India: Eyewash tactics of administration in matter of Bonded labour in Jaunpur district of Uttar Pradesh

India: Eyewash tactics of administration in matter of Bonded labour in Jaunpur district of Uttar Pradesh
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ISSUES: Bonded labour; corruption; impunity; threat, right to live with dignity

3rd March, 2011

Dear Friend,
Peoples’ Vigilance Committee on Human rights (PVCHR) got information from 25 labours of brick kiln that came to PVCHR office for help. The labourers are from village Sakara and Phattanpur of district Jaunpur of Uttar Pradesh. The labours were compel to work as bonded and were ill-treated by the owner of the brick klin.

Case detail:

On 28th February, 2011 around 3 pm 15 labour of brick kiln factory resident of village Sakara, Post & police station Rampur and 10 labours of brick kiln resident of village Phattanpur, under jurisdiction sureri of district Jaunpur of Uttar Pradesh in the panic condition came to PVCHR office.

The activists listen to the both survivors group. They went to give complain through affidavit to Commissioner of Varanasi region. On which commissioner directed to the labour office of Janupur to investigate and take appropriate action. The Mushars suffering from fear were psychologically supported to the testimonial therapy.

Testimony of Rajesh

I, Rajesh age 20 years son of Dasrath Vanwasi resident of village Sakara, Post – Rampur under jurisdiction Thana district Janupur of Uttar Pradesh. I work as a labour with my wife Sheela in the brick kiln factory for giving shapes to the bricks. When I was beaten in the brick kiln factory and ran from there from than till now I am spending day in fear and having night mare.

I have problem in listening as the “Pappu Pandit” of owner has harshly beaten in my right ears and still its flowing. I work in the brick kiln of Indramani Singh in Deelapur (Panchawar Dagar), Kerakat of Janupur district of Uttar Pradesh. In one day with my wife I give shape to 6000 bricks and earn 300 Rupees (INR) in a day. Whenever in a weekend we go to claim our half wages for food than he abuse us and said “you do not do work and needs money”. In sickness also he beat us with punch for doing work. We get the remaining money after the end of the season.

Before coming to work Om Prakash Singh (sister in law of Indramani Singh) came to Sakara village and gave 10, 000 Rupees advance to me. He also gave advance to many other people and threatened take or do not take money but you have to go work. We always are beaten by this people. Due to fear we came to work in the brick kiln of Indramani Singh.

Previous year before the Durga Pooja in his factory 15 – 16 person in pair with their children went. It was our first day; we did not eat in the day. In the evening we all sit for the dinner. Immediately Indramani Singh came and started to beat us and said go and give shape to the more bricks. With fear I said sir I will make more bricks. We called him uncle and he beat and scolds us. The behaviour of Mushi and the owner was becoming day to day worse. Till now twice I was beaten by the owner and once by the clerk.

On 17th February, 2011 clerk put shawl in my neck and takes me in the office. Clerk and Bhagu (the son of the labour from the Jharkhand) beat together. On that day I only urge to Clerk sir today I am having stomach ache so, I will not wet the soil. After listening this he started to abuse me by using filthy words. In anger he pushed three feet below to my brother wife and her blouse was torn and sari was untidy.

Actually the owner has bad eyes on my wife Sheela from beginning and they molested her while she was taking water from the hand pump near to the office. “The owner has offered her to sleep with them in the office” and the clerk co-operate with him.

The troubled labour somehow managed to escaped as they were not given minimum wages, compel to forcefully work, making bonded labour and incessantly beaten and abused by the using filthy words indicating the caste. In which many labours were badly beaten by the rod.

Next day 1st March, 2011 at 10 am the fearful Mushars with the support of PVCHR went to Labour office Jaunpur. But while reaching there they came to know that labour officer Sri Vijay Yadav went to investigate in the brick kiln factory.

It’s about 2 pm the labours were called at tehsil by the SDM Kerakat. After that SDM Kerakat with the labours went to the place of incidence, because their house hold commodities were lying there. SDM (Sub divisional Magistrate) Kerakat talks to the other labour in the brick kiln factory and they talked in the favour of their owner. It was their problem because they were in the custody of owner. But the officer was consistently speaking in favor of brick kiln owner and trying to discourage victims.

In the case from village Pure Diyalpur C.O (Circle officer), Madiyahu called to the labour to record their statement. But the statement was recorded in front of the brick kiln owner Subhas Singh and due to the terror of him labour were not giving their statement correctly. C.O and Subhas Singh were interrupting in between and demoralizing the labours by abusing. C.O tried to convince the labour that brick kiln owner is a good person. You all are making fancied by doing this you will be spoiled the brick kiln industry

In the judgment given by honorable Supreme Court in the case of Neeraja Chaudhary vs. State of M.P on 1984

The Commissioners and Collectors have multifarious duties to attend and even if they are anxious to help in eradication of the vice of bonded labour system, which we are sure they are, they would not find time to make any personal inquiry or investigation but they would have to rely on their subordinate officers such as tehsildars and patwaris and at many places, the patwaris and tehsildars being either in sympathy with the exploiting class or lacking in social commitment or indifferent to the misery and suffering of the poor and the down-trodden, the task of identification, release and rehabilitation of bonded labour through the official machinery would be very difficult of achievement.

Collector as a result of an order made by this Court, the tehsildar went to the villages in question and sitting on a dias with the landlords by his side, he started enquiring of the labourers whether they were bonded or not and when the labourers, obviously inhibited and terrified by the presence of the landlords, said that they were not bonded but they were working freely and voluntarily, he made a report to the Collector that there were no bonded labourers.

Bonded labourer in order to derive the benefits of this social welfare legislation, should have to go through a formal process of trial with the normal procedure for recording of evidence. That would be a totally futile process because it is obvious that a bonded labourer can never stand up to the rigidity and formalism of the legal process due to his poverty, illiteracy and social and economic backwardness and if such a procedure were required to be followed, the State Government might as well obliterate this Act from the statute book. It is now statistically established that most of bonded labourers are members of Scheduled Castes and Scheduled Tribes or other backward classes and ordinary course of human affairs would show, indeed judicial notice can be taken of it, that there would be no occasion for a labourer to be placed in a situation where he is required to supply forced labour for no wage or for nominal wage, unless he has received some advance or other economic consideration from the employer and under the pretext of not having returned such advance or other economic consideration, he is required to render service to the employer or is deprived of his freedom of employment or of the right to move freely wherever he wants. Therefore, whenever it is shown that a labourer is made to provide forced labour, the Court would raise a presumption that he is required to do so in consideration of an advance or other economic consideration received by him and he is therefore a bonded labourer

Sample letter

To,
.............
.............
.............

Subject: please take immediate action to save the life of 25 labours compel to work as bonded labour in brick kiln factory in Jaunpur district of Uttar Pradesh

Name of the victims:

Group I
1. Kailash 25 years s/o Jalim Mushars,
2. Sadhana 20 years w/o Kailash
3. Somaru 21 years s/o late Dasrath Mushars,
4. Kila Mushars 19 years w/o Somar Mushars
5. Mohan 25 years s/o Tinnu Mushars ,
6. Sunita 21 w/o Mohan
7. Anshu 30 years s/o Tinnu Mushars,
8. Dangari 25 years w/o Anshu
9. Pahpar 20 years s/o Trilokti Mushars,
10. Asha 19 years w/o Pahapar
11. Dil Kumar 21 years s/o Munna,
12. Guddi 18 years w/o Dil Kumar
13. Rajesh 20 years s/o Late Dasrath,
14. Sheela 16 years w/o Rajesh
15. Brinda 18 years s/o Late Dasrath

Are resident of village Sakara, Post & police station Rampur district Jaunpur of Uttar Pradesh
Group II
1. Rajendra Mushars 26 years s/o Late Banwari,
2. Seema 24 years w/o Rajendra
3. Nandu 24 years s/o Sri Bhonu
4. Photu 26 years s/o Bhonu
5. Bindu 18 years s/o Bhonu
6. Sunita 17 years w/o Bindu
7. Guddu 20 years s/o late Banwari
8. Nahki 15 years s/o Bhonu
9. Bhonu 65 years s/o late Parsottam
10. Mahadeva 60 years w/o Bhonu
Are resident of village Phattanpur, under jurisdiction sureri of district Jaunpur of Uttar Pradesh
Name of alleged perpetrator:
• Group I
Sri Indramani Singh and Paapu Pandit Village Dilkapur, pachwal dagra, under jurisdiction Kerakat, of Jaunpur district

• Group II
Sri Subhas Singh village pure, Diyalpur post Rampur, under jurisdiction Surari of Jaunpur district & relatives

Date & Place of Incidence: 24th February, 2011 in Brick kiln factory

Dear Sir/Madam,

I am writing to voice my deep concern regarding the cases of slavery and bonded labour reported of 15 labour of brick kiln factory resident of village Sakara, Post & police station Rampur and 10 labours of brick kiln resident of village Phattanpur, under jurisdiction sureri of district Jaunpur of Uttar Pradesh.
I am informed that on 28th February, 2011 around 3 pm these labours of brick kiln factory came to PVCHR in the panic condition came to PVCHR office. The activists listen to the both survivors group. They went to give complain through affidavit to Commissioner of Varanasi region. On which commissioner directed to the labour office of Janupur to investigate and take appropriate action. The Musharss suffering from fear were psychologically supported to the testimonial therapy.
I am also informed that the troubled labour somehow managed to escaped as they were not given minimum wages, compel to forcefully work, making bonded labour and incessantly beaten and abused by the using filthy words indicating the caste. In which many labours were badly beaten by the rod.
Next day 1st March, 2011 at 10 am the fearful Mushars with the support of PVCHR went to Labour office Jaunpur. But while reaching there they came to know that labour officer Sri Vijay Yadav went to investigate in the brick kiln factory.
It’s about 2 pm the labours were called at tehsil by the SDM Kerakat. After that SDM Kerakat with the labours went to the place of incidence, because their house hold commodities were lying there. SDM Kerakat talks to the other labour in the brick kiln factory and they talked in the favour of their owner. It was their problem because they were in the custody of owner. But the officer was consistently speaking in favor of brick kiln owner and trying to discourage victims. Statement of victim’s labour has not been recorded by competent authority.
In the case from village Pure Diyalpur C.O (Circle officer), Madiyahu called to the labour to record their statement. But the statement was recorded in front of the brick kiln owner Subhas Singh and due to the terror of him labour were not giving their statement correctly. C.O and Subhas Singh were interrupting in between and demoralizing the labours by abusing. C.O tried to convince the labour that brick kiln owner is a good person. You all are making fancied by doing this you will be spoiled the brick kiln industry.
Therefore I urge you to take immediate steps to put an end to slave-like practices like bonded labour in the brick kiln factory and take appropriate action as mentioned in the judgement given by honorable Supreme Court Neeraja Chaudhary vs. Government of Madhya Pradesh and Bandhuwa Mukti Morcha vs. Government of India.
To release the victims Musharss suffering from bonded labour and issue release certificate and register the case against brick kiln owner under the Bonded Labour Act, 1976 and under SC ST (Prevention of Atrocities) Act, 1989

Thanking You

Sincerely Yours

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Please send letter to:

1.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

2. Shri Mukul Wasnik
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

3. Chairperson
National Commission for Scheduled Castes
5th Floor, Lok Nayak Bhawan
Khan Market
New Delhi 110 003
INDIA
Fax + 91 11 2463 2298
E-mail: jointsecretary-ncsc@nic.in, chairman-ncsc@nic.in

4. Director General
International Labour Organisation
International Labour Office, 4, route des Morillons
CH-1211 Geneva 22
SWITZERLAND
Fax: + 41 - 227988685
E-mail: cabinet@ilo.org

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

6. Director and ILO Representative in India
International Labour Organization
Sub Regional Office for South Asia
India Habitat Centre, 3rd Floor, Core 4B
Lodi Road, New Delhi 110 003
INDIA
Fax: + 91 11 24602111
E-mail: sro-delhi@ilodel.org.in

7. Chief Technical Adviser
Promotion the Prevention and Elimination of Bonded Labour in South Asia (PEBLISA)
Sub-regional Programme, International Labour Organization
Sub Regional Office for South Asia
India Habitat Centre, 3rd Floor, Core 4B
Lodi Road, New Delhi 110 003
INDIA
Fax: + 91 11 24602111
E-mail: sro-delhi@ilodel.org.in

8. Ministry of Labour and Employment
Minister Labour and Employment,
120, A-Wing, Shram Shakti Bhawan,
New Delhi-110001
INDIA
Tel: +91 11 2371 0240/ 2371 7515