Monday, August 1, 2011

RAM DAYAL MUSHARS S/O LOCHAN MUSHAR & SUNITA

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National Human Rights Commission, New Delhi, India


Case Details of File Number: 37528/24/72/2010-BL

Diary Number 97953
Name of the Complainant LENIN, EXECUTIVE DIRECTOR
Address PEOPLE'S VIGILANCE COMMITTEE ON HUMAN RIGHTS, S A4/2A, DAULATPUR,
VARANASI , UTTAR PRADESH
Name of the Victim RAM DAYAL MUSHARS S/O LOCHAN MUSHAR & SUNITA
Address MAUZA SARAI, PHULPUR, TEH- PINDRA,
VARANASI , UTTAR PRADESH
Place of Incident SHIVPUR TEHSIL- SADAR
VARANASI , UTTAR PRADESH
Date of Incident 1/1/1991
Direction issued by the Commission "The Commission vide its proceedings dated 29.4.2011 observed and directed as under:- "The report submitted by ADM, Varanasi cannot be accepted. The Commission, therefore, directs the Additional District Magistrate (Varanasi) to depute a team of at least two senior officers as per provisions of section 10 of the Bonded Labour System (Abolition) Act, 1976 to the spot who shall record the statements of the brick kiln owner, examine the records in the light of the allegations made by the alleged bonded labourers in their affidavit and also record their statements by visiting their village, which falls in District Varanasi. The inquiry team shall conduct the inquiry strictly in accordance with the provisions of the Bonded Labour System (Abolition) Act, 1976 and submit a report to the Commission within four weeks positively on the following points:- 1. Whether any advance was given to the alleged bonded labourers, as alleged. 2. Whether the labourers worked for 28 weeks as claimed by them. 3. Whether the employer has maintained proper records of bricks made by the labourers and payments made to them from time to time. 4. Whether minimum wages have been paid to the labourers. 5. Whether a sum of Rs.2,67,880/- is due to the labourers as claimed by them. If not, how much is due. 6. (a) Whether the provisions of all labour laws have been followed by the employer? (b) If not, whether the labourers are entitled to be declared as bonded labourers." The aforesaid directions were conveyed to Additional District Magistrate, Varanasi, Uttar Pradesh on 9.5.2011 calling for a report by 9.6.2011. However, no response has been received from him till date. Issue a reminder to the Additional District Magistrate, Varanasi to expedite the enquiry and submit the report to the Commission within four weeks positively."
Action Taken Additional Information Called for (Dated 7/7/2011 )
Status on 8/1/2011 Response from concerned authority is awaited.

Note: For further details kindly contact National Human Rights Commission, Copernicus Marg, New Delhi, PIN 110001 Tel.No. 23385368 Fax No. 23384863 E-Mail: covdnhrc@hub.nic.in

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