EXAMINING THE CONSTITUTIONAL AND LEGAL SAFEGUARDS OF MANUAL SCAVENGERS IN INDIA

With the rise of urbanization, consumerism, and lifestyle changes, waste production is increasing at an alarming rate. However, the health, safety, and dignity of sanitation workers in the waste management sector remain critically compromised. According to the World Health Organization (WHO), sanitation work includes tasks such as emptying toilets, pits, and septic tanks; entering sewers to fix or unblock them; transporting faecal waste; working in treatment plants; and cleaning public toilets or areas around homes. Sanitation workers provide an essential public service by risking their lives, health, and dignity to ensure others' right to a safe, clean, and healthy environment. Despite their invaluable contributions, their work often goes unseen and unacknowledged. Sanitation workers, particularly manual scavengers, face greater occupational hazards compared to other workers in the sanitation service chain. They are vulnerable to various challenges, including financial insecurity, social stigma, and discrimination, and are frequently overlooked in government agendas. This paper aims to provide insights into the challenges faced by sanitation workers. Since independence, various laws, policies, and welfare schemes have been enacted by the Indian government and state governments to protect sanitation workers, starting from the Civil Rights Act of 1955 to the Prohibition of Employment as Manual Scavengers and their Rehabilitation Act of 2013. The paper discusses the constitutional and legal safeguards, as well as other welfare schemes and policies, framed by lawmakers for the upliftment and protection of this most disadvantaged section of society. By addressing these issues, the paper highlights the urgent need for effective interventions to improve the living and working conditions of sanitation workers, ensuring their rights and dignity are upheld.