INTERNATIONAL PERSPECTIVE

INTRODUCTION

The International Labor Organization considers the humanized, commonplace, but "invisible"
work performed by manual scavengers in India to be a serious violation of their human rights
and a prime example of punished forced labor (ILO). They are subjected to forced labor,
which is prohibited by the International Labor Organization and violates their human rights.
National and international law require the Indian government to protect the rights of manual
cleaners (SMs) to life and dignity, as well as to protect those rights from infringement. the
most vital human rights.1

This report describes the evolution of MS in India over the last two decades (2000-2020). The
report examines legislative changes, stakeholder mapping, and media engagement to
determine what has improved and what has deteriorated.

Interventions to end multiple sclerosis have increased since the beginning of the last two
decades in 2000, with a significant increase in legal and operational efforts over the last
decade (beginning in 2010 and continuing). The study collected and analyzed data in multiple
local languages, including Hindi, Tamil, Telugu, and Marathi, among others, to develop a
method for comprehending local perspectives on fact-based global impacts. After receiving
an email interview from the National Commission on Safai Karamcharis (NCSK), based in
New Delhi, we conducted a brief interview with a manual scavenger working in the city.
These interviews have given us a better understanding of how widespread this heinous
practice is. Despite the fact that the MS law has been in effect for over 20 years, those in
charge of enforcing it (government officials, officials, and local authorities) continue to hire
unsanitary people to clean up feces, sewers, and septic tanks.

Despite the fact that hereditary caste-based forced labor is culturally and socially acceptable
in the communities where it is practiced, this report has made it abundantly clear that there is
a lack of political will to eradicate MS. On the other hand, legislation addressing MS has
moved more quickly and effectively. The importance of this report lies in drawing attention
to the intersections of caste, gender, and labor, as well as contributing to the scarcity of
genuine MS research.
1
R. Dhivya, “Eradication of Inhuman Practice of Manual Scavenging and in Tamil Nadu: Is it Possible?”,
International Journal Of Law Management & Humanities , Volume 3 | Issue 5 2020,p.756

1
Article 29 of the International Labor Organization (ILO) defines forced labor. This definition
includes “any work or service extracted from a person under the threat of a penalty and for
which the person has not voluntarily offered himself”, according to the 2016 Global
Estimates. Forced labor is defined as “any work or service exacted from any person under the
threat of any penalty and for which said person has not offered himself voluntarily”.

The dehumanizing practice of manually removing and handling human waste from dry
latrines, sewers, septic tanks, railway lines, and other locations where a person comes into
direct contact with both human and animal waste is known as manual scavenging. This is
common in developing countries.

Over five million people work in the sanitation industry in India. Manual scavengers are
members of castes considered to be at the bottom of the caste hierarchy. Because they were
born into a particular caste, they are under a lot of social pressure to complete the tasks that
have been assigned to them. This heightens the social stigma associated with purity and
pollution, which is referred to as “untouchable”. Approximately 2.6 million people are
employed every day to remove human waste from private and public restrooms. Women
clean the majority of these toilets in rural areas, while men clean septic tanks, gutters, and
sewers in urban areas, which is a physically demanding job. The disparity in pay between
men and women demonstrates the connection between caste and gender.2

“Women from lower castes are made to clean dry latrines, mostly in the villages in India,
where they carry human faeces in a cane basket from house to house and are paid 2 rupees a
day to clean a dry latrine (amount may slightly vary depending on location/place). With
around 34% Indians living in urban areas, it is imperative to have proper sewer systems in
the cities, however, more manual scavengers die cleaning sewers and septic tanks in urban
areas”.

“Despite laws and policies forbidding manual scavenging, they are not put into real practice
to eliminate it. From the 6th of December 2013 to 31st of January 2020, a total of 62,904
manual scavengers have been identified under National Surveys. According to the National
Commission for Safai Karamcharis (NCSK), data from 194 districts of 18 states in the past
five years, 376 people have died while cleaning sewers and septic tanks, with 110 deaths in
the year 2019 12. On average, this means one death reported every five days”.3

2
Bindeshwar Pathak, “Action Sociology and Development”, 128 (Concept Publishing Company, New Delhi,
1992)

2
International Human Rights Law

In order to promote human rights and end the practice, a number of international instruments
have commanded India to end forced labor practices related to manual scavenging and caste-
based discrimination. In 2019, an ILO committee recognized manual scavenging as a
culturally acceptable activity and demanded that the government take immediate action to
ensure that workers leave this work of their own free will and are not subjected to any form
of coercion that would constitute forced labor. The committee also demanded that immediate
steps be taken to protect manual scavengers from any form of forced labor.

Six of the eight core ILO Conventions aimed at creating worker standards and abolishing
forced labor have been ratified by India. The Sustainable Development Goals (SDGs)
recognize the importance of reducing inequality and eliminating discrimination in order to
end various forms of poverty. Target 8.7 of the Sustainable Development Goals, which calls
for immediate and effective action to end forced labor, modern slavery, and human
trafficking, is critical for illuminating the path to MS eradication in India. In this regard, the
Sustainable Development Goals are critical. The United Nations and other international
forums have recently discussed and pondered the issues surrounding manual scavengers
(UN).

In 2009, the sub-commission for the promotion and protection of human rights requested a
special report to investigate global discrimination in supported work and descent. The issue
of manual scavenging is not limited to India; it exists in many other countries as well. To
address this dehumanizing issue, the United Nations and other international organizations
have enacted a number of regulations (UN). A committee investigated the living conditions
of scavengers, the unfair treatment they face, and the requirements required to protect their
interests. A special report was created to combat the prejudice that the community faced.

Discrimination (Employment and Occupation) Convention, 1958 works on problems of work

related discrimination promoting equality amongst all. Article 1(1) of the convention reads
discrimination,

“(a) any distinction, exclusion or preference made on the basis of race, colour, sex, religion,
political opinion, national extraction or social origin, which has the effect of nullifying or
impairing equality of opportunity or treatment in employment or occupation;

3
“Manual Scavenging in India: Literature review”, Dr. Babasaheb Ambedkar Research and Training Institute,
BARTI, Pune, p.10

3
(b) such other distinction, exclusion or preference which has the effect of nullifying or
impairing equality of opportunity or treatment in employment or occupation as may be
determined by the Member concerned after consultation with representative employers' and
workers' organisations, where such exist, and with other Article 5 of the Convention lays
down that special measures adopted to meet the specific requirements of individuals by
reason of their sex, age, disablement, family responsibilities or social or cultural status shall
not be deemed to be discrimination”.

This convention also asks government to authorize a national agency along with annulling of
inconsistent rules and regulations. Social evolution is one of the base of prohibited
discrimination and ratified, “International Labour Organisation” (ILO) “has ratified Forced
Labour Convention, 1930 to uproot the use of forced or compulsory labour in all its forms as
manaual scavenging is a work no one will chose with an option of other works thus becoming
another form of forced labour. The UN has expressed issues relating to the deployable
condition of scavenging community in elimination of racial discrimination report. It stated,
The Committee notes with concern that very large numbers of dalits are forced to work as
manual scavengers”.

International Convention on Social and Economic Rights to which India has “ratified its
article specifically provides for recognizing the right to work including the right of to the
opportunity to earn his living by work he wants to do and freely choses to do not the work he
is forced into, and to take required steps to protect this right”.

The government took a sincere initiative to translate international human rights into domestic
laws. In 1996, “the Human Rights Committee” considered to India's third periodic report
required under “Article 40 of the International Covenant on Civil and Political Rights”
("ICCPR").4

International covenants, protocols and instruments

The problems and concerns that manual scavengers face have recently been discussed and
debated in international forums, most notably the United Nations (UN). In 2009, the
subcommission on the promotion and protection of human rights designated special
rapporteurs to investigate the widespread problem of ancestry and employment
4
Bindeshwar Pathak, “Road to Freedom: A Sociological Study on the Abolition of Scavenging in India”, 37
(Motilal Banarsidass Publisher, 1999, p.37

4
discrimination. The special rapporteurs' report, which includes draft principles and guidelines
for the effective elimination of work and descent discrimination, is one of the most
significant recent developments in the ongoing process of developing norms and standards
pertaining to work and descent or caste discrimination. The 1958 Convention Against
Discrimination in Employment and Occupation addresses workplace discrimination and
promotes equality in employment and occupation. According to the convention, the
government must also create educational initiatives to promote equal opportunity, adopt
national policies on equal opportunity, and fully cooperate with employers' and workers'
organizations in order to pass legislation to combat discrimination. The convention also calls
for the repeal of discriminatory laws and practices, as well as the establishment of a national
equal opportunity agency. On June 3, 1960, India ratified a law that made discrimination
based on social origin illegal. In 1930, the International Labour Organization (ILO) ratified
the Forced Labour Convention, making all forms of forced or compulsory labour illegal. This
relocation was initiated as a result of a labour shortage. The 2007 annual report of the United
Nations Committee on the Elimination of Racial Discrimination focused on the appalling
working conditions of India's manual scavengers. It stated. “The Committee notes with
concern that very large numbers of dalits are forced to work as manual scavengers”.5

International Conventions Banning Manual Scavenging

A number of conventions and covenants have been ratified by India that prohibit the cruel
practice of manual scavenging. The three conventions in question are the Convention on the
Elimination of All Forms of Discrimination Against Women (CEDAW), the Universal
Declaration of Human Rights, and the Convention on the Elimination of All Forms of Racial
Discrimination (CERD) (UDHR). The following are some relevant clauses from the UDHR,
CERD, and CEDAW:

Article 1 of UDHR

“All human beings are born free and equal in dignity and rights. They are endowed with
reason and conscience and should act towards one another in spirit of brotherhood”.

Article 2(1) of UDHR

5
N.R. Malkani, Government of India, “Report of Scavenging Conditions Enquiry Committee” (Ministry of
Home Affairs, 1980

5
“Everyone is entitled to all the rights and freedom set forth in this Declaration, without
distinction of any kind, such as race, colour, sex, language, religion, political or other
opinion, national or social origin, property, birth or other status”.

Article 23(3) of UDHR

“Everyone who works has a right to just and favourable remuneration enduring for himself
and his family an existence worthy of human dignity and supplemented, if necessary, by
other means of social protection”.

Article 5(a) of CEDAW

States Parties shall take all appropriate measures

a) “to modify the social and cultural patterns of conduct of men and women, with a view to
achieving the elimination of prejudices and customary and all other practices which are based
on the idea of the inferiority or the superiority of either of the sexes or on stereotyped roles
for men and women”.

Article 2 of CERD

Article 2(1)(c)

“States parties condemn racial discrimination and undertake to pursue by all appropriate
means and without delay a policy of eliminating racial discrimination in all its forms and
promoting understanding among all races, and to his end:

(c) each State party shall take effective measures to review governmental, national and local
policies, and to amend, rescind or nullify any laws and regulations which have the effect of
creating on perpetuating racial discrimination wherever it exists;

(d) each State party shall prohibit and bring to an end, by all appropriate means, including
legislation as required by circumstances, racial discrimination by any persons, group or
organization”.6

ILO intervention

The International Labor Organization, or ILO, is the only international organization that
employs a "tripartite" system. Government, worker, and employer organizations have
collaborated in a tripartite manner since the organization's inception. The International Labor

6
Bhasha Singh, “Unseen: The Truth about India’s Manual Scavengers”,2014

6
Organization (ILO) has developed and implemented a number of standards to assist it in
meeting its goals and objectives (international agreements like conventions). The process that
resulted in these standards involved group members reaching an agreement on a specific
subject.

The Discrimination (Employment and Occupation) Convention No. 111 of 1958 addresses
workplace discrimination and promotes employment and occupation equality. Furthermore,
this convention requires the government to enact anti-discrimination legislation by
establishing equal opportunity educational programs, implementing a national equal
opportunity policy, and cooperating fully with groups representing employers and employees.
The convention also calls for the repeal of discriminatory laws and practices, as well as the
establishment of a national equal opportunity agency.

India has ratified one of the categories of unjustified discrimination based on a person's social
background. In terms of forced labour, the International Labour Organization has ratified the
Forced Labour Convention of 1930. The ILO has established a number of standards—
international agreements such as conventions—to achieve its goals and objectives. The
process that resulted in these standards involved group members reaching an agreement on a
specific subject.

The Discrimination (Employment and Occupation) Convention No. 111 of 1958 addresses
workplace discrimination and promotes employment and occupation equality. Furthermore,
this convention requires the government to enact anti-discrimination legislation by
establishing equal opportunity educational programs, implementing a national equal
opportunity policy, and cooperating fully with groups representing employers and employees.
The convention also calls for the repeal of discriminatory laws and practices, as well as the
establishment of a national equal opportunity agency. India has ratified one of the categories
of unjustified discrimination based on a person's social background.

In 1930, the International Labor Organization (ILO) ratified the Forced Labor Convention,
which outlawed all forms of coerced or compulsory labor. Because the majority of Dalits
continue to work in caste-based jobs such as manual scavenging, the government is required
to take action by conducting routine inspections of working conditions, enforcing penalties,
and criminalizing the use of forced or compulsory labour.

The most important fact to remember is that the 1957 Convention on the Abolition of Forced
Labour addresses the abolition of forced labour. According to tradition, the government must

7
take action as soon as possible to end forced or mandatory labour. The Indian Planning
Commission developed the National Plan with the goal of eliminating manual scavenging by
2007. However, due to the failure to meet this goal, the plan was revised to eliminate manual
scavenging by 2009. Dalits make up the vast majority of children forced to work as slaves in
India.

Since its inception, the International Labour Organization has ratified a number of child-
protection conventions, making child labour a top priority. The goals of the 1973 Minimum
Age Convention and the 1999 Worst Forms of Child Labour Convention are to eliminate
child labour and the worst forms of child labour, such as child prostitution, child sale and
trafficking, and work that is harmful to children's health, safety, or morals. As a result, the
ILO's primary goal is to completely eliminate child labour. The ILO has adopted two
conventions to achieve this goal. The government is required by the 1973 Minimum Age
Convention to set a minimum age for children to enter the labour force, appoint a competent
authority to carry out the convention, and impose financial penalties. Furthermore, the
convention requires governments to impose criminal sanctions.7

While we continue to seek a long-term solution to end this heinous practice, it is instructive
to examine how things are handled in other countries. Malaysia used to despise the practice
of forcing Chinese migrants to perform tasks they despised between 1950 and 1980.
According to Dwivedi and Singh (2017), this practice has been around for about thirty years.
The Malaysian government's political determination to make the country a tourism hotspot in
recent years, on the other hand, has resulted in the abolition of manual scavenging. To
address the sanitation issue, Malaysia's government has resorted to mechanical solutions.
Strict rules, laws, and executive mechanisms were required to effectively manage septic tanks
and feces sludge. The ascent of this mountain was difficult. Despite the fact that 99% of
Malaysians live in cities with accessible restrooms, only 1% of people urinate in public
(Lalwani, 2018). However, in India, less than 30% of sewage is treated (Down to Earth,
2016).

Malaysia's centralization of urban sanitation and waste water management has been a huge
success since its inception. To eliminate the possibility of oversight overlap, a clear division
of duties has been established. With the goal of changing behaviors, attitudes, and beliefs, an

7
A.Shaji George , Dr.V.Saravanan , “A Study On Manual Scavengers -Their Bleak Lives And Harmful, Filthy
Work Which Deteriorates Their Life”, Paper presented at International Award Conference on Multidisciplinary
Innovation 28/12/2019, A.R. Research Publication,p.77.

8
effective communication strategy utilizing social media and television has been developed. It
has been emphasized the importance of training sanitation supervisors and employees to
increase their capacity. As sanitation technologies have advanced, there has been significant
progress on the ground (Karunanithi, 2017). Privatization of the waste water management
sector, as well as the adoption of effective guidelines and standardized protocols for planning
and design, has been shown to benefit citizens' health, as evidenced by a significant increase
in life expectancy from 55.8 years to 73 years and a sharp decrease in infant mortality from
80 deaths per 1,000 births to five deaths between 1957 and 2005. These statistics were
gathered between 1957 and 2005.

Despite their geographical proximity, Pakistan and Bangladesh do not inspire. According to
Abbas, eighty percent of manual scavengers in Pakistan are women from marginalized
groups such as the Churhas and Christians (2019). According to the International Dalit
Solidarity Network (2016), Dalit women in Bangladesh are forced to perform manual labour
such as street sweeping, prostitution, and scavenging. Forcing low-income Hindus and female
street cleaners to clean up filth, dead cattle, and clogged sewers. These female sweepers are
also subjected to sexual harassment.

Manual scavenging was once common in Europe, but it is now strictly prohibited. People in
England were dubbed "Nightmen" or "Gong Farmers" because they had to work late at night
to clean sewers and dispose of human waste. We should pay close attention to the numerous
international documents requiring India to end manual scavenging as we work to make this
heinous practice illegal under our constitution. These documents demand that India stop the
practice. Everyone has the right to social security and must be treated with respect and
equality, according to Articles 1 and 23 of the Universal Declaration of Human Rights.

In addition to maternity leave, the International Covenant on Economic, Social, and Cultural
Rights' Preamble, Articles 3, 7, 10, 11, and 13 promote women's equality, dignity, and decent
living conditions. Discrimination is also prohibited by the Preamble, Articles 2, 3, and 26 of
the International Covenant on Civil and Political Rights in order to promote the development
of a society that is open, equal, democratic, and respectful of life and liberty.

9
The International Convention on the Elimination of All Forms of Racial Discrimination
encourages the use of punitive measures against those who engage in such behavior, and one
of its main goals is to eliminate all forms of discrimination, including those based on gender
and caste. Despite being one of the first countries to sign the UN Convention on the
Elimination of All Forms of Discrimination Against Women (CEDAW), India has yet to
provide equal rights, a higher standard of living, social security, education, rehabilitation, or
employment opportunities to women who work as manual scavengers. When women do
manual scavenging, they violate a number of International Labor Organization conventions.
The 1930 Forced Labour Convention (No. 29), the 1957 Abolition of Forced Labour
Convention (No. 105), the Equivalent Compensation Show (C100), and the Segregation
(Work and Occupation) Show (C111) (No 111).8

Worldwide Taken Measures

The United Nations recently acknowledged this problem. The special rapporteurs established
the sub commission in 2009. They filed a report in protest of the caste's manual scavenging
practices, and this report had a significant impact on the rules that govern these behaviours.
The Discrimination (Employment and Occupation) Convention of 1958, which addresses
workplace discrimination and promotes equality in employment and occupation, states that
governments must pass laws to combat discrimination through the development of equal
opportunity educational programs, the adoption of national equal opportunity policies, and
full cooperation with employers and labour organizations. 9 “Social origin is one of the
grounds of prohibited discrimination and ratified by India on June 3, 1960. Regarding forced
labour, the International Labour Organisation (ILO) has adopted Forced Labour Convention,
1930 to suppress the use of forced or compulsory labour in all its forms. Even in n 2007, the
annual report of the Committee on the Elimination of Racial Discrimination of the UN raised
the question of the way castes were treated in reference to manual scavenging”.10

HUMAN RIGHT PERSPECTIVE OF MANUAL SCAVENGING

When national systems fail to address human rights violations, international discourse
frequently focuses on a state's international legal obligations. Surprisingly, very few

8
Report of the Scavenging Conditions Enquiry Committee, Ministry of Home Affairs, “Central Advisory Board
for Harijan Welfare” (1960).
9
Gita Ramaswamy, India Stinking: Manual Scavengers in Andhra Pradesh and their work (Delhi: Navayana
Publishing, 2005), p. 3.
10
B.N.Srivastva, “Manual Scavenging in India: A Disgrace to the Country”,1997, 36-37, New Delhi: Concept
Publishing Company, 1997.

10
academics appear to have investigated India's global responsibility for manual restoration.
According to a government report, many Indians engaged in manual salvage work are self-
employed. City agencies hire a significant number of scavengersas contractors to clean
latrines and unclog sewers where human waste is dumped. Union des Indes & Ors. v. Safai
Karamchari Andolan11 was a 2014 case in which these parties were involved.

THE RIGHT TO HUMAN DIGNITY

The precise meaning of the phrase "right to dignity" is ambiguous. According to the first
article of the Universal Declaration of Human Rights, all people are born free and equal in
their rights (UDHR). The importance of this clause is emphasized in the preamble to the
ICESCR. Instead of defining this right broadly, Christopher McCrudden acknowledges that
the definition of human dignity must be decided on an individual basis. In De Reuck v. The
Director of Public Prosecutions12, the South African Constitutional Court provided an
interpretation of the concept of human dignity. In this case, the South African Court
determined that criminalizing child pornography does not infringe on human dignity because
it seeks to combat a "evil that exists in all societies" in a "democratic society." Although it
may not appear to be beneficial, this interpretation of human dignity may undermine efforts
to outlaw manual sanitation. In India, unlike in other countries, there is little opposition to the
use of child pornography. Although the Court mentions this issue approximately 20 times
while mentioning only one social explanation for harm, it appears to place more emphasis on
victim harm. As a result, whether a practice is viewed negatively is important, but it is not
determinative. The Supreme Court has ruled, at the very least, that declining physical health
and social status are fundamentally incompatible with dignity. Those born with the ability to
perform manual labor have been aware of their inherent worth since birth. It first appeared in
history in the 18th century BC.

FREEDOM FROM CASTE DISCRIMINATION

According to the Supreme Court of India, the relationship between caste and manual cleaning
is an ICERD violation. The competent United Nations Committee on the International
Convention on the Elimination of All Forms of Racial Discrimination is the body that
determines what constitutes racial discrimination (ICERD). As a result, the "Commission
wishes to emphasize" that all forms of prejudice, including those based on "ancestry," are
prohibited. Based on social stratification structures such as caste and other comparable
11
Union des Indes & Ors. v. Safai Karamchari Andolan, WRIT PETITION (CIVIL) NO. 583 OF 2003.
12
De Reuck v. The Director of Public Prosecutions, (2004) (1) SA 406 (CC).

11
hereditary status structures, which either prevent or impede their equal enjoyment of their
fundamental rights. According to the Commission's findings, a sizable number of Dalits are
forced to work as children or in manual garbage collection, and they frequently face
hazardous working conditions, exploitative behaviours, such as being in debt.13

THE RIGHT TO HEALTH

Article 12 of the International Covenant on Economic, Social, and Cultural Rights (ICESCR)
guarantees the right to health care, which is a more sensible provision for obvious reasons.
Invoking the right to dignity to condemn the health risks associated with manual drumming is
inappropriate. Although the health risks associated with manual drumming can be addressed
through the right to dignity, article 12 of the International Covenant on Economic, Social, and
Cultural Rights provides a more powerful tool: the right to health care.

Due to obvious reasons To ensure that everyone has access to health care, a certain
infrastructure and set of requirements must be in place, even though the right to health care
should not be interpreted as the right to protect one's own physical health. high-quality
medical services Because of low wages and the health risks associated with recovery, some
people are unable to obtain medical care. Many people face discrimination when seeking
medical treatment. The Dalit Research Institute of India claimed in a joint statement with
UNICEF that “due to the inherent risks of manual cleaning to their bodies and communities,
these people do not have the opportunity to realize their right to health care”. Discrimination
in access to and use of health services in health centres can and is frequently carried out
during diagnosis, drug delivery, testing, medical centre wait times, and user fees.14

RIGHT TO GENDER EQUALITY

Despite the fact that this practice is concerning because it denies workers adequate
compensation, human dignity, and the best medical care available, the truth is that it
disproportionately affects women. Concerns about women are far more pressing. Despite the
fact that there are numerous international human rights treaties that defend women's rights,
these treaties do not specifically address the issue that women face, according to the
Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW).
13
R. Dhivya, “Eradication of Inhuman Practice of Manual Scavenging and in Tamil Nadu: Is it Possible?”,
International Journal Of Law Management & Humanities , Volume 3 | Issue 5 2020,p.756.

14
N.R. Malkani, “Government of India, Report of Scavenging Conditions Enquiry Committee” (Ministry of
Home Affairs, 1980.

12
According to CEDAW Article 5(a), Member States must eliminate traditional gender role
stereotypes. Furthermore, this clause condemns both current and historical practices that
oppress women. According to a 2005 International Labor Organization (ILO) report, 95% of
the 700,000 manual waste collectors are women. According to Human Rights Watch, while
women typically clean residential toilets, men are frequently in charge of cleaning sewer
lines. As a result, there is a problem with visibility. Despite the fact that the majority of men
with jobs must work away from home, women are still perceived as being more devoted at
home. Independent expert on women's violence Rashida Manjoo believes that because of the
intergenerational nature of class discrimination, women face a life of exclusion,
marginalization, and disadvantage in all spheres. Article 5 of the Convention on the
Elimination of All Forms of Discrimination Against Women has been violated because
vulnerable women work openly in this field in India. Some academics may argue that the
"choice" to perform manual labor for a living is protected by international human rights law.
Article 6 of the International Covenant on Economic, Social, and Cultural Rights (ICESCR)
protects the "right to work," and if manual cleaning is covered by this right, India is required
by law to uphold it. According to the United Nations Commission on Economic, Social, and
Cultural Rights (CESCR), the supreme treaty interpreter, the right to decent work is protected
by Article 6 of the treaty. Before work can be considered respectable, three conditions must
be met: (1) workers must have the freedom to choose and accept employment; (2) the
profession must respect workers' safety; and (3) workers must be fairly compensated to
support their families. As a result, picking up trash by hand is not considered “kind”.

13