ISLAMABAD, Oct 20: The Supreme Court on Friday ordered all the four provincial chief secretaries to launch a campaign to end exploitation of brick-kiln workers.
On a suo motu notice, a two-member bench, comprising Chief Justice of Pakistan Justice Iftikhar Mohammad Chaudhry and Justice Mohammad Nawaz Abbasi, was hearing a complaint regarding illegal detention of 18 brick kiln workers by their contractor in Muzaffargarh (Punjab). The application was moved by one of the relatives of a detained worker.
The chief justice directed the four chief secretaries to evolve an effective mechanism for registering brick-kiln workers through provincial labour inspectors, also involving provincial labour secretaries.
The practice of detaining brick-kiln workers should come to an end, the chief justice observed and directed all the district coordination officers (DCOs) and the district police officers (DPO) to keep a vigil regarding exploitation of brick-kiln workers through police stations concerned and local administration.
They should also ensure, the bench ordered, that labourers work on their free will and not under any kind of pressure. If needed be, the provincial departments can seek free legal aid from different bar associations. The chief secretaries are also required to regularly submit progress report before the apex court in this regard.
Earlier, in September last, the Supreme Court had issued directions for making effective legislation for the protection of brick-kiln workers and to bring the industry under a legal code.
Reportedly, 1.8 million people work at brick-kilns, most of whom face inhuman conditions like bonded labour because of prevalent ‘Peshgi’ (advance payment) system. Under the system, the bosses offer advance money to workers, who cannot leave until they repay the whole amount. Most of the workers are illiterate and they do not know how much money is being repaid. Taking advantage of the situation, the contractors impose fines or take forced labour.
Recently, the Punjab Labour and Human Resource Department had informed the apex court in its report that the provincial labour ministry had recommended a legislation for the protection of the rights of brick-kiln workers. It stated that in Punjab alone, 4,424 brick-kiln workers were vulnerable to insecurity and exploitation because of the nexus of police and kiln owners. The practice of advance payments is the source of all ills in the sector. A demand was also highlighted to raise the minimum wage to Rs300 per 1,000 bricks from existing Rs221.
Despite an earlier judgment of the Supreme Court, promulgation of Bonded Labour System (Abolition) Act 1992 and the Bonded Labour System (Abolition) Rules 1995, advance payment is still being received and demanded by the workers because of poverty and lack of financial ability to meet their basic needs. Peshgis (advance payments), being illegal, are not documented, and used as a ploy by the contractor to exploit workers.
On the other hand, some labourers, too, accept hefty advance payments and then disappear from work. Such a situation leads to use of coercive tactics by owners.
Advance payments are also used as a third party debt, whereby the previous advance payment owed by the workers is paid by new employer through a guarantor.
According to the report, the kiln owners have also demanded that advance payments should be regulated instead of completely eliminating it. They have proposed that there should be a contract between employers and workers, which should then be enforced by any agency or institution.
Meanwhile, the same bench, in a separate case, ordered the Punjab inspector general to take strict action against Superintendent Police (Investigations) Faisalabad Tauqir Zia for providing wrong information to the court in a case regarding illegal detention of a woman named Zainab.
The chief justice warned the police chief that he would personally intervene if the latter took a lenient view. He also ordered the SP to arrest the culprits who had abducted the woman and produce the victim on October 30.