SMS Help line to Address Violence Against Dalits and Adivasis in India
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I. Details of victims and alleged perpetrators:
Bonded Labour Family:
Caste: Mazhabi Sikh (Scheduled Caste in the State of Punjab)
Permanent Address: Village Narli, Tehsil Patti, District Tarn Taran.
Place of incidence: Village Narli, Tehsil Patti, District Tarn Taran.
Accused / Perpetrators
Permanent Address: Village Marhi Udho under police station Khalra, Distt Tarn Taran
Caste: Jat Sikh
Timeline:
Therefore, in the light of the facts mentioned above, it is most humbly prayed to the Hon’ble Commission to most graciously grant the humble prayer as below;
i. The victims be granted financial assistance immediately so that the life of the victims is preserved.
ii. An FIR be registered against the perpetrators under the relevant provisions of the Law as mentioned in Paragraph 6 Supra.
iii. Protection be given to the victims both at the hospital as well as the home of the victims in their village
iv. Any other relief that your Hon’ble deems fit and proper be given to the bonded labour family.
(1) That one Sh. Jagseer Singh @ Kaka S/o Sh. Gurcharan Singh resident of Village- Gulabewala, Sub-Division & District- Sri Muktsar Sahib, Punjab has filed a Self-declaration which revealed that:-
(a) That he belongs to caste “Ramdasia Sikh” which has been declared as a Scheduled Caste by the State Government of Punjab.
(b) That since the last six months he was employed by the employer Gurdev Singh Brar @ Bedi S/o Chand Singh resident of Village- Gulabewala, Sub Division & District- Sri Muktsar Sahib who was employed in the Punjab Police Department as an police official now got retired from his services and belongs to Jatt Sikh community which is a non Scheduled Caste to work as “Seri” (Agriculture labourer).
(c) That when he was employed by the employer Gurdev Singh Brar he was given Rs. 25,000 (Rupees Twenty Five Thousand) as an advance and has fixed his wages Rs. 60,000 (Rupees Sixty Thousand) per year.
(d) That the bonded labourer Jagseer Singh was working in the fields of the employer during whole day even in the night also. During the wheat and paddy transplantation season, the bonded keeper takes work from him for the continuous period of three months even not allowed him to go back to his home and on his repeated requests he has granted leave to him only for one night after one week.
(e) That the bonded keeper was not paying the hard earned wages of the worker and when he was demanding his earned wages from him, then he flatly refused to give him money and pretext the matter by one way or the other.
(f) That the employer did not allow him any weekly rest and also not paying wages for his overtime work. When he could not be able to attend the work due to sickness or any other urgent work, then he has imposed a fine upon him according to his will and desires and adds that fine to his bonded debt amount.
(g) That the employer has taken thumb impression of the worker Jagseer Singh on some blank papers. The worker is an illiterate person and did not know that where he will use these documents.
(h) That the Bonded Keeper Gurdev Singh Brar was not allowing the worker to go elsewhere even he was not allowing him to go back to his home and is extracting bonded labour from him and when he demanded his hard earned wages from the employer and express his desires to go to his home, then he imposed the bonded debt of Rs. 1,50,000 (Rupees One Lac Fifty Thousand) upon him.
(i) That now the employer is abusing him and his family members on caste basis and threatening him that if he will not repay the bonded debt or will stop to work for him, then he will beat him and will forcibly take work from and will lodge some false and frivolous complaint against him and will also forcibly take into possession his dwelling house.
(j) That now the Bonded Keeper Gurdev Singh Brar who was a police official, has lodged the false complaints against the worker and has demanded the bonded debt from him. The Police officials are now came to the house of the bonded labourer Jagseer Singh and continuously threatening him and his family members by saying if he will not pay the bonded debt or will stop to work for him then he and his family members will have to face the dire consequences.
(k) That now Jagseer Singh does not wants to continue his services with the employer Gurdev Singh Brar as he has abused him on caste basis, has not pay his wages and now when he desired to left his work then he has imposed a bonded debt on him and is taking force labour from him.
(l) That the worker was forced to leave the employment being under threats of false and frivolous complaints against him and also to escape the constant abuse by the employer. The employer has not paid his hard earned wages and on the other hand has even imposed a bonded debt against him.
(2) The main questions involved in the complaint are as under:-
I. Whether, the employer is in violation of S.4 of the The Bonded Labour System (Abolition) Act 1976?
II. Whether, Jagseer Singh was subjected to the bonded labour system as defined under S. 2 (g) of the said Act by his employer Gurdev Singh Brar?
III. Whether, by recruiting the victim in order to exploit his labour and subject him to the bonded labour system, amounts to an offence of trafficking under section 370 of Indian Penal Code 1860?
IV. Whether there is violation of the labour legislations and Rules under Minimum Wages Act, 1948; Payment of Wages Act, 1936 and The Punjab Industrial Establishment (National And Festival Holidays And Casual And Sick Leave) Act, 1965, by the employer?
V. Whether, the Constitutional guarantees under Articles 15, 17, 21 and 23 have been eluded to the victim Jagseer Singh?
Therefore it is humbly prayed that:-
बुंदेलखंड दलित अधिकार मंच ने गिरथान गावं में लगाई पंचायत, दलितों ने सुनाई दर्द भरी दास्तान
उ.प्र. के बुंदेलखंड के जालौन जिले के एट थाना क्षेत्र के गिरथान गावं में बेहद शर्मनाक घटना को अंजाम दिया गया, गावं में एक सार्वजनिक यज्ञ किया गया जिसमे गावं के सभी लोगो ने चंदा दिया जिसका भंडारा दिनांक 16 अप्रैल 2016 को हुआ, जिसमे गावं के दलित समुदाय के लोग भी खाना खाने गए,जहाँ पर दलित हरिकिसुंन ने पुड़ी से भरी डलिया क्या छू ली की हड्कम्म्प मच गया, यज्ञचार्यों का यज्ञ भंग हो गया और दलितों को बेइज्जती के साथ भगा दिया गया, और एक पंचायत कर फरमान जारी कर दिया गया की दलितों का हुक्का पानी बंद कर दिया जाए, यदि कोई दलित सोदा लेने आये तो उसे अपमानित कर भगा दिया जाये, इनका गल्ला न पीसा जाये,बिजली काट दे जाए,बच्चों के ट्यूशन बंद कर दिया जाये और इस फरमान को जो नहीं माने उससे 1000 रुपये दण्ड के रूप में लिया जायेगा!
इस घटना पर बुंदेलखंड दलित अधिकार मंच व साथी संगठनों ने गिरथान गावं में दलित समुदाय के बीच चौपाल लगाई, जिसमे गावं के दलितों –रामनारायण,सिद्धार्थ,दीपक,रतिराम,हरिकिसून ,कम्लेशा,रामकिसुनBDC, तुलाराम, अरुणकुमार, अब्धादेवी,मूर्तिदेवी,रूपादेवी,गुद्दिदेवी,निर्मला ने बताया की आज हम सबके साथ गावं के लोग भेदभाव व जातिगत उत्पीडन कर रहे है, नाई बाल नहीं काट रहा है,चक्की बाले आटा नहीं पीस रहे है दलित बच्चों को ट्यूशन पढाना बंद कर दिया गया है और दबंग लोग चिल्ला चिल्ला कर कहते है की फरमान जरी रहेगा, गावं के लोगों ने मजिस्ट्रेट को ज्ञापन भी दिया लेकिन कोई सकारात्मक पहल नहीं हुई, उल्टा प्रशाशन समझोते के लिए दबाब डाल रहे है !