Bihar Dalit Youth’s Online Complaint Spurs NCSK to Take Suo-Moto Action on Patna Manual Scavenging Case, Directs DM for Inquiry

New Delhi- The National Commission for Safai Karamcharis (NCSK) has taken suo-moto cognizance of a serious complaint regarding an incident of forced manual scavenging in Patna, Bihar, highlighting ongoing violations of the Prohibition of Employment as Manual Scavengers and Their Rehabilitation Act, 2013, and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

The complaint, lodged by Shubham Kumar on May 10, via the NCSK online portal (Complaint No. 102574), pertains to an incident that occurred on April 28, at Chandmari Road, Kankarbagh, Mithapur. The complainant alleges that individuals, likely from the Scheduled Caste community, were coerced into manually cleaning sewage and manholes without safety gear or mechanized support. This act is in direct violation of the 2013 Act, which prohibits manual scavenging and mandates mechanized cleaning of sewers and septic tanks, as well as Articles 17 (abolition of untouchability) and 21 (protection of life and personal liberty) of the Constitution of India.

The complainant has demanded several reliefs, including:

1. Immediate inquiry into the violation of the 2013 Act and caste-based discrimination under Article 17.

2. Lodging of First Information Reports (FIRs) under the 2013 Act, the SC/ST Atrocities Act, and relevant sections of the Indian Penal Code (IPC) for endangering human life.

3. Identification of the victims’ names, social categories, and employment status.

4. Compensation of ₹10,00,000 to each victim, as mandated by a 2014 Supreme Court judgment in Safai Karamchari Andolan v. Union of India.

5. Prosecution of responsible officers from the Patna Municipal Corporation (PMC) and supervisory authorities for failing to prevent the incident.

6. A justifiable written reason if FIRs are not lodged.

The complaint is supported by four timestamped, geo-tagged photographs showing individuals handling human waste and opening manholes without protective equipment, underscoring the hazardous and dehumanizing nature of the work.

The complainant has warned that failure to act will lead to legal action, including filing a contempt petition against the NCSK, the State of Bihar, and the PMC, as well as approaching the Patna High Court under Articles 226 and 215 of the Constitution.

The NCSK has initiated an investigation into the matter, invoking its mandate under the Rules of Procedure of the National Commission for Safai Karamcharis, 2019, and Section 31 of the 2013 Act, which empowers the Commission to monitor the Act’s implementation and inquire into complaints of non-compliance.

In a letter dated 19 May 2025 (DO No. 11059/50/7/13/20-RAD), addressed to Dr. Chandrashekhar Singh, District Magistrate of Patna, the NCSK has directed an immediate inquiry into the incident. The Commission has requested a detailed Action Taken Report (ATR) within 15 days, to be submitted in a prescribed format, including details of compensation provided to the victims as per the Manual Scavengers Rehabilitation Rules, 2013, and the SC/ST (Prevention of Atrocities) Rules, 2016. A copy of the letter has also been sent to the Chief Secretary of Bihar for further action.