Occupational Impact on The Rights of the Children of Manual Scavengers: A Critical Analysis

Abstract

Objective: The Children of Manual Scavengers suffer socio-legal exclusion based on their traditional occupation of manually remove human excreta. As it is inhuman practice enforced by the caste system they are stigmatized as socially untouchable, economically disadvantaged, and legally neglected. Moreover it leads to continuous human rights violations. The aim of this study is to examine the occupational impact on the rights of children of manual scavengers and critically analyse the legislative protection and judicial consciousness on the empowerment and protection of these children’s rights. Methods: The legal research as it aims to analyse the legislative provisions, precedents along with legal principles and programs this research is a type of normative legal research. Results and Conclusion: Despite the Constitutional protection of child rights, the children of manual scavengers suffer on the violation of their right as right to education, wellbeing, social inclusion and protection against child. The legislative protection on child rights and judicial activism on the empowerment of child rights are not positively effected in the life of the children of manual scavengers against the occupational impact. Therefore it is imperative to have special legislative measures along with executive mechanism to effectively enforce and special judicial care in protecting and promoting the rights of these children whose rights are violated due to the occupation of manual scavenging as traditional and caste forced work. Research implications: The research highlights that the traditional occupation of manually removing the human excreta as caste forced occupation impacts in the violation of child rights in the entire facet.