Implementational Gaps in Promoting Human Rights and Values: The Indian Experience
Year: 2026
Type: article
Abstract: The Indian Constitution, enacted in 1950, has incorporated the Universal Declaration of Human Rights (UDHR) principles. Through Fundamental Rights (Article 12 to 35) and Directive Principles of State Policy (Article 38 to 46), the Constitution ensures equality, dignity, and justice, in general for all and special provisions for safeguarding the rights of the oppressed population. Articles 14, 15, 17, and 21 prohibit discrimination, untouchability, and guarantee a dignified life. These constitutional arrangements are mandatory, non-negotiable and legally binding on the State. However, manual scavenging, an undignified and dehumanised practice, persists, violating the spirit of Constitutional safeguards. Despite the 1993 and 2013 legislations on banning manual scavenging, their effect on implementation is dismal. Manual scavenging is an inhuman yet forced occupation of the Dalits, a socially excluded section of society. The paper dives into those factors contributing to the weak enforcement and unclear provision in the legislation, besides the lack of independent oversight, resulting in the implementation gap in upholding human rights and values in the context of the Dalit population involved in manual scavenging. In the age of AI and robotic (IIT Madras’s HomoSEP robot) and ever-increasing strength of space technology, India, with the world’s largest population, struggles to resolve the issue of manual scavenging. National Commission for Safai Karamcharis (2025) presents data showing that there have been over 700 septic tank/sewer deaths recently, highlighting the urgency to look into this issue. This paper is based on secondary data.
Author: Mallick, Dr. Sanghamitra
Language: English
Subfield: Philosophy
Field: Arts and Humanities
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W7220145979