December 16, 2013. The day was a fateful one for Nilambar Dhangada Majhi (35) and Bialu Nial (30) from Kalahandi district in Orissa. For refusing to work in the brick kilns of Andhra Pradesh, the middleman, who recruited them, chopped off their hands in the Belpada jungle of Sindhekella area in Balangir district in Orissa. Prior to this, they were kept in confinement at Nuapada district and tortured. The two workers managed to escape from the jungle and were admitted to a hospital in Bhavanipatna through the help of some local villagers.

Twelve labourers from different villages of Utchla gram panchayat of Jaipatna block were hired by two labour contractors, who assured them work in Chhattisgarh. Each of them was paid Rs 14,000 as advance. However, instead of taking them to the promised destination, the agents handed them over to another agent, who asked them to work in the brick kilns of Andhra Pradesh. The workers were reluctant to do so and fled; only ten of them, however, managed to escape. Nilambar Dhangada Majhi and Bialu Nial were caught, and maimed in the most brutal manner for life.

The story above is not fiction and not a scene from a commercial movie. Nor is it a one-off, or rare, incident. Such horrifying episodes of modern slavery are common, notwithstanding the steps India has taken at the national and international levels for the abolition of slavery.

Slavery has been abolished all over the world. However, even in 2014, it exists in various forms and under various names—forced labour, bonded labour, human trafficking—when the freedom of individuals is restricted, they are subjugated, their rights curbed and their persons treated as mere property to be used to mint money for the one who owns or employs them.

 

Global Attempts to Abolish Slavery The first efforts to abolish slavery and debt bondage were initiated during the 19th century. The Anti-Slavery Abolition Act 1833 made slavery illegal in the British Empire. This was followed by the Anti-Slavery Report of 1841, which led to the passing of the Anti-Slavery Act 1843.   The League of Nations adopted the Slavery Convention in 1926, which was followed by the first International Labour Organisation (ILO) Forced Labour Convention 1930 (No. 29) and was ratified in India more than 20 years later. It took India another 20 years to pass the law to abolish bonded labour system. On 25 October 1975 the Bonded Labour System Ordinance was passed. In the following year (1976), it was replaced by the Bonded Labour System (Abolition) Act 1976. .

 

What the Statistics Say

According to Global Slavery Index (GSI) 2013, the estimated number of those enslaved in India is between 13,300,000 and 14,700,000. India, being the world’s second most-populous country with 1.2 billion people, is still entangled in innumerable forms of bondage. Be it in agricultural fields, plantations, brick kilns, quarries, weaving, or in industries (which have adopted new techniques of bondage such as the Sumangalis in the spinning mills of Tamil Nadu), the evil practice of bonded and forced labour still exists.

When pronouncing its judgment on the Asiad Workers’ Case (In People’s Union for Democratic Rights and others vs. Union of India and others [1982 II LLJ 454 SC (1982) 3 SCC 235)], the Supreme Court said, “When a person provides labour or service to another for remuneration, which is less than the minimum wage, the labour or service provided by him clearly falls within the scope and ambit of the words ‘forced labour’ under Article 23 (of the Constitution of India).” If we follow this definition, we may have to reconsider the statistics given by GSI because India is one among those countries that denies minimum wages to a majority of its work force.

Migrant Work Force

A large chunk of the work force that migrates from remote villages in search of employment ends up as labour in brick kilns. Poverty, drought, malnutrition, starvation, anaemia, caste and many other socio-economic issues force the workers to migrate.

The role played by agents, who act as good Samaritans in villages, are crucial for labour to migrate. Middlemen are the most powerful in entrapping workers in bondage. They collect money from the brick kiln owners, and give only a minimal amount to the workers, in the form of an advance. However, in the employer’s accounts, the money siphoned off by the agents is listed in the account of the worker as a debt. In many cases, the agent also gets a share of the worker’s wages. When a villager struggles for money during the lean season, festival season, or under family compulsions such as marriage, child birth in the family, etc., the agent gladly steps in to help. He offers him money and thereby secures a pledge of his family’s labour for an unknown brick kiln employer in totally alien surroundings, where they will toil endlessly.

Brick-making: Process and Labour Roles

According to a study conducted by Prayas Centre for Labour Research and Action in Udaipur, there are around 50,000 brick kilns, each of which employs an average of 100 families. Brick moulding is one of the major activities in brick kilns. However, prior to moulding, the clay has to be fetched. Whereas many a brick kiln digs out clay from their immediate surroundings, others get it from far-off fields. Many now use machines for digging and mixing the clay with water. The mixed clay is taken out in thelas (hand carts) to the brick making area, where the workers mix it thoroughly once more and mould it into bricks. The moulded bricks are then left in the sun to dry. This is one area in which children (child labour) are heavily involved. The stacked bricks are then put in the furnace. The furnace is prepared with sawdust and coal is burnt. “Once the furnace is lit, it stops only when the entire baking process is over. The furnace uses coal as fuel; and to bake one round of bricks, 12 truckloads of coal are required,” says Fagu Mahto from Gankay village of Doha Katu panchayat in Jharkhand, who works at Shiv Bricks as a munshi. The work in the furnace has to be continuously monitored. Many women, known as addha, are involved in keeping the furnace burning. Sankarmati Jeniram, who works in Binod Kumar`s brick kiln at Mazdoori village in Bilaspur, Chhattisgarh, says, “For the last four years, I worked as an addha and my role was to add coal and sawdust to the furnace as and when required.” When the bricks are made, her role changes, and she works as a loader. “We have to make both ends meet,” says Sankarmati. Once the bricks are baked, the work of the nikasi begins. They take out the bricks from the furnace and stack them, ready for sale and use. As buyers come and make their purchases, loaders transport bricks to the trucks. Men, women and children all work as loaders.

 

 

Pitabash Dharu from Kanut village, Orissa, has one acre of land on which he and his family (wife and two children) work. During the drought, the family is unable to cultivate anything, and ends up in utter misery. “We are very poor and do not have any work during the drought season. We get no water, no jobs and literally starve for many days,” says Dharu. He has seen people from his village going out to different states looking for jobs. He too decided to migrate. An agent from a nearby village, Ashok Mahapatra, helped him to migrate to a brick kiln in Andhra Pradesh. Brick kiln employers prefer family labour; therefore, he, his wife and a relative went as a unit to work in the brick kilns. The agent handed over an advance of Rs 40,000, which was given to him by a brick kiln owner in Nellore district of Andhra Pradesh. Since Daru`s children were studying in Class IX and VI, he left them with his in-laws so that his children could continue studying. “We left our house and children behind and migrated to a new place where we neither knew anybody nor understood the region`s language. We toiled for more than 14 hours a day. When we fell sick, we could not avail of any medical facilities.” Every week, they were given Rs 500 calculated on a per-day basis, for their food and other expenses. At the end of the season, the employer gave them Rs 1,500 each for their travel to their villages. “He said there was nothing more to pay since everything was paid as advance and weekly expenses. Thus, we came back home, empty-handed,” says Dharu.

The story of Pitabash Dharu is not an exception. Thousands of workers, who migrate to the brick kilns of Andhra Pradesh, to the cotton fields of Gujarat and to the construction sector in Maharashtra, have similar stories to tell.

 

Brick kiln workers are one of the most vulnerable categories of workers in Jharkhand too where 22 of 24 districts have brick kilns. The exploitation faced by the migrant work force here is enormous. The workers accept money in advance and then work in a bondage-like situation through the season only to repay the advance, but end up getting more and more in debt. They are also subjected to exploitative labour conditions by middlemen, recruiters and employers. Without any social support, they face severe physical, social and economic hardships.   Jharkhand is both a source and a destination state for brick kiln workers. People migrate from Jharkhand to other states for brick-making, and workers from other states come to work in the brick kilns of Jharkhand. “A majority of the work force are locals from nearby villages,” says Anant Nath Singh, vice president of All-India Bricks Manufacturing Federation and president of Jharkhand Pradesh Brick Manufacturers` Association. “Workers from other states come in November and stay till May because that is the peak season for brick-making. The work gets stalled once the rainy season begins,” he informs.

 

Inhuman Condition of Brick Kiln Workers in India

“We work anywhere between 14 to 18 hours a day. One cannot keep away from work even when unwell. If fatigue overpowers you, you cannot slow down. In such cases, you will be abused verbally and, at times, physically too,” says Gouri, a brick kiln worker. “Even my children were beaten up badly. We had no other option, so we had to bear with these atrocities,” she adds.

A press release published in Sanhati on 20 January 2014 brings to light the brutal violence inflicted on around 60 workers at a brick kiln in Koppulapally village, Yeldurthi Mandal, Medak district. The workers, who hailed from various districts of Odisha, were brought in to work in October after receiving an advance of Rs 10,000 to 15,000 per worker. On arrival, a few of them were employed to harvest crops on the owner`s fields, and later to prepare the kiln. This was not the work for which they were hired, but they were forced to do it, and without payment. Once they began, they were forced to work even when sick. Even pregnant women had to work. Those who protested were attacked. Workers, including women and the elderly, suffered injuries. Unable to bear the atrocities, two workers fled. Muniram, a labourer, who protested, was taken away by the management and no one knows where he is now. Workers suffering from chicken pox were also made to work. A number of children, between 6 and 14, were also employed at the kiln.

On 17 January 2014, the workers were rescued from the kiln, and given temporary shelter in Old Boys Hostel, Yeldurthi village, under police protection. Police complaints have been filed against the owner of the kiln. As stipulated under The Bonded Labour (Abolition) Act, 1976, initiatives have been taken to ensure proper rehabilitation and compensation for the rescued workers as well as safe return to their villages. Demand for the payment due, calculating the bricks made, has also been raised under the Minimum Wages Act. In spite of the police complaint, the employer, Narasimha Reddy, and his men are roaming around freely, still threatening the workers.

Krishna Majhi, a released bonded labourer from Rani Silet hamlet in the Barbandh Revenue village of Muribahal block in Orissa, says, “I fell sick and had to take leave, but was beaten brutally by my employer. My weekly allowance was reduced from Rs 300 to 250. More than that, there was no freedom at all,” he says. A few of the workers along with him somehow managed to complain to the sarpanch, who directed them to the labour department. With the help of Aid-et-Action and International Justice Mission, the workers were released and kept in a nearby school for 8 days. The railway department cooperated and allotted three special compartments to transport 500 people back to their villages. They got their release certificate and a majority was able to avail of the rehabilitation package. With the money received, they are trying to settle in their own village.

Krishna Rajahansia of Sargul village, of Muri Bhal block of Balangir district has nightmares about brick kilns. The brick kiln in which he worked in Andhra Pradesh had labourers who served as bonded labour for more than 22 years. His wife and four children worked in confinement for three years. When taking them to the kiln, the agent had promised Rs 45,000. Once they reached the brick kiln, they were not paid. “A weekly allowance of Rs 400 was given to us for food and other expenses. How can six stomachs be filled with this meagre money?” asks Rukho, wife of Rajahansia. In their village, though poverty and unemployment rule, they had ration cards, with which they could procure rice and wheat, oil and salt at a subsidised rate. Far away from home, they were hapless. “All of us were badly treated. If annoyed, the employer and his men use to strip us naked and beat us,” recollects Rajahansia. The workers were fortunate to somehow get in touch with Aid-et-action. “The local police refused to help, so we had to seek the help of district police and the labour department,” says Umi Daniel of Aide-et-action. In September 2012, 45 people from 8 families were released. Except for the children, 25 adult workers were declared as bonded. “I shall never leave my village; we shall survive here on whatever pittance we can make,” says Rajahansia. The elder family members now have MGNREGA job cards. They are identified as BPL workers and so get 30 kg of rice at Re 1 per kg.

Living and Health Conditions

A typical brick kiln has tiny hutments made of unbaked bricks, and tin or plastic sheet roofs. The entrance is very low to walk through; in many hutments, one has to crawl to get inside. It does not have any living facilities, and an entire family—usually four in number—stays together, as though stacked, for a period of six months.

Water for daily use has to be fetched from a neighbouring well, pond or river. No toilets or bathrooms are available, and everything is done in open areas nearby. “At night, we are scared to go out in the open. In villages too, we use open spaces, but are not scared because it is our own village, where we live with a community feeling,” says Kuntula Jal, a brick kiln worker of Siletpur village.

“Sitting and standing for long hours gives me a tremendous backache and pain in my lower abdomen,” complains Binadevi. “I understand the harsh reality of life and so can withstand the pain, but when I see my 15-year-old son, who works as loader, writhe in pain in his neck and shoulders, I find it difficult to bear,” she says.

A study conducted by Christian Medical College, Vellore, states that, “a variety of musculoskeletal disorders and related ailments are seen among brick kiln workers, where heavy physical work is associated with awkward working postures and manual handling of materials, leading to significant morbidity.”

“Due to inadequate food intake, long hours of work and lack of medical attention, the workers and children are often afflicted by diseases,” says Umi Daniel, of Aid-et-action, an NGO that works intensively on issues of bonded labourers. The food they eat is equivalent to chicken fodder,” he adds. The condition of brick makers are similar to those who work in enclaves on plantations. They work day and night, waiting eagerly for the weekly markets, where they can procure things for their daily needs. But there are problems there as well. “Prices of essential goods are soaring. We cannot even buy good onions, everything is so costly, and will have to totally depend on the weekly payment of a meagre Rs 500,” says Kuntula Jal. “Young children need enough food to grow, but we cannot provide them with good food. I feel miserable when children ask for meat or chicken. It could have been excused, had we had enough good vegetables. Besides, they too work like adults,” laments Savitri Majhi, another worker.

 

Chhattisgarh claims to be free of bonded labour. In reality, the Chhattisgarhi becoming bonded labour in other states is a common affair. On 26 April 2013, 31 people, aged between 5 and 50, were rescued by the district administration team from Hazaribagh district of Jharkhand. They were working in the brick kiln at Dunagarh in Churchu and belonged to Kosa village in Chhattisgarh. The rescue operation took place based on a complaint lodged in the people`s court on 24 April by one Antram of Kosa village. He had highlighted the plight of the workers, who were not allowed to leave the place and were denied wages for more than five months. Mukhender Sahu, the brick-kiln owner, and his partners Samir Khan and Ashique Khan were treating the workers very badly. The workers were not allowed to sleep; they had to work continuously. Moreover, without wages or allowances, they had no food to eat. Even pregnant women were forced to work hard. Most of them were sick and weak due to the harsh conditions to which they were being subjected.

 

Child Labour: A Reality

On 23 December 1986, the Child Labour (Prohibition and Regulation) Act 1986 came into existence in India. However, the rules and regulations of this legislation are not applicable for brick kiln employers in India. Children of all ages work in brick kilns. A toddler mixing mud or stacking bricks with his or her tiny hands is a common scene. A 13-year-old child may work as a head loader, transporting bricks and ash to the trucks. Thus, the brick kilns in India, including the manufacturing of bricks, also produce children without a childhood. No dreams, no games…just stuck with the smoke from the coal and the saw dust, mixing clay and water, carrying loads and loads of bricks on their head, these children stay in the kilns as victims of this vicious bondage. Eight-year-old Abhishek Majhi says, “I love going to school, but teachers in our school back home in villages are hesitant to take us because we are absent for over six months.” Parents take their children`s support for making bricks and so they bring them along. Those who would like to see their children continue with their studies do not have enough resources at home to leave their children behind. When families migrate, those left behind are generally old and disabled, unable to take charge of caring for children.

Basant, who had fever and could not help his parents with brick making, was kicked by his employer in front of his parents. Atrocities against children are high in brick kilns. Like adults, children too work unending hours. Malnutrition and stunted growth are quite common.

Onus on Whom?

The Constitution of India guarantees a free and dignified existence to all its citizens and it prohibits bonded labour through Article 21, 23 (1) and 24. Bonded labour has been illegal in India since the adoption of Bonded Labour System Abolition (BLSA) Act 1976. The Act demands identification, rescue and rehabilitation of bonded labour. Curiously though, even those rescued are seen to relapse into bondage. Experts point to various reasons for the continued prevalence of bondage—inadequate rehabilitation schemes, dearth of local employment opportunities, lack of skills for alternate employment, etc.

“Thanks to MGNREGA, there is no bonded labour anymore,” proclaims an advertisement by the government. The Mahatma Gandhi National Rural Employment Guarantee Act could have addressed the issue of unemployment to a large extent, if it were implemented well. However, there are problems regarding the failure and delays in receiving payments, lack of employment through the year, providing jobs to only one member of the family, corruption and poor administration.

No proper census has been conducted in brick kilns, and, therefore, there are no reliable statistics available on the number of workers employed. There is no mechanism to monitor the kilns, for example, to see whether they are registered, have a license, whether they are violating pollution norms, etc. Except for a few labour inspectors randomly checking kilns, there is no full-fledged, systematic monitoring of labour laws in the country. The hue and cry raised by some NGOs is the only promise of solace. Often, even when bonded labourers are identified, the government machinery fails to have them released and rehabilitated. The NHRC takes note of cases suo moto but the problem is massive; responsibility will need to be shared equally by different related agencies and departments. The central government, state governments, local bodies and other entities responsible for taking action against bonded labour have failed miserably. There is much to be desired from civil society actors, as well, which play an important role in this fight.

The situation may change when we have a determined central machinery, active labour and revenue departments, honest officials, an unfailing judiciary, strong interventions and support from ILO, conscientious civil society organizations, a vigilant public and aware workers. And, not the least, by giving the victims a voice to speak and to be heard.