Ms. Sanghamitra Mallick

BITS Pilani K.K. Birla Goa Campus, India

Introduction

India, the largest liberal democracy with a population of 1.4 billion, is a vibrant subcontinent with a rich historical and cultural legacy and often termed as a “Vishwaguru” cultural leader of the cosmos. The Indian constitution, enacted in 1950 post-Independence, accommodated the aspirations of the vulnerable population while absorbing the spirit of the Universal Declaration of Human Rights (UDHR) of 1948 by the UN, which serves as a global benchmark for human rights. Despite the fact that India is hailed as a civilizational state and has evolved as a Constitutional democracy, the human rights situation of the marginalised section of the Indian society remains grim, despite the maker of the Indian Constitution Dr. B.R. Ambedkar whose experience as a Dalit was humiliation, denial of dignity and refusal of Human rights, that he has recorded all along through several of his seminal works. In spite of the fact that the Constitution of India abolished untouchability and advocated the dignified treatment of all human beings equally, the situation of the Dalit population nearly seventy years after the enactment of the Republic is precarious in such a manner that a sizeable number of them are involved in manual scavenging. 

Praxis of Human Rights Values from the Spirit of the Constitution 

A dehumanising occupation of manual scavenging, inheriting a social stratification called the caste system, where the dirty job of society is the yardstick for the Dalits, is constitutionally banned in India. While the spirit of the Constitution (Part III) promotes civil and political rights, the first generation of human rights, the constitution makers left the safeguard of socio-economic rights to the provinces of the then Indian Union, given the limitations of resource allocation through constitution as the “Directive Principles of State Policy” (Part IV) of the Indian Constitution. Thus, a Dalit in India, who is voiceless, is positioned between two columns of Constitutional protection. A) His civil rights are protected and he is an equal before the others, and yet B) his economic rights are to be protected by the Provincial Government, which is supposed to operate in fair terms in ensuring Justice, which is yet to be realised. This praxis would explain how and why manual scavenging in India is perpetuated despite the ban in the Constitution 

Institutional Limitations and Implementation Gaps 

The 1993 Employment of Manual Scavengers and Construction of Dry Latrine (Prohibition) Act fell under the state subject of health and sanitation, and under Article 252(1), applied only to states adopting it through a legislative resolution. The legal provision is unclear; for instance, the punishment clauses do not specify whether the employer or scavenger is liable for punishment or penalty. It is also a conflicting interest, while a scavenger wants to file a case against executive authority, the same authority is also one to grant permission for filing cases against themselves (Gochhayat, 2018). Since it is a state (Provincial Government) subject, adoption and enforcement differ across states, causing uneven implementation. There is no independent body with enough power to address complaints quickly. There is a lack of political will among states to implement it; some states acted only after the Supreme Court’s intervention.  Exploited by the only means of survival, the fear of social stigma, and the fear of losing their livelihood, manual scavengers often avoid reporting, which leads to poor monitoring data. In 2014, the Indian government, under the leadership of PM Narendra Modi, was installing toilets in rural villages to promote ‘open defecation free’ and eradicate manual scavenging in the country as the flagship project named as Swachh Bharat Mission (SBM). But the question is, who is going to clean the septic tanks in the absence of a suction pump (Wilson, 2016)?

Failure of Technological Implementation to Address the Problem in the Age of AI

In this technologically advanced era, there is a continuous dependence on human labour for hazardous tasks like manual scavenging. Indian has the capability to develop cryogenic engines and launch lunar missions, yet we hesitate to invest in technology that eliminates the need for manual toilet cleaning. Despite the fact that at present there are thousands of cases regarding septic tank and sewer deaths in India (Yacoob & Karthik, 2025). 

Conclusion and Recommendation 

Given AI and technological advancements, the mechanising process is feasible. Lawmakers must plan to eradicate this intolerable evil by sufficient budget allocation and concerted implementation of the mechanisation of scavenging in both urban and rural India. Robotic instruments must substitute for humans in getting down the underground drainage system. This is a classic case that depicts the praxis of Human rights Values in India, when a section of its Population hails the Indian State as a Vishwaguru and at the same time, its weaker sections are entrenched in a perpetuated social oppression.

References

Georg, R. (2014, January 28). Brief History of Class and Waste in India. Retrieved from https://longreads.com/2014/01/28/a-brief-history-of-class-and-waste-in-india-2/?

Gochhayat, R. (2018, April 13). Towards Genocide: Upper Caste Policy Over Manual Scavengers. Retrieved from https://www.roundtableindia.co.in/genocide-under-the-upper-caste-leadership/?

Mahananda, J. (2018, November 22). Only Manuwadi Hindutva gang can burn Indian Constitution. Retrieved from https://www.roundtableindia.co.in/only-manuwadi-hindutva-gang-can-burn-indian-constitution-2/

The Employment of Manual Scavengers and Construction of dry Lartines (Prohibition) Act, 1993. (1993). Retrieved from www.indiacode.nic.in: https://www.indiacode.nic.in/bitstream/123456789/1581/1/199346.pdf

Wilson, B. (2016, August 24). Who will clean Swachh Bharat toilets, asks Wilson. Retrieved from https://www.thehindu.com/news/cities/Delhi/Who-will-clean-Swachh-Bharat-toilets-asks-Wilson/article14586879.ece

Yacoob, M., & Karthik, A. (2025, July 28). Let’s raise a stink over manual scavenging in Karnataka. Retrieved from https://www.newindianexpress.com/states/karnataka/2025/Jul/28/lets-raise-a-stink-over-manual-scavenging-in-karnataka