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Informed Officials in Telangana Pursue Justice

Officials make their way to the victims

Officials make their way to the victims

The principal guardian of the poor against all forms of injustice is the public justice system – police, government officials and the judiciary working together to protect people from violence and oppression. A key component of an effective public justice system is well informed officials who are not afraid to enforce the law. This was illustrated by a case on September 5 in Telangana.

Several victims had been held in bonded labour in a charcoal making business. They were not paid what they had been promised and they recounted stories of physical and verbal abuse spanning two years. They explained how the owner refused any assistance after their meagre belongings were washed away by a flood a year earlier. Unable to survive at the site, the victims fled by night and returned to their home village some 300 kilometres distant… only to have the owner come repeatedly and physically force four of them to return to the work site.

The families contacted Association for Rural Development (ARD), who partnered with International Justice Mission (IJM) and local authorities to locate the missing victims. When they arrived at the owner’s home, one of the victims was found at that very location and told a story of abuse and threats to his life.

The owner, however, appeared untroubled by these revelations. In an apparent attempt to justify forced labour and abuse, he argued that the victims owed him money and even produced documents showing the advances he had paid to the victims. These amounted to between Rs. 10,000 and Rs. 20,000, for which entire families, including children, been compelled to work for two years.

Fortunately the police and other officials in the district were knowledgeable about the law and were not taken in by these arguments. Chapter VI, session 17 of The Bonded Labour System (Abolition) Act (BLSA), 1976 states that “Whoever advances, after the commencement of this Act, any bonded debt shall be punishable with imprisonment for a term which may extend to three years…” Rather than absolving himself of wrongdoing, the accused was heaping up evidence of his crime.

The District Collector conducted a prompt and informed inquiry and issued official release certificates to nine victims, including two boys, aged six and ten, who were found to be victims of bonded labour.  The survivors who had been abducted have been located and returned to their home village where they will receive help in rebuilding their lives.

Uniformed or apathetic officials might have been persuaded by a smokescreen of documents. But because this was not the case in this Telangana district, charges have been filed against the accused and the public justice system has the opportunity to stand as an effective guardian for the poor and vulnerable who need it most.

As civil society and government work together, we can make this kind of informed governance the norm in every district across India. When that day comes, those who would build a business on the exploitation of the poor will find themselves out of a job.

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by | October 28, 2014 · 1:12 pm

Child Labour

Child Labour

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by | June 6, 2014 · 8:00 am

A Dedicated RDO Against Bonded Labour

IMG_6246Consistent relationships with RDOs are crucial in involving the local justice system to work on behalf of bonded labourers. On 31 January 2014, Ms. R. Abirami, the RDO of Thiruthanni, led her second IJM-associated rescue at a sugarcane worksite in Nemili.  Ms. Abirami is no stranger to IJM. In 2013, she had partnered with IJM in rescuing 273 bonded labourers from a brick kiln in Thiruvallur district, making it the second largest rescue in IJM history.

Although she was familiar with IJM’s work, this was a new experience for both the RDO and the IJM team, as it was the first-ever rescue from the sugarcane industry. Three families – 10 victims in total – were rescued and brought out from the sugarcane worksite.

Maya*, a 16-year-old girl, was forced by the owner to drop out of school in order to work alongside her family. Her family received no wages, but continued to be bonded under the illegal advance that they received as long as three years back. Another victim, Devi*, lived in constant fear of being sexually assaulted by the owner. She was unable to protect herself or her family members from various forms of violence subjected by the owner.

During a standard rescue operation, the RDO, police force, and the IJM team enter the facility and immediately approach the labourers to begin an initial enquiry process. This gives the RDO an opportunity to hear first-hand from the victims themselves. The labourers tell their stories to the RDO, desperate for help to come in any form.

In this case, the operation went relatively smoothly, expect for one minor occurrence. A crowd had gathered, creating an obstacle around the RDO and her vehicle. The neighbouring farmers, who were confused about the sudden rescue operation, began to ask questions about what was happening. Ms. R. Abirami instantly educated them on the elements of bonded labour, explaining that such a system easily exists in silence. She was fully aware of her duties as a government official and did not hesitate to step up. This is evident progress from when IJM Chennai started conducting rescues a decade ago—government officials were reluctant to acknowledge the existence of such a practice, let alone show initiative and leadership.

IMG_6473

Ms. R. Abirami issued release certificates for the rescued labourers on the same night, and included an initial rehabilitation sum of Rs. 1,000 from the government. All three families have now safely returned to their villages and are hopeful participants in IJM’s psycho-social rehabilitation program. This opens up a new chapter in all their lives. None of this was possible without the help of a dedicated government official, who continues to eagerly fight bonded labour one rescue at a time.

*Names have been changed to protect the identity of the clients.

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by | March 12, 2014 · 1:34 pm

Bonded Labour: An Anti-Human Design (infographic)

Infographic Draft Level IV 02January2014

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by | January 3, 2014 · 10:40 am

Infographic on Bonded Labour

2-07

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by | October 18, 2013 · 10:59 am

A Poem on Bonded Labour

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by | September 18, 2013 · 9:11 am

Eradicating Bonded Labour From Brick Kilns

“The entire family works in the Brick Kiln for an advance, but then only one person gets a payment – the others do not –Are they all family members bonded? Or are they free to migrate?” 

“Are brick kiln workers entitled to maternity benefits?”

“Workers in Brick Kilns work for long duration extending up to 14-16 hours in a day during peak season. Can brick kiln workers get overtime wage?”

ASC - Adivasi Workers in Brick Production Activities

These were, among other issues raised by brick kiln workers from Punjab during an interactive session on Bonded Labourers in Brick Kilns held in the India International Centre, New Delhi on August 27, 2013. The meeting was addressed by the Deputy Director General Labour Welfare Shri A K JenaSri Onkar Sharma Regional Labour Commissioner; former fellow at the VVGNLI, Coen Compier, International Labour Standard Specialist at the ILOJ John, Executive Director, Centre for Education and Communication; and Jai Singh, Volunteers for Social Justice.

Shri. A. K. Jena while addressing the Interactive session pointed out the responsibility of the contractors who bring the migrant workers to the brick kilns as well as the employers in ensuring the well-being of the workers. Sri Omkar Sharma stressed that all brick kilns should get registered under the Factories Act. He pointed that while there are gaps in enforcement, Indian labour laws equip trade unions to take up several issues. He stressed on the need to organise.  Coen Kompier, while addressing the issue of wages said that some labourers get piece rate, whereas some get time rate.   According to Kompier, the Time-Motion study proposed by ILO would help in addressing the issue of wages appropriately. Addressing the press, J John highlighted that advance continues to be the medium through which labour market in the brick kiln is regulated.

A field study conducted by CEC and VSJ indicates that in Amritsar, Ferozpur and Taran Taran, 94 per cent of all workers (Pathers, Jalais, Bharais and Nikasis) took advance, and among Pathers (moulders), everyone took advance. More than 35 per cent took an amount higher than Rs.50000. Most of them said that they cannot repay the advance at the end of the season.  This  debt bondage is justified by  the following reasons: (1) it is compulsory to take advance; (2) advance is repaid against wages; substantial amount is deducted; (3) there is no clear documentation of advance taken, work done and the loan repayment; (4) workers get only a weekly payment, so low that they cannot manage daily requirements without taking loan again; (5) workers do not get minimum wages; (6) workers cannot leave the job in a particular kiln and take in another till the advances are paid off; (7) workers are compelled to go as dictated by the Jamadar from whom they have taken advance, in the next season.

The interactive meeting was attended by representatives of International justice Mission, ActionAid, ILO, human rights activists, academicians, print & electronic media persons, and brick kiln labourers. The meeting concluded with the suggestion of conducting training workshops for trade unions, non-governmental organizations on various aspects related to labour laws. Emphasis has been laid on organising workers.

The meeting was organised by Centre for Education and Communication in collaboration with Volunteers for Social Justice, supported by Anti-Slavery International as part of the project “Eradicating Bonded Labour from Brick Kilns”.

The author of this post, Bhupali Magare, is a researcher for the Centre for Education and Communication. 
07503482191/ bhupalimagare@gmail.com

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by | September 12, 2013 · 10:07 am

Infographic on Bonded labour

Bonded Labour

Please check out our website – bandhua1947.com – for more information.

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by | August 5, 2013 · 7:36 am