Judical Action to end Bonded Labour - Human Rights Commission ...

Report by Mr Rafique Ahmad Bajwa, Advocate
The report said skilled labour was considerably short of the demand and workers
exploited this fact to force employers to accept their demands. Some professional middlemen
(Jamadars) handled matters in their own interest. All this led to a deviation ñ the peshgi
system ñ which was abused by both sides. The situation was also being exploited by the socalled
labour leaders. It was suggested that institutions might be set up at the district and
provincial levels with which all records of accords etc between employers and employees
might be kept and all matters referred to these institutions for settlement. Neither the workers
nor the employers should be represented by an outsider. A workers welfare fund should be
created.
Report on women and children in brick-kiln labour
Ms Asma Jahangir, Advocate, in her report said:
� Slavery and slavery-like practices result in exploitation as the victims are grossly
abused. Like other constitutions in the world Pakistanís constitution prohibits
forced labour.
� Condition of children: About 60% of the child workers at brick-kilns are under 13;
mortality rate is high; and children cannot leave the work site. Blindness is
common; two out of 20 families have blind children who were not born blind;
blindness among adults is 15 to 20%. Some brick-kiln owners insist on childrenís
employment. No educational/medical facilities at any brick-kiln around Kasur and
Lahore. Children are held as hostages and abused till their runaway
parents/elders are recaptured. Children live in fear and witness violence meted
out to their parents and their mental health is affected.
� Condition of women: Women put in as much labour as men and they also do
household work. Yet their labour is not recognized. Marriage of young girls is
resisted as this would reduce the labour force. Women are forced to work
throughout their pregnancy and are expected back at work a couple of days after
the delivery. Some of the brick-kilns have become prostitution dens. Some
owners have taken pathaira women in marriage and use them for immoral
purposes. Quite a few girls have been abducted. Complaints of rape and
parading women naked have been made. Some widows and abandoned women
were sold to recover loans. Social welfare organizations have not helped the
bonded labour.
� Recommendations: The Supreme Court could lay down parameters for courts in
habeas corpus cases. Recoveries should be made by bailiffs and not by the
police. Where illegal detention is proved, courts should ask the police to register
cases. Labour department should carry out regular inspections. Minimum wages
should be fixed per head and not per family.
Report by the Deputy-Superintendent of Police, Pattoki
Mr Muhammad Ashraf, DSP, described the categories of workers employed at a
brick-kiln and said: workers live at brick-kilns for their own good. Some shrewd workers
create unrest amongst the labour. They have formed a union that misguides them. Some
pathairas have started a bad practice; they take money from brick-kiln owners and when
repayment is sought they go to another brick-kiln owner and repeat the trick and put the
owners in difficulty. In one case a bailiff was reported to have recovered 89 detainees. ìIt
seems, My Lord, apparently it is impossible to illegally confine so many persons at a brickkilnî.
The owner of a brick-kiln filed an FIR and cases were registered against 21 labourers,
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