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.
#pvchr #u4humanrights #endslavery #bondedlabour #NHRC
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