Abstract
The inhuman practice of manually removing night soil which involves removal of human excrements from dry toilets with bare hands, brooms or metal scrappers; carrying excrements and baskets to dumping sites for disposal, is not only diabolic but perhaps the highest degree of human rights violation. A plethora of legislations were enacted for ensuring an equitable and casteless society, but the conditions of the scavenging communities have remained deplorable. It is an irony that after decades of independence; it was in the year 1993 and latest in 2013, that the Government of India passed a dedicated legislation to ban the inhuman and degrading practice of manual scavenging. This paper deals with the genesis of manual scavenging, and similar practices in the world, if any. Another aspect of this paper deals with the analysis of statutory framework, administrative schemes, and judicial pronouncements, rehabilitative measures (issues and concerns). In a nutshell, this paper seeks to critically examine the right regime of the manual scavengers with reference to failure of the state in ensuring the scavenging community their due rights and the role of the state instrumentalities as a violator. In addition this paper will also suggest remedial measures and progressive steps for bringing the scavenging community into the mainstream of our country and make a contribution to its development significant.
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