Sunday, February 7, 2010

Manual Scavenging: A Social Injustice in India


The 20th February will be observed as World Day of Social Justice.  In a country like ours, a meaningful observation of this day will be to identify the forms of injustice that are marginalizing people and making them lesser human.  Belonging to a Dalit community I have always thought that ‘untouchability’ is one form of injustice being experienced by millions of my fellow Dalits.  Despite the fact that the caste system has been abolished under India’s constitution in 1950, “untouchability” is still practiced, particularly in rural areas. Communities allocate work they consider the most menial to outcast Dalits.  Dalits are made to clean the human excreta manually and thus they are discriminated against.  Manual scavenging is a deep rooted prejudice against Dalits on whom the hierarchical caste Hindu society has thrust this obnoxious occupation only because they are born into this isolated social group. The Indian Constitution, in fundamental Rights Part-III and Directive Principles of State Policy Part-IV has inscribed the right to life with equality, dignity of individual and social justice to every person. Article 17 emphasizes the ideology of abolition of untouchability. It says that “Untouchability” is abolished and its practice in any form is forbidden. The enforcement of any disability arising out of "Untouchability" shall be an offence punishable in accordance with law.

To ensure that the fundamental rights are properly protected and for its enforcement, the Constitution has conferred on the Supreme Court and High Courts of India the power to grant most effective remedies whenever such rights are violated. The Protection of Civil Rights Act, 1955 is one of the major legislation to establish a democratic and egalitarian society and absence of all kinds of disabilities particularly the rights of Dalit''s community. The very purpose of the Act is to curb the various kind of disability while (religious & social) preaching and practice of untouchability the law provide punishment. The Act provides enough measures which may necessary for ensuring that the rights from the abolition of untouchability or made available to, and are availed of by the persons subject to any disability arising out of "Untouchability." The State governments are empowered to take all necessary action in pursuance of aims and object of the Act.  It also incorporates provisions that every offence under this Act shall be treated as a cognizable offence and tried summarily by a Judicial Magistrate of the first class or Metropolitan Magistrate as the case may be.

To make things more stringent, the Parliament stepped in and made The Schedule Castes and The Schedule Tribes (Prevention of Atrocities) Act 1989 with the object to prevent the commission of offences of atrocities against the members of Schedule Castes and Schedule Tribes to provide for special courts for the trial of such offences and for the relief and rehabilitation of the victims of such offences and related matters.  The Employment of Manual Scavengers and Construction of Dry Latrine (Prohibition) Act, 1993 resolute for the prohibition of employment of manual scavengers as well as construction or continuance of dry latrines and maintenance of water-seal latrines and matter connected therewith. The government has also passed the Protection of Human Rights Act, 1993 and engaged constantly to the issue of identification and rehabilitation of manual scavengers since its inception.

This is high time we as a church realized that manual scavenging is intensely offensive to health and human dignity. Without debating we must act and urge all concerned authorities, civil societies, and the state Governments to work with greater commitment and determination to implement the available Acts so as to ensure that the dehumanizing practice could be effectively stopped.  Church has to be more result-oriented to pool their resources together to ensure that practice of manual scavenging, a disgusting reality, is eradicated once for all.  Many movements and networks expressing their solidarity with the Dalits have been working hard to pressurize governments to abolish manual scavenging by 2010.  Let us be part of this movement and celebrate World Day of Social Justice!


Kasta Dip