Caste, Crime, and Compulsion: Structural Forces Behind the Persistence of Manual Scavenging in India

Abstract

Rooted in India's caste system, manual scavenging involves cleaning, handling, or disposing of human excreta without protective gear. This degrading work is predominantly performed by Scheduled Castes (Dalits), such as Bhangi, Mehtar, Halalkhor, and Balmiki, often driven by socio-economic compulsions and lack of alternative employment. The enactment of the Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition) Act (1993) and its successor, the Prohibition of Employment as Manual Scavengers and Their Rehabilitation Act (2013), criminalised this inhumane practice. However, recent evidence from the independent researcher shows that manual scavenging continues due to poor implementation and the failure of these laws to bring substantive reforms to the lives of those affected. In this context, the present study examines why manual scavenging persists despite being abolished and criminalised by the government of India. It approaches the issue from a criminological perspective, applying Routine Activity Theory (RAT) to understand how the convergence of motivated offenders (state agencies and private contractors), availability of vulnerable targets (manual scavengers), and the absence of capable guardians (law enforcement, regulatory bodies, and public institutions) sustains this practice, forcing manual scavengers into the state of marginalisation and poverty. The study utilises secondary data, including legislative documents, judicial rulings, government surveys, independent reports, and media investigations.