Case primary details

Fact finding date

Case Incident details

Case summary

The present case pertains to a bonded labourer Chamkaur Singh S/o Jagtar Singh R/o Village Dinnewal, Tehsil Khadoor Sahib, District Tarn Taran whose father is in the illegal detention of the police of PS Khadoor Sahib at the behest of the brick kiln owner Vijal Pal Chawdhary whose brick kiln is located in Verowal Road, Khadoor Sahib, District Tarn Taran for recovery of bonded debt and his 20 day old child suffering from Jaundice is forced to remain at the brick kiln with his mother until his father Chamkaur Singh can arrange for the bonded debt to buy the freedom from the brick kiln owner to leave his employment. The detailed facts of the case are as under;

(A)Chamkaur Singh was advanced a bonded debt amounting Rs 50,000 by the owner / occupier by the name Vijal Pal Chowdhary whose brick kiln is usually called by the name Khera Bricks Co located in Veroal Road, Khadoor Sahib, Tarn Taran in the month of September in 2012 and employed as Pather (brick moulder) with his family members. At the time of his employment in 2012, the family of Chamkaur Singh consisted of his father Jagtar Singh, his wife Pooja, and his 2 children (now 3 children) Komalpreet Kaur aged 4 years and Shivmani Singh aged about 6 months.

(B)That soon after the worker family moved to the brick kiln to start their work, the brick kiln owners in Punjab called a state wide strike to claim exemptions under the Mining Act. The strike called by the kiln owners was highly illegal and at the cost of the life and liberty of lakhs of workers already employed by such owners by advancing bonded debts. The detailed facts of the illegal strike is mentioned in the original petition made to the NHRC in case No 1576/19/1/2013-BL.

(C)That, Dalit Dasta Virodhi Andolan filed a petition dated 5^th March 2013 where in the matter of bonded labour due to the illegal strike was brought to the attention of the present Hon’ble Commission in the case No 1576/19/1/2013-BL. Thereafter, the present Commission was pleased to pass an Order dated 29^th July 2013 whereby the District Magistrate, Tarn Taran was directed to conduct an immediate spot inquiry. However, the DM, Tarn Taran failed to comply with the Orders of the Commission and the undersigned social action group was asked to file a rejoinder in this regard. The rejoinder / comments on the non compliance of the DM, Tarn Taran to the orders of the Commission was filed on 30^th October 2013.

(D)That Chamkaur Singh is one of the 1000 other worker families whose case is annexed in the original petition in case No 1576/19/1/2013-BL. Chamkaur Singh’s name appears in the original petition - Annexure A- Serial number 124 . The bonded debt taken by him in 2012 is still claimed by the employer and Chamkaur Singh continues to be bonded at the same brick kiln till date. In lieu of the said debt, Chamkaur Singh and his family were made to work for more than 15 hours a day, without paid weekly rest, in the most dismal working conditions in violating of every labour Law, Rules and Regulations. Owing to the bonded debt, the bonded labourers have also been denied their earned wages and continue to be forced to work at the brick kiln for a meagre subsistence allowance.

(E)  That since the advancement of the bonded debt in 2012, the worker family has not been allowed to return home and have been forced to remain at the brick kiln. The workers are not allowed to leave the premises unless the employer permits and under no circumstance are they allowed to leave the brick kiln premises with their belongings.

(F)  That during the last week of September 2014, Chamkaur Singh decided to confront the employer regarding his wages since his wife had just given birth and the newborn infant is sick. The newborn infant, who is about 20 days old now, is suffering from Jaundice and in need of immediate medical attention. However, the employer claimed that the bonded debt had now piled up to Rs 90,000 and if he wished to leave the employment he may do so on returning the bonded debt. Puzzled by the demand for such a high amount, Chamkaur Singh argued with the employer that he and his family members have been working continuously for 3 years now without any wages and there cannot be any debt still remaining. The employer told Chamkaur Singh that the interest had piled up in addition to some petty amounts taken for their survival. The employer was annoyed at Chamkaur Singh’s protest and warned him for dire consequences if he tried to leave the brick kiln without paying the bonded debt. That night, some henchmen of the employer came to the residence of Chamkaur Singh at the brick kiln equipped with sticks and other weapons. Fearing that he may lose his life, Chamkaur escaped from there and took refuge at a relative’s house. Next day morning, the father of Chamkaur Singh was arrested from the brick kiln and taken to Khadoor Sahib police station and detained there at the behest of the employer. The Khadoor Sahib police are nothing but the agents of the employer assisting him in perpetuating the bonded labour system. Till now it is not certain whether the father of Chamkaur Singh has been released from detention although VSJ has brought the matter to the notice of the SSP, Tarn Taran to inquire into the illegal detention. Chamkaur Singh has been taking refuge at the Transit Rehabilitation Centre of VSJ not daring to go back to the brick kiln, to his wife and newborn child.

(G)That, Chamkaur Singh belongs to the Mazhabi Sikh caste which is a Scheduled Caste in the State of Punjab and the employer Vijay Pal Chowdhary belongs to a non Scheduled Caste. The provisions of the Scheduled Caste and Scheduled Tribes (Preventing of Atrocities) Act, 1989 meant for the protection of the vulnerable sections of society has also eluded the bonded labourer family owing to the complete apathy of the district administration of Tarn Taran to take action required under the Law. An action is warranted under S.4 of the said Act against the District Magistrate, Tarn Taran.

1. In spite of the orders of the Hon’ble Commission, no action has been taken thus far by the DM, Tarn Taran to protect the rights of the bonded labourers. The workers are in continuous bondage since September 2012. Now, the life of the 20 day old child is in danger and the father of the Chamkaur Singh continued to be harassed by the police of PS Khadoor Sahib and the employer.

Regarding the above said matter the complaint was sent to The Chairman for National Human Rights Commission, New Delhi on 12-10-014 and after that A team of inquiry officers from the NHRC conducted a spot inquiry on 10^th November 2014 at the said brick kiln and found the facts to be correct and directed the district administration for the release of the bonded labourers. Release certificates under the Bonded Labour System (Abolition) Act, 1976 (“BLSAA”) was issued by the Executive Magistrate dated 4^th November 2014. The FIR lodged in his regard dated 8^th Nov 2014 bearing No 155 under Ss. 16 and 17 of the BLSAA. Sir, the material facts on record reveal that the victims belong to the Mazhabi Sikh caste which is a scheduled caste in the state of Punjab and the perpetrator is not a member of a Scheduled Caste. This makes it a clear case of atrocity against members of Scheduled Castes under S. 3 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 but the in the FIR the SC ST Act was not added.

The case is still pending but no compensation has been given to the victim’s family up till date.