Contemporary Voice of Dalit, Ahead of Print.
This article problematizes the definitional discourse of manual scavenging in Indian legislative interven-tions and its judicial treatment by the Supreme Court of India. It assesses the evolution of the definition of manual scavenging and the judicial treatment of it to cull out the insufficiency of legal doctrines and judicial interpretations in its elimination. It is argued that the career of legal prohibition of manual scavenging, despite deploying new measures to promote the elimination and rehabilitation, is antithetical to the very objectives of the legislations due to a paradoxical definitional discourse. The paradox is discerned by problema-tizing the condition-based permissibility of manual scavenging, where the usage of protective gear is the excluding criterion for identifying manual scavengers and perpetuates the practice. This condition-based permissibility has been a key burden on the discourse of elimination, as no such measures, it is argued, can mitigate discrimination, humiliation and stigma faced by manual scavengers. After identifying the conditional prohibition of manual scavenging, the article makes normative suggestions towards the adoption of a non-condition–based complete prohibition approach rooted in the understanding of human dignity. This must be complemented with the complete rehabilitation of individuals and complete mechanization of sewage work.