Lok Sabha Question No. 132 (STARRED), answered on 2019-02-12
Subject: Manual Scavenging
Ministry: SOCIAL JUSTICE AND EMPOWERMENT
Asked by: G. HARI

## GOVERNMENT OF INDIA MINISTRY OF SOCIAL JUSTICE AND EMPOWERMENT LOK SABHA

STARRED QUESTION NO. 132 TO BE ANSWERED ON 12.02.2019

## MANUAL SCA VENGING

132. SHRI G. HARI:

## Will the Minister of SOCIAL JUSTICE AND EMPOWERMENT be pleased to state:

- (a) whether the National Commission for Safai Karamcharis has ensured payment of Rs. 10 lakh to 100 families whose members died as a result of manual scavenging;
- (b) if so, the details thereof;
- (c) whether it is true that deaths on account of manual scavenging continue to happen across the country; and
- (d) if so, the steps taken to abolish manual scavenging completely in the country?

## ANSWER

MINISTER OF SOCIAL JUSTICE AND EMPOWERMENT (SHRI THAAWARCHAND GEHLOT)

- (a) to (d) A Statement is laid on the Table of the House.

*****

Statement referred in reply to part (a) to (d) of the Lok Sabha Starred Question No.132 for answer on 12.02.2019 raised by Shri Hari, Hon 'ble Member  of Parliament regarding manual scavenging:

- (a) and (b) There have been n0 reports of death of persons due to manual   scavenging: However, the National Commission for Safai Karamchairs (NCSK) vide its letter dated 30.04.2014 had written to all the States and Union Territories to implement the Hon ble Supreme Judgment dated in CWP No. 583 of 2003  regarding identification of cases of sewerage related deaths since 1993 and payment of compensation of Rs. 10 Iakh in each case t0 the family of members of persons who have died while cleaning  sewer/septic tank. Details of cases reported by the States to the NCSK regarding payment of compensation of Rs. 10 lakh in terms of Supreme Court Judgment are at Annexure:
- There  has   been no report of cases of death of persons  due to manual  scavenging: However; cases of death of persons while cleaning sewers and tanks are reported in newspapers from time t0 time and such cases are taken up with the concerned State Government Union Territory to ensure payment of compensation of Rs. 10 lakh in each case and initiate action person/agency   responsible in accordance with the provisions of -Prohibition of Employment as Manual Scavengers and their Rehabilitation Act; 2013" (MS Act; 2013). septic against
- (d) Under section 5 of" the Prohibition of Employment as Manual Scavengers and their Rehabilitation Act; 2013" (MS Act: 2013) manual scavenging is prohibited with effect from 06.12.2013\_ Under section 6 of the MS Act; 2013, any contract, agreement or other instrument entered into or executed before the above date, engaging or employing persons for the purpose of manual scavenging shall, on the above date, be terminated and such contract, agreement or other instrument shall be void and inoperative. Accordingly, no person or agency can compel any person for manual scavenging: Under Section 8 of the MS Act; 2013 Whoever contravenes the provisions of section 5 shall for the first contravention be punishable with imprisonment for a term which may extend to one year or with fine which may extend to thousand   rupees or with both,  and for  any subsequent contravention with imprisonment which may extend to two years or with fine which may extend to one lakh rupees or with both. fifty

Hazardous cleaning of sewers and tanks is also prohibited under MS Act; 2013. Under Section 7 of MS Act, 2013 no person; local authority or any agency shall, from such date as the State Government may notify, which shall be later than one year from the or employ, either   directly or indirectly; any person for hazardous cleaning of a sewer Or a tank. Under Section 9 of the MS Act, 2013 whoever contravenes the provisions of section 7 shall for the first contravention be punishable with imprisonment for a term which may extend to two years with fine  which may extend to two lakh rupees or with both, and for any subsequent contravention with imprisonment which may extend to five years or with fine which may extend t0 five lakh rupees, or with both. septic not septic

## Annexure  referred in  reply to Parts (a) and (b) of Lok Sabha Starred Question No. 132 for answer on 12.02.2019 regarding manual scavenging:

| No.   | State/UT       | No of cases in which compensation of Rs. 10 lacs Paid in terms of Supreme Court Judgement dated 27.03.2014   |
|-------|----------------|--------------------------------------------------------------------------------------------------------------|
|       | Andhra Pradesh | 9                                                                                                            |
| 2     | Chandigarh     | 3                                                                                                            |
| 3     | Delhi          | 23                                                                                                           |
| 4     | Gujarat        | 33                                                                                                           |
| 5     | Haryana        | 28                                                                                                           |
| 6     | Karnataka      | 64                                                                                                           |
| 7     | Madhya Pradesh | 6                                                                                                            |
| 8     | Punjab         | 23                                                                                                           |
|       | Rajasthan      | 8                                                                                                            |
| 10    | Tamil Nadu     | 155                                                                                                          |
| 11    | Telangana      | 2                                                                                                            |
| 12    | Uttar Pradesh  | 15                                                                                                           |
| 13    | West Bengal    |                                                                                                              |
|       | Total          | 375                                                                                                          |