Child labour a norm at brick kilns

The high court has taken strong exception to the practice of bonded child labour at brick kilns of the federal capital.

While enslaving children in bonded labour is banned across the country, existence of this abhorrent practice in the capital city is most alarming.

Islamabad High Court (IHC) Chief Justice Athar Minallah on Wednesday presided over a case regarding child labour at brick kilns filed by Manzura Bibi.

Mahar Saifullah Lak Advocate representing the petitioner stated that her two sons were being forced to work at a brick kiln in the precincts of the Noon police station.

The owner of Gondal Bricks Company situated at Haji Camp Road, Islamabad has illegally detained children.

IHC chief justice said in the order that the ages of the children mentioned in the petition are less than eight years old. He observed that the complaint and assertions appear to be regarding the practice of bonded labour prevalent in brick kilns.

The court directed Islamabad Deputy Commissioner (DC) Hamza Shafqaat to appear in the court with the recovered children in the next hearing on Thursday.

The court remarked that child labour was illegal under the Constitution of Pakistan and would not be tolerated. Justice Minallah directed DC to appoint a magistrate for the recovery of the victims and present them in the next hearing.

Further, Minallah instructed the Islamabad administration to visit all brick kilns in the capital territory to ensure that children were not hired as labour there.

It is noted that bonded labour 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 Labour System (Abolition) Act 1992. The Supreme Court of Pakistan has unequivocally held that forced labour 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.

Justice Minallah said the apex Court has 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 labour from all sectors of the economy, particularly the brick kilns.

No fetter on the rights of the labour guaranteed under the Constitution can be placed even through voluntary agreements. The labour employed in brick kilns are entitled to the minimum wages determined by the state.

Published in The Express Tribune, December 31^st, 2020.