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Rights of Manual Scavangers in India: A Socio-Legal Analysis

Karlapudi Venkata Ravi Kumar

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Indian Journal of Law and Human Behavior 9(1):p 9-14, January – June 2023. | DOI: https://doi.org/10.21088/ijlhb.2454.7107.9123.1

How Cite This Article:

Karlapudi Venkata Ravi Kumar/Rights of Manual Scavangers in India: A Socio-Legal Analysis/Indian J Law Hum Behav 2023;9(1):9-14.

Timeline

Received : November 16, 2022         Accepted : December 18, 2022          Published : January 30, 2023

Abstract

Manual scavenging has been called the worst surviving symbol of untouchability. Decades after Independence and despite its leaps in science and technology, India is yet to find an alternative for manual scavenging. The inhuman practice of manually removing night soil which involves removal of human excrements from dry toilets with bare hands, brooms or metal scrappers; carrying excrements and baskets to dumping sites for disposal, is not only diabolic but perhaps the highest degree of human rights violation. The Report of the Human Rights Watch also indicated that the occupation of manual scavenging is a caste based practice in India. Even after 75 years of Independence of the country, lakhs of the dalits are continuing in the unclean occupation. They are the worst victims of cruel social order and they are forced to continue in the same work and are suffering the caste based social exclusion. They are also paid low for their work. Their health and life are threatened, as the occupation is associated with hazardous working condition. They are prone to physical and psychological disorders. They are suffering objective hardship, humiliation, exploitation and social expulsion. Social compulsion to indulge in such heinous and hazardous work is both the rights issue and a social crime as well. Therefore, I have made an attempt in this paper to throw light upon the working conditions and living standards of the people performing scavenging operations and also it highlights the need of changing the beliefs and laws related to manual scavenging.


References

  • 1.   Manual Scavenging in India – A National Scourge. Terragreen. 2019;11(10):24.
  • 2.   Employment of Manual Scavengers and Construction of Dry Toilets (Prohibition) Act, 1993, § 2(j).
  • 3.   Saraf B, Verma S. Transforming denial into deliberation: The case of Manual Scavenging. Observer Research Foundation. 2021 Dec 21.
  • 4.   National Human Rights Commission; Action Aid. A Study Report: “Untouchability in Rural India Study”. 2001.
  • 5.   Jan Sahas; UNICEF. A Study report: Inclusion and Exclusion of Dalit in Health and Education (2008-09). 2009.
  • 6.   Rashtriya Gharima Abhiyan. Justice Denied: Death of Workers engaged in Manual Scavenging while cleaning the septic tank or sewer. 2018 Nov. p. vi.
  • 7.   Mehta V. Manual Scavenging in India: Violation of Human Rights. Res Rev J. 2019 Mar;4(3):1459.
  • 8.   Pathak B. Road to Freedom: A Sociological Study on the Abolition of Scavenging in India. Delhi: Motilal Banarsidass Publishers; 1999. p. 37.
  • 9.   Shyamlal. The Bhangi: A Sweeper Caste, Its Socio-economic Portraits: with Special Reference to Jodhpur City. Bombay: Popular Prakashan; 1992. p. 21.
  • 10.   Manual Scavengers: Indian
  • 11.   Financial Express. Indian Railways’ big achievement towards sanitation; Equips all passenger coaches with bio-toilets. 2021 Jul 2.
  • 12.   UN Women. Towards the gender equality through Sanitation Access. Discussion Paper No. 12. 2016 Mar. p. 3.
  • 13.   UN Office of the High Commissioner for Human Rights (OHCHR) [Internet]. Geneva: OHCHR; [cited 2022 Aug 31]. • International Covenant on Civil and Political Rights (ICCPR), Art. 2–3 (1966).
  • 14.   Constitution of India, Art. 14, 16(2), 17, 19(1)(a), 21, 23, 41, 42, 46, 47.
  • 15.   Protection of Civil Rights Act, 1955 (Act No. 22 of 1955) and Protection of Civil Rights Rules, 1977.
  • 16.   Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (Act No. 33 of 1989) and Amendment Act, 2015 (Act No. 1 of 2016).
  • 17.   Employment of Manual Scavengers and Construction of Dry Toilets (Prohibition) Act, 1993 (Act No. 46 of 1993).
  • 18.   Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013, § 2(g).
  • 19.   Hindustan Times. Deaths due to manual scavenging continue despite Government Parliament stance [Internet]. 2021 Dec 10 [cited 2022 Aug 31]. • Pant R, et al. Manual Scavenging and Technological Solution to Eradicate It (Turning Scavengers to Engineers). J Mech Civil Eng. 2014;11(3):11.
  • 20.   Gen-Robotics. The Bandicoot Robot: Technology revolution for cleaning manholes and septic tanks. Kerala, India; 2022.

Data Sharing Statement

There are no additional data available. All raw data and code are available upon request.

Funding

This research received no funding.

Author Contributions

All authors contributed significantly to the work and approve its publication.

Ethics Declaration

This article does not involve any human or animal subjects, and therefore does not require ethics approval.

Acknowledgements

We would like to express our gratitude to the patients, their families, and all those who have contributed to this study.

Conflicts of Interest

No conflicts of interest in this work.


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Cite this article

Karlapudi Venkata Ravi Kumar/Rights of Manual Scavangers in India: A Socio-Legal Analysis/Indian J Law Hum Behav 2023;9(1):9-14.


Licence:

Attribution-Non-commercial 4.0 International (CC BY-NC 4.0)

This license enables reusers to distribute, remix, adapt, and build upon the material in any medium or format for noncommercial purposes only, and only so long as attribution is given to the creator.



Received Accepted Published
November 16, 2022 December 18, 2022 January 30, 2023

DOI: https://doi.org/10.21088/ijlhb.2454.7107.9123.1

Keywords

ScavengersDalitsCaste based inhuman practiceRehabilitationLabour welfare

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Received November 16, 2022
Accepted December 18, 2022
Published January 30, 2023

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Attribution-Non-commercial 4.0 International (CC BY-NC 4.0)

This license enables reusers to distribute, remix, adapt, and build upon the material in any medium or format for noncommercial purposes only, and only so long as attribution is given to the creator.



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