IHC orders end to bonded labour in capital

Capital’s brick kilns not registered with government

ISLAMABAD:

A commission formed to probe into bonded labour by the Supreme Court on January 2 revealed that none of the brick kilns in the federal capital are registered with any government organisation.

The Islamabad High Court (IHC) on Tuesday directed the Islamabad Deputy Commissioner (DC) Hamza Shafqaat to ensure that no one is working forcibly at brick kilns based on advance loans and also help spread awareness to every labourer about their rights.

A single-member bench of IHC, comprising Chief Justice (CJ) Athar Minallah, presided over the case pertaining to bonded labor at brick kilns. During the hearing, members of a Supreme Court (SC) commission set up on forced labour, advocates Adnan Randhava, Umer Gilani and Daniyal Aziz, shared a report spread over 71 pages to the court.

The report stated that bondage by virtue of debt is a form of modern slavery. All labourers are free and well within their rights to discontinue their jobs at brick kilns at any time, the court observed.

CJ Minallah remarked that the loan given to the labourers against bondage is illegal and the workers are not obligated to pay it off. He maintained that the practice of debt bondage is in strict violation of the SC’s orders. He reiterated that a message should be conveyed to every labourer that he is not a slave, but a free citizen of the country.

The commission further recommended issuing CNICs to the labourers, stating that they are deprived of basic human rights. The report also recommended that children under the age of 14 should not be permitted to work at brick kilns while a magistrate should be named to hear such cases under labour laws.

The court appointed the IHC Journalists' Association (IHCJA) as amicus curiae in the case and stated that such issues must be highlighted in the media. Why such important issues were neglected by media while it continues to telecast even minor political issues, the court questioned. “A slap to anyone is telecast round the clock as if it is being done every hour,” CJ Minallah chided.

The court summoned the IHCJA's President Saqib Bashir, who is also a correspondent with The Express Tribune, to the rostrum. The CJ told him that the media should play its role in the matter instead of showing negativity. Bashir assured the court that journalists will play their role to highlight such issues.

CJ Minallah commented that a drama is staged every year on International Labour Day while the state has failed to cope with the issue in reality. The court directed the government to ensure that there would be no remaining case of forced labor till next date.

The court also directed DC Shafqaat to appoint an officer to visit every brick kiln and sought an implementation report for the commission's recommendations while adjourning the hearing for two months.

Published in The Express Tribune, February 3^rd, 2021.