Brick Kiln Bondage in Varanasi – A Call for Justice, Dignity, and Constitutional Accountability 🚨
"Injustice anywhere is a threat to justice everywhere." – Dr. Martin Luther King Jr.
In a chilling testimony from the grassroots of Varanasi, a case of bonded labour, caste-based discrimination, and threats of lethal violence has emerged from a brick kiln in Mangrahua village. At the heart of this injustice are tribal Musahar workers, including Mrs. Ghuna Devi, who dared to demand their lawful wages — only to face threats of being burned alive.
📍 The Context
The Roshan Marka brick kiln, operated under the supervision of Mr. Sunil Yadav (OBC), recruited Scheduled Tribe Musahar families — among the most marginalized, landless, and oppressed communities in India — through a labour contractor. The promises were clear: ₹800 per 1,000 bricks and ₹400 weekly subsistence. The reality was starkly different: no timely payments, caste-based verbal abuse, and forced bonded labour.
On May 4, 2025, when workers again asked for their wages, the response was horrifying: "You’ll be thrown into the kiln fire if you try to escape." Fear-stricken, they fled that night under the cover of a storm — leaving behind all their belongings.
📜 Legal Violations at a Glance
This case is not merely about wage theft — it is a direct violation of multiple Indian laws and constitutional rights:
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Bonded Labour System (Abolition) Act, 1976
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Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989
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Article 23 of the Constitution of India (prohibition of forced labour)
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Minimum Wages Act, and labour rights enshrined in ILO conventions
The Supreme Court, in landmark judgments like Bandhua Mukti Morcha vs Union of India and PUDR vs Union of India, has made it crystal clear: forced labour, especially below minimum wage, is unconstitutional and must trigger state intervention.
⚖️ NHRC’s Prompt Action – A Ray of Hope
Following the complaint filed by me on behalf of the victims, the National Human Rights Commission (NHRC) took suo motu cognizance and directed the District Magistrate, Varanasi, to:
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Inquire under the Standard Operating Procedure (SOP) notified by the Ministry of Labour & Employment (OM dated 17.08.2017)
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Identify and rescue bonded labourers within 24 hours of complaint
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Initiate summary trial within three months
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Provide rehabilitation under the Central Sector Scheme for Bonded Labourer Rehabilitation – 2021
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Register victims on the E-shram portal and act under NHRC Advisory 2.0 (2021)
🧠 Analysis: A Systemic Breakdown
This case is not an isolated incident but a symptom of a larger, structural failure:
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Poverty, casteism, and lack of education create fertile ground for exploitation.
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The Musahar community, often regarded as "rat-eaters" by casteist slurs, face entrenched prejudice.
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Labour contractors exploit their vulnerability with false promises and coercion.
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Despite multiple constitutional safeguards, enforcement remains inadequate, especially in rural Uttar Pradesh.
🔍 What Must Be Done – A Roadmap for Justice
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Immediate Compensation and Wage Settlement for all victims
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Criminal Proceedings against the kiln owner and accomplices under IPC, BLSA, and SC/ST Act
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Rehabilitation Support: housing, livelihood, education for children
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Monitoring Mechanism: NHRC, civil society, and labour department coordination
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Preventive Measures: Regular audits of kilns and industries using migrant/tribal labour
🧩 Conclusion: A Test of Our Conscience
This is not just about the Musahar workers of Mangrahua. It’s about who we are as a nation. Can we continue to chant slogans of “Viksit Bharat” while Musahar women and men are burned in the flames of caste and class violence?
The NHRC's response is commendable, but justice demands follow-through. The State must act with urgency and empathy, or risk losing the moral legitimacy it claims to uphold.
The People’s Vigilance Committee on Human Rights (PVCHR) remains committed to documenting truth, defending dignity, and delivering justice.
#BondedLabour #MusaharJustice #CasteViolence #NHRC #HumanRightsIndia #PVCHR #LabourRights #Varanasi
| Case No.- 10910/24/72/2025-BL |
| NATIONAL HUMAN RIGHTS COMMISSION |
| (LAW DIVISION) |
| * * * |
| MANAV ADHIKAR BHAWAN, BLOCK-C, |
| G.P.O. COMPLEX, INA, NEW DELHI- 110023 |
| Fax No.: 011-24651332 Website: www.nhrc.nic.in |
| Date : 10/07/2025 |
| To, |
| THE COMMISSIONER OF POLICE O/o the Commissioner of Police, VARANASI UTTAR PRADESH Email- cp-pol.va@up.gov.in THE DISTRICT MAGISTRATE Collectorate Compound, Hamrautia, VARANASI UTTAR PRADESH 221102 Email- dmvar@nic.in |
| Sub : Complaint/Intimation from |
LENIN RAGHUVANSHI, HRD |
| Subject: Action Taken Report Called for(ATR) -10910/24/72/2025-BL. |
| Sir/Madam, |
| The complaint/intimation dated 16/05/2025, was placed before the Commission on 10/07/2025. Upon perusing the same, the Commission directed as follows: |
| The Complainant is a human rights activist who has sent this complaint on behalf of the victim, who was a victim of bonded labour. She and other labourers from the Scheduled Tribe Community were employed at the Roshan Marka Brick Kiln, Magrahua, Varanasi. The labourers were promised Rs. 800 per 1,000 bricks and a weekly subsistence allowance of Rs. 400. However, they were neither paid on time nor as promised. When they raised demands for their rightful wages, they were verbally abused with casteist slurs, subjected to humiliation, and coerced into bonded labour. The complainant has requested for justice. In this context, it is important to examine the extant laws/schemes and judgement of the Supreme Court of India on the subject of Bonded Labour which specifically and clearly lays down who is a bonded labour, the authorities to rescue and rehabilitate the bonded labour, procedure to rescue, release and rehabilitate the bonded labourers and how to rehabilitate the bonded labourer. A brief of some important provisions is stated below. Section -10 of The Bonded Labour System(Abolition), Act, 1976 clearly specifies that the State Government may confer such powers and impose such duties on a District Magistrate as may be necessary to ensure that the provisions of the Act are properly carried out and the District Magistrate may specify the officer, subordinate to him, who shall exercise all or any of the powers, and perform all or any of the duties, so conferred or imposed and the local limits within which such powers or duties shall be carried out by the officer so specified. The Standard Operating Procedure for Identification and Rescue of Bonded Labourer and Prosecution of Offender was notified vide OM dated 17.08.2017 by the Ministry of Labour and Employment, Govt. of India. It specifies that the District Magistrate, SDM or police shall rescue the labourers as soon as possible within 24 hours from the time of complaint received. Thereafter the action to be taken is specified in detail. Further, Para 6.1 (ii) lays down that the commencement of Summary Trial of offences under the BLSA shall be not later than 24 hours from the date of identification or rescue, whichever is later. In neither case shall the commencement of Summary Trial be delayed for want of registration of an FIR. Para 6.2 further specifies that the designated Magistrate should conclude the Summary Trial within three months. The Central Sector Schemes for Rehabilitation of Bonded Labourer 2016 and 2021 have been notified by the Ministry of Labour and Employment, Govt. of India vide OM dated 18.05.2016 and 07.02.2022 respectively. It lays down the cash and non cash benefits which are to be given for the rehabilitation of the released bonded labourers. There is also catena of decisions of the Supreme Court of India on the issue of bonded labour in India. In Bandhua Mukhti Morcha Vs. UoI and Ors, the Supreme Court of India stated that 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. This presumption may be rebutted by the employer and also by the State Government if it so chooses but unless and until satisfactory material is produced for rebutting this presumption, the Court must proceed on the basis that the labourer is a bonded labourer entitled to the benefit of the provisions of the Act. The State Government cannot be permitted to repudiate its obligation to identify, release and rehabilitate the bonded labourers on the plea that though the concerned labourers may be providing forced labour, the State Government does not owe any obligation to them unless and until they show in an appropriate legal proceeding conducted according to the rules of adversary system of justice, that they are bonded labourers. Further, in PUDR and Ors Vs. UoI and Ors, the court stated that when a person provides labour or service to another for remuneration which is less than a minimum wage the labour or service provided by him clearly falls within the scope and ambit of the words “forced labour” under Article 23 of the Constitution of India. The District Magistrate, Varanasi is, therefore, directed to inquire into the complaint as per the Standard Operating Procedure of the Ministry of Labour and Employment, Govt. of India. The case of the labourers be examined in the light of the Bonded Labour System(Abolition), Act, 1976 and the orders of the Supreme Court of India. If any bonded labourer is found, further steps be taken for their release and rehabilitation as per the Central Sector Scheme for Rehabilitation of Bonded Labourer- 2021. He shall also take immediate action for registration of the labourers on the E-shram portal and take action as prescribed under the Advisory 2.0 of the NHRC dated 08.12.2021. An Action Taken Report be submitted to the Commission within two months. Put up after two months. |
| 2. Accordingly, I am forwarding herewith a copy of the complaint/intimation as an attachment for taking appropriate action in the matter as per the directions of the Commission. It is requested that an Action Taken Report be sent to the Commission within 8 weeks from the date of receipt of this letter. |
| 3. Any communication by public authorities in this matter may please be sent to the Commission through the HRCNet Portal (https://hrcnet.nic.in) by using id and password already provided to the public authorities (click Authority Login). Any Audio/ Video CDs/ pen drives etc. may be sent through Speed Post/ per bearer. The reports/ responses sent through email may not be entertained. |
Your’s faithfully |
| CC to |
Complainant Details Indrajeet Kumar |
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