Manual Scavenging: Failure of Constitution Remedies

Authored by Ram Malani, law student from Marwadi University Gujarat

Manual scavenging is a profession, being breathed since the time of human civilization. It is the barbaric practice of manually removing the manure, which involves the removal of the human excrement from the dry toilets with the help of the bare hands. Brooms or some reasonably metal scrappers; carrying off the excrements within the baskets to the dumping sites for disposal, it’s not only diabolic but it also one in every of the very best degrees of human rights violation. A plethora of legislation was enacted for ensuring an equitable and castles society.

Still, the conditions of the scavenging communities have remained deplorable. In the year 1993 and the latest in 2013, the govt. Of India, passed zealous legislation to ban the barbaric and degrading practice of the manual scavenging. This Paper deals with the analysis of the statutory framework in the country, various administrative schemes, and judicial pronouncements, also rehabilitative measures (concerns & issues). In a nutshell, this paper critically examines the correct regime of the manual scavenging in an exceedingly relation to the failure of the state in ensuring the scavenging community, all their due right and different role of the state instrumentalities as a violator. Additionally, this paper also suggests remedial measures and progressive steps for bringing the scavenging community into the mainstream of our country and make a significant contribution to its development.

Chapterization

  1. Introduction.
  2. Historical background and the Scavenging communities.
  3. Constitutional provisions.
  4. Legislative Framework.
  5. The government-appointed committees and commissions.
  6. Judicial Intervention in manual scavenging.
  7. Conclusion.

Read Full Paper here-

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