistry of Social Justice and Empowerment / Department of Social Justice and Empowerment
DepartmentDepartment of Social Justice and Empowerment
JurisdictionCentral (Parliament of India)
Sections24
StatusNot repealed
Last checked on India Code29 Oct 2026
SourceIndia Code, Government of India

Summary

Summary of the Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition) Act, 1993
Objective Prohibits manual scavenging and the construction of dry latrines, promoting the use of water-seal latrines to enhance sanitation and worker dignity.
Key Provisions
1. Prohibitions: - Manual Scavenging: Completely banned due to its inhumane conditions.
• Dry Latrines: Construction and maintenance are strictly prohibited.
2. Implementation Responsibilities: - State Governments: Ensure enforcement, including the provision of water-seal latrines before banning dry latrines.
• Executive Authorities & Inspectors: Enforce the Act, with powers for entry, inspection, and regulation.
3. Enforcement Mechanisms & Penalties:
• Offences and Penalties: Defined with specific punishments for violations.
• Prosecution Guidelines and Jurisdiction: Outline legal processes for violations.
4. Miscellaneous Provisions: - Reporting and Legal Protection: For actions taken in good faith.
• Rule-Making Powers: For Central and State Governments.

Legislative history

Legislative History:

The Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition) Act, 1993

Act Title The Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition) Act, 1993

Act Number 46 of 1993

Act ID (India Code) 199346

Presidential Assent Date June 5, 1993

Enforcement Date January 26, 1997

Nodal Ministry Ministry of Social Justice and Empowerment

Precedent & Historical Rationale

1. Persistence of Dehumanizing Practices:

o Despite Constitutional commitments under the Preamble (assuring individual dignity) and Article 47 (raising public health standards), the practice of manual removal of human excreta from dry latrines continued across various parts of the country.

2. Inadequacy of Municipal Laws:

o Pre-existing municipal legislations lacked uniform stringency and nationwide enforcement capabilities to completely eliminate dry latrines and penalize the employment of manual scavengers, necessitating a dedicated central framework enacted via state-adopted resolutions under Article 252 of the Constitution.

Parliamentary Trajectory & Enactment

• Formulation: Drafted by the Central Government to create a standardized national mechanism prohibiting the employment of manual scavengers, banning new dry latrines, and compelling their conversion into water-seal latrines.

• Parliamentary Passage: Introduced in Parliament after receiving enabling resolutions from participating State Legislatures under Article 252(1), subsequently passing both Houses.

• Presidential Assent: Received Presidential Assent on June 5, 1993.

• Enforcement: Enforced on January 26, 1997.

• Source: Official Records of Parliament, India Code, and Ministry of Social Justice and Empowerment.