Bonded Labour in Pakistan: Sociology of Development
Bonded Labour in Pakistan: Sociology of Development
Bonded Labour in Pakistan: Sociology of Development
Sociology of Development
1733110
PhD Sociology
1. INTRODUCTION....................................................................................................................4
2. METHODOLOGY...................................................................................................................5
3. DISCUSSION..........................................................................................................................5
REFERENCES..............................................................................................................................11
1. INTRODUCTION
Pakistan is not a good place to be labourer. Labour rights are grossly violated and
usurpers are rarely punished. Resultantly, there is ubiquitous violation of rights of workers in
different sectors and across the country. Whether it is agriculture sector or mining sector, fishing
profession or brick kilns, workers are at the receiving end of injustice and human rights abuses.
They are exploited and abused by powerful landlord or owners and are made to live in miserable
and impoverished conditions.
Pakistan is one of those countries where bonded labour is still prevalent in many sectors of
economy. Labourers are forced to work in sub-human conditions, mostly against their will. It is
despite the fact that specific laws have been enacted to curb this social menace of forced labour.
Though laws specifically stipulate punishments, the violations of the rights of the labour
continue unabated.
2. METHODOLOGY
The study is a descriptive qualitative study. Firstly, laws are identified and defined about
the bonded labour in the country. Secondly, general behavior of criminal justice system
particularly courts is discussed by shedding lights on legal precedents. Lastly, various sectors
where bonded labour is prevalent are identified and discussed. The study uses secondary data
available in the form of legal documents and research studies conducted before.
3. DISCUSSION
Bonded labour refers to an employee – employer relationship characterized with forced
labour and advance payment (It is called Peshgi in Pakistan). What usually happens is property
owner or other powerful employers give poor labourers hefty amounts as Peshgi which they need
to pay back in terms of their labour. Though the system gives freedom to employees to pay back
and cancel the employee – employer contract, practically it is almost impossible. Consequently,
employers exert tremendous influence on the labourers to an extent that movement of freedom is
restricted. It is considered slavery according to the definition of slavery provided by the UN
which defines it as ‘status or condition of a person over whom any or all of the powers attaching
to the right of ownership are exercised’.
A landmark case which paved the way for legislation of bonded labour is of Darshan Masih and
Others v. The State. The details of the case are as follows: In the year 1988, the chief justice of
Pakistan received a telegram from the people who were working as bonded labour at Brick Kiln
and apprised him of their miseries in captivity. The chief justice considered the telegram as
petition and called it a case of public interest litigation. It was the first type of such case in the
judicial history of Pakistan. The judgement laid down the rights of bonded labourers which were
being denied to them by the powerful brick kiln owners. Moreover, the court criticized the
system of advance payment or Peshgi and appointed a committee to assist in the cases that
involved the violation of rights of bonded labour due to this system. Besides this, the court
directed the legislature of the country to define the bonded labour and enact laws to curb this
menace. The result was the passing of landmark bill called Bonded Labour System (Abolition)
Act 1992 that was passed just after two years of the landmark judgment.
The case with judiciary is also not different. Though it has played an important role in raising
the first case of Darshan Masih, its role as far as punishment of the culprits is considerd is not
satisfactory. At most what it does is that it sets the labourers free without punishing the
perpetratrators. It has very little deterrent effect and, resultantly, bonded labour is practiced
rampantly. This trend of setting them, the bonded labourers , free is evident from the following
cases decided by the courts of the country.
Court Decision:
Though the labourers were recoverd from the premises of brick kiln and they maintained that
they were not paid any wages and had been tortured, the court did what it usually does: it set
them at liberty. No punishment to perpetrators whatsoever.
These court judgements, along with many other similar judgements, show that despite the fact
the law has been enacted and that law provides for the punishment of operators of the exploitive
system of the bonded labour in the country, nothing especial has been achieved as far as
provision of justice to the victims of this modern form of slavery is concerned. The courts mostly
and at best have declared the victims at liberty and have not punished the perpetrators. Therefore,
the enactment of the law has had lesser than desired deterrent effect. The bonded labour practice
and systems continue to operate almost with complete freedom.
I. The criminal justice system should move further than just setting at liberty. It must
penalize the perpetrators of the heinous crime of the bonded labour as it is utmost
violation of the human rights. The law explicitly mentions the punishment and fine for
the operators of bonded labour system. However, there is a little progress in this regard.
Therefore, in order to create a deterrent effect, law must take its course and punish the
culprits.
II. Vigilant committees at district level should be formed. It will enable the victims of the
bonded labour to easily access or inform the authorities about their miseries which they
have to face at the hands of cruel landlords or owner et cetera.
III. Amendments should be made to the Act of 1992 to increase the severity of the
punishment. It will create a detterent effect and help reduce the curb of social justice.
IV. Government should start an awareness campaign about the rights of bonded labours.
Most of the labourers do not even know that peshgi has been declared illegal under the
law and they are not legally bound to pay it back. Therefore, an effective media campaign
under the leadership and support of federal and provincial governments can prove to be
very effective in order to curb the social menace of bonded labour system.
REFERENCES
Ercelawn, A., & Nauman, M. (2004). Unfree labour in South Asia: debt bondage at Brick
Kilns in Pakistan. Economic and Political Weekly, 2235-2242.
Ghazdar H. and Khan A. (2016). Bonded Labour in Domestic Work and Begging. Bonded
Labour in Pakistan, Oxford Press Pakistan(2016).
Qureshi A. (2016). Badhal: Bonded Labour Among Fishermen on the Indus River. Bonded
Labour in Pakistan, Oxford Press Pakistan(2016).
Salim, A. (2001). Mine Workers: Working and Living Conditions. Sustainable Development
Policy Institute.