India: Slavery of the children is making mockery of Right to Education Act in India

28th September, 2010

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India: Slavery of the children is making mockery of Right to Education Act in India

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Issue: child labour, bonded labour, impunity, right to education, right to live

 

Dear Friends,

Peoples' Vigilance Committee on Human Rights (PVCHR) directly came to know through the victim (Mohd. Basir) about the suffering of his three children by the power loom owner. These children were being ill-treated and very often beaten by the power loom factory owners for forcing them to work for a longer time and bonded for them.

Case detail:

The three sons of Mohd. Basir residents of house No 19/232A Lallapura, Varanasi city, India were working as bonded child labour in the power loom factory of Mr. Jameedl Hazi of Khalik and his mother-in-law Jamal S/O Hanif near to Makkhu Baba Masjid, Lallapura, Varanasi city, India from last six month.

 

1.     Mohd. Ali s/o  Mohd Bashir aged about 13 years old.

2.     Mubarak Ali s/o Mohd Bashir aged about 11 years old.

3.     Murad Ali s/o Mohd Bashir Aged about 9 years old

 In the six month these children were only remunerated with 3800 INR (first installment of 1800 Rupees and second of 2000 Rupees) and they stop going to their work when they were not paid by the owner during their festival EID. 

 These children were being ill-treated and very often beaten by the above said power loom factory owners for forcing them to work for a longer time. The children were employed on the work from 7 am to 11 pm. They were given just 30 minute break during this time for lunch.

  Bashir has 4 sons and 4 daughters. He has no means of livelihood for his family members other than pulling Rickshaw in Varanasi City. His 17 Years old daughter has been suffering from serious illness for last few months and it has added up the hardships to his family.

For the miner children, who have working for such a long time (16 hours in a day) proved to be harmful for their health and they got ill could not continue their work. But the above named owners of the power loom factory are threatening to the children and their parents to send the children on work. It is also informed that the children were being paid much less for their work.

On 22nd September, 2010 PVCHR sent letter to National Human Rights Commission, District Magistrate, Varanasi and State Human Rights Commission, Lucknow.

 Background Information

This is also known as slave labour and is one of the worst types of labour for children and adults, alike. In fact, in 1976 the Indian Parliament enacted the Bonded Labour System (Abolition) Act; herein declaring bonded illegal. However, the fact remains is that this system of working still continues. According to certain experts approximately 10 million bonded children labourers are working as domestic servants in India. Beyond this there are almost 55 million bonded child labourers hired across various other industries. http://www.childlabour.in/child-labour-in-india.htm

 

In Varanasi district and other parts of Uttar Pradesh people from the socially and economically marginalized communities are still exploited for forced labour. People from these communities are treated inhumanly; physically abused and are paid nothing by their employers.

The domestic law against bonded labour – the Bonded Labour System (Abolition) Act, 1976 provides for punishment for compelling a person to engage in bonded labour. In addition to prescribing punishment for forcing persons into bonded labour, the Act by a declaration freed everyone from bonded labour and prohibits contractual agreements facilitating bonded labour and continuation or extension of any pre-enactment agreement of similar nature. The Act also writes off all pre-enactment debts and liabilities that had resulted in forced labour.

 

Sample letter

To,

……………………..

…………………………

Subject:

 

Name of the victims:

4.     Mohd. Ali s/o  Mohd Bashir aged about 13 years old.

5.     Mubarak Ali s/o Mohd Bashir aged about 11 years old.

6.     Murad Ali s/o Mohd Bashir Aged about 9 years old

7.     Mohd. Bashir s/o Mohd Omar Hazi and his family members

Residents of House No 19/232A Lallapura, Varanasi city,India.

Name of Perpetrators:

1.     Jameel Hazi, S/O Khalik

2.     Jamal S/O Hanif

Both are residents of near to Makkhu Baba Masjid, Lallapura, Varanasi city, India

 

Dear Sir/Madam,

I am writing to voice my deep concern regarding the cases of slavery and bonded labour reported from near to Makkhu Baba Masjid, Lallapura, Varanasi city, India. I am informed that the three sons of Mohd. Basir residents of house No 19/232A Lallapura, Varanasi city, India were working as bonded labour in the power loom factory of Mr. Jameedl Hazi of Khalik and his mother-in-law Jamal S/O Hanif near to Makkhu Baba Masjid, Lallapura, Varanasi city, India from last six month.

 I am also informed that in the six month these children were only remunerated with 3800 INR (first instalment of 1800 Rupees and second of 2000 Rupees) and they stop going to their work when they were not paid by the owner during their festival EID. 

 These children were being ill-treated and very often beaten by the above said power loom factory owners for forcing them to work for a longer time. The children were employed on the work from 7 am to 11 pm. They were given just 30 minute break during this time for lunch

  I am informed that Bashir has 4 sons and 4 daughters. He has no means of livelihood for his family members other than pulling Rickshaw in Varanasi City. His 17 Years old daughter has been suffering from serious illness for last few months and it has added up the hardships to his family.

For the miner children, who have working for such a long time (16 hours in a day) proved to be harmful for their health and they got ill could not continue their work. But the above named owners of the power loom factory are threatening to the children and their parents to send the children on work. It is also informed that the children were being paid much less for their work.

Legal action required

In such a situation, it is urged to lodge an FIR against the perpetrators under appropriate sections of Bonded Labour Regulation and Prevention Act, 1976 and Child Labour Regulation and Prevention Act, 1986 immediately so that the poor victims' family could be able to get effective legal remedy and the perpetrators be punished.

 

Yours sincerely,

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PLEASE SEND YOUR LETTERS TO:

1. Krishna Tirath
Minister of Women and Child Development
Government of India
INDIA
Fax: +91 11 2331 4788
E-mail: krishnatirath@yahoo.in

2. Mr. Justice K.G. Balakrishnan
Chairperson
National Human Rights Commission
Faridkot House, Copernicus Marg
New Delhi 110001
INDIA
Fax + 91 11 2338 4863
E-mail: chairnhrc@nic.in

3. Mrs. Shantha Sinha
Chairperson
National Commission for the Protection of Child Rights (NCPCR)
5th Floor, Chnadralok Building, Janpath,
New Delhi
INDIA
Fax: +91 11 23731584
E-mail: ncpcr.india@gmail.com / shantha.sinha@nic.in

4. Ms. Mayawati
Chief Minister
Chief Minister's Secretariat
Lucknow
Uttar Pradesh
INDIA
Fax: + 91 522 223 0002 / 223 9234
E-mail: csup@up.nic.in 

5.Ms. Meira Kumar
Minister, Ministry of Social Justice & Empowerment
Sardar Patel Bhawan
Sansad Marg
New Delhi - 110 001
INDIA
Fax: + 91 11 23742133
E-mail: ddpg2-arpg@nic.in 

6. Director
Department of Women Welfare & Child Development,
Government of Uttar Pradesh,
Jawahar Bhawan, Ashok Marg,
Lucknow
Uttar Pradesh
INDIA
Fax: +91 522 228 6140

7. District Magistrate,Varanasi,India.

Thank you.

PVCHR (pvchr@yahoo.com)