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

(1) WAGES:
Before making my proposals, I would place before this Hon'ble Court the
problems which I have visualised during all these days:
The question of wages is a pivotal issue. The illiterate and landless classes of the rural
society, having no other job to meet their daily life requirements, come to Bhatta owners.
They come in a family unit. The admitted wages till today paid to labour are Rs.35 to Rs.40
for 1,000 bricks which, according to the bhatta owners, will be raised to Rs.50 per thousand
bricks in future. The estimated cost of production of 1,000 bricks comes to Rs.220 to; Rs.230
and the sale price today is about Rs.650 to Rs.700 per thousand. The profit seems to be
enormous. The labour force when calculated on daily basis, by producing 1,000 bricks per
day, gets maximum Rs.5 per day. After adjustment of advance, etc. their take-home is not
more than Rs.2.50 a day. This is highly unjust. There should be some relationship between
the profit and the wages oil the labour. This kind of wages even do not work as subsistence
allowances for the labour force.
(2) ADVANCE SYSTEM:
The advance system working within the labour force of bhattas is certainly a cruel and
vicious circle. As submitted above, in most of the cases, the first advance is the money which
is paid by their new owner to their last owner, This money liability is in many cases inherited.
The increase in the advance is not necessarily made by actual payment. The system of fine
in case of non-payment within the directed time by the owner fattens the advances. The few
photo copies of the documents evidencing this position are attached with this report. The
only cure to this seems to be the abolition of advance system altogether and the payment of
wages to the labour force on daily basis to be fixed under the Minimum Wages Act.
(3) LACK OF MEDICAL FACILITIES & EDUCATION:
(i) In order to provide the medical facilities and the facilities of education to the children
of the labour, the application of Factories Act in letter and spirit to the brick-kiln
industry may help a lot to solve this problem.
(ii) Out of the numerous problems, noted above, there is one, the most important
deserving reference i.e. the counting of the bricks after their making. At most of the
bhattas, instead of 1,000 bricks, the owner will receive 1,020 bricks in katcha shape
to account for any loss or damage likely to occur during transportation to the kiln. The
loss/damage to the bricks by rains, etc. is shared by the labour by 50%. This again is
unjustified. It may be mentioned here that in the brick-kiln industry, there are five
kinds of labour force which is detailed below:-
(a) Those who make the bricks are named as PATHAIRAS.
(b) Those who transport katcha bricks to brick-kiln are known as KUMHARS,
(c) Those who stack the bricks in the kiln are known as BHARAI WALAS,
(d) Those who bake the bricks by giving coal, etc. are known as JALAI WALAS,
and ;
(e) Those who, after the baking of the bricks, take them out are known as NIKASI
WALAS.
All the above categories are almost facing the same problems.
(4) LEGISLATIVE MEASURES:
The Constitution of Pakistan in its Articles No.11, 14(1), 15,18, 24, 35, 36 and 37 has
attempted to look after the situation. In P.P.C, sections 367, 368, 370,371 and 374 have
provided punishment in case of violation of the rights noted above. This is not enough. The
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