1. one Harmel Singh @ Meli S/o Gurdev Singh R/o Village Mehma Sarja, Tehsil Bathinda, Distt. Bathinda and has filed a self Declaration which revealed that;

a)      That he belongs to Mazhabi Sikh caste which has been declared as Scheduled Caste by the State of Punjab.

b)      That He and 3 other worker family (Total 18) are employed by M/s Singla Bricks Industry Village Baandi, Tehsil & Distt. Bathinda, Punjab whose present owner is Surinder Singla. This firm is a Brick Manufacturing Factory. The workers are employed as Brick Molders. They all are in debt bondage. The employer does not allow them to leave the brick kiln and neither provide any work or any wages are being paid to them. The workers do not wish to work there under in decent and sub human conditions and have made a request to liberate them from bondage. The full Details of their miseries are mention in the self declaration attached to this complaint as “Annexure A”.

c)      That the workers were brought to this Brick kiln by the Jamadar Shama Singh R/o Vill.Kiliya Wali Distt.Muktsar.

d)      That the owner advanced a bonded debt of Rs 5000 per family.

e)      That the brick kiln owner does not pay them their earned wages and only pays them Rs 2000-3000 per family after 15 days.

f)       That the worker mold at least 1500-2000 bricks in one day per family.

g)      That there is no facility of clean water and sanitation – toilets and washing facilities - at the Brick kiln.

h)      That the Brick kiln owner deducts the electricity bill from their wages by adding the same to their bonded debt.

i)        That if there is rains then the workers are not paid any wages nor does the owner given them adequate subsistence allowance. Where the petty amounts of money given towards of expenses are also added to their bonded debt. Therefore, the workers wish to leave the brick kiln and take up alternative employment elsewhere. This is not allowed by the brick kiln owner owing to the bonded debt.

j)        That the water pump was not working and work had completely stopped at the brick kiln so to themselves from starvation the bonded labour families and other families took up some work in an adjacent field for harvesting. When the Brick kiln owner came to know about this he called the workers to his office and abused them and beat them up.

k)      That not the Brick kiln owner has told the workers that they will be paid only half of their earned wages.

l)        That the house hold items of the workers are also at the brick kiln.

m)   That the brick kiln owner is demanding the bonded debt amount from the workers mentioned in Annexure A” and that the workers will not be allowed to leave the kiln with their belongings till the bonded debt is repaid.

n)      That now me Harmel Singh, Boota Singh S/o Binder Singh and Ramandeep Kaur w/o Boota Singh escape from the Brick kiln and now they are living at Vill. Goniyana Kalan at a relative’s house but the other family members are retrained from leaving the brick kiln.

o)      That signed complaint along with self declaration is being sent in a separate Post.

1. 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.

Victim Shivkumar belongs to Chamar Community of SC caste from Sariyya village, Hardoi. The incident is of around 11 am where main accused Sarvendra Gupta who is also a Gram Pradhan of Sariya Village, along with 7 other accused forcibly entered victims house and physically assaulted Victim Shivkumar and his sister in Law with brutality. Accused also used abusive language and humiliated them with caste names. Gram Pradhan thereatened the victim of booking a case against him U/s 151 and making him spend rest of his life in jail. Hearing the noise, 2 village person Arvind and Bhola reached victim\'s house but they are not willing to be a witness of the incident due to the strong political network and Gram Pradhan\'s influence on Police officials. Victim submitted a complaint letter to SSP Hardoi to look into the matter but no response has been given on victims complaint. No protection is provided to victim and their life is under threat as accused party has continously been threatning the victim of dire consequences.

Sukhdev Singh @ Sukha  S/o Surta Singh, R/o Village- Khadur Sahib, Tehsil-Khadur Sahib & District-Tarn Taran has approached to the office of the above organization and has narrated the below facts:-

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

(b)   That from the last two years he was employed by the employer Harjit Singh @Jeeta S/o Joginder Singh R/o Village-Patti Falliyan Di, Tehsil- Khadur Sahib, District- Tarn Taran who belongs to “Jatt Sikh” community which is a non scheduled caste to work as “Seri”(Agriculture labourer). The father of the worker named Surta Singh was also working as Seri with the father of the present employer Harjit Singh for forty years. After the death of Surta Singh, the employer has incurred the bonded debt against him and to repay that bonded debt the employer has employed the brother of the worker named Baldev Singh to work as “Seri”. Baldev Singh has worked with the present employer for ten years to repay the bonded debt of his deceased father and after ten years work, the employer Harjit Singh has incurred the bonded debt of Rs. 10,000(Ten Thousand) against him. After that the employer has employed the younger brother of the worker named Gurdev Singh to repay his elder brother’s debt. Gurdev Singh has worked with the employer Harjit Singh for thirteen years to repay the debt amount of his brother Baldev Singh and the employer has incurred the debt of Rs.20,000(Twenty Thousand) against him and to realize that debt amount the employer Harjit Singh has employed the worker Sukhdev Singh as bonded labourer.

(c)   That before working with the present employer Harjit Singh, the worker Sukhdev Singh was employed by the employer Ajmer Singh R/o village-Baniya  to work as Seri. At the time of the employment the employer Harjit Singh has paid the worker’s debt amount of Rs. 60,000(Sixty Thousand) to his former employer Ajmer Singh which he has incurred against him and purchased him from his former employer. The worker Sukhdev Singh was working with the former employer Ajmer Singh as Seri for the time period of two years and he incurred the bonded debt of Rs. 60,000(Sixty Thouand) against him and after repay that amount to the employer Ajmer Singh, the present employer Harjit Singh has employed the worker as agriculture labourer.

(d)   That the employer Harjit Singh has fixed his annual wages Rs. 45,000 (Forty Five Thousand) per year.

(e)   That Sukhdev was working in the fields of employer from 5:00 a.m. to 9:00 p.m. During the wheat and paddy transplantation season the employer takes work from him for continuous period of three months. Harjit Singh was not allowing even him to go to his home.

(f)    That the worker was also taking care of the 12 animals of the employer along with working in the fields of the employer.

(g)   That the employer during the winter season has given meals to the worker two times in a day and three times during the summer season.

(h)   That the employer Harjit Singh was not paying the wages of the worker  and when he makes him many requests he pays him only Rs.300/- in a month. Sukhdev’s borthers were working outside and managing the expenses of their house.

(i)     That the employer has taken his thumb impression on some blank papers and promissory note. The worker is an illiterate person and did not know anything about these papers.

(j)    That the employer was not allowing any weekly rest and wages for his overtime work. When the worker takes any leave due to sickness or some urgent work then the employer penalize him and deduct Rs. 300(Three Hundred) from his wages and add that amount to his bonded debt.

(k)   That the employer was not paying wages to the worker and now demanding the debt amount of Rs.1,00,000 (One Lac) from him.

(l)     That now the brick kiln owner is harassing worker and has abused and threatened him saying, if he does not pay his debt amount then the brick kiln owner will forcibly take work from him and will take over his land.

(m)  That before one year and six months the employer forcibly took the worker to the Court Complex situated at Khadur Sahib and takes his thumb impression on some blank papers and threatened him by saying that if he does not put his thumb impression then he will kill him.

(n)   That after taking thumb impression of the worker, the employer Harjit Singh has forcibly taken the possession of the land belonging to the worker.

(o)   That now the worker is residing some other place and the employer is continuously gave threats to him regarding repayment of his debt.

                                       The main questions involved in the complaint are as under:-

 (a) The Bonded Labour System (Abolition) Act 1976 by the virtue of its section 4 declared:-

 Abolition of bonded labour system.- (1) On the commencement of this Act, the bonded labour system shall stand abolished and every bonded labourer shall, on such commencement, stand freed and discharged from any obligation to render any bonded labour.

 (2) After the commencement of this Act, no person shall-

(a) make any advance under, or in pursuance of, the bonded labour system, or

(b) compel any person to render any bonded labour or other form of forced labour.

                         Hence advancing a bonded debt is an offence punishable as mentioned in section 17 of Bonded Labour System (Abolition) Act 1976.

 Punishment for advancement of bonded debt.- 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 and also with fine which may extend to two thousand rupees.

 (b) Buying and selling of human being has been prohibited and has been declared an offence under section 370 of Indian Penal Code 1860.

 370. (1) Whoever, for the purpose of exploitation, (a) recruits, (b) transports, (c) harbours, (d) transfers, or (e) receives, a person or persons, by––

 First.–– using threats, or

Secondly.–– using force, or any other form of coercion, or

Thirdly.–– by abduction, or

Fourthly.–– by practising fraud, or deception, or

Fifthly.–– by abuse of power, or

Sixthly.–– by inducement, including the giving or receiving of payments or benefits, in order to achieve the consent of any person having control over the person recruited, transported, harboured, transferred or received, commits the offence of trafficking.

Explanation 1.–– The expression “exploitation” shall include prostitution or other forms of sexual exploitation, forced labour or services, slavery or practices similar to slavery, servitude, or the forced removal of organs.

 Explanation 2.–– The consent of the victim is immaterial in a determination of the offence of trafficking.

 (2) Whoever commits the offence of trafficking shall be punished with rigorous imprisonment for a term which shall not be less than seven years, but which may extend to ten years, and shall also be liable to fine.

 (3) Where the offence involves the trafficking of more than one person, it shall be punishable with rigorous imprisonment for a term which shall not be less than ten years but which may extend to imprisonment for life, and shall also be liable to fine.

(4) Where the offence involves the trafficking of a minor, it shall be punishable with rigorous imprisonment for a term which shall not be less than ten years but which may extend to imprisonment for life.

 (5) Where the offence involves the trafficking of more than one minor at the same time, it shall be punishable with rigorous imprisonment for a term which shall not be less than fourteen years but which may extend to imprisonment for life.

 (6) When a public servant including police officer is involved in the trafficking of a minor then such public servant shall be punished with imprisonment for life, which shall mean the remainder of that person’s natural life.

 (7) If a person is convicted of the offence of trafficking of minors, on more than one occasion, then such person shall be punished with imprisonment for life, which shall mean imprisonment for the remainder of that person’s natural life.

1.  (1) Whoever, despite knowing, or having reason to believe that a child has been trafficked, employs such child in any form of labour, shall be punished with rigorous imprisonment for a term which shall not be less than five years but which may extend to seven years, and with fine.

 (2) Whoever, despite knowing or having reason to believe that an adult has been trafficked, employs such adult for labour, shall be punished with rigorous imprisonment for a term which shall not be less than three years but which may extend to five years, and shall also be liable to fine.’.

 (c) Agriculture work is a Scheduled employment under the Minimum wages Act1948 the State of Punjab has fixed the minimum wages, payment of overtime wages and weekly rest under the law not paying any one of the three is the violation of law.

 (d) Employment as a domestic servant is a Scheduled employment, denying to pay minimum wages under the law is amount to violation.

(e) Under the minimum wages Act 8 hours  are concluded as a day, extracting more labour than the prescribe banner amounts  to force labour and also threat to the life and physically torture.

 (f) If due to advancing a bonded debt is an offence under Section 2 (g) of Bonded Labour System (Abolition) Act 1976:-

Section: 2 (g):- \"bonded labour system\" means the system of forced, or partly forced, labour under which a debtor enters, or has, or is presumed to have, entered, into an agreement with the creditor to the effect that,--

(i) in consideration of an advance obtained by him or by any of his lineal ascendants or descendants (whether or not such advance is evidenced by any document) and in consideration of the interest, if any, on such advance, or

 (ii) in pursuance of any customary or social obligation, or

 (iii) in pursuance of an obligation devolving on him by succession, or

 (iv) for any economic consideration received by him or by any of his lineal ascendants or descendants, or

 (v) by reason of his birth in any particular caste or community, he would—

 (1) render, by himself or through any member of his family, or any person dependent on him, labour or service to the creditor, or for the benefit of the creditor, for a specified period or for an unspecified period, either without wages or for nominal wages, or

 (2) forfeit the freedom of employment or other means of livelihood for a specified period or for an unspecified period, or

 (3) forfeit the right to move freely throughout the territory of India, or

(4)forfeit the right to appropriate or sell at market value any of his property or product of his labour or the labour of a member of his family or any person dependent on him, and includes the system of forced, or partly forced, labour under 3 which a surety for a debtor enters, or has, or is presumed to have, entered, into an agreement with the creditor to the effect that in the event of the failure of the debtor to repay the debt, he would render the bonded labour on behalf of the debtor;

(1)   Sh.Binder Singh @ Ranga Maan, aged 45 years, S/o Sh. Kartar Singh R/o Village - Bhuttiwala, Sub–Divison- Gidderbaha, District- Shri Muktsar Sahib has approached to the office of the above organization and has narrated the below mentioned facts:-

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

(b)   That since the last two years, he was employed by the employer  Maan Singh @ Mani S/o Jaswant Singh R/o Village- Bhuttiwala, Sub Division- Gidderbaha, District -Shri Muktsar Sahib, who belongs to “Jatt Sikh” community which is a non scheduled caste, to work as “Seri”(Agriculture labourer).  The wife of the victim named Charanjit Kaur was also employed by the employer, as servant for cleaning animal’s dung, animal’s sheds, excreta etc. since the last five years.

(c)  That when he was employed by the employer Maan Singh @ Mani he was given Rs. 25,000 (Rupees Twenty Five Thousand) as an advance which he used to renovate his house. The employer has fixed his wages Rs. 50,000 (Rupees Fifty Thousand) per year.

(d)  That the bonded keeper was not paying the wages of the workers. When they demanded their earned wages from him, then he flatly refused to give them money. On their repeated requests, the employer hardly gives Binder Singh Rs. 50-100 after three months. The employer did not pay the wages of the wife of Binder Singh, so she was forced to leave the employment of the employer since the last two years. She has hardly managed to meet her household expenses so under these circumstances, she had no other choice but to leave the employment.

(e)  That after completing his one year’s work, the employer in the year 2014 has incurred the bonded debt of Rs. 25,500 (Rupees Twenty Five Thousand Five Hundred) towards the bonded labourer Binder Singh, so in order to repay the bonded debt, the victim was again being forced to join the services of the bonded keeper as Siri.

(f)   That the bonded labourer Binder Singh @ Ranga Maan was working in the fields of the employer from 6 a.m. to 11 p.m. During the wheat and paddy transplantation season, the bonded keeper takes work from him for the continuous period of three months. He was working in the fields of the employer during whole day even in the night also. The employer was not even allowing him to go to his home, when he makes him many requests then he was granting leave to him for one night only.

(g)  That in the year 2015, at the time of employment, the employer was giving Rs. 10,000 (Rupees Ten Thousand) to Binder Singh as an advance and was also giving Rs. 1000 (Rupees One Thousand) to his wife Charanjit Kaur for their household expenses. The bonded labourer Binder Singh has spent the amount of Rs. 10,000 to build the wall of his house.

(h)  That for the year 2015, the employer has fixed his wages Rs. 52,000 (Rupees Fifty Two Thousand) per year. The employer did not pay him his hard earned wages and when he demanded his wages from him then he imposed the bonded debt upon him and refused to give him money for his necessary expenses.

(i)    That the employer has provided three times meal to the worker.

(j)    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.

(k)  That one day, when the bonded labourer Binder Singh was working in the field of the employer then the son of employer named Nishan Singh has abused him and started quarrelling with him, after that the worker came back to his house. After some time when the worker went to the market of Muktsar for purchasing some necessary things then the employer Mann Singh along with some persons whose names are Nishan Singh S/o Maan Singh, Bhola Singh, Balla Singh, Harjinder Singh, Bant Singh, Bagga Singh, attacked upon him and the son of employer named Nishan Singh has struck his head with cane (lathi) and he become unconscious. All these persons then by using their powers bring the bonded labourer at the Court of Muktsar and forcibly and unlawfully take his signature on some papers.

(l)    That the employer are extracting bonded labour from him and when he demanded his wages from the employer then he imposed the bonded debt of Rs. 35000 (Rupees Thirty Five Thousand) upon him.

(m)That now the employer are abusing him 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.

(n)  That now Binder Singh does not wants to continue his services with the employer Maan Singh 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.

(o)  That the worker was forced to leave the employment being under threats of losing his house to the employer 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, Binder Singh was subjected to the bonded labour system as defined under S. 2 (g) of the said Act by his employer Maan Singh?

            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 Binder Singh?

Sh. Raju Ogar S/o Sh. Asaram Ogar R/o Village – Kalmi, Police
Station- Maal Kharoda, Sub- Division- Maal Kharoda, District- Janjgir
Champa has filed a self Declaration to the above mentioned social action
group which revealed that;
a) That he belongs to the Satnami caste, which is a scheduled caste in the
state of Chhattisgarh.
b) That he and his family members were employed since the last five years
by M/s M.R.S. Brick Kiln, located in Village- Ferumaan, Sub-Division-
Baba Bakala, District-Amritsar, Punjab whose present owner is known
to the workers to be one Shri Sonu Maan. This firm is a Brick
Manufacturing Factory. The workers were employed as Brick Moulders.
After five years of working at this brick kiln, now he is working at some
other place.
c) That, in the month of July, 2015, the agent (Jamadar) of M/s. M.R.S. Brick
kiln named Hira Singh told Raju to bring some persons from his native
Chattisgarh for the purpose of working at this brick kiln. The agent Hira
Singh has also promised to give him 10 % jamadhari commission for this
work.
d) That the worker Raju went to his native place and in the month of
September, he congregated 40 persons from different villages and has
brought them to this brick kiln. Out of these forty workers, the names and
addresses of 28 workers are mentioned in Annexure A. Raju has stated
that he does not recall and is unable to gather the information of all 40
workers from Chhattisgarh.
e) 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.
f) That the brick kiln owner did not pay them their earned wages on the other
hand, when they fell sick, he did not give money for their medical
treatment. One brick kiln worker named Ajay was suffering from fever and
when he has demanded money from the brick kiln owner then he flatly
refused to give him money for his treatment.
g) That there is no facility of clean water, sanitation, toilets and washing
facilities at the brick kiln. The workers drinking the water of one hand pump
but water of that hand pump is so contaminated, that after drinking dirty
water so many workers have fallen ill.
h) That the brick kiln owner did not pay them their earned wages and only
paid them Rs.1500 per week and since then there has been no further
payment of wages. 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 facing starving like situations. Finally, unable
to withstand the harsh working conditions and hunger, some of the
workers have taken their household items from the brick kiln and escaped
from the brick kiln.
i) That the brick kiln owner has detained the two family members in the brick
kiln and did not allow them to move anywhere, whose names and
addresses are mentioned in Annexure B.
j) That now, the brick kiln owner Sonu Maan and agent Heera Singh are
harassing and give threats to Raju Ogar and saying, to bring back all the
workers who have left the employment, otherwise he will file false and
frivolous complaints against him and will detain and kill him.
k) That now the brick kiln owner is demanding the bonded debt amount of
Rs. 2,00,000 (Rupees Two Lac) from the Raju.
l) That now the Worker Raju is working at some other place and the brick
kiln owner is continuously give threats to him and saying, if he does not
pay his debt amount then the brick kiln owner will not release the workers
who are detained by him at his kiln.
m) The brick kiln owner is threatening Raju that if he does not repay the
bonded debt them he will abduct Raju wherever he is and take Raju to
work at his brick kiln and not leave him till the bonded debt is paid off.
(3) 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 and some workers are
still under the captivity of the brick kiln owner at his brick kiln.
(4) That the brick kiln owner is in violation of the 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.
(5) That, the brick kiln employer is also in violation of the Scheduled Castes and
Scheduled Tribes (Prevention of Atrocities) Act 1989 as S. 3 (1) (vi) makes
luring members of scheduled castes and extracting bonded labour a
punishable offence.
(6) That, the workers mentioned in the Annexes to the present petition, having
been transported from Chhattisgarh, recruited and subsequently exploited for
their labour at the said brick kiln, amounts to an offence of trafficking in human
beings under S. 370 of the Indian Penal Code, 1860.
(7) That no such complaint has been earlier made to this Honourable
Commission or any other commission or any court of law according to the information received from the victim.