Total records:1275

Release and Rehabilitate bonded labourer Surjan Singh

    one Surjan Singh S/o Jagir Singh, R/o Village- Musewal, Police Station- Kot Esse Kha, tehsil- Dharamkot, District- Moga(He is living with the family of his daughter Raj Kaur’s in laws house) has approached VSJ office and narrated the following facts:-


     


    (a)       That he belongs to “Jatt Sikh” community.


     


    (b)   That from last five years he has been employed to work as “Siri” agriculture bonded labourer by one Gurmail Singh@ Gela S/o Sh. Gurdayal Singh R/o Village- Musewal, tehsil- Dharamkot, District- Moga who also belongs to Jatt Sikh community.


     


    (c)    That when he was employed by Gurmail Singh@ Gela give him Rs.5000 (Rupees five thousand) as an advance. Gurmail Singh@ Gela  fixed his annual wages Rs. 50,000/- and said that he will increase Rs. 1000/- in his annual salary every year.


     


    (d)   That he is working for the employer for day and night. Gurmail Singh@ Gela was not allowing him to go to his house. When he goes to his house Gurmail Singh@ Gela allows him only to stay in his house only for one hour. If he stays more than one hour then Gurmail Singh@ Gela comes to his house and abused him and brings him back to his work.


     


    (e)    That he was also take care the 7 buffalos of Gurmail Singh@ Gela.


     


    (f)    That Gurmail Singh@ Gela is providing him two times meals.


     


    (g)   That Gurmail Singh@ Gela was not allowing him for any weekly rest or overtime wages. When he could not attend the work due to sickness or any urgent work at his house then Gurmail Singh@ Gela was charging him a fine as per his own wish and by adding this amount in the advance amount he was charging an interest on the whole amount.


     


    (h)   That Gurmail Singh@ Gela never paid him his full wages when he demanded his wages from Gurmail Singh@ Gela he pays him only Rs. 1000/- in a month.


     


    (i)     That now when he completed is five years of work for Gurmail Singh@ Gela he demanded his wages from Gurmail Singh@ Gela but he does not pay him his wages but imposed a debt of Rs. 10,00000 (Rupees one lakh) as a debt bondage.


     


    (j)     That every year Gurmail Singh@ Gela imposed a debt on him and engaged him forcibly to his work in the lieu of bonded debt.


     


    (k)   That Gurmail Singh@ Gela is threatening him that if he will not pay the bonded debt and will try to leave the work then he will beat him and will engage him in work.


     


    (l)     That now Gurmail Singh@ Gela is not paying his wages but is demanding bonded debt from him.


     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.


     370A. (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.’.


    (d) 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.


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


    (f) 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.


    (g) 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;

  • Posted by: Dalit Dasta Virodhi Andolan
  • Fact finding date: 08-08-2015
  • Date of Case Upload: 06-02-2016


Files

1) Complaint NHRC of Surjan Singh 
2) Order by NHRC , Sujan SIngh 

Harmesh Singh, the Bonded Labour System (Abolition) Act, 1976 read with Section 3 (1) (vi) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and Section 370 of the Indian Penal Code, 1860.


    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.

  • Posted by: Dalit Dasta Virodhi Andolan
  • Fact finding date: 28-04-2015
  • Date of Case Upload: 06-02-2016


Files

1) Harmesh Singh 
2) Order by NHRC,Harmesh Singh 

Harassment of Dalit Family by newly elected Dominant caste Gram Pradhan in Hardoi District

    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.

  • Posted by: NDMJ-UP
  • Fact finding date: 05-01-2016
  • Date of Case Upload: 02-02-2016

Images

               

Release and rehabilitation of bonded Labourer Sukhdev Singh @ Sukha

    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;


     

  • Posted by: Dalit Dasta Virodhi Andolan
  • Fact finding date: 18-09-2015
  • Date of Case Upload: 19-01-2016


Files

1) Sukhdev Singh,NHRC Complaint 
2) Sukhdev Singh,Order of NHRC 

release and rehabilitation of Bonded Labourer Binder Singh @ Ranga Maan

    (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?


     

  • Posted by: Dalit Dasta Virodhi Andolan
  • Fact finding date: 08-07-2015
  • Date of Case Upload: 19-01-2016


Files

1) Binder Singh,Self declarartion 
2) Binder Singh,Complaint of NHRC 
3) order of NHRC , Binder singh 
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