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NHRC Advisoryon Prolcction ofHuman Rights ofthe Persons Engaged in Manual ScavengingorHazardous Cleaning ^ iC^
optimally used for the training of beneficiaries. The identified manual scavengers be
given priority in all such skill development training programmes of Central/ State
Govemment(s).
vi.
vii.
viii.
6.
Educational advancement of the children of all identified and rehabilitated manual
scavengers should be given priority in coordination with the educational institutions for
utilizing the available scholarship schemes and other benefits.
A nationwide database to be put in place for rehabilitated and trained/ skilled manual
scavengers for providing requisite assistance.
The private sector should be encouraged to provide employment to the identified/
rehabilitated/trained/ skilled manual scavengers and incentivesmay be providedto them.
Access to Justice
i.
ii.
The Act of 2013 lays down the offences & penalties in Chapter III (Sec 5 to 9) and the
role and functions of the implementing authorities in Chap V. The District Magistrates
and the authorized officers under Sec 18 to ensure that persons contravening the
provisions of Section 5, 6 & 7 of the Act are investigated & prosecuted as per the mandate
of Sec 19. Requisite notification under Sec 18 be issued in case it has not been issued.
The State Government to ensure that a sufficient number of Inspectors are appointed as
per Sec. 20 of the Act of 2013.
iii.
iv.
V.
The District Magistrates/ notified Executive Magistrates to ensure expeditious trial of
offences in accordance with the provisions of the Act of 2013.
As per directive of the Supreme Court in Safai Karamchari Andolan & Ors v. Uol & Ors,
WP (Civil) 583/2003, 27th March 2014, entering sewer lines without safety gears be
made a crime even in emergency situations.
In case of death of such worker, police to promptly register FIR without fail, investigate
and take action against the offenders under relevant sections of IPC and for violation of
any other law in force.
vi.
vii.
As held by the Supreme Court in Safai Karamchari Andolan (supra), the families of all
persons who have died in sewerage work (manholes, septic tanks, etc.) since 1993 to be
identified and awarded compensation of Rs.lO lakhs for each such death to the family
members in accordance with the law, and the concerned authority should be held
accountable in case of failure on their part in compliance of the same.
Any other crime such as threat, inducement, criminal intimidation, bonded labour, or
atrocity under the SC/ ST Act in respect of such work, FIR be registered and investigated
in a time bound manner.
viii.
In accordance with Sec 31 of the Act of 2013, the National Commission for Safai
Karamcharis may ensure timely enquiries into the complaints and should recommend
appropriate measures for compensation/punitive action against the offenders/errant
State/local authorities.
NHRC
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