Rehabilitation of Bonded labour

Case Details of File Number: 36900/24/39/2013
Diary Number	146350
Name of the Complainant	SHIRIN SHABANA
Address	PEOPLES VIGILANCE COMMITTEE ON HUMAN RIGHTS, SA 4/2A, DAULATPUR,
	VARANASI , UTTAR PRADESH
Name of the Victim	BHOTHE MUSHAR S/O PAWARU MUSHAR AND OTHERS
Address	SIKHDI KHANDAK, POST. SIKHDI, PS. MIRZA MURAD, TEH. SADAR,
	VARANASI , UTTAR PRADESH
Place of Incident	SHIVRAMPUR
	JAUNPUR , UTTAR PRADESH
Date of Incident	Not Mentioned
Direction issued by the Commission	These proceedings shall be read in continuation of the earlier proceedings of the Commission. The Commission has received a complaint from People's Vigilance Committee on Human Rights alleging that the victims of Mushar community belonging to a scheduled caste while working as bonded labourers at the brick kiln of Jagat R. (R) Marka Int Bhatta were identified and released from there. The process of rehabilitation of the eleven labourers from Varanasi have been initiated by the concerned authority, but in respect of the nine labourers of Jaunpur District and the four labourers of Azamgarh District who were also released from the above brick kiln, no process for their rehabilitation has been initiated as yet. The brick kiln owner has not paid their dues also. The complainants have requested intervention of the Commission for rehabilitation of the released labourers of Jaunpur and Azamgarh Districts and also for realising their due wages. The Commission vide proceedings dated 29.08.2015 had observed and directed as under:- “The Commission perused the record and observed that the DM, Azamgarh and DM, Varanasi, have not thrown any light on the rehabilitation of 02 bonded labourers namely Mrs. Santra, w/o Rajesh Musahar and Inrawati, w/o Vinod Musahar. They have also not thrown any light on the issue of relief provided under the Provisions of SC/ST (PoA) Act to the released bonded labourers, if they belong to that community. The DM, Azamgarh and DM, Varanasi, be asked to submit a report in this respect within four weeks failing which the Commission shall be constrained to invoke its powers u/s 13 of the Protection of Human Rights Act, 1993. DM, Jaunpur, has not submitted report. Let a copy of the proceedings dated 27.10.2014 and a copy of complaint be forwarded to him for necessary action within four weeks”. In response, the DM, Varanasi vide letter dated 16.11.2015 has forwarded report dated 04.11.2015 submitted by Dy. Labour Commissioner, Varanasi Range, Varanasi. It has been stated in the report that compensation under the provisions of SC/ST Act is not being paid by their office, and the said labour Smt. Santra, w/o Rajesh, and Smt. Inrawati, w/o Vinod Musahar were not found present during the spot enquiry conducted on 12.03.2010 and 03.05.2012. Therefore, they were not declared as bonded labourers by the then SDM, Sadar Varanasi, and no release certificate was issued. Hence, no action is pending on the part of Labour Department of District Varanasi under the provisions of Bonded Labour (Abolition) Act, 1976. The DM, Jaunpur vide letter dated 30.03.2016 has informed that two labourers Sh. Dil Kumar Musahar, s/o Munna Banwasi, and Shri Dashari Mushar, s/o Rama Musahar, both the r/o Village Sakanra, Post & PS – Rampur, Tehsil Madiahu, District Jaunpur have been provided an amount of Rs.20,000/- each through account payee cheques issued in their favour. A copy of the receipt of the cheques have also been enclosed. The DM, Jaunpur, has submitted instructions given by the NHRC have been complied with by them, and has requested to close the matter. The Commission notices that the needful regarding rehabilitation of the bonded labourers has been done, therefore, no further intervention is required, and the file is closed.
Action Taken	Concluded and No Further Action Required (Dated 4/4/2018 )
Status on 4/16/2018	The Case is Closed.