Ole Hammerslev
Professor
Activating Citizenship through NGO-Led Litigation: Shaping the Neoliberal State to Eradicate Manual Scavenging in India
Author
Summary, in English
Sanitation work in India is largely carried out by the historically marginalized Dalits, formerly known as untouchables, without proper devices or safety gear, as so-called ‘manual scavenging’. To counter
manual scavenging, non-governmental organizations (NGOs) have turned to courts and litigation as a form of resistance. This brought about some successes: manual scavenging was repeatedly outlawed,
and several high-profile court cases have ordered local governments to take very explicit steps to eradicate it. However, manual scavenging persists rampantly, leading several authors to argue that litigation
has failed in its purpose. We critically evaluate this claim by examining the underlying root question: what purpose do NGOs ascribe to litigation in their efforts to eradicate manual scavenging in the first place? Our analysis is based on a multi-method, qualitative research approach combining analysis of documents of, and interviews with, a total of 23 NGOs. Using the lens of active citizenship, we conclude that NGOs seek to shift responsibility to the government, of which it has absolved itself under neoliberalism, remind the government of its duty to serve its citizens, and overall participate politically. Specific features of courts, such as mandamus and a mediation-oriented approach, were mentioned as uniquely enabling petitioners to exercise active citizenship and force government officials to at least consider manual scavengers’ interests.
manual scavenging, non-governmental organizations (NGOs) have turned to courts and litigation as a form of resistance. This brought about some successes: manual scavenging was repeatedly outlawed,
and several high-profile court cases have ordered local governments to take very explicit steps to eradicate it. However, manual scavenging persists rampantly, leading several authors to argue that litigation
has failed in its purpose. We critically evaluate this claim by examining the underlying root question: what purpose do NGOs ascribe to litigation in their efforts to eradicate manual scavenging in the first place? Our analysis is based on a multi-method, qualitative research approach combining analysis of documents of, and interviews with, a total of 23 NGOs. Using the lens of active citizenship, we conclude that NGOs seek to shift responsibility to the government, of which it has absolved itself under neoliberalism, remind the government of its duty to serve its citizens, and overall participate politically. Specific features of courts, such as mandamus and a mediation-oriented approach, were mentioned as uniquely enabling petitioners to exercise active citizenship and force government officials to at least consider manual scavengers’ interests.
Department/s
- Department of Sociology of Law
Publishing year
2023-05-26
Language
English
Pages
414-431
Publication/Series
Journal of Human Rights Practice
Volume
15
Issue
2
Document type
Journal article
Publisher
Oxford University Press
Topic
- Law and Society
Keywords
- caste
- Dalit rights
- mandamus
- neoliberalism
- public interest litigation
- sanitation
Status
Published
ISBN/ISSN/Other
- ISSN: 1757-9619