Manual Scavenging: Societal Morality, Caste and Law

Abstract

Manual Scavenging is highly undignified work in this world. In India and its sub-continent, it is based on birth-based social hierarchy system known as caste system. The sanitation workers who are employed as Manual Scavengers are from Dalit community. Though Indian Constitution eradicated all kinds of discriminations, inequality and injustice in 1950, but this inhuman practice is persisting. Besides Constitution, judicial discourse and legislation, the State has introduced various policies to address the issues. However, things are not satisfactory on the ground level. Every day, there is a death happen in India due to Manual Scavenging. The core argument of this paper is that Manual Scavenging is undignified work, and it is anti-thesis to the idea of equality and constitutional morality. Furthermore, neither the State nor the society is ready to abolish this inhuman practice. Therefore, it is a collective effort of the State and society to eradicate this practice through implementation of Constitutional values, relevant legislations, and policies. This paper will address a few questions; first, what is the root cause of Manual Scavenging? Why did the Indian State fail to abolish Manual Scavenging in India? What are the rehabilitations and economic empowerment policies of India concerning Manual Scavenging? Why is societal morality based on birth-based hierarchy more powerful than constitutional morality concerning abolition of Manual Scavenging? Why is there non-seriousness in the implementation of the Manual Scavenging Act, 2013, and other policies by the concerned state holders? Whether Manual Scavenging is a national phenomenon or global phenomena? To understand global impact of Manual Scavenging, this paper will deal with South Asian experiences. The paper used socio-legal doctoral research methods based on legal framework and secondary data. The main finding of the paper is that though State is trying to curb Manual Scavenging, however, due to societal morality and caste orientation, this undignified practice is persisting in India which need to end immediately. This paper will help social worker normatively and practically to understand the root cause of Manual Scavenging and its persisting reasons and how to annihilate the same.