A CRITICAL STUDY ON THE IMPACT AND IMPLEMENTATION OF THEPROHIBITION OF EMPLOYMENT AS MANUAL SCAVENGERS AND THEIR REHABILITATION ACT, 2013

Manual scavenging — the manual handling and disposal of human excreta from dry latrines,
sewers, and septic tanks—persistsin India despite constitutional guarantees of equality, dignity,
and freedom from untouchability. The practice is entrenched in caste-based social hierarchies,
confining marginalised Dalit communities to conditions that violate multiple fundamental
rights. The Prohibition of Employment as Manual Scavengers and Their Rehabilitation Act,
2013 represents the most comprehensive legislative response to this problem, combining
prohibition, penalisation, and rehabilitation. This article critically examines the Act's legal
architecture, the constitutional framework within which it operates, its judicial enforcement,
and its implementation failures. It further situates India's approach within international human
rights and labour standards, draws comparative lessons from the United States, the United
Kingdom, and South Africa, and proposes concrete reforms to bridge the wide gap between
legislative intent and ground reality