The Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013

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

Act details

Short titleThe Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013
Long titleAn Act to provide for the prohibition of employment as manual scavengers, rehabilitation of manual scavengers and their families, and for matters connected therewith or incidental thereto.
Act number25 of 2013
Act year2013
Enactment date18 Sep 2013
MinistryMinistry of Social Justice and Empowerment / Department of Social Justice and Empowerment
DepartmentDepartment of Social Justice and Empowerment
JurisdictionCentral (Parliament of India)
Sections39
StatusNot repealed
Last checked on India Code28 Oct 2026
SourceIndia Code, Government of India

Summary

Summary of the Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013
Key Provision
I. Definitions & Scope
• Manual Scavenger: Engaged in manually cleaning human excreta.
• Insanitary Latrine: Requires manual cleaning of excreta.
• Appropriate Government: Central for specified areas, State otherwise.
II. Prohibitions
• Ban on Insanitary Latrines post-commencement.
• Immediate Discharge of manual scavengers.
• Prohibition on Hazardous Sewer/Septic Tank Cleaning without safety gear.
III. Responsibilities & Actions
• Local Authorities:
• Survey & List of insanitary latrines.
• Conversion/Demolition by occupiers or authorities.
• Occupier’s Liability:
• Convert/Demolish at their cost.
IV. Legal Consequences
• Penalties for Contraventions (imprisonment/fines).
• Ex officio officials (e.g., Magistrates, Commissioners) may oversee prosecutions.
V. Rehabilitation & Implementation
• Identification of manual scavengers.
• Comprehensive Rehabilitation (economic support, education, housing).
• Committees (State & Central Monitoring, Vigilance):
• Ex officio Members (e.g., Ministers, Commissioners) ensure oversight and advice.

Legislative history

Legislative History:

The Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013

Short Title The Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013

Act Number / Year Act No. 25 of 2013

India Code Act ID 201325

Presidential Assent Date September 18, 2013

Enforcement Date December 6, 2013

Nodal Ministry Ministry of Social Justice and Empowerment

Precedent & Statutory Rationale

1. Inadequacies of the Legacy 1993 Framework:

o The prior 1993 Act approached manual scavenging merely as a sanitation issue rather than a grave violation of human rights, lacked comprehensive provisions for mandatory rehabilitation, and failed to account for hazardous cleaning of sewers and septic tanks.

2. Restoring Human Dignity and Constitutional Mandates:

o Grounded in the fundamental guarantees of human dignity, equality, and life under Article 21 of the Constitution of India, the 2013 Act was enacted to eliminate the dehumanizing practice of manual scavenging entirely, prohibit insanitary latrines, and ensure comprehensive socioeconomic rehabilitation for affected individuals and their families.

Parliamentary Trajectory & Enactment

• Formulation: Developed and piloted by the Ministry of Social Justice and Empowerment to fulfill India's constitutional and human rights obligations regarding caste-based discrimination and hazardous sanitation work.

• Parliamentary Passage: Tabled, debated, and passed by both Houses of Parliament during the monsoon session of 2013.

• Presidential Assent: Received formal Presidential Assent on September 18, 2013, entering the statute book as Act No. 25 of 2013.

• Enforcement: Brought into active operational force on December 6, 2013.

• Source: India Code Official Repository and Ministry of Social Justice and Empowerment Official Records