Total records:1269

Sh. Dinesh

    (1)  Sh. Dinesh S/o Sh. Rajveer resident of Village-Shellinagar, Police Station- Aahar, Sub- Division-Anukshehar, District-Bulandshehar (U.P),has filed a Self Declaration to the above mentioned social action group which revealed that:-


     


    (a)  That he belongs to the Balmiki caste, which has been declared as Scheduled Caste by the State Government of Uttar Pradesh.


     


    (b)  That Dinesh and his family members, whose names are mentioned in Annexure A, were employed since the last five years at the Brick Kiln which issituatedin Village-Pastah, Sub-Division-Phagwara, District-Kapurthla, Punjab, whose present owner is Raja. This firm is a Brick Manufacturing Factory. The workers were employed as Brick Moulder. He is in debt bondage and made a request to liberate himself and his family members from bonded debt.


     


    (c)  That the brick kiln owner advanced the bonded debt of Rs.5000 (Rupees Five Thousand) at the time of employment, at this brick kiln. The owner Raja did not provide them their hard earned wages and after their five year’s work, when they have demanded their wages from him, then he has refused to give them their wages, even on the other side he has demanded the bonded debt from them and pressurize them to accumulate their household items and left the kiln. So in those deplorable circumstances, they were forced to left the brick kiln and finally they have taken their household items from the kiln and left this kiln and went some other brick kiln.


     


    (d)  That after their five year’s work with the previous employer Raja, they were employed at some other brick kiln which is situated at Village- Naroodh Pastah, Sub-Division-Phagwara, District- Kapurthla, whose present owner is Jaspal. The workers were employed as Brick Moulder at this brick kiln. They were brought to this present brick kiln by the agent (Jamadar) of this brick kiln named Madhi. At the time of employment, the agent (Jamadar) Madhi has given assurance to the worker Dinesh that, if he would have work with his family members, at this brick kiln then he will help them in getting the financial assistance from the brick kiln owner during the time period of his daughter’s marriage ceremony and will also help them in getting the advance amount from the owner. So after believing on the assurance given by the agent, the worker Dinesh has brought his family members at this Brick Kiln for the purpose of doing work as Brick Moulder (Pathera). After that the brick kiln owner Jaspal and the agent Madhi did not provide them their earned wages, even did not provide any financial assistance during the period of their daughter’s marriage.


     


    (e)  That the workers at this present brick kiln are expected mould at least 1500 bricks in one day working for 12 – 16 hours a day.


     


    (f)   That there is no facility of clean water, sanitation, toilets and washing facilities at the brick kiln.


     


     


    (g)  That the brick kiln owner did not pay them their earned wages and only paid them Rs.1000 or Rs.1500 after fifteen days and since then there has been no further payment of wages.


     


    (h)That during the time of their employment at this brick kiln, the brick kiln worker Dinesh has fallen sick and got admitted in the hospital for his treatment. When his wife Babita has demanded money from the owner for his treatment, then the owner refused to give them any money and did not provide any financial assistance for his medical treatment.


     


     


    (i)   That after discharging from the hospital, the brick kiln workers have again demanded money from the owner for his treatment, but the owner always neglected his duty to provide medical facilities and expenses to the brick kiln workers and instead of providing money for his further medical treatment and medicines, he has given threats to them to left his employment, vacate the premises provided by him at his kiln and has also imposed the bonded debt upon them. After that, the employer has called the police officials and has forcibly thrown away the household items of the workers with the help of the police officials. So the brick kiln owner has created such pathetic situations, that the workers were forced to taking their household items from the brick kiln and left the brick kiln.


     


    (j)    That after this incident, the workers have no place for their residence and one workmate named Bachni has brought Raju and his family members at her home and now they are wandering here and there for their accommodation.


     


    (k)  That, now the brick kiln owner is demanding the bonded debt from the workers, instead of the paying the workers their due wages as per the Minimum Wages Act, 1948.


     


     


    (l)   That now the brick kiln owner is harassing workers and has abused and threatened them saying, if they do not pay his debt amount then the brick kiln owner will kill them and will also lodge false and vexatious complaints against them.


     


    (2)  That, the facts narrated in Paragraph 2, it is clear that the workers mentioned in Annexure A were subjected to the bonded labour system as defined under S. 2 (g) of the Bonded Labour System (Abolition) Act, 1976 [“BLSAA”]. The employer has extracted labour from the workers in lieu of the debt advance paid to them. Thereafter the workers were forced to work for wages well below the minimum wages. The owner was forcibly throwing away the household items of the workers and now they are wandering here and there for their accommodation and facing starving like situations. Due to such deprivation and starvation, the workers had no other choice but to escape from the brick kiln. The workers continue to be in debt bondage in spite of having left the employment.


     


    (3)  That, the brick kiln owner is in violation of The Inter-State Migrant Workmen (Regulation of Employment and Condition of Service) Act, 1979 having recruited workers without providing them decent working conditions as mandated under the said Act.


     


    (4)  That, the brick kiln owner is also in violation of The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 as Section 3 (1) (vi) makes luring members of scheduled castes and extracting bonded labour a punishable offence.


     


    (5)  That no such complaint has been earlier made to this Honorable Commission or any other commission or any court of law according to the information received from the victims.


     

  • Posted by: Dalit Dasta Virodhi Andolan
  • Fact finding date: 11-11-2015
  • Date of Case Upload: 16-01-2016


Files

1) Dinesh ,complaint of NHRC 
2) Dinesh, Complaint order of NHRC 

Bikar Singh (Amritsar)

    (1)  Bikar Singh S/o Balwinder Singh resident of village-Bandala,Tehsil and District-Amritsar has filed a Self-Declaration and has narrated the facts as under:-


     


    (a)  That he belongs to caste “Majhabi Sikh” which has been declared as a Scheduled Caste by the State Government of Punjab.


     


    (b)  That Bikar Singh and his family members and eleven other families whose names are mentioned in Annexure A were employed since four years by M/s. Deluxe Bricks Industry situated at Village-Akalgarh Tehsil and District-Amritsar,Punjab, whose present owner is Deepak Kumar.This firm is a bricks manufacturing factory.The workers were employed as brick moulders. He is in debt bondage and has made a request to liberate himself and his family members and co-workers from bonded debt.


     


    (c)  That Bikar Singh, his family members and co-workers were brought to the kiln by the owner Deepak Kumar himself.


     


    (d)  That the brick kiln owner advanced the bonded debt to the workers at the time of employment as mentioned in Annexure A.


     


    (e)  That the workers are expected mould bricks as mentioned in Annexure A in one day and made to work for up to 14 hours a day.


     


    (f)   That the brick kiln owner did not pay them their earned wages and only paid them Rs. 700 (Seven Hundred) or Rs. 1000(One Thousand) per week to each family and since then there has been no further payment of wages.


     


    (g)  That there is no facility of clean drinking water at the brick kiln. The workers were drinking the water of one hand pump but water of that hand pump is so contaminated that after drinking dirty water so many people have fallen ill.


     


    (h)  That the workers were made to work in subhuman conditions without toilets or sanitation facilities.


     


    (i)    That when the workers demanded their hard earned wages from the owner then he clearly refused to give them their wages even incurred the bonded debt against them.


     


    (j)    That the wages of the worker have been withheld by the brick kiln owner. Now, the brick kiln owner is refusing to pay the earned wages of the workers mentioned in Annexure A. The denial of wages has put the workers in a starving condition.


     


    (k)  That the household items of the workers as mentioned in Annexure A have been retained by the owner.


     


    (l)    That now the brick kiln owner is harassing the workers and has abused and threatened them by saying, if they do not pay his debt amount then he will not return their household items and will implicate them in some false and frivolous case.


     


    (m)That the workers do not want to work at this kiln because the owner did not pay them their earned wages and he also did not returned their household items.


     


    (n)  That now the brick kiln owner is demanding the bonded debt from the workers as mentioned in Annexure A.


     


    (o)  Instead of the paying the workers their due wages as per the Minimum Wages Act, 1948, the brick kiln owner did not give them their full wages. The workers mentioned in Annexure A hardly manage to survive on the brick kiln. Finally they have left the brick kiln.


     


    (2)  That the facts narrated in Paragraph 2, it is clear that the brick kiln owner has extracted labour from the workers without payment of their wages. This amounts to “Begar” whichis a violation of the fundamental rights guaranteed under Article 23 of the Constitution of India as well as an offence defined under Section 2(g) of the Bonded Labour System (Abolition) Act, 1976. The employer has extracted labour from the workers in lieu of the debt advance paid to them. Thereafter the workers were forced to work for wages well below the minimum wages. Due to hunger, the workers had no other choice but to escape from the brick kiln. The workers continue to be in debt bondage in spite of having left the employment.


     

  • Posted by: Dalit Dasta Virodhi Andolan
  • Fact finding date: 02-10-2015
  • Date of Case Upload: 16-01-2016


Files

1) Bikar Singh complaint of NHRC 
2) Bikar Singh complaint order of NHRC 

Ashok Singh @ Bhatti

    (1)  Sh. Ashok Singh @ Bhatti S/o Sh. Madan Lal resident of Village-Mari Buchian, Sub-Division- Batala, District-Gurdaspur has filed a Self Declaration which revealed that;


     


     


    (a)  That he belongs to caste “Majhabi Sikh” which has been declared as Scheduled Caste by the State Government of Punjab.


     


    (b)  That Ashok Singh and his family members whose names are mentioned in Annexure A were employed from 2013 to October 2015 by M/s. Baba Bricks B.K.O, Focal Point, Village- Mari Buchian, Sub-Division-Batala, District- Gurdaspur, Punjab, whose present owner is Baba Deepu. This firm is a Brick Manufacturing Factory. The workers were employed as Brick Moulder (Pathera).


     


    (c)  That the workers were brought to this brick kiln by agent (Jamadar) of this brick kiln named Edaah, who is resident of village-Mari Buchian, District- Gurdaspur.


     


    (d)  That the brick kiln owner advanced the bonded debt of Rs. 7,000 (Rupees Seven Thousand) at the time of employment, which they spent on their household expenses.


    (e)  That the workers are expected mould at least 2000 bricks in one day working for 12 – 16 hours a day.


     


    (f)   That the Brick kiln owner did not pay them their earned wages and on their repeated requests, he paid them only Rs. 1500 or Rs. 2000 per week for their necessary expenses and since then there has been no further payment of wages.


     


    (g)  That is there is no facility of clean water, sanitation, toilets and washing facilities at the brick kiln.


     


     


    (h)  That now, the brick kiln owner has ill-treated with them and has used to abuse them on caste basis. Instead of the paying the workers their due wages as per the Minimum Wages Act, 1948, the brick kiln owner did not give them their full wages. The workers mentioned in Annexure A hardly manage to survive and facing starving like situations and finally they were forced to left the brick kiln.


     


    (i)    That now, when the workers demanding their earned wages from the brick kiln owner then, he is harassing the workers and has abused and threatened them saying, that there is no wages due towards them and if they will again demands their wages from him then, he will lodge some false and frivolous complaints against them.


     


     


    (j)    That now the workers do not wants to continue their services with the brick kiln owner, as he has abused them on caste basis and since the last two years he has taken forced labour from them and has not paid their earned wages.


     


    (2)  That, the facts narrated in Paragraph 2, it is clear that the workers mentioned in Annexure A were subjected to the bonded labour system as defined under S. 2 (g) of the Bonded Labour System (Abolition) Act, 1976 [“BLSAA”]. The employer has extracted labour from the workers in lieu of the debt advance paid to them. Thereafter the workers were forced to work for wages well below the minimum wages. The worker’s freedom to leave the brick kiln and choose alternative employment was curtailed by the employer. Due to such deprivation and hunger, the workers had no other choice but to leave the employment.


     


    (3)  That no such complaint has been earlier made to this Honorable Commission or any other commission or any court of law according to the information received from the victim.


     

  • Posted by: Dalit Dasta Virodhi Andolan
  • Fact finding date: 04-11-2015
  • Date of Case Upload: 16-01-2016


Files

1) Ashoke Singh @ Bhatti complaint of NHRC 
2) Ashoke Singh @ bhatti order of NHRC 

Refusal of wages and harassment of Bonded labour

    (1)  Shri Atma Singh S/o Sh. Rulda Singh resident of Village- Mangwal, Sub-Division and District- Sangrur, has approached to the office of above organization and has filed a Self-Declaration which revealed that:-


     


    (a)  That he belongs to caste “Ramdasiya Sikh” which has been declared as a Scheduled Caste by the State Government of Punjab.


     


    (b)  That Atma Singh, his family members and twelve other family members whose names are mentioned in Annexure A were employed from September 2013 to June 2015 by Chahal B.K.O, Sunam Road, Village- Tunga, District- Sangrur, Punjab, whose present owners are Rajinder Singh Kajli and Taranjit Singh Kajli. This firm is a Brick Manufacturing Factory. The workers were employed as Brick Moulder (Pathera). He is in debt bondage and has made a request to liberate himself, his family members and other co-workers from bonded debt.


     


    (c)  That the worker Atma Singh has worked as an Agent (Jamadar) of this Brick kiln and brought eighteen families at this kiln. Along with his work as a jamadar, he and his family workers has also worked as Brick Moulders (Pathera) at this brick kiln.


     


    (d)  That the bonded debt advanced to each family at the time of employment, by the brick kiln owner and the bricks moulded by each family are also mentioned in Annexure A.


     


    (e)  That there is no facility of clean water, electricity, sanitation, toilets and washing facilities at this brick kiln. The workers were forced to drinking the water of one Tube well but the water of that Tube well is so soiled that after drinking that polluted water so many workers have fallen sick and suffering from diseases but the brick kiln owner did not provide any money for their medical treatment.


     


    (f)   That the Brick kiln owner did not pay them their earned wages and on their repeated requests, the amount provided to the workers by the owner, only after fifteen days for their necessary expenses, is also mentioned in Annexure A.


     


    (g)  That when the workers have demanded their hard earned wages from the owner, then he refused to give them their wages, even on the other hand he has imposed the bonded debt upon them and the amount of bonded debt is described in Annexure A.


     


    (h)  That in the year 2011, some of the families which are mentioned in Annexure A were also working at this brick kiln. The brick kiln owner has provided work to the workers only for two months and after that he has closed the kiln. After the closure of the Brick Kiln, the owner retained all the workers at the brick kiln and did not provide any work to them. When the workers have demanded their earned wages from the owner, then he has refused to give them their earned wages and they have faced starving like situations and forced to left the kiln. During the year 2012, the brick kiln has remained closed for the whole year and in the year 2013, the workers were again employed by the owner and when the workers after completing their work has demanded their wages from him, then he refused to give them their wages even on the other hand he has incurred the bonded debt against them and add that debt amount to the debt amount of the year 2011.


     


    (i)    That during the time period from November 2014 to February 2015, the employer did not provide any work to the workers because the owner did not paid money to the persons who have provided soil at the kiln. Whenever the workers have demanded their wages from him, then he refused to pay their wages, by one way or the other. In those starving like situations, the workers even don’t able to meet their necessary expenses.


     


    (j)    That when the workers were not providing any work by the owner, then the workers with the help of Panchayat Members of the village asked the owner to settle the matter with the persons, who have provided soil at the kiln. So after settling the matter with these persons, the work has been again started at the kiln. When the workers demanded their earned wages from the owner, but the owner did not provide them their wages according to the Minimum Wages Act, 1948.The brick kiln owner has also taken away from them the receipts, upon which it has been mentioned that how much amount has been provided by the owner.


     


     


    (k)  Instead of the paying the workers their due wages as per the Minimum Wages Act, 1948, the brick kiln owner did not give them their full wages. The workers mentioned in Annexure A hardly manage to survive on the brick kiln and finally they have forced to left the brick kiln.


     


    (l)    That now the brick kiln owner is demanding the bonded debt from the workers which is mentioned in Annexure A.


     


    (m)That now the brick kiln owner is continuously harassing the workers and has abused them on caste basis and threatened them saying, if they do not pay his debt amount then the brick kiln owner will take over their dwelling houses, will kill him and will also lodge false and frivolous complaints against them.


     


    (2)  That, the facts narrated in Paragraph 2, it is clear that the workers mentioned in Annexure A were subjected to the bonded labour system as defined under S. 2 (g) of the Bonded Labour System (Abolition) Act, 1976 [“BLSAA”]. The employer has extracted labour from the workers in lieu of the debt advance paid to them. Thereafter the workers were forced to work for wages well below the minimum wages. The workers freedom to leave the brick kiln and choose alternative employment was curtailed by the employer owing to the bonded debt. Due to such deprivation and starvation, the workers had no other choice but to escape from the brick kiln. The workers continue to be in debt bondage in spite of having left the employment.


     


    (3)  That no such complaint has been earlier made to this Honorable Commission or any other commission or any court of law according to the information received from the victims.

  • Posted by: Dalit Dasta Virodhi Andolan
  • Fact finding date: 19-11-2015
  • Date of Case Upload: 16-01-2016


Files

1) Atma Singh complaint of NHRC 
2) Order of NHRC 

Alleged brutal Attack and false case filed against Dalit Youth Hariprasath

    Case details is not available
  • Posted by: Social Awareness Society for Youths-SASY
  • Fact finding date: 13-12-2015
  • Date of Case Upload: 08-01-2016

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