PREVALENCE OF MANUAL SCAVENGING IN INDIA: THREAT TO HUMAN RIGHTS

AUTHORS – DEVA DHARSHINI K, ADVOCATE AT MADRAS HIGH COURT & SAI SHRUTHI A, STUDENT AT TAMIL NADU DR. AMBEDKAR LAW UNIVERSITY (SCHOOL OF EXCELLENCE IN LAW)

BEST CITATION – DEVA DHARSHINI K & SAI SHRUTHI A, PREVALENCE OF MANUAL SCAVENGING IN INDIA: THREAT TO HUMAN RIGHTS, ILE LABOUR LAW REVIEW, 2 (1) of 2023, Pg. 04-08, APIS – 3920 – 0009 | ISSN – 2583-6161.

ABSTRACT

        Despite so many years of freedom and the efforts of the government, casteism is still deeply ingrained in our society. Members of specific scheduled castes are frequently referred to as “scavengers” in India.  The Narada Samhita describes scavenging as a slave’s duty. Despite the ban on manual scavenging in India the unsafe practice of manually cleaning dry toilets, open drains, sewers, or septic tanks still exists as an open secret. They are unaware of the health hazards that they are exposed to, such hazards include hepatitis, cholera, jaundice, typhoid, skin disease, and other cardiovascular diseases. And it is seen that most of the manual scavengers are scheduled castes and females who are engaged in the practice are paid less compared to men. Some people even face threats of violence if they refuse to take up the job. For manual scavengers, it is difficult to find another job due to discrimination and stigma which they cannot escape from. To eradicate and put an end to the caste-based cruel practice in India several policies were introduced to empower and rehabilitate manual scavenges in India. Indian law and international treaties both forbid manual scavenging. International organizations have demanded an end to the practice but still this menace continue in our society. Expressing serious concern over the hardships and deaths of manual scavengers while engaging in sewer cleaning and other scavenging activities the courts of India have repeatedly directed the civic bodies on proper implementation of the provisions stated in the law. Also, several cases have been intervened by the courts and issued directions to the governments. Also, several schemes such as Swachh Bharat Abhiyan insisted on a proper sanitation system and structural maintenance of the toilets. Our Research Paper would further venture into the legal protections available to the Manual Scavengers and the measures taken by the central and state government.

KEY WORDS: Manual Scavenging, Untouchability, Scheduled Caste, Sewer Death, Protections.