ISLAMABAD: Deputy Commissioner Islamabad Hamza Shafqaat on Thursday informed the Islamabad High Court (IHC) that 10 juvenile labourers working in a brick kiln had been moved away before a team from the district administration and police raided the site.

Mr Shafqaat appeared before IHC Chief Justice Athar Minallah in response to a petition seeking recovery of the children.

The chief justice directed the district administration to produce the minor labourers before the court by Jan 2, else the chief commissioner would appear in person on the date.

Talking to Dawn, Mr Shafqaat said the district administration had made efforts for the recovery of the children.

The administration has also contacted the petitioner’s counsel as he appeared to be familiar with the area and facts of the case.

Manzoora Bibi in her petition stated that the owner of a bricks company located at Haji Camp Road, Islamabad, had illegally detained the children, aged less than eight years, as bonded laborers.

The court noted: “The practice of bonded labor prevalent in brick kilns. It is noted that bonded labor in any form or manifestation is the most detestable practice and intolerable in a society governed under the Constitution. It is prohibited under the Bonded Labor System (Abolition) Act 1992.”

Justice Minallah referred to an order of the Supreme Court in a case that stated: “Human Rights Commission of Pakistan has unequivocally held that forced labor and clog on the freedom of movement by way of consideration for the repayment of debt would be impermissible and that any outstanding amount could only be recovered through normal legal channels.”

The apex court had unambiguously declared that it is the duty of the concerned authorities and functionaries to faithfully discharge and perform functions for implementing all the relevant laws in letter and spirit for eradication of forced, bonded and child labor from all sectors of the economy, particularly brick kilns.

No fetter on the rights of the labour guaranteed under the Constitution can be placed even through voluntary agreements. The labourers employed in brick kilns are entitled to minimum wages determined by the state, the court noted, adding the complaint of the petitioner was of a serious nature and the alleged detention of children was intolerable.

Published in Dawn, January 1st, 2021