Mapping opportunity structure : exploring Dalit-led litigation on manual scavenging
(2023) In Legal Pluralism and Critical Social Analysis 55(1). p.77-96- Abstract
Given a disproportionate scholarly focus on a high-profile litigation on manual scavenging–the manual cleaning of human faeces–in India, this paper aims to explore the experiences of NGOs led by Dalits–formerly “untouchables”–in navigating the judiciary to eradicate manual scavenging. It does so by first exploring the frequency and characteristics of court cases on manual scavenging, and second by exploring obstacles and opportunities that affect whether and how Dalit actors involve courts in their efforts. Through a mixed- and multi-method research, drawing on participatory field research, data from Right to Information requests, court judgments and interviews, the paper operationalises the concept of legal opportunity structure and... (More)
Given a disproportionate scholarly focus on a high-profile litigation on manual scavenging–the manual cleaning of human faeces–in India, this paper aims to explore the experiences of NGOs led by Dalits–formerly “untouchables”–in navigating the judiciary to eradicate manual scavenging. It does so by first exploring the frequency and characteristics of court cases on manual scavenging, and second by exploring obstacles and opportunities that affect whether and how Dalit actors involve courts in their efforts. Through a mixed- and multi-method research, drawing on participatory field research, data from Right to Information requests, court judgments and interviews, the paper operationalises the concept of legal opportunity structure and shows that the choice to litigate is made carefully and is shaped by practical concerns. Notably, caste normativity both pushes Dalit actors towards litigation, and shapes how Dalit actors can engage with the judiciary. This power of caste to shape recourse to state law has serious implications for the idea that law and the judiciary are neutral and available to all equally. While previous literature focuses on public interest litigation and high-profile court cases on manual scavenging, this paper provides the first dataset on manual scavenging litigation, shows that such cases are the minority, and foregrounds experiences of Dalit actors.
(Less)
- author
- Kahle, Alena and Kumbhare, Sagar
- publishing date
- 2023
- type
- Contribution to journal
- publication status
- published
- subject
- keywords
- caste, legal opportunity structure, litigation, Manual scavenging, public interest litigation
- in
- Legal Pluralism and Critical Social Analysis
- volume
- 55
- issue
- 1
- pages
- 20 pages
- publisher
- Taylor & Francis
- external identifiers
-
- scopus:85161450238
- ISSN
- 2770-6869
- DOI
- 10.1080/27706869.2023.2181526
- language
- English
- LU publication?
- no
- id
- 0a8dd0ab-cddd-4767-a7ff-7630b7af128f
- date added to LUP
- 2023-08-23 12:20:22
- date last changed
- 2023-08-23 12:20:22
@article{0a8dd0ab-cddd-4767-a7ff-7630b7af128f,
abstract = {{<p>Given a disproportionate scholarly focus on a high-profile litigation on manual scavenging–the manual cleaning of human faeces–in India, this paper aims to explore the experiences of NGOs led by Dalits–formerly “untouchables”–in navigating the judiciary to eradicate manual scavenging. It does so by first exploring the frequency and characteristics of court cases on manual scavenging, and second by exploring obstacles and opportunities that affect whether and how Dalit actors involve courts in their efforts. Through a mixed- and multi-method research, drawing on participatory field research, data from Right to Information requests, court judgments and interviews, the paper operationalises the concept of legal opportunity structure and shows that the choice to litigate is made carefully and is shaped by practical concerns. Notably, caste normativity both pushes Dalit actors towards litigation, and shapes how Dalit actors can engage with the judiciary. This power of caste to shape recourse to state law has serious implications for the idea that law and the judiciary are neutral and available to all equally. While previous literature focuses on public interest litigation and high-profile court cases on manual scavenging, this paper provides the first dataset on manual scavenging litigation, shows that such cases are the minority, and foregrounds experiences of Dalit actors.</p>}},
author = {{Kahle, Alena and Kumbhare, Sagar}},
issn = {{2770-6869}},
keywords = {{caste; legal opportunity structure; litigation; Manual scavenging; public interest litigation}},
language = {{eng}},
number = {{1}},
pages = {{77--96}},
publisher = {{Taylor & Francis}},
series = {{Legal Pluralism and Critical Social Analysis}},
title = {{Mapping opportunity structure : exploring Dalit-led litigation on manual scavenging}},
url = {{http://dx.doi.org/10.1080/27706869.2023.2181526}},
doi = {{10.1080/27706869.2023.2181526}},
volume = {{55}},
year = {{2023}},
}