A Critical Analysis of Manual Scavenging Laws and Practice in India

Authors

  • Sharmila E. J.
  • L. Chandrakanthi

Keywords:

Manual scavenging, scavengers, human rights, exploitation, legislative remedies, judicial approach

Abstract

The development of the society is measured in two units, one the technological development and two growths in ethical or moral standards. Laws are formed to protect the society and avail equality to the people. And there are a few laws which ensures, that equality prevails irrespective of geo-political, sociocultural differences. They are known as human rights. There are a few categories of the society, who suffer losses owing to the above-mentioned differences. These are termed as the vulnerable groups. With the vast and variant geographical and cultural differences, in a country such as India, categorising the vulnerable
groups and defining their human rights is not an easy task. And while checking down the pages of history one can notice that many names were not added due to the socio-political conditions then. One such group which is considered but not categorised under the vulnerable, are the manual scavengers. Manual Scavengers are those who are employed to handle human waste from insanitary latrines, railway lines, etc. Though sad and shocking it is a hard truth that one need to know that these practices are yet prevailing when the nation is focused on graphing up the budget lines and making scientific achievements. This research is an attempt to scrutinize the sustainability of practice in the technically developing nation and also an effort made to search for lawfull solutions for the mentioned problem. 

References

Rajneesh Kumar Gautam, etc.,’’Manual scavenging in India – a review ‘’ volume 2, IJNRD, 2017 https://www.researchgate.net/publication/335228176_MANUAL_SCAVENGING_IN_INDIA-A_REVIEW, visited on 6/12/22

Babasaheb A, Research T. Manual Scavenging in India: Literature review ****** [Internet]. Available from: https://barti.in/upload/pdf/Manual_Scavenging_report.pdf

Supra note 4

Shyamalal, “The Bhangi: A sweeper Caste: Its social economic Portraits: with special reference to Jodhpur city”, Popular Prakashan, Bombay, 1992.

Ankur Bisen, “Wasted: The Messy Story of Sanitation in India, A Manifesto for Change”, Pan Macmillan India, 23/08/2019.

What Is Manual Scavenging? [Internet]. The Wire. 2018 [cited 2023 Feb 21]. Available from: https://thewire.in/rights/what-is-manual-scavenging

The Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition) Act, 1993

Section 2(g) of The Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013

The ILO and Manual Scavengers in India: Paving the long way towards the elimination of discrimination based on social origin. wwwiloorg [Internet]. 2011 Jul 18; Available from: https://www.ilo.org/global/about-the-ilo/mission-and-objectives/features/WCMS_159813/lang--en/index.htm

Article 17 of the Constitution of India, 1950

Supra note 4

Ashutosh Singh, “The plight of manual scavengers in India: a legal perspective”, https://blog.ipleaders.in/the-plight-of-manual-scavengers-in-india-a-legal-perspective/, visited on 6/12/22

Pragya Akhilesh, “Banning manual scavenging in India: A long, complex passage”,2020. https://www.downtoearth.org.in/blog/rural-water-and-sanitation/banning-manual-scavenging-in-india-a-long-complex-passage, visited on 6/12/22

Baruah, A. (2014). The Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013: A Review. Space and Culture, India, 1(3), 9–17. https://doi.org/10.20896/saci.v1i3.41

Jamie Cassels (1989). Judicial activism and Public Interest Litigation in India: Attempting the Impossible?, The American Journal of Comparative Law, 37 (3) 495, 505-07 as cited in Samuel D. Permutt (2011)

Safai Karmachari Andolan v. Union of India, Writ Petition (Civil) No. 583 of 2003 (India) (Nov. 14, 2005) (interim order)

The Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition) Act, 1993

Shaikh A. 2.6 million dry toilets and 13,384 manual scavengers. Do the math [Internet]. The Indian Express. The Indian Express; 2018 [cited 2023 Feb 21]. Available from: https://indianexpress. com/article/gender/2-6-million-dry-toilets-and-13384-manual-scavengers-do-the-maths-5064728/

Supra note 4

Supra note 16

Prohibition of Employment as Manual Scavengers and their Rehabilitation Bill 2012 – prsindia.org

Supra note 20

Press Information Bureau, Ministry of Finance, Newsletter dated 4th July 2019.

Prohibition of Employment as Manual Scavengers and their Rehabilitation Bill 2012 – prsindia.org

Civil Writ Petition no.583/2003, in 2014

Dr. Kusum Chauhan and Dr. Lalit Dadwal,” Manual Scavenging in India: Issues and Challenges”, IJNRD, Volume 6, 2021

Safai Karamchari Andolan v. Union of India, WP(C) No.583/2003

Praveen Rashtrapal IRS v. Chief Officer, Kadi Municipality (2006) 3 GLR 1809

Ashok Agarwal v, UOI and Others, W.P.(c) 84/1998 National Campaign for Dignity and Rights of Scavengers and Allied Workers v M.C.D. and Another,W.P.(c) 5232/2007

A. Narayan v. The Chief Secretary, W.P.No. 24403 of 2008, Decided on 20/11/2008.

Supra note 28

‘Delhi Jal Board v National Campaign for Dignity and Rights of sewerage and allied workers and others’, 2011

Chinnamma and Others v. State of Karnataka and Others, W.P.No. 16365 of 2014 [GM-RES], Decided On, 11 /1/2016

Death of sanitation Workers v. State of Odisha, 2021 SCC On Line Ori 383, Decided on 19/04/2021

Supra note 28

Vimla Govind Chorotiya & Ors. V. State of Maharashtra & Ors, W.P. No.15651 of 2021

“Lockdown effect; manual scavengers turn to selling human bones simply to survive”. m.thewire.in, https://thewire.in/rights/lockdown-effect-manual-scavengers-turn-to-selling-human-bones-simply-to-survive, visited on 7/12/22

“15 years later, government scheme to rehabilitate manual scavengers has made little progress”. - M.thewire.in dated May 7, 2022. https://thewire.in/ visited on 7/12/22

Prohibition of Employment as Manual Scavengers and their Rehabilitation (Amendment) Bill, 2020

Published

2023-02-15

How to Cite

Sharmila E. J., & L. Chandrakanthi. (2023). A Critical Analysis of Manual Scavenging Laws and Practice in India. Journal of Human Rights Law and Practice, 6(1), 1–8. Retrieved from https://lawjournals.celnet.in/index.php/jhrlp/article/view/1162