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Manual Scavenging And Human Dignity: The Persistence Of Caste-Based Dehumanization In Modern India




Shreya Kapoor, Vivekananda Institute of Professional Studies, GGSIPU


ABSTRACT


Manual scavenging is a horrible abuse of human rights in this day and age in India, where human faeces are taken out by hand from dry latrines and sewers. Dalit communities, especially those belonging to the Valmiki sub- caste, continue to be systematically dehumanised when they are engaged in this backward caste-based occupation despite the constitution guaranteeing equal rights and laws specifically banning it. This article analyses caste hierarchy, job segregation, and human rights abuses from the legal, societal and economic perspectives. It heavily uses the judicial decisions of important cases like Safai Karamchari Andolan v Union of India (2014), Bandhua Mukti Morcha v Union of India (1997), and Karnataka State Safai Karmachari Commission v Karnataka (2012) to point out how the regime changes have been followed by the same system that structurally discriminates. It also talks about the movie Court (2014) as an example of how film art succeeds in depicting the governmental neglect and systemic oppression of the underprivileged groups. The article looks at law cases, the failure of policies, and the social and economic statistics to back up its point that manual scavenging is beyond an occupational hazard and it is, in fact, a kind of institutionalized violence which inherently breaches the constitutional human dignity. The fact that this tradition is still being followed shows that the legal means are not enough to stop caste discrimination, which is deeply rooted in the culture. Therefore, a more comprehensive approach is needed, which not only solves the problems of economic deprivation and lack of employment but also the social transformation that addresses the root causes of discrimination.


Keywords: Manual scavenging, human dignity, caste discrimination, Dalit rights, constitutional law, occupational segregation



Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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