Sunday, July 31, 2016

Mr. Lenin Raghuvanshi gets the M.A. Thomas National Human Rights Award – 2016.


Congratulations Lenin Raghuvanshi for receiving M.A. Thomas National Human Rights Award 2016 of the Vigil India Movement, Bangalore. 

A three member Jury consist of Hon. Justice Shri. Santosh Hegde, (former Judge, Supreme Court of India) Mr. Akbar Mirza Khaleeli, (former Ambassador of India to Iran and other countries and Board of Trustee of VIM) and Dr. Cherian Thomas, (Director of Ecumenical Christian Centre and Secretary & Trustee of VIM) unanimously selected Mr. Lenin Raghuvanshi for the award from among the nominations received from various parts of the Country.

Please read follows article:

Monday, July 25, 2016

Historical step of NHRC for elimination of Bonded labour

https://www.saddahaq.com/historical-step-of-nhrc-for-elimination-of-bonded-labour


The National Human Rights Commission (NHRC), India took Suo Motu cognizance (case number: 10928/24/72/2014bl) on a visit report of Joint Registrar (Law) who during his official visit to Varanasi, Chunar and Mirzapur from 26 March 2014 to 27 March 2014 noticed large number of Brick Kilns on both sides of the road (Varanasi-Mirzapur Highway) while on the way to Chunar. It was observed that a large number of children, women along with men were working in the Brick Kilns. Small huts were noticed which appeared to be used for residential purpose of these workers. It was also informed that these workers live in pathetic conditions and there was no effective control of Govt. machinery over them. District Magistrate, Varanasi, U.P. was directed to submit a 15 point report in the matter. As the complete report was not received within the stipulated period, the Commission directed Joint Registrar (Law) to visit Mirzapur and Varanasi again as follow up in the matter along with officers of the Investigating Division and submit a report. Pursuant to the directions dated 6.1.2015 of the Commission, NHRC team consisting of Sh. A.K. Parashar, Joint Registrar (Law), Sh.Kulbir Singh, Dy. Superintendent of Police, Shri M.S. Yadav, the then Dy.S.P. and Sh. Y.C. Mishra, Inspector visited District Varanasi, Uttar Pradesh and held meetings with District Administration, Varanasi & representative of NGO Manavadhikar Jan Nigrani Samiti(PVCHR), Varanasi on 03 February 2015 and 07 February 2015 respectively. Additional District Magistrate,Varanasi constituted four teams under concerned SDMs and officer of Labour Department, Member of District Vigilance Committee, representative of the NGO Manavadhikar Jan Nigrani Samiti, Varanasi along with members of NHRC team to conduct surprise visit. The following brick kilns were visited by the teams headed by the concerned SDMs:1. Visit at A marka Adarsh Brick field village NaipuraJansa, Tehsil Raja Talab, Varanasi. 2. Visit at R. L. Marka, brick Kiln, Powari Kalan, PS Badagaon, Tehsil Pindra, Varanasi 3. Visit at R.S Marka Bhatta, Pindra Varanasi 4. Visit at M/s. Jai MaaDurge Brick Industries, Village Dholapur, Milki Chak, Varanasi. 5. Visit at M/s Prakash Bricks Field, Village Milkichak,Thana Rohania, Varanasi, UP. A team comprising of Sh Sushil Kumar Gond, SDM Rajatalab, Sh. R.R. Dubey, Labour Officer, Sh. R.A. Sharma, Labour Officer, Sh. Ramavatar (husband of Smt. Sita Devi), Vigilance Committee member and Sh. Irshad, member, NGO Peoples Vigilance Committee on Human Rights(PVCHR), Varanasi conducted enquiry on 03.02.15 at M/s "A" Marka Adarsh Brickfield,Village,Nainpura Jansa,Tehsil Rajatalab,Varanasi, U.P. in the presence of the NHRC team (Shri Kulbir Singh, Dy.S.P.). During enquiry, the team recorded statements of 30 persons (27 labourers+03 employers/owners of brick kiln). 18 labourers among 27 stated that they have taken advance money in lieu of brick moulding work from the owner of the brickkiln.The labourers stated that brickkiln owner Sh. Anil Patel, Sh. Pritesh Dubey and Sh. Hoshila Prasad never imposed any restriction on them and gave sufficient money for food on weekly basis besides Rs.500/for medicines. No labour from other States of India was found at brick kiln. 27 labourers expressed their willingness to continue work at the brick kiln. Details of labourers whose statements were recorded are given below:

1 Sh. Hiralal Yadav r/o Village: Nandapur, Post Ramapur Badagaon, District Varanasi, UP
2 Sh. Ashok Kumar Pandey,r/o Village: Vasantpur, District Varanasi, UP
3 Sh. Vijay r/o Village Badepur, Tehsil Pinda P.S. Phoolpur, Varanasi, U.P.
4 Smt. Pramila w/o Vijay r/o Village Badepur, Tehsil Pinda P.S. Phoolpur, Varanasi, U.P.
5 Sh. Lalli s/o Late Sh. Murali r/o Village and Post Sahanti, P.S. Ali Nagar, District
Chandauli, UP
6 Smt. Vimla Devi w/o Sh. Murali r/o Village and Post Sahanti, P.S. Ali Nagar, District Chandauli, UP (alongwith three minor children (1 girl + 2 boys) aged between 2 to 8 years).
7 Sh. Ghanshyam w/o Late Sh. Manohar r/o Village Kuar, P.S. Phulpur, Varanasi, UP
8 Smt. Munni Devi w/o Sh. Ghanshyam r/o Village Kuar, P.S. Phulpur, Varanasi, UP 
9 Sh. Dinesh s/o Sh. Ghanshyam r/o Village Kuar, P.S. Phulpur, Varanasi, UP
10 Sh. Raju s/o Sh. Ghanshyam r/o Village Kuar, P.S. Phulpur, Varanasi, UP
11 Ms. Reenu (15 years) d/o Sh. Ghanshyam r/o Village Kuar, P.S. Phulpur,
Varanasi, UP
12 Smt. Asha r/o Village Kuar, P.S. Phulpur, Varanasi, UP (Ms. Meenu, aged six years)
13 Sh. Vakiya Musahar, r/o Village Patvahi, Post Ahrora, Mirzapur, UP
14 Ms Nirmala w/o Sh. Vakiya Musahar, r/o Village Patvahi,Post Ahrora, Mirzapur, UP
15 Rajkumar s/o Sh. Vakiya Musahar, r/o Village Patvahi, Post Ahrora, Mirzapur, UP 
16 Shri Doodhnath s/o Jaykshi, Village Pavra, P.S. Sakaldiha, Chandauli, UP
17 Sh. Raj Kumar s/o Shri Doodhnath s/o Jaykshi,Village Pavra, P.S. Sakaldiha, Chandauli, UP
18 Sh. Pappu s/o Shri Doodhnath s/o Jaykshi, Village Pavra, P.S.Sakaldiha, Chandauli, UP
19 Smt. Geeta w/o Sh. Raj Kumar s/o Shri Doodhnath s/o Jaykshi, Village Pavra, P.S.Sakaldiha, Chandauli, UP
20 Sh. Suraj Village Mahrak Paschimpur, Post Jamalpur, Varanasi, UP
21 Smt. Hira w/o Sh.Suraj Village Mahrak Paschimpur, Post Jamalpur, Varanasi, UP
22 Smt. Sudami w/o Sh. Hira Lal Village Pavra, P.S.Sakaldiha, Chandauli, UP
23 Ms. Hevanta (15 years) d/o Hira Lal Village Pavra, P.S. Sakaldiha, Chandauli, UP
24 Sh.Mahender s/o Sh. Sohan Village Pavra, P.S. Sakaldiha, Chandauli, UP
25 Smt. Bittun M/o Mohinder Village Pavra, P.S.Sakaldiha, Chandauli, UP
26 Smt. Sheela w/o Sh. Mahender Village Pavra, P.S. Sakaldiha, Chandauli, UP
27 Sh. Hiralal s/o Sh. Yamuna r/o Pavara, PS Sakaldiha, Chandauli, UP

The enquiry team noted that the wages paid to Munshi and Supervisor of the brick kiln were less than the minimum wages, hence action against the brickkiln owners was initiated by the Labour Officer under Minimum Wages Act, 1948. It was also noted that payment/wages of some labourers was due and full payment was not given to them, hence action under Payment of Wages Act, 1936 was initiated against the brickkiln owners. The labourers working at the brickkiln were residents of District Varanasi, Chandauli and Mirzapur, U.P.and belonged to Mushahar Community. The team noted that the children of the labourers were not sent to the school and brickkiln owners had also not made any arrangements for transportation. The team recorded statement of SDM Rajatalab who could not reach on any conclusion and stated that further action would be taken after examination/consultation of law and provisions related to the bonded labour. Regarding Vigilance Committee the team was informed that no meetings were held in last one year and SDM further stated that he has just joined 45 months back and also this tehsil i.e.Rajatalab has been created as a new Tehsil in the district recently. Resolution for constitution of Vigilance Committee at Tehsil level would be sent to the Government as early as possible. The NHRC team further noted that no records were maintained by the brickkiln owner about the number of brick made by the labourers. Also, there was no record about the amount paid to an individual labourer for work done. Hence, it would be presumed that full payment and minimum wages have not been given by the brick kiln owner. The Labour Department has issued notice to the owner under Payment of Wages Act, 1936 and Minimum Wages Act. As such the labourers working at brick kiln in the view of the team are bonded labourers and action under Bonded Labour System (Abolition) Act, 1976 as well as under SC/ST (PoA) Act may
be initiated against the owner of brick kiln.

Report on 7 February2015 of SDM, Rajatalab, Varanasi alongwith statements of the labourers and owners is taken on record. A team comprising of Shri A.K. Madhesia, Labour Officer, Varanasi, Shri.Om Prakash Srivastava, Tahsildar, Pindra, Varanasi and Sh.Mangala and Sh. Brijesh of PVCHR, Varanasi visited M/s.R.L. Marka Brick Kiln, Powari Kalan, PSBadegaon,TahshilPindara,Distt Varanasi in the afternoon of 03 February 15. Shri Y.C. Mishra, Inspector NHRC was present during the inquiry. During the visit, the statements of following 39 Brick Kiln labours were recorded by Shri A.K. Madhesia, Labour Officer, Varanasi, Shri Om Prakash Srivastava, Tahsildar, Pindra, Varanasi in the presence of NHRC team and Sh. Mangala and Sh. Brijesh of PVCHR :

1 Smt. Indra w/o Satyanarayan r/o Village: Kara, PS Nawagarh, Distt: Janjgir, Chattisgarh.
2 Sri.Satyanarayan S/o Sri feku Ram ,r/o Village: Kara, PS Nawagarh, Distt: Janjgir, Chattisgarh.
3 Smt.Permila W/o Sri Rakesh,r/o Village Mudpar,P/s BilaiGarh,Distt Ballauda Bazar, Chattisgarh.
4 Sri.Rakesh S/o Vinod r/o Village Mudpar,P/s BilaiGarh,Distt Ballauda Bazar, Chattisgarh.
5 Smt.Sunita W/o Sri Lallan musahr r/o Village Ramaipur P/s Phulpur, Pindra Varanasi.
6 Smt.Sukrita W/o Sri vyash narayan r/o Village Kera, PS Nawagarh, District Janjgeer Chanpa, Chhatisgarh.
7 Smt. Sahodra w/o Shri Mohan Lal, r/o Village Kera, PS Nawagarh, District Janjgeer Chanpa, Chhatisgarh.
8 Smt. Kebra Bai w/o Shri Shankar Lal, r/o Village Dhara Shiv, Ps Bilaigarh, District Baloda Bazar, Chhatisgarh
9 Smt.Saraswati w/o Shri Kewalram, r/o Village Dhara Shiv, Ps Bilaigarh, District Baloda Bazar, Chhatisgarh.
10 Smt. Jadawati w/o Shri Lalli, r/o Village Bandipur, PS Jalalpur, District Jaunpur. 
11 Smt. Chinta w/o Shri Ramnath, r/o Village Para, PS Bardah, District Azamgarh. 
12 Smt. Indrawati Devi w/o Shri Rajesh, r/o Village Saraiya, PS Phoolpur, Pinda, Varanasi.
13 Smt. Ram Parmeshwari w/o Shri Santosh, r/o village Devri, PS Nawavarh, District Janjgeer Chanpa, Chhatisgarh.
14 Shri Vyas Narayan w/o Shri Feku Ram, r/o Village Kera, PS Nawagarh, District Janjgeer Chanpa, Chhatisgarh.
15 Shri Santosh s/o Shri Sohan, r/o village Devri, PS Nawagarh, District Janjgeer Chanpa, Chhatisgarh.
16 Shri Shankar lal s/o Shri Mekru, r/o village Devri, PS Nawagarh, District Janjgeer Chanpa, Chhatisgarh.
17 Shri Ram Nath Banwasi s/o Shri Hawaldar, r/o Village Para, PS Bardah, District Azamgarh.
18 Shri Komal s/o Shri Ramvraksh, r/o Bardhara Khurd, PS Chobepur, Varanasi.
19 Shri Rajesh Kumar s/o Shri Lalchand Mushar, r/o Village Saraiya, PS Phoolpur, Pinda, Varanasi.
20 Manju d/o Shri Pyarelal, r/o village Ramaipur, PS Phoolpur, Pinda, Varanasi.
21 Smt. Manbhagwari w/o Shri Rajesh Mushar, r/o village Ramaipur, PS Phoolpur, Pinda, Varanasi.
22 Sri Surendra musher s/o s/o Late Shri Tilak, r/o village Ramaipur, PS Phoolpur, Pinda, Varanasi.
23 Shri Rajesh Kumar s/o Shri Surender Musher, r/o village Ramaipur, PS Phoolpur, Pinda, Varanasi.
24 Smt. Prabhawati w/o late Shri Pancham, r/o village Ramaipur, PS Phoolpur, Pindara,Varanasi.
25 Smt. Itwari Bai w/o Shri Jagdish, r/o Jobi PS, District Raigarh, Chhatisgarh.
26 Smt. Rajkumari w/o Shri Jeetram, r/o village Kharra, PS Chhal, District Raigarh, Chhatisgarh.
27 Shri Jagdish Yadav s/o Shri Ramjiram Ydav, r/o Village Gaurpar, PS Jobi, District Raigarh, Chhatisgarh.
28 Shri Jeetram s/o Late Shri Dokri, r/o village Kharra, PS Chhal,District Raigarh, Chhatisgarh.
29 Smt. Kamla Devi w/o Shri Surender Musher, r/o village Ramaipur, PS Phoolpur, Pindara, Varanasi.
30 Shri Dhannu Ram w/o Late Mithai Mushar, r/o village Ramaipur, PS Phoolpur, Pindara, Varanasi.
31 Smt.Badla w/o Dhannu Musher, r/o village Ramaipur, PS Phoolpur, Pinda, Varanasi.
32 Shri Dinesh Musher s/o Shri Rajnath Mushar, r/o Nenwa, PS Iliya, District Chandauli.
33 Smt. Girja w/o Shri Pyarelal, r/o village Ramaipur, PS Phoolpur,Pindara, Varanasi.
34 Smt. Manju Devi w/o Shri Rajesh Musher, r/o Nenwa, PS Iliya, District Chandauli. 
35 Lallan Musahar s/o late Shri Lakkhan, r/o village Ramaipur, PS Phoolpur, Pinda, Varanasi.
36 Shri Mohan Lal s/o Shri Feku Ram, r/o village kera, PS Nawagarh, District Janjgeer Chanpa, Chhatisgarh.
37 Smt. Suman w/o Shri Bharat, r/o village Barkhi, PS Kapsethi, District Varanasi.
38 Reeta d/o Shri Dhannu Ram, r/o village Ramaipur, PS Phoolpur, Pinda, Varanasi. 
39 Shri Kewal Ram s/o Shri Kheekram, r/o village Dhara, PS Bilaigarh, District Baloda Bazar, Chhatisgarh.

 All the 39 labourers working at Brick Kiln stated that they have taken advance from the Brick Kiln owner. The team was informed that the labourers were being paid Rs. 500/per head weekly as "Khoraki" (for food) and the final payment in regard to wages would be settled at the end of season. The labourers had no complaint against the brick kiln owner but the owner failed to produce any relevant document relating to the payment of wages or the details of work done by the labourers. The minimum amount of advance taken by any labourer was stated to be Rs. 7500/ and
maximum amount of Rs. 25000/.However, no sincere efforts were made by the concerned officers to verify the work done and payment made, as no document was made available. The payment of minimum wages could have been verified in the case of these labourers instantly. The living condition of the labourers was found to be pathetic. No arrangement for proper schooling for the children was found existing. The Supervisor of the Brick Kiln acting on behalf of Brick Kiln Owner stated that although the brick Kiln owner claimed to have the licence to run the brick kiln, but no valid licence, no pollution NOC, etc. were produced. No meeting of Sub Divisional Vigilance Committee was held by the concerned SDM. Report on 18 February 2015 of SDM, Pindara, Varanasi, UP along with enclosures is taken on record. SDM in his report held that the labourers are not bonded labours despite the team of NHRC updated and drew his attention towards various labour laws and judgements of the Hon'ble Supreme Court. However, in the considered view of the team all the 39 labourers named above fall within the category of bonded labour. Team comprising of Shri Arun Kumar Shukal, SDM, Pindra, Shri S.K. Sinha, Labour Officer,Varanasi, Smt. Shruti Nagvanshi of PVCHR, Varanasi visited M/s. R.S. Marka Bhatta, Pindra, Distt Varanasi in the afternoon of 03 February 15. Shri M.S. Yadav, Dy. S.P., NHRC accompanied the team. SDM recorded the statements of 32 labourers (including two staff of brick kiln) in the presence of NHRC team Member, Smt. Shruti Nagvanshi and other representatives of PVCHR. SDM primafacie concluded that there was no bonded labour / child labour case. However, inspection note under the provisions of Minimum Wages Act, 1948, Payment of Wages Act, 1936 and Interstate Migrant Act, 1979 were issued, as the documents relating to payment of wages were not produced by the owner of the said brick kiln. As per, SDM the labourers were paid wages @ Rs.500- 600 per thousand for mouldings of brick and were free to move and no one alleged any forced labour, torture or assault by the brick kiln owner or his staff. SDM further stated that no labour of other State came forward to depose his/ her version and no child was found working at the brick kiln, even parents also did not confirm the involvement of children in the work. Details of 32 labourers are given below:

1 Sh. Pappu s/o Late Sh. Baiju, Village and Post Pinda, P.S. Phoolpur, Varanasi, U.P.
2 Smt. Jyoti W/O Pappu, Village and Post Pinda, P.S. Phoolpur, Varanasi, U.P.
3 Sh. Bhrigu s/o Sh.Murat, Village Kharua, Post Pinda P.S. Phoolpur, Varanasi, U.P. 4 Smt. Chamela w/o Bhrigu Village Kharua, Post Pindara P.S. Phoolpur, Varanasi, U.P.
5 Sh. Ramji s/o Late Sh. Jagat Village Kharua, Post Pinda P.S. Phoolpur, Varanasi, U.P.
6 Sh. Prabhat s/o Ramji Village Kharua, Post Pinda P.S. Phoolpur, Varanasi, U.P.
7 Sh. Dablu s/o Sh. Ramji Village Kharua, Post Pinda P.S. Phoolpur, Varanasi, U.P. 8 Smt. Guddi w/o Sh. Dablu Village Kharua, Post Pinda P.S. Phoolpur,Varanasi, U.P.
9 Sh. Raju s/o Sh. Prem r/o Village Jamapur, Tehsil Pinda P.S. Phoolpur, Varanasi, U.P.
10 Smt. Kunti w/o Shri Raju Village Jamapur, Tehsil Pinda P.S. Phoolpur, Varanasi, U.P.
11 Sh. Phoolchand Rajbhar s/o Late Sh. Kalicharan Village Pindra (Usra Saheed) Tehsil Pinda P.S. Phoolpur, Varanasi, U.P.
12 Sh. Ram Asre Patel w/o Late Sh. Hira Lal Patel, R/O Kathirav, Tehsil Pinda P.S. Phoolpur, Varanasi, U.P.
13 Sh. Pintoo s/o Late Sh. Shankar, Vilalge Sohni, P.S.Gaddi, Distt. Jaunpur, UP.
14 Shri Moti Lal s/o Sh. Gahru, r/o Village Badepur, Tehsil Pinda P.S. Phoolpur, Varanasi, U.P.
15 Smt. Sadevi w/o Sh. Moti Lal r/o Village Badepur, Tehsil Pinda P.S. Phoolpur, Varanasi, U.P.
16 Sh. Subhash s/o Sh.Ramraksha Village Pindra (Kharuvapar) Post Pinda, PS Phulpur, Varanasi, UP
17 Smt. Mira w/o Sh. Ramraksha Village Pindra (Kharuvapar) Post Pinda, PS Phulpur, Varanasi, UP
18 Sh. Raj Kumar s/o Sh. Ramraksha Village Pindra,(Kharuvapar) Post Pinda, PS Phulpur, Varanasi, UP
19 Smt. Usha Devi w/o Raj Kumar Village Pindra (Kharuvapar) Post Pinda, PS Phulpur, Varanasi, UP
20 Sh. Doodhnath s/o Sh. Shankar Village Pachrasi, Tehsil Pindra, Varanasi, UP
21 Smt. Mantara Devi w/o Doodhnath Village Pachrasi, Tehsil Pindra, Varanasi, UP 
22 Smt. Malti Devi w/o Late Sh.Bucchun Village Pindra (Kharuvapar) Post Pinda, PS Phulpur, Varanasi, UP
23 Sh. Sunil Kumar s/o Late Sh. Bucchun Village Pindra (Kharuvapar) Post Pinda, PS Phulpur, Varanasi, UP
24 Smt. Vandevi w/o Sunil Kumar Village Pindra (Kharuvapar) Post Pinda, PS Phulpur, Varanasi, UP
25 Poonam d/o Late Sh. Bucchun Village Pindra (Kharuvapar) Post Pinda, PS Phulpur, Varanasi, UP
26 Ruby d/o Late Sh. Bucchun Village Pindra (Kharuvapar) Post Pinda, PS Phulpur,
Varanasi, UP
27 Sh. Ramraksha s/o Late Sh. Tapsi Village Pindra (Kharuvapar) Post Pinda, PS Phulpur, Varanasi, UP
28 Sh. Rama Devi w/o Ramraksha Tapsi Village Pindra (Kharuvapar) Post Pinda, PS Phulpur, Varanasi, UP
29 Sh. Guddu s/o Late Sh. Tilak Village Pindra (Kharuvapar) Post Pinda, PS Phulpur, Varanasi, UP
30 Smt. Savita Devi w/o Guddu Village Pindra (Kharuvapar) Post Pinda, PS Phulpur, Varanasi, UP
31 Sh. Shyam Pyare s/o Sh. Laxmin Village & Post Kharoja, PS Eliya, Jaunpur, UP 
32 Smt. Geeta w/o Sh. Shyam Pyare Village & Post Kharoja, PS Eliya, Jaunpur, UP

The gist of the statements of some of the labourers is as under:i) Guddu s/o Tilak along with 3 family members stated receipt of 1,30,000/as advance. ii) Smt Malti w/o Lak Bhachnu Ram she alongwith son, daughter-in-law and two daughters works. They get Rs. 1000/weekly for food etc. Last year the contractor had taken 10,000/on
her behalf and they had to settle the advance. iii) Motilal s/o Gahru and his wife, they were paid Rs. 700800 in a week and Balance amount was kept by the owner. They alleged non maintenance of record and balance money kept by the owner. iv) Sh.Ramji s/o Jagat Ram stated that he had taken Rs. 50,000/advance but was not deducted from the wages. v) Shom Bhrigia s/o Sh. Murat alleged that counting of brick moulded by them were not properly accounted for. Smt. Shruti Nagvanshi of PVCHR in her response on 19 February 2015, has refuted report on 6February 2015 of SDM, Pindra. According to her, it is doubtful that some labourers had stated payment of wages Rs.500/, while others Rs.600/, though all labourers were of Mushar caste and from same village. Moreover, no document confirmed payment of wages at the rate of, as reported by the labourers. No Diary relating to record of work done and payment made to the labourers was found in their possession. It could be presumed that whatever owner paid i.e. accepted by the labourers. Some labourers were found in the possession of diaries, but it was having no details of work done and payment made. There was allegation that proper counting of brick moulded was not maintained. The fact of payment of advance and the reason of non-recovery of advance had not been verified. The labourers stated that they generally mould one thousand brick daily whereas they were paid Rs.700/800/ for food expenses per week and remaining amount was kept by the brick kiln owner to keep pressure on the labourers to continue work. The details of work done by the labourers and payments were not recorded in the statement. Five other labourers reported taking of Rs.10,000/advance, which was not verified. A labourers admitted of taking advance of Rs.50,000/ but the details of the said was not asked and facts were not verified. One of the labourers alleged non counting of 13000 brick molded by his family members. When inspection note was issued under Minimum Wages Act, 1948, Payment of Wages Act, 1936 and Interstate Migrant Act, 1979, how existence of bonded labour/ child labour was not considered by the SDM. The non maintenance of record and balance money by the owner showed that they were compelled to continue forced labour. She has concluded that she did not agree with the SDM who has failed to declare labourers as bonded labourers and child labourers in his report. The team during the visit observed that Smt. Manju Devi was not present at the kiln. Her husband Shri Vinod Kumar Verma was present who failed to produce any documents which were required to be maintained under various laws. It was also found that living conditions of the labourers were very pathetic. No arrangement for proper schooling for the children was found which is in contravention of the provisions of Right to Education Act. SDM should have verified from the owner about their enrolment in the school and action should have been initiated accordingly. The brick kiln owner or on her behalf no valid licence to run a brick kiln, no pollution NOC, no licence under Interstate Migrant Act, Payment of Wages Act etc. were produced.

No meeting of Sub Divisional Vigilance Committee was held. The SDM Pindra should have acted in more sincere manner and could have taken due efforts to bring out the ground reality. There would have been compelling circumstances for the labourers to utter such statement. But it appeared that merely saying by the labourer was taken into consideration and true spirit of the Act was not followed. Report of SDM, Pindara, Varanasi, UP alongwith enclosures is taken on record.

A team comprising of Sh. Sushil Kumar Gaud, SDM/Rajatalab, Varanasi and Sh. Rajesh Kumar Chaudhary, Member District Vigilance Committee under the supervision of Joint Registrar (Law)/NHRC visited M/s. Jai Ma Durge Bricks Industries, Dholapur, Milkichak, Varanasi on 3/2/2015. SDM and his team recorded the statements of 15 labourers and all of them stated to work as per their own wish. One labour Sh. Babban Lal Patel, stated that no labour rates were fixed with the brick kiln owner and rest of labourers confirmed their wages more than the notified rates of the State Govt. Out of 15 labourers, three from Jharkhand and 6 from Chhattisgarh and those who remain present at the brick kiln in the night were provided with wood for cooking the meals along with the Khoraki. Out of 15 labourers, 02 are Scheduled Tribe, 5 Scheduled Caste and 6 Other Backward Class. The labourers of Chhattisgarh were recruited through one Makhmal of Chhattisgarh. However no document/licence under the Interstate Migrant Act 1979 was produced before the team. The
labourers also stated that no record pertaining to the work done and payment received by them had been given by the brick kiln owner. During enquiry 09 labourers were given release certificates under the Bonded Labour Act. The brick kiln owner or his staff also failed to produce any record pertaining to the brick kiln. Details of the labourers are given below:

1 Sh. Babulal Nagvanshi s/o Mallu Village Losina Post & PS Chandva,District Palamu, Jharkhand
2 Smt. Janki Devi W/O Sh. Babulal Nagvanshi Village Losina Post & PS Chandva, District Palamu, Jharkhand
3 Sh. Dev Kumar s/o Sh. Binjhwar Village Machha, Post Bhatchaura, PS Pachpedi, District Bilaspur,Chhatisgarh
4 Smt. Pancho Bai w/o Dev Kumar s/o Sh. Binjhwar Village Machha, Post Bhatchaura, PS Pachpedi,District Bilaspur, Chhatisgarh
5 Sh. Balmukund Patel s/o Baran Patel Village Bahtara Post Bhatchaura, PS Pachpedi, District Bilaspur, Chhatisgarh
6 Smt. Anita Bai w/o Balmukund Patel Village Bahtara Post Bhatchaura, PS Pachpedi,District Bilaspur, Chhatisgarh
7 Sh. Mohan Singh Maravi s/o Gokul Singh Maravi Village Dadan Kapa, Post Semarshal,PS Lormi, Distt. Mungeli, Chhatisgarh
8 Smt. Jaleshwari w/o Sh. Mohan Singh Maravi s/o Gokul Singh Maravi Village Dadan Kapa, Post Semarshal, PS Lormi, Distt. Mungeli, Chhatisgarh
9 Sh. Guddu s/o Sh. Lalta r/o Village Dholapur,Post Kashipur, PS Rohniya, Varanasi, UP
10 Smt. Nanhi Devi w/o Shri Guddu r/o Village Dholapur, Post Kashipur, PS Rohniya, Varanasi, UP
11 Sh. Laxman s/o Late Sh. Kishore Village Dholapur, Post Kashipur, PS Rohniya, Varanasi, UP
12 Sh. Chander Sekhar s/o Laxman Village Dholapur, Post Kashipur, PS Rohniya, Varanasi, UP
13 Sh. Sajan Mishra s/o Late Sh. Ygeshwar Mishra Village Redma, Daltonganj, Jharkhand
14 Shri Sitaram s/o Sh. Budhram, r/o Village Dhanapur, Post Paniyara, PS Rohniya, Varanasi, U.P.
15 Shri Babu Lal s/o Sh. Budhram, r/o Village Dhanapur, Post Paniyara, PS Rohniya, Varanasi, U.P.

NHRC team noticed that no record under the mandatory provisions of the various acts were found to have been maintained by the brick kiln owner and no basic arrangements for the labourers have been made by the brick kiln owner. It appeared that officers from District Administration or labour department have never visited this
brick kiln. The living conditions of the labourers were found to be very poor. The brick kiln owner or on her behalf no valid licence to run a brick kiln, no pollution NOC, no licence under Interstate Migrant Act, Payment of Wages Act etc. were produced before the SDM and the team. Report of SDM alongwith release certificates has been received and is taken on record. On 3 February 2015 Shri Sushil Kumar Gaud, SDM, Rajatalab, Varanasi and Shri J.P. Singh, Labour Enforcement Officer,Varanasi in the presence of Joint Registrar conducted enquiry on M/S Prakash Brick Fields, Village Milkichak, Thana Rohniya, Varanasi and submit joint report dated 4.2.2015. The enquiry was conducted in the presence of Dr. Rajesh Kumar Chaudhary, Member, Vigilance Committee. A perusal of report disclosed that two child labourers were found working in the above mentioned brick kiln. Accordingly, the team sent both the children for ascertaining their age to the Chief Medical Officer, Varanasi. As per report, no documents/records as per labour laws were produced by the brick kiln
owner. 29 labourers were found to be working in the brick kiln and their statements were recorded. Out of the 29 labourers, 9 labourers were found to be from other States. As per report of the Joint Inspection Team, 23 labourers have obtained advance from the owner. It has also been concluded in the report that since labourers was free to move and was being paid wages as per the orders issued by the UP Government from time to time. Shri Om Prakash who is working as Munim in the brick kiln for the last three years, during enquiry stated that he had taken advance of Rs.65,000/from the brick kiln owner which was being deducted from his salary. He further stated that he is getting salary of Rs. 10,000/.
He also stated that for the last six months he is not taking any salary for adjustment of his advance. SDM in his report had concluded that no case of bonded labourer have been established despite law position was explained to the SDM. On careful perusal of the statements of the labourers, it is seen that they have taken minimum advance of Rs.15,000/ and maximum of Rs. 1,15,000/.
It is further seen from the record that although labourers stated that they settle their bills at the end of the season and they have diaries but none of them produced any document before the team. SDM has not properly applied his mind and his report lacks in credence. Children were found working in the kiln and they were sent for medical examination for ascertaining their age. Report of SDM, Rajatalab, Varanasi alongwith enclosures is taken on record. The Joint Registrar/NHRC along with Dy. Labour Commissioner, Mirzapur Range, SubDivisional Magistrate, Sadar, Sub Divisional Magistrate, Medihan and Circle Officer, Sadar, Mirzapur visited visited a stone crusher namely M/s JBS Stone, Devri Kala, Tehsil, Medihan, District Mirzapur on 5 February 15. According to the District authorities the stone crusher falls within the jurisdiction of Mining Department of Govt. of India and based upon the statements of the labourers, prime facie the matter falls under the Equal Remuneration Act and Minimum Wages Act, since the labourers have stated that they are getting different wages based on gender and are not getting the minimum wages. The team observed that on the basis of the material on record, the matter falls within the ambit of Bonded Labour System (Abolition) Act because the employer failed to produce any record as mandated under labour laws. Hence a presumption can safely be raised in favour of labourers that following 20 labourers examined by the state authorities are bonded labourers and the district authorities are bound to act as per the mandate of Bonded Labour System (Abolition) Act irrespective of the fact that the said Stone crusher falls under the administrative control of the Central Govt.

1 Smt. Usha Devi w/o Gollai, Village Mediran Jhanna, District Mirzapur, UP
2 Smt.Shiv Kumari w/o Budhiram Village Devri, Mediran District Mirzapur, UP
3 Smt. Munni W/o Sri Raj Kumar Village Devri,Mediran District Mirzapur, UP
4 Sri. Nageshwar s/o Budhiram Village Rajapur, Balubahva, Madihan, District Mirzapur, UP
5 Sh. Sant Kumar s/o Budhu Village Madihan Jagganpur, District Mirzapur, UP
6 Sh. Shiv Kumar s/o Tulsi Village Madihan District Mirzapur, UP
7 Sh. Tribhuvan s/o Late Sh. Luttur Yadav, Village Barkash District Mirzapur, UP
8 Sh.Ram Dular s/o Jhuri Prasad, Village Udaipura, Post Utrot, Distt. Chandauli, UP 
9 Sh. Lalmani s/o Sh. Dukhi Village Devri District Mirzapur, UP
10 Sh. Tivari s/o Narayan Village Devi District Mirzapur, UP
11 Sh. Ram Chander s/o Kallu Village Devri District Mirzapur, UP
12 Sh. Lalmani s/o Sudhai Village Vaidhnar, Post Kolkavar, PS Vagdara, Distt. Sidhi, MP
13 Sh. Chotey s/o Raghunath Village Sagra Haliya District Mirzapur, UP
14 Shri Raj Bahadur s/o Mishri Lal Village Sagra Haliya District Mirzapur, UP
15 Shri Bhuvar s/o Sultan Village Sagra Haliya District Mirzapur, UP
16 Shri Ram Murat s/o Ambika Village Sagra Haliya District Mirzapur, UP
17 Shri Shyam Lal s/o Shri Budhu r/o Village Sagra Haliya District Mirzapur, UP
18 Shri Amrit Lal s/o Shri Sumeri, r/o Village Sagra Haliya District Mirzapur, UP
19 Shri Sukkal s/o Shri Kalu, r/o Village Kharuav Ghoraval, District Mirzapur, UP
20 Sh. Sitaram s/o Aanika r/o Village Sagra Haliya District Mirzapur, UP

The vehicles involved in transportation of the stone employed by the owners of stone crushers were found without display of the registration numbers and the number plates of 11 vehicles were not found displayed. On being informed by accompanying District authorities, the police of PS, Medihan has prosecuted them under the provisions of the Motor Vehicle Act on 5 February15. The said practice is not confined to one stone crusher rather it is prevalent in the whole area which needs to be looked into by the District authorities. Further, no facilities with regard to basic amenities, facilities of safety equipments were found at the said stone crusher. It appears that the departments concerned who are supposed to look after the safety aspects are not vigilant and are not carrying out their functions at all in this direction. It could also be seen that the stone crushers are involved in reckless mining operations as well causing environmental degradation and ecology. It appears that there is no monitoring mechanism on the mining activities being carried out recklessly by the owners of stone crushers in this area. The safeguards with regard to health aspects and treatment of labourers have altogether been found missing. It is sorry state of affairs that the labourers were supposed to work under inhuman condition and inhaling the sand dust caused by the stone crushers endangering their lives. The treatment/ health records of the labourers have not been found maintained by the employers. The Hon'ble Supreme Court of India in Civil Writ Petition No.3922 of 1985 in the case of PUCL vs State of Tamil Nadu & others has directed the District Magistrate to effectively implemented the section 10, 11 and 12 of Bonded Labour System (Abolition) Act and discharge their functions with due diligence, with empathy and sensitivity, taking note of the fact that Act is welfare legislation. The District Magistrate and State Government would see that Minimum Wages Act, the Workmen Compensation Act, Interstate Migrant Act, Child Labour (Prohibition & Regulation) Act are properly and effectively implemented. The Commission in its proceedings dated 18 February 2011 in Case No.42/20/14/2011BL has emphasized that it should not be forgotten that poor people in this country who are uneducated and mostly belong to SC and ST have no other alternative but to survive on the earth with whatever is paid. They are required to do as directed by their masters. They have no other alternative but to accept what is paid to them. It is for the officer exercising power under BLSA Act, 1976 to read between the lines and to understand the circumstances under which a poor person is compelled to work. It is their duty to raise a presumption when the employer has failed to produce the relevant records required to be maintained under the Minimum Wages Act and to declare labourers as bonded labour when they are not paid minimum wages according to law and no satisfactory evidence is produced as pointed out by the Minimum Wages Act. Law mandates that employer shall maintain registers and records giving particulars of employees employed by him, the work performed by them, the wages paid to them and the receipts obtained. If the employer fails to produce the books of account, then the District Magistrate or officers authorized by him must raise the presumption that labourers were kept as bonded labour. If the inquires are not conducted immediately by the officer concerned and that amounts to nothing but frustrating the object of the Act (BLSA Act 1976). Team could not go to Chunar due to law and order problem. Upon careful perusal of reports on record including the report of the NHRC team, it has been observed that in none of visits to the brick kilns by the team of NHRC alongwith concerned SDMs proper records or documents have been produced. No valid licence have also been produced. Further concerned SDMs have taken action under various laws except bonded labour in accordance with law. Further the Commission has noted that DM, Varanasi, UP in his report has claimed that all brick kiln owners are maintaining record and making payments as per law but team on the Commission as well as SDMs during their visits have found otherwise.

The Commission is also astonished to note that most of the brick kilns are being run without proper licence. Such operation without proper permits/licence not only causing huge revenue loss to the State exchequer but also leading to exploitation of labour and trafficking in human beings. In view of the findings of the enquiry teams, the Commission directs as under: i) Chief Secretary, Govt. of UP to instruct the District Magistrates in all the Districts for mapping of the brick kilns and other such units as several such units appears to be in operation without any permit in violation of laws not only causing huge revenue loss to the State exchequer but also leading to exploitation of labour and trafficking in human beings. ii) District Magistrate, Varanasi, U.P. to issue release certificate under BLSA Act. 1976 to all the bonded labourers after proper scrutiny. The Subsistence allowance should be immediately given to all the labourers. Their rehabilitation process should be started immediately with the concerned District Magistrates. iii) District Magistrate, Varanasi and Mirzapur, U.P. to organise periodical sensitization programme for SDM/Labour officers about conducting the enquiry relating to the Bonded Labourer System Abolition Act and other relevant laws/judgements given by the Hon'ble Supreme Court. Vigilance Committee needs to be activated in identifying, release rehabilitation of bonded labourers. iv) DM, Varanasi and Mirzapur, UP to ensure that the basic amenities including the living conditions be improved and the Provisions of Right to education should also be implemented in true spirit. The officials must be sensitized to ensure maintenance of proper records and their production by employers whenever inspection is carried out. These sensitization programmes be completed before start of the season. v) Dy. Labour Commissioner, Varanasi and Mirzapur, UP to submit the details of action taken against the brick kiln owners after invoking the provision of minimum wages Act, Inter State Migrant Act, SC/ST Act and Child Labour Act where ever applicable. vi) Senior Superintendent of Police, Varanasi and Mirzapur, UP to submit the details of FIR and present status registered against the brick kiln owners. vii) District Magistrate, Mirzapur, U.P. to initiate action under the provisions of Bonded Labour System (Abolition) Act with regard to 20 labourers who were found working at JBS Stone Crusher, Devri Kala Tehsil, Medihan, District Mirzapur and issue their release certificates forthwith. viii) District Magistrate, Mirzapur, U.P. to get an enquiry conducted at all the stone crushers located in the District in accordance with the provisions of the Bonded Labour System Abolition Act. ix) Issue Notice to the Secretary, Ministry of Mines, Govt. of India and also Secretary, Ministry of Labour to get an enquiry conducted at all the stone crushers located in the District in accordance with the laws as applicable and submit report to the Commission. The enquiry inter alia should also cover on the basic amenities and facilities provided by the employers to the labourers as mandated under the law. x) A Notice be issued to the District Magistrate and Superintendent of Police, Mirzapur to launch a drive in order to identify the vehicles involved in the stone crushers activities and other such activities found without number plates and submit an action taken report. xi) District Magistrates of Jaunpur, Chandauli, UP, Sidhi,Madhya Pradesh, Palamu & Daltonganj, Jharkhand and Bilaspur, Chhattisgarh to submit a report on the steps taken for rehabilitation of the released bonded labourers. xii) Chief Medical and Health Officer, Mirzapur, U.P. to visit M/s JBS Stone stone crusher, Devri Kalan Tehsil, Medihan, Mirzapur and other stone crushers in Medihan in order to examine and assess the health condition of labourers found working there and submit compliance report. xiii) DM, Varanasi to submit status of rehabilitation of bonded labourers rescued and released since 2012 and to submit proof of payment. xiv) Let a copy of these proceeding along with reports be also transmitted to the Secretary, Ministry of Home Affairs, Government of India and Director, Central Bureau of Investigation, New Delhi being nodal Ministry and nodal agency for the cases relating to trafficking in human beings for information and further necessary action. DM, Varanasi and Mirzapur, UP to submit status report regarding action taken against owners who are running kilns without valid licence. Compliance report be submitted within eight weeks.

Wednesday, July 13, 2016

Bring dignity to 9 years old rape survivor

Vimal Thorat says, "I am proud of the little girl who stands against the sexual harassment by her own father,her voice become every girl child's voice against the violations of  human rights."


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#rape #endrape #masculanity #pvchr

Friday, July 01, 2016

Friends and Partners for Human Rights,Equality and Dignity

PRISONERS RELEASED ON CM’S 43RD BIRTHDAY

Lenin Raghuvanshi of People’s Vigilance Committee of Human Rights (PVCHR) said that 90 per cent of undertrials are poor and do not have access to lawyers.


“Have you ever seen a rich businessman or powerful politician languishing in jail for long. No. They have money and can turn the case on its head and roam free while an innocent poor languishes in jail,” he said.



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Tireless Service to Humanity

Dear Mr. Lenin Raghuvanshi, Congratulations, you have been featured on Deed Indeed's social platform. ...