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

ìORDER: (Dated 21-8-1988)
In this first case of its type, namely, public interest litigation, the Supreme Court
having taken cognizance of a case of public importance for the enforcement of fundamental
rights, regarding bonded labour practices, concluded the first part of the proceedings. All the
21 detenus who belong to brick-kiln labour force and are of Christian community have been
released from the alleged detention. With regard to second part, namely, prevention of the
bonded labour practices in the brick-kiln industry, the court gave directions for devising long
term measures. The reports have been called from the Advocate-General, Punjab, the Police
Investigating Agency, the concerned labour union, the concerned Bhatta Owners Union, the
Director of the Punjab Labour Welfare Department, Lahore High Court Bar Association
through Mr. Abdus Sattar Najam, Advocate, and a separate report which will be treated as
confidential regarding women and children concerned in this labour problem. It has also
been directed that in addition to the efforts being made to eradicate the malpractices in the
field of labour employment in the brick-kiln industry, a system should be devised to avoid all
grievances/complaints of the nature dealt by the Supreme Court in this case. For that
purpose, the first meeting shall be held on Thursday the 25th August 1988 at 10.00 a.m. in
the office and under the chairmanship, of Advocate-General. Punjab; and in his absence, by
the Additional Advocate-General. The following shall attend that meeting :-
(i) Mr. Tanvir Ahmad, Additional Advocate-General;
(ii) A Christian church representative of high order with particular reference - to the
territorial area concerned;
(iii) A Muslim scholar aalim/preacher having strong social influence in the area;
(iv) Mr. Muhammad Zar, Director, Punjab Social Welfare Department;
(v) Mr. Abdus Sattar Najam, Advocate;
(vi) Mr. Shahid Mahmood Nadeem, Reporter of Herald magazine;
(vii) Kaila, a Christian labourer belonging to the actual labour force in the brick-kiln
industry;
(viii) Mst. Aziz Begum, representing the women and children Christian labour force in the
brick-kiln industry.
(ix) Mr. Ihsanullah, representing the Union for brick-kiln labour;
(x) Mr. Niazi, representing the Brick-kiln Owners Association;
and any other person whom the chairman of the meeting might think it proper to coopt.
2. The report about these deliberations and the measures devised therein should be
with a view to enforce them from 28lh August, 1988, in so far as day-to-day
complaints are concerned. The report shall be submitted by the Advocate-General on
the 27th August, 1988 and will be treated as interim report. He will separately submit
his detailed report regarding long-term measures.î
As it would appear from the last order all labourers/detenus having been freed, it was
thought necessary to give enough time to all concerned to prepare and make their
submissions in writing in the form of reports. They were allowed enough time. The matter
was adjourned. During all this effort spread over about three weeks, prima facie, it got
established that at least in the province of Punjab,' lo which the inquiry was primarily directed,
there existed the practice of bonded labour in brick-kiln industry; though it was not on as vast
scale as it was stated to be in the neighbouring country. The level of consciousness amongst
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