Manual scavenging refers to the practice of manually cleaning, carrying, disposing or handling human excreta from dry latrines and sewers. It is one of the most dehumanizing and deplorable practices that violate basic human rights and dignity. This practice is linked to India’s caste system where so-called lower castes are expected to perform this job. Despite being outlawed in 1993, manual scavenging continues to exist in India due to socio-economic discrimination and lack of rehabilitation of manual scavengers. This paper attempts to provide an in-depth understanding. The harsh realities by qualitative systemic review of manual scavenging in India and how it negatively impacts human rights. It reviews relevant literature on the prevalence, causes, adverse effects, and laws against manual scavenging. The results indicate that manual scavenging is still practiced across many states in India. Manual scavengers face grave health hazards and socio-economic hardships. The laws against manual scavenging have failed to abolish this practice due to administrative apathy, lack of rehabilitation support for liberated scavengers, and continued prevalence of dry latrines necessitating manual disposal of excreta. The paper emphasizes the need for more concerted efforts by the government and civil society to end manual scavenging to uphold human rights, dignity, and justice for all. There is an urgent need for extensive awareness campaigns, social support, and proper rehabilitation of liberated scavengers into alternative professions.
A state of emergency allows authorities to exercise special powers, including the temporary suspension of regular legal provisions and human rights standards. This scenario engenders a conflict between extraordinary powers and the foundational principles of the rule of law. This paper investigates one of the most contentious legal dilemmas concerning emergency powers: whether these powers must be exercised within the bounds of legal constraints. This paper also explores whether ordinary principles of legality apply in situations involving emergency powers. This study aims to examine how this tension is approached from different perspectives. It focuses on discussing the challenges for the rule of law in the state of emergency. It also studies Vietnam’s approach to addressing these challenges during the COVID-19 pandemic.
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