Kartikeya Kothari, B.A.LL.B, Maharashtra National Law University Mumbai
ABSTRACT
Celebrate 75 glorious years of Independence, and the scavenger person watches the flag unfurledfrom the dark hole of filth, odor of deadly methane and serious risk of death, asking for the answerto pseudo liberty he is bearing the burden of ,yet alive! Justice Bhagwati , in the Maneka Gandhi v. Union of India case, observed that right to life guaranteed under Article 21 of our Constitution is not restricted to mere animal existence. It includes right to live with dignity. A strange paradox of our revered Constitution exhibits in a fact that lofty ideals of justice,equality,liberty,and fraternity get eclipsed by reality of manual scavenging, generally identified as profession for the lower castes. This paper will be analysing the menace of manual scavenging, reasons for its perpetuation, its hazards, loopholes in the current law and the development of jurisprudence on this issue. The author will be suggesting various reforms which could be brought about to deal with the evils of manual scavenging.
