https://www.saddahaq.com/historical-step-of-nhrc-for-elimination-of-bonded-labour
The National
Human Rights Commission (NHRC), India took Suo Motu cognizance (case number: 10928/24/72/2014bl) on a visit report of Joint Registrar (Law) who during
his official visit to Varanasi, Chunar and Mirzapur from 26 March 2014 to 27
March 2014 noticed large number of Brick Kilns on both sides of the road
(Varanasi-Mirzapur Highway) while on the way to Chunar. It was observed that a
large number of children, women along with men were working in the Brick Kilns.
Small huts were noticed which appeared to be used for residential purpose of
these workers. It was also informed that these workers live in pathetic
conditions and there was no effective control of Govt. machinery over them.
District Magistrate, Varanasi, U.P. was directed to submit a 15 point report in
the matter. As the complete report was not received within the stipulated
period, the Commission directed Joint Registrar (Law) to visit Mirzapur and Varanasi
again as follow up in the matter along with officers of the Investigating
Division and submit a report. Pursuant to the directions dated 6.1.2015 of the
Commission, NHRC team consisting of Sh. A.K. Parashar, Joint Registrar (Law),
Sh.Kulbir Singh, Dy. Superintendent of Police, Shri M.S. Yadav, the then
Dy.S.P. and Sh. Y.C. Mishra, Inspector visited District Varanasi, Uttar Pradesh
and held meetings with District Administration, Varanasi & representative
of NGO Manavadhikar Jan Nigrani Samiti(PVCHR), Varanasi on 03 February 2015 and
07 February 2015 respectively. Additional District Magistrate,Varanasi
constituted four teams under concerned SDMs and officer of Labour Department,
Member of District Vigilance Committee, representative of the NGO Manavadhikar
Jan Nigrani Samiti, Varanasi along with members of NHRC team to conduct surprise
visit. The following brick kilns were visited by the teams headed by the
concerned SDMs:1. Visit at A marka Adarsh Brick field village NaipuraJansa, Tehsil
Raja Talab, Varanasi. 2. Visit at R. L. Marka, brick Kiln, Powari Kalan, PS
Badagaon, Tehsil Pindra, Varanasi 3. Visit at R.S Marka Bhatta, Pindra Varanasi
4. Visit at M/s. Jai MaaDurge Brick Industries, Village Dholapur, Milki Chak,
Varanasi. 5. Visit at M/s Prakash Bricks Field, Village Milkichak,Thana
Rohania, Varanasi, UP. A team comprising of Sh Sushil Kumar Gond, SDM
Rajatalab, Sh. R.R. Dubey, Labour Officer, Sh. R.A. Sharma, Labour Officer, Sh.
Ramavatar (husband of Smt. Sita Devi), Vigilance Committee member and Sh.
Irshad, member, NGO Peoples Vigilance Committee on Human Rights(PVCHR),
Varanasi conducted enquiry on 03.02.15 at M/s "A" Marka Adarsh
Brickfield,Village,Nainpura Jansa,Tehsil Rajatalab,Varanasi, U.P. in the
presence of the NHRC team (Shri Kulbir Singh, Dy.S.P.). During enquiry, the
team recorded statements of 30 persons (27 labourers+03 employers/owners of
brick kiln). 18 labourers among 27 stated that they have taken advance money in
lieu of brick moulding work from the owner of the brickkiln.The labourers
stated that brickkiln owner Sh. Anil Patel, Sh. Pritesh Dubey and Sh. Hoshila Prasad
never imposed any restriction on them and gave sufficient money for food on
weekly basis besides Rs.500/for medicines. No labour from other States of India
was found at brick kiln. 27 labourers expressed their willingness to continue
work at the brick kiln. Details of labourers whose statements were recorded are
given below:
1 Sh. Hiralal Yadav r/o Village:
Nandapur, Post Ramapur Badagaon, District Varanasi, UP
2 Sh. Ashok Kumar Pandey,r/o
Village: Vasantpur, District Varanasi, UP
3 Sh. Vijay r/o Village Badepur,
Tehsil Pinda P.S. Phoolpur, Varanasi, U.P.
4 Smt. Pramila w/o Vijay r/o
Village Badepur, Tehsil Pinda P.S. Phoolpur, Varanasi, U.P.
5 Sh. Lalli s/o Late Sh. Murali
r/o Village and Post Sahanti, P.S. Ali Nagar, District
Chandauli,
UP
6 Smt. Vimla Devi w/o Sh. Murali
r/o Village and Post Sahanti, P.S. Ali Nagar, District Chandauli, UP (alongwith
three minor children (1 girl + 2 boys) aged between 2 to 8 years).
7 Sh. Ghanshyam w/o Late Sh.
Manohar r/o Village Kuar, P.S. Phulpur, Varanasi, UP
8 Smt. Munni Devi w/o Sh.
Ghanshyam r/o Village Kuar, P.S. Phulpur, Varanasi, UP
9 Sh. Dinesh s/o Sh. Ghanshyam r/o Village Kuar, P.S. Phulpur,
Varanasi, UP
10 Sh. Raju s/o Sh. Ghanshyam r/o
Village Kuar, P.S. Phulpur, Varanasi, UP
11 Ms. Reenu (15 years) d/o Sh.
Ghanshyam r/o Village Kuar, P.S. Phulpur,
Varanasi,
UP
12 Smt. Asha r/o Village Kuar,
P.S. Phulpur, Varanasi, UP (Ms. Meenu, aged six years)
13 Sh. Vakiya Musahar, r/o
Village Patvahi, Post Ahrora, Mirzapur, UP
14 Ms Nirmala w/o Sh. Vakiya
Musahar, r/o Village Patvahi,Post Ahrora, Mirzapur, UP
15 Rajkumar s/o Sh. Vakiya
Musahar, r/o Village Patvahi, Post Ahrora, Mirzapur, UP
16 Shri Doodhnath s/o Jaykshi, Village Pavra, P.S. Sakaldiha,
Chandauli, UP
17 Sh. Raj Kumar s/o Shri
Doodhnath s/o Jaykshi,Village Pavra, P.S. Sakaldiha, Chandauli, UP
18 Sh. Pappu s/o Shri Doodhnath
s/o Jaykshi, Village Pavra, P.S.Sakaldiha, Chandauli, UP
19 Smt. Geeta w/o Sh. Raj Kumar
s/o Shri Doodhnath s/o Jaykshi, Village Pavra, P.S.Sakaldiha, Chandauli, UP
20 Sh. Suraj Village Mahrak
Paschimpur, Post Jamalpur, Varanasi, UP
21 Smt. Hira w/o Sh.Suraj Village
Mahrak Paschimpur, Post Jamalpur, Varanasi, UP
22 Smt. Sudami w/o Sh. Hira Lal Village Pavra, P.S.Sakaldiha,
Chandauli, UP
23 Ms. Hevanta (15 years) d/o
Hira Lal Village Pavra, P.S. Sakaldiha, Chandauli, UP
24 Sh.Mahender s/o Sh. Sohan Village Pavra, P.S. Sakaldiha,
Chandauli, UP
25 Smt. Bittun M/o Mohinder
Village Pavra, P.S.Sakaldiha, Chandauli, UP
26 Smt. Sheela w/o Sh. Mahender
Village Pavra, P.S. Sakaldiha, Chandauli, UP
27 Sh. Hiralal s/o Sh. Yamuna r/o
Pavara, PS Sakaldiha, Chandauli, UP
The
enquiry team noted that the wages paid to Munshi and Supervisor of the brick
kiln were less than the minimum wages, hence action against the brickkiln owners
was initiated by the Labour Officer under Minimum Wages Act, 1948. It was also
noted that payment/wages of some labourers was due and full payment was not
given to them, hence action under Payment of Wages Act, 1936 was initiated
against the brickkiln owners. The labourers working at the brickkiln were
residents of District Varanasi, Chandauli and Mirzapur, U.P.and belonged to
Mushahar Community. The team noted that the children of the labourers were not
sent to the school and brickkiln owners had also not made any arrangements for
transportation. The team recorded statement of SDM Rajatalab who could not
reach on any conclusion and stated that further action would be taken after
examination/consultation of law and provisions related to the bonded labour.
Regarding Vigilance Committee the team was informed that no meetings were held
in last one year and SDM further stated that he has just joined 45 months back
and also this tehsil i.e.Rajatalab has been created as a new Tehsil in the
district recently. Resolution for constitution of Vigilance Committee at Tehsil
level would be sent to the Government as early as possible. The NHRC team
further noted that no records were maintained by the brickkiln owner about the
number of brick made by the labourers. Also, there was no record about the amount
paid to an individual labourer for work done. Hence, it would be presumed that
full payment and minimum wages have not been given by the brick kiln owner. The
Labour Department has issued notice to the owner under Payment of Wages Act,
1936 and Minimum Wages Act. As such the labourers working at brick kiln in the
view of the team are bonded labourers and action under Bonded Labour System
(Abolition) Act, 1976 as well as under SC/ST (PoA) Act may
be
initiated against the owner of brick kiln.
Report on
7 February2015 of SDM, Rajatalab, Varanasi alongwith statements of the
labourers and owners is taken on record. A team comprising of Shri A.K.
Madhesia, Labour Officer, Varanasi, Shri.Om Prakash Srivastava, Tahsildar, Pindra,
Varanasi and Sh.Mangala and Sh. Brijesh of PVCHR, Varanasi visited M/s.R.L.
Marka Brick Kiln, Powari Kalan, PSBadegaon,TahshilPindara,Distt Varanasi in the
afternoon of 03 February 15. Shri Y.C. Mishra, Inspector NHRC was present
during the inquiry. During the visit, the statements of following 39 Brick Kiln
labours were recorded by Shri A.K. Madhesia, Labour Officer, Varanasi, Shri Om
Prakash Srivastava, Tahsildar, Pindra, Varanasi in the presence of NHRC team
and Sh. Mangala and Sh. Brijesh of PVCHR :
1 Smt. Indra w/o Satyanarayan
r/o Village: Kara, PS Nawagarh, Distt: Janjgir, Chattisgarh.
2 Sri.Satyanarayan S/o Sri feku
Ram ,r/o Village: Kara, PS Nawagarh, Distt: Janjgir, Chattisgarh.
3 Smt.Permila W/o Sri Rakesh,r/o
Village Mudpar,P/s BilaiGarh,Distt Ballauda Bazar, Chattisgarh.
4 Sri.Rakesh S/o Vinod r/o
Village Mudpar,P/s BilaiGarh,Distt Ballauda Bazar, Chattisgarh.
5 Smt.Sunita W/o Sri Lallan
musahr r/o Village Ramaipur P/s Phulpur, Pindra Varanasi.
6 Smt.Sukrita W/o Sri vyash
narayan r/o Village Kera, PS Nawagarh, District Janjgeer Chanpa, Chhatisgarh.
7 Smt. Sahodra w/o Shri Mohan
Lal, r/o Village Kera, PS Nawagarh, District Janjgeer Chanpa, Chhatisgarh.
8 Smt. Kebra Bai w/o Shri
Shankar Lal, r/o Village Dhara Shiv, Ps Bilaigarh, District Baloda Bazar,
Chhatisgarh
9 Smt.Saraswati w/o Shri
Kewalram, r/o Village Dhara Shiv, Ps Bilaigarh, District Baloda Bazar,
Chhatisgarh.
10 Smt. Jadawati w/o Shri Lalli,
r/o Village Bandipur, PS Jalalpur, District Jaunpur.
11 Smt. Chinta w/o Shri Ramnath, r/o Village Para, PS Bardah,
District Azamgarh.
12 Smt. Indrawati
Devi w/o Shri Rajesh, r/o Village Saraiya, PS Phoolpur, Pinda, Varanasi.
13 Smt. Ram Parmeshwari w/o Shri
Santosh, r/o village Devri, PS Nawavarh, District Janjgeer Chanpa, Chhatisgarh.
14 Shri Vyas Narayan w/o Shri Feku
Ram, r/o Village Kera, PS Nawagarh, District Janjgeer Chanpa, Chhatisgarh.
15 Shri Santosh s/o Shri Sohan, r/o
village Devri, PS Nawagarh, District Janjgeer Chanpa, Chhatisgarh.
16 Shri Shankar lal s/o Shri
Mekru, r/o village Devri, PS Nawagarh, District Janjgeer Chanpa, Chhatisgarh.
17 Shri Ram Nath Banwasi s/o Shri Hawaldar,
r/o Village Para, PS Bardah, District Azamgarh.
18 Shri Komal s/o Shri Ramvraksh,
r/o Bardhara Khurd, PS Chobepur, Varanasi.
19 Shri Rajesh Kumar s/o Shri
Lalchand Mushar, r/o Village Saraiya, PS Phoolpur, Pinda, Varanasi.
20 Manju d/o Shri Pyarelal, r/o
village Ramaipur, PS Phoolpur, Pinda, Varanasi.
21 Smt. Manbhagwari w/o Shri
Rajesh Mushar, r/o village Ramaipur, PS Phoolpur, Pinda, Varanasi.
22 Sri Surendra musher s/o s/o
Late Shri Tilak, r/o village Ramaipur, PS Phoolpur, Pinda, Varanasi.
23 Shri Rajesh Kumar s/o Shri
Surender Musher, r/o village Ramaipur, PS Phoolpur, Pinda, Varanasi.
24 Smt. Prabhawati w/o late Shri
Pancham, r/o village Ramaipur, PS Phoolpur, Pindara,Varanasi.
25 Smt. Itwari Bai w/o Shri
Jagdish, r/o Jobi PS, District Raigarh, Chhatisgarh.
26 Smt. Rajkumari w/o Shri Jeetram,
r/o village Kharra, PS Chhal, District Raigarh, Chhatisgarh.
27 Shri Jagdish Yadav s/o Shri
Ramjiram Ydav, r/o Village Gaurpar, PS Jobi, District Raigarh, Chhatisgarh.
28 Shri Jeetram s/o Late Shri
Dokri, r/o village Kharra, PS Chhal,District Raigarh, Chhatisgarh.
29 Smt. Kamla Devi w/o Shri
Surender Musher, r/o village Ramaipur, PS Phoolpur, Pindara, Varanasi.
30 Shri Dhannu Ram w/o Late Mithai
Mushar, r/o village Ramaipur, PS Phoolpur, Pindara, Varanasi.
31 Smt.Badla w/o Dhannu Musher,
r/o village Ramaipur, PS Phoolpur, Pinda, Varanasi.
32 Shri Dinesh Musher s/o Shri
Rajnath Mushar, r/o Nenwa, PS Iliya, District Chandauli.
33 Smt. Girja w/o Shri Pyarelal,
r/o village Ramaipur, PS Phoolpur,Pindara, Varanasi.
34 Smt. Manju Devi w/o Shri
Rajesh Musher, r/o Nenwa, PS Iliya, District Chandauli.
35 Lallan Musahar s/o late Shri Lakkhan, r/o village Ramaipur, PS
Phoolpur, Pinda, Varanasi.
36 Shri Mohan Lal s/o Shri Feku
Ram, r/o village kera, PS Nawagarh, District Janjgeer Chanpa, Chhatisgarh.
37 Smt. Suman w/o Shri Bharat,
r/o village Barkhi, PS Kapsethi, District Varanasi.
38 Reeta d/o Shri Dhannu Ram, r/o
village Ramaipur, PS Phoolpur, Pinda, Varanasi.
39 Shri Kewal Ram s/o Shri Kheekram, r/o village Dhara, PS
Bilaigarh, District Baloda Bazar, Chhatisgarh.
All the 39 labourers working at Brick Kiln
stated that they have taken advance from the Brick Kiln owner. The team was
informed that the labourers were being paid Rs. 500/per head weekly as
"Khoraki" (for food) and the final payment in regard to wages would
be settled at the end of season. The labourers had no complaint against the
brick kiln owner but the owner failed to produce any relevant document relating
to the payment of wages or the details of work done by the labourers. The minimum
amount of advance taken by any labourer was stated to be Rs. 7500/ and
maximum
amount of Rs. 25000/.However, no sincere efforts were made by the concerned
officers to verify the work done and payment made, as no document was made
available. The payment of minimum wages could have been verified in the case of
these labourers instantly. The living condition of the labourers was found to
be pathetic. No arrangement for proper schooling for the children was found
existing. The Supervisor of the Brick Kiln acting on behalf of Brick Kiln Owner
stated that although the brick Kiln owner claimed to have the licence to run
the brick kiln, but no valid licence, no pollution NOC, etc. were produced. No
meeting of Sub Divisional Vigilance
Committee was held by the concerned SDM. Report on 18 February 2015 of SDM,
Pindara, Varanasi, UP along with enclosures is taken on record. SDM in his
report held that the labourers are not bonded labours despite the team of NHRC
updated and drew his attention towards various labour laws and judgements of the
Hon'ble Supreme Court. However, in the considered view of the team all the 39
labourers named above fall within the category of bonded labour. Team
comprising of Shri Arun Kumar Shukal, SDM, Pindra, Shri S.K. Sinha, Labour
Officer,Varanasi, Smt. Shruti Nagvanshi of PVCHR, Varanasi visited M/s. R.S.
Marka Bhatta, Pindra, Distt Varanasi in the afternoon of 03 February 15. Shri
M.S. Yadav, Dy. S.P., NHRC accompanied the team. SDM recorded the statements of
32 labourers (including two staff of brick kiln) in the presence of NHRC team
Member, Smt. Shruti Nagvanshi and other representatives of PVCHR. SDM
primafacie concluded that there was no bonded labour / child labour case.
However, inspection note under the provisions of Minimum Wages Act, 1948,
Payment of Wages Act, 1936 and Interstate Migrant Act, 1979 were issued, as the
documents relating to payment of wages were not produced by the owner of the
said brick kiln. As per, SDM the labourers were paid wages @ Rs.500- 600 per
thousand for mouldings of brick and were free to move
and no one alleged any forced labour, torture or assault by the brick kiln
owner or his staff. SDM further stated that no labour of other State came
forward to depose his/ her version and no child was found working at the brick
kiln, even parents also did not confirm the involvement of children in the
work. Details of 32 labourers are given below:
1 Sh. Pappu s/o Late Sh. Baiju,
Village and Post Pinda, P.S. Phoolpur, Varanasi, U.P.
2 Smt. Jyoti W/O Pappu, Village
and Post Pinda, P.S. Phoolpur, Varanasi, U.P.
3 Sh. Bhrigu s/o Sh.Murat,
Village Kharua, Post Pinda P.S. Phoolpur, Varanasi, U.P. 4 Smt. Chamela w/o Bhrigu Village Kharua, Post Pindara P.S.
Phoolpur, Varanasi, U.P.
5 Sh. Ramji s/o Late Sh. Jagat
Village Kharua, Post Pinda P.S. Phoolpur, Varanasi, U.P.
6 Sh. Prabhat s/o Ramji Village
Kharua, Post Pinda P.S. Phoolpur, Varanasi, U.P.
7 Sh. Dablu s/o Sh. Ramji
Village Kharua, Post Pinda P.S. Phoolpur, Varanasi, U.P. 8 Smt. Guddi w/o Sh. Dablu Village Kharua, Post Pinda P.S.
Phoolpur,Varanasi, U.P.
9 Sh. Raju s/o Sh. Prem r/o
Village Jamapur, Tehsil Pinda P.S. Phoolpur, Varanasi, U.P.
10 Smt. Kunti w/o Shri Raju
Village Jamapur, Tehsil Pinda P.S. Phoolpur, Varanasi, U.P.
11 Sh. Phoolchand Rajbhar s/o
Late Sh. Kalicharan Village Pindra (Usra Saheed) Tehsil Pinda P.S. Phoolpur,
Varanasi, U.P.
12 Sh. Ram Asre Patel w/o Late Sh.
Hira Lal Patel, R/O Kathirav, Tehsil Pinda P.S. Phoolpur, Varanasi, U.P.
13 Sh. Pintoo s/o Late Sh.
Shankar, Vilalge Sohni, P.S.Gaddi, Distt. Jaunpur, UP.
14 Shri Moti Lal s/o Sh. Gahru,
r/o Village Badepur, Tehsil Pinda P.S. Phoolpur, Varanasi, U.P.
15 Smt. Sadevi w/o Sh. Moti Lal
r/o Village Badepur, Tehsil Pinda P.S. Phoolpur, Varanasi, U.P.
16 Sh. Subhash s/o Sh.Ramraksha
Village Pindra (Kharuvapar) Post Pinda, PS Phulpur, Varanasi, UP
17 Smt. Mira w/o Sh. Ramraksha
Village Pindra (Kharuvapar) Post Pinda, PS Phulpur, Varanasi, UP
18 Sh. Raj Kumar s/o Sh.
Ramraksha Village Pindra,(Kharuvapar) Post Pinda, PS Phulpur, Varanasi, UP
19 Smt. Usha Devi w/o Raj Kumar
Village Pindra (Kharuvapar) Post Pinda, PS Phulpur, Varanasi, UP
20 Sh. Doodhnath s/o Sh. Shankar
Village Pachrasi, Tehsil Pindra, Varanasi, UP
21 Smt. Mantara Devi w/o Doodhnath
Village Pachrasi, Tehsil Pindra, Varanasi, UP
22 Smt. Malti Devi w/o Late Sh.Bucchun Village Pindra (Kharuvapar)
Post Pinda, PS Phulpur, Varanasi, UP
23 Sh. Sunil Kumar s/o Late Sh.
Bucchun Village Pindra (Kharuvapar) Post Pinda, PS Phulpur, Varanasi, UP
24 Smt. Vandevi w/o Sunil Kumar
Village Pindra (Kharuvapar) Post Pinda, PS Phulpur, Varanasi, UP
25 Poonam d/o Late Sh. Bucchun
Village Pindra (Kharuvapar) Post Pinda, PS Phulpur, Varanasi, UP
26 Ruby d/o Late Sh. Bucchun
Village Pindra (Kharuvapar) Post Pinda, PS Phulpur,
Varanasi,
UP
27 Sh. Ramraksha s/o Late Sh.
Tapsi Village Pindra (Kharuvapar) Post Pinda, PS Phulpur, Varanasi, UP
28 Sh. Rama Devi w/o Ramraksha
Tapsi Village Pindra (Kharuvapar) Post Pinda, PS Phulpur, Varanasi, UP
29 Sh. Guddu s/o Late Sh. Tilak
Village Pindra (Kharuvapar) Post Pinda, PS Phulpur, Varanasi, UP
30 Smt. Savita Devi w/o Guddu Village
Pindra (Kharuvapar) Post Pinda, PS Phulpur, Varanasi, UP
31 Sh. Shyam Pyare s/o Sh. Laxmin
Village & Post Kharoja, PS Eliya, Jaunpur, UP
32 Smt. Geeta w/o Sh. Shyam Pyare Village & Post Kharoja, PS
Eliya, Jaunpur, UP
The gist
of the statements of some of the labourers is as under:i) Guddu s/o Tilak along
with 3 family members stated receipt of 1,30,000/as advance. ii) Smt Malti w/o
Lak Bhachnu Ram she alongwith son, daughter-in-law and two daughters works.
They get Rs. 1000/weekly for food etc. Last year the contractor had taken
10,000/on
her
behalf and they had to settle the advance. iii) Motilal s/o Gahru and his wife,
they were paid Rs. 700800 in a week and Balance amount was kept by the owner.
They alleged non maintenance of record and balance money kept by the owner. iv)
Sh.Ramji
s/o Jagat Ram stated that he had taken Rs. 50,000/advance but was not deducted
from the wages. v) Shom Bhrigia s/o Sh. Murat alleged that counting of brick
moulded by them were not properly accounted for. Smt. Shruti Nagvanshi of PVCHR in
her response on 19 February 2015, has refuted report on 6February 2015 of SDM,
Pindra. According to her, it is doubtful that some labourers had stated payment
of wages Rs.500/, while others Rs.600/, though all labourers were of Mushar
caste and from same village. Moreover, no document confirmed payment of wages
at the rate of, as reported by the labourers. No Diary relating to record of
work done and payment made to the labourers was found in their possession. It
could be presumed that whatever owner paid i.e. accepted by the labourers. Some
labourers were found in the possession of diaries, but it was having no details
of work done and payment made. There was allegation that proper counting of
brick moulded was not maintained. The fact of payment of advance and the reason
of non-recovery of advance had not been verified. The labourers stated that
they generally mould one thousand brick daily whereas they were paid
Rs.700/800/ for food expenses per week and remaining amount was kept by the
brick kiln owner to keep pressure on the labourers to continue work. The
details of work done by the labourers and payments were not recorded in the
statement. Five other labourers reported taking of Rs.10,000/advance, which was
not verified. A labourers admitted of taking advance of Rs.50,000/ but the
details of the said was not asked and facts were not verified. One of the labourers
alleged non counting of 13000 brick molded by his family members. When
inspection note was issued under Minimum Wages Act, 1948, Payment of Wages Act,
1936 and Interstate Migrant Act, 1979, how existence of bonded labour/ child
labour was not considered by the SDM. The non maintenance of record and balance
money by the owner showed that they were compelled to continue forced labour.
She has concluded that she did not agree with the SDM who has failed to declare
labourers as bonded labourers and child labourers in his report. The team
during the visit observed that Smt. Manju Devi was not present at the kiln. Her
husband Shri Vinod Kumar Verma was present who failed to produce any documents
which were required to be maintained under various laws. It was also found that
living conditions of the labourers were very pathetic. No arrangement for
proper schooling for the children was found which is in contravention of the
provisions of Right to Education Act. SDM should have verified from the owner
about their enrolment in the school and action should have been initiated
accordingly. The brick kiln owner or on her behalf no valid licence to run a
brick kiln, no pollution NOC, no licence under Interstate Migrant Act, Payment
of Wages Act etc. were produced.
No meeting of Sub Divisional Vigilance Committee was held. The
SDM Pindra should have acted in more sincere manner and could have taken due efforts
to bring out the ground reality. There would have been compelling circumstances
for the labourers to utter such statement. But it appeared that merely saying
by the labourer was taken into consideration and true spirit of the Act was not
followed. Report of SDM, Pindara, Varanasi, UP alongwith enclosures is taken on
record.
A team
comprising of Sh. Sushil Kumar Gaud, SDM/Rajatalab, Varanasi and Sh. Rajesh
Kumar Chaudhary, Member District Vigilance Committee under the supervision of
Joint Registrar (Law)/NHRC visited M/s. Jai Ma Durge Bricks Industries,
Dholapur, Milkichak, Varanasi on 3/2/2015. SDM and his team recorded the
statements of 15 labourers and all of them stated to work as per their own
wish. One labour Sh. Babban Lal Patel, stated that no labour rates were fixed with
the brick kiln owner and rest of labourers confirmed their wages more than the
notified rates of the State Govt. Out of 15 labourers, three from Jharkhand and
6 from Chhattisgarh and those who remain present at the brick kiln in the night
were provided with wood for cooking the meals along with the Khoraki. Out of 15
labourers, 02 are Scheduled Tribe, 5 Scheduled Caste and 6 Other Backward
Class. The labourers of Chhattisgarh were recruited through one Makhmal of Chhattisgarh.
However no document/licence under the Interstate Migrant Act 1979 was produced
before the team. The
labourers
also stated that no record pertaining to the work done and payment received by
them had been given by the brick kiln owner. During enquiry 09 labourers were
given release certificates under the Bonded Labour Act. The brick kiln owner or
his staff also failed to produce any record pertaining to the brick kiln.
Details of the labourers are given below:
1 Sh. Babulal Nagvanshi s/o
Mallu Village Losina Post & PS Chandva,District Palamu, Jharkhand
2 Smt. Janki Devi W/O Sh. Babulal
Nagvanshi Village Losina Post & PS Chandva, District Palamu, Jharkhand
3 Sh. Dev Kumar s/o Sh. Binjhwar
Village Machha, Post Bhatchaura, PS Pachpedi, District Bilaspur,Chhatisgarh
4 Smt. Pancho Bai w/o Dev Kumar
s/o Sh. Binjhwar Village Machha, Post Bhatchaura, PS Pachpedi,District
Bilaspur, Chhatisgarh
5 Sh. Balmukund Patel s/o Baran
Patel Village Bahtara Post Bhatchaura, PS Pachpedi, District Bilaspur,
Chhatisgarh
6 Smt. Anita Bai w/o Balmukund
Patel Village Bahtara Post Bhatchaura, PS Pachpedi,District Bilaspur,
Chhatisgarh
7 Sh. Mohan Singh Maravi s/o
Gokul Singh Maravi Village Dadan Kapa, Post Semarshal,PS Lormi, Distt. Mungeli,
Chhatisgarh
8 Smt. Jaleshwari w/o Sh. Mohan
Singh Maravi s/o Gokul Singh Maravi Village Dadan Kapa, Post Semarshal, PS
Lormi, Distt. Mungeli, Chhatisgarh
9 Sh. Guddu s/o Sh. Lalta r/o
Village Dholapur,Post Kashipur, PS Rohniya, Varanasi, UP
10 Smt. Nanhi Devi w/o Shri Guddu
r/o Village Dholapur, Post Kashipur, PS Rohniya, Varanasi, UP
11 Sh. Laxman s/o Late Sh.
Kishore Village Dholapur, Post Kashipur, PS Rohniya, Varanasi, UP
12 Sh. Chander Sekhar s/o Laxman
Village Dholapur, Post Kashipur, PS Rohniya, Varanasi, UP
13 Sh. Sajan Mishra s/o Late Sh.
Ygeshwar Mishra Village Redma, Daltonganj, Jharkhand
14 Shri Sitaram s/o Sh. Budhram,
r/o Village Dhanapur, Post Paniyara, PS Rohniya, Varanasi, U.P.
15 Shri Babu Lal s/o Sh. Budhram,
r/o Village Dhanapur, Post Paniyara, PS Rohniya, Varanasi, U.P.
NHRC
team noticed that no record under the mandatory provisions of the various acts
were found to have been maintained by the brick kiln owner and no basic
arrangements for the labourers have been made by the brick kiln owner. It
appeared that officers from District Administration or labour department have
never visited this
brick
kiln. The living conditions of the labourers were found to be very poor. The
brick kiln owner or on her behalf no valid licence to run a brick kiln, no
pollution NOC, no licence under Interstate Migrant Act, Payment of Wages Act
etc. were produced before the SDM and the team. Report of SDM alongwith release
certificates has been received and is taken on record. On 3 February 2015 Shri
Sushil Kumar Gaud, SDM, Rajatalab, Varanasi and Shri J.P. Singh, Labour
Enforcement Officer,Varanasi in the presence of Joint Registrar conducted
enquiry on M/S Prakash Brick Fields, Village Milkichak, Thana Rohniya, Varanasi
and submit joint report dated 4.2.2015. The enquiry was conducted in the
presence of Dr. Rajesh Kumar Chaudhary, Member, Vigilance Committee. A perusal
of report disclosed that two child labourers were found working in the above
mentioned brick kiln. Accordingly, the team sent both the children for
ascertaining their age to the Chief Medical Officer, Varanasi. As per report,
no documents/records as per labour laws were produced by the brick kiln
owner.
29 labourers were found to be working in the brick kiln and their statements
were recorded. Out of the 29 labourers, 9 labourers were found to be from other
States. As per report of the Joint Inspection Team, 23 labourers have obtained
advance from the owner. It has also been concluded in the report that since
labourers was free to move and was being paid wages as per the orders issued by
the UP Government from time to time. Shri Om Prakash who is working as Munim in
the brick kiln for the last three years, during enquiry stated that he had
taken advance of Rs.65,000/from the brick kiln owner which was being deducted
from his salary. He further stated that he is getting salary of Rs. 10,000/.
He also
stated that for the last six months he is not taking any salary for adjustment
of his advance. SDM in his report had concluded that no case of bonded labourer
have been established despite law position was explained to the SDM. On careful
perusal of the statements of the labourers, it is seen that they have taken
minimum advance of Rs.15,000/ and maximum of Rs. 1,15,000/.
It is
further seen from the record that although labourers stated that they settle their
bills at the end of the season and they have diaries but none of them produced
any document before the team. SDM has not properly applied his mind and his
report lacks in credence. Children were found working in the kiln and they were
sent for medical examination for ascertaining their age. Report of SDM,
Rajatalab, Varanasi alongwith enclosures is taken on record. The Joint
Registrar/NHRC along with Dy. Labour Commissioner, Mirzapur Range,
SubDivisional Magistrate, Sadar, Sub Divisional Magistrate, Medihan and Circle
Officer, Sadar, Mirzapur visited visited a stone crusher namely M/s JBS Stone,
Devri Kala, Tehsil, Medihan, District Mirzapur on 5 February 15. According to
the District authorities the stone crusher falls within the jurisdiction of
Mining Department of Govt. of India and based upon the statements of the labourers,
prime facie the matter falls under the Equal Remuneration Act and Minimum Wages
Act, since the labourers have stated that they are getting different wages
based on gender and are not getting the minimum wages. The team observed that
on the basis of the material on record, the matter falls within the ambit of
Bonded Labour System (Abolition) Act because the employer failed to produce any
record as mandated under labour laws. Hence a presumption can
safely be raised in favour of labourers that following 20 labourers examined by
the state authorities are bonded labourers and the district authorities are
bound to act as per the mandate of Bonded Labour System (Abolition) Act irrespective
of the fact that the said Stone crusher falls under the administrative control
of the Central Govt.
1 Smt. Usha Devi w/o Gollai,
Village Mediran Jhanna, District Mirzapur, UP
2 Smt.Shiv Kumari w/o Budhiram
Village Devri, Mediran District Mirzapur, UP
3 Smt. Munni W/o Sri Raj Kumar
Village Devri,Mediran District Mirzapur, UP
4 Sri. Nageshwar s/o Budhiram
Village Rajapur, Balubahva, Madihan, District Mirzapur, UP
5 Sh. Sant Kumar s/o Budhu
Village Madihan Jagganpur, District Mirzapur, UP
6 Sh. Shiv Kumar s/o Tulsi
Village Madihan
District Mirzapur, UP
7 Sh. Tribhuvan s/o Late Sh.
Luttur Yadav, Village Barkash District Mirzapur, UP
8 Sh.Ram Dular s/o Jhuri Prasad,
Village Udaipura, Post Utrot, Distt. Chandauli, UP
9 Sh. Lalmani s/o Sh. Dukhi Village Devri District Mirzapur, UP
10 Sh. Tivari s/o Narayan Village
Devi District Mirzapur, UP
11 Sh. Ram Chander s/o Kallu
Village Devri District Mirzapur, UP
12 Sh. Lalmani s/o Sudhai Village
Vaidhnar, Post Kolkavar, PS Vagdara, Distt. Sidhi, MP
13 Sh. Chotey s/o Raghunath
Village Sagra Haliya District Mirzapur, UP
14 Shri Raj Bahadur s/o Mishri Lal
Village Sagra Haliya District Mirzapur, UP
15 Shri Bhuvar s/o Sultan Village
Sagra Haliya District Mirzapur, UP
16 Shri Ram Murat s/o Ambika
Village Sagra Haliya District Mirzapur, UP
17 Shri Shyam Lal s/o Shri Budhu
r/o Village Sagra Haliya District Mirzapur,
UP
18 Shri Amrit Lal s/o Shri
Sumeri, r/o Village Sagra Haliya District Mirzapur, UP
19 Shri Sukkal s/o Shri Kalu, r/o
Village Kharuav Ghoraval, District Mirzapur, UP
20 Sh. Sitaram s/o Aanika r/o
Village Sagra Haliya District Mirzapur, UP
The
vehicles involved in transportation of the stone employed by the owners of
stone crushers were found without display of the registration numbers and the
number plates of 11 vehicles were not found displayed. On being informed by
accompanying District authorities, the police of PS, Medihan has prosecuted
them under the provisions of the Motor Vehicle Act on 5 February15. The said
practice is not confined to one stone crusher rather it is prevalent in the
whole area which needs to be looked into by the District authorities. Further,
no facilities with regard to basic amenities, facilities of safety equipments
were found at the said stone crusher. It appears that the departments concerned
who are supposed to look after the safety aspects are not vigilant and are not carrying
out their functions at all in this direction. It could also be seen that the
stone crushers are involved in reckless mining operations as well causing
environmental degradation and ecology. It appears that there is no monitoring
mechanism on the mining activities being carried out recklessly by the owners
of stone crushers in this area. The safeguards with regard to health aspects
and treatment of labourers have altogether been found missing. It is sorry
state of affairs that the labourers were supposed to work under inhuman
condition and inhaling the sand dust caused by the stone crushers endangering
their lives. The treatment/ health records of the labourers have not been found
maintained by the employers. The Hon'ble Supreme Court of India in Civil Writ
Petition No.3922 of 1985 in the case of PUCL vs State of Tamil Nadu &
others has directed the District Magistrate to effectively implemented the
section 10, 11 and 12 of Bonded Labour System (Abolition) Act and discharge
their functions with due diligence, with empathy and sensitivity, taking note
of the fact that Act is welfare legislation. The District Magistrate and State
Government would see that Minimum Wages Act, the Workmen Compensation Act,
Interstate Migrant Act, Child Labour (Prohibition & Regulation) Act are
properly and effectively implemented. The Commission in its proceedings dated
18 February 2011 in Case No.42/20/14/2011BL has emphasized that it should not
be forgotten that poor people in this country who are uneducated and mostly belong
to SC and ST have no other alternative but to survive on the earth with
whatever is paid. They are required to do as directed by their masters. They
have no other alternative but to accept what is paid to them. It is for the
officer exercising power under BLSA Act, 1976 to read between the lines and to
understand the circumstances under which a poor person is compelled to work. It
is their duty to raise a presumption when the employer has failed to produce
the relevant records required to be maintained under the Minimum Wages Act and
to declare labourers as bonded labour when they are not paid minimum wages
according to law and no satisfactory evidence is produced as pointed out by the
Minimum Wages Act. Law mandates that employer shall maintain registers and
records giving particulars of employees employed by him, the work performed by
them, the wages paid to them and the receipts obtained. If the employer fails
to produce the books of account, then the District Magistrate or officers authorized
by him must raise the presumption that labourers were kept as bonded labour. If
the inquires are not conducted immediately by the officer concerned and that
amounts to nothing but frustrating the object of the Act (BLSA Act 1976). Team
could not go to Chunar due to law and order problem. Upon careful perusal of
reports on record including the report of the NHRC team, it has been observed
that in none of visits to the brick kilns by the team of NHRC alongwith concerned
SDMs proper records or documents have been produced. No valid licence have also
been produced. Further concerned SDMs have taken action under various laws
except bonded labour in accordance with law. Further the Commission has noted
that DM, Varanasi, UP in his report has claimed that all brick kiln owners are
maintaining record and making payments as per law but team on the Commission as
well as SDMs during their visits have found otherwise.
The Commission is also astonished to note that most of
the brick kilns are being run without proper licence. Such operation without
proper permits/licence not only causing huge revenue loss to the State
exchequer but also leading to exploitation of labour and trafficking in human
beings. In view of the findings of the enquiry teams, the Commission directs as
under: i) Chief Secretary, Govt. of UP to instruct the District Magistrates in
all the Districts for mapping of the brick kilns and other such units as
several such units appears to be in operation without any permit in violation
of laws not only causing huge revenue loss to the State exchequer but also
leading to exploitation of labour and trafficking in human beings. ii) District
Magistrate, Varanasi, U.P. to issue release certificate under BLSA Act. 1976 to
all the bonded labourers after proper scrutiny. The Subsistence allowance
should be immediately given to all the labourers. Their rehabilitation process
should be started immediately with the concerned District Magistrates. iii)
District Magistrate, Varanasi and Mirzapur, U.P. to organise periodical sensitization
programme for SDM/Labour officers about conducting the enquiry relating to the
Bonded Labourer System Abolition Act and other relevant laws/judgements given
by the Hon'ble Supreme Court. Vigilance Committee needs to be activated in
identifying, release rehabilitation of bonded labourers. iv) DM, Varanasi and
Mirzapur, UP to ensure that the basic amenities including the living conditions
be improved and the Provisions of Right to education should also be implemented
in true spirit. The officials must be sensitized to ensure maintenance of
proper records and their production by employers whenever inspection is carried
out. These sensitization programmes be completed before start of the season. v)
Dy. Labour Commissioner, Varanasi and Mirzapur, UP to submit the details of
action taken against the brick kiln owners after invoking the provision of
minimum wages Act, Inter State Migrant Act, SC/ST Act and Child Labour Act
where ever applicable. vi) Senior Superintendent of Police, Varanasi and Mirzapur, UP to submit the details of FIR and present
status registered against the brick kiln owners. vii) District Magistrate,
Mirzapur, U.P. to initiate action under the provisions of Bonded Labour System
(Abolition) Act with regard to 20 labourers who were found working at JBS Stone
Crusher, Devri Kala Tehsil, Medihan, District Mirzapur and issue their release
certificates forthwith. viii) District Magistrate, Mirzapur, U.P. to get an
enquiry conducted at all the stone crushers located in the District in
accordance with the provisions of the Bonded Labour System Abolition Act. ix)
Issue Notice to the Secretary, Ministry of Mines, Govt. of India and also
Secretary, Ministry of Labour to get an enquiry conducted at all the stone
crushers located in the District in accordance with the laws as applicable and
submit report to the Commission. The enquiry inter alia should also cover on
the basic amenities and facilities provided by the employers to the labourers as
mandated under the law. x) A Notice be issued to the District Magistrate and
Superintendent of Police, Mirzapur to launch a drive in order to identify the vehicles
involved in the stone crushers activities and other such activities found without
number plates and submit an action taken report. xi) District Magistrates of
Jaunpur, Chandauli, UP, Sidhi,Madhya Pradesh, Palamu & Daltonganj,
Jharkhand and Bilaspur, Chhattisgarh to submit a report on the steps taken for rehabilitation
of the released bonded labourers. xii) Chief Medical and Health Officer,
Mirzapur, U.P. to visit M/s JBS Stone stone crusher, Devri Kalan Tehsil,
Medihan, Mirzapur and other stone crushers in Medihan in order to examine and assess
the health condition of labourers found working there and submit compliance
report. xiii) DM, Varanasi to submit status of rehabilitation of bonded
labourers rescued and released since 2012 and to submit proof of payment. xiv)
Let a copy of these proceeding along with reports be also transmitted to the
Secretary, Ministry of Home Affairs, Government of India and Director, Central
Bureau of Investigation, New Delhi being nodal Ministry and nodal agency for
the cases relating to trafficking in human beings for information and further
necessary action. DM, Varanasi and Mirzapur, UP to submit status report
regarding action taken against owners who are running kilns without valid
licence. Compliance report be submitted within eight weeks.
