J John is Editor, Labour File. Email: jjohnedoor@mac.com . (J John)
Employment in the Brick Kilns of Punjab
One brick kiln, with a capacity of producing 30 to 40 lakh units per season, usually employs around 250 workers. Estimates about the number of functioning brick kilns in India vary from 50,000 to 100,000. This means that employment in brick kilns can vary from 12,500,000 (1.25 crores) to 25,000,000 (2.5 crores) in a season. For a comparison, the National Sample Survey Organisation (NSSO) 2009–10 estimates that the construction industry employs 4.4 crores. Brick kilns alone, at the highest range, employ more than 5 per cent of 460 million (46.02 crores) workers in India.Bonded labour or slavery?
The brick-kiln industry in India is, therefore, characterised by the use of bonded labour. Recent literature such as the WalkFree report hassaidthat India has the largest number of slaves in the world, and also mentions brick kilns as engaging slave labour in India. However, is bonded labour slavery? And are brick kilns in India engaging in slave labour?BLSAAct 1976 and Slavery Instruments
The widespread prevalence of debt bondage in India and its extremely exploitative character has led the Government of India to promulgate the Bonded labour System Abolition (BLSA) Act in 1976. The BLSAAct draws heavily from Article 23 of the Indian Constitution, the ILO Forced Labour Convention 1930, the UN Slavery Convention 1926, and UN Supplementary Convention 1956.The Brick-kiln Industry in Punjab
The brick manufacturing process comprises the following stages: material procurement, during which the clay is mined and stored in the open; tempering, during which the clay is mixed with water manually to get the right consistency; moulding, during which a lump of mix is taken, rolled in sand and slapped into the mould; drying, during which the bricks are removed from the mouldand are arranged in a herring bone pattern in the drying area, to dry in the sun; firing, during which the green bricks are arranged in a kiln, insulated with a mud pack and fired; sorting, during which the kiln is disassembled and the bricks are sorted according to colour, to be sold in the market, based on their varying qualities.Labour Market Rigidity
Workers with these different skills are usually obtained from distant places. In the kilns studied in Punjab, for instance, there were workers from Uttar Pradesh, Chhattisgarh and Rajasthan besides workers from the state. A unique aspect of the kilns studied in Punjab was that most of the workers (86 per cent) came from within Punjab itself.Factors that Accentuate Vulnerability: Caste, Landlessness and Illiteracy
Certain factors were common to all workers—factors that contributed to the vulnerability of potential brick-kiln workers before they choose to work in brick kilns. First, 97 per cent of the workers were dalits; all the patheris were dalits(99.4 per cent of those from Punjab were dalits). Jalais, who hailed from Uttar Pradesh, constituted most of the non-dalits reported in the study.Table 1: State of Origin and Work in Kiln
Punjab has the distinction of having the highest percentage of Scheduled Castes (31.9 per cent) of its total population, according to Census 2011. At the same time, Punjab also has the distinction of having the lowest share of dalits owning agricultural land (2.34 per cent). An obvious mismatch. Three aspects of this situation stand out. Despite being thelargest community in the state, very few dalitsown land other than the homestead land. Second, very few among these are farmers. According to the 2004–05 NSSO data, 88.9 per cent dalits in Punjab did not own any land other than homesteads as a proportion of all households (Bakshi, 2008). Dalit settlements are in the outskirts of the villages and, in many instances, even the homestead land does not belong to them. Third, landlessness has made dalits bereft of political power in the state. Various studies and scholars have pointed out this situation in Punjab, wherein despite the absence of the ‘purity-pollution syndrome’ in Punjab, the practice of untouchability in the state is seen in the deliberate denial to dalits of land ownership and political power in the state (Jodhka, 2002; Puri, 2003; Ronki Ram, 2011).
| Bharai | Jalai | Nikasi | Pather |
Chhattisgarh | 0 | 0 | 0 | 1 |
Punjab | 31 | 0 | 36 | 96 |
Rajasthan | 0 | 0 | 5 | 1 |
Uttar Pradesh | 3 | 10 | 3 | 3 |
Importantly, land reforms have failed to mitigate the situation by providing land to the landless dalits in the state. Under the Punjab Land Reforms Act 1972, said to be one of the most liberal land-ceiling laws (Randhawa 2013), an owner may hold up to 32 acres, if it is barren and without irrigation facilities. It has also been pointed out that the entrenched capitalist mode of agriculture in Punjab has made land reforms redundant. The implementation of the Tenancy Act, providing security of tenure, has led to transfer of land from small owners to large owners, who are leasing land from the former to have big holdings for cultivation on capitalist lines (Gill, 1989).
Landlessness of the dalitsmeans they are available for work as labourers. However, they do not prefer agricultural work. Seventy-eight per cent of the current sample said that they took up non-agricultural work during the off-season. This finding was in line with the observation made by Jodhkain a recent study of two villages in nearby Haryana,“Even though they continue to be landless, dalits no longer like working as labourers in the farms....Working with farmers implied accepting their domination and power.” (Jodhka, 2012) A consequence of this distancing of dalits from agrarian economy and non-availability of remunerative non-agricultural employment was that they remained relatively without work during the off-season (for brick kilns). This was also the period when workers took advance payment from prospective brick kiln owners through their agents.
The third element that contributes to the vulnerability of brick kiln workers istheir chronic illiteracy. The illiteracy level was as high as 71 per cent in the sample. Education is necessarily numerical literacy, the absence of which has deprived the brick kiln workers have a grasp on their work, wages, loans and deductions. Education is also that which will give workers the capacity to understand exploitative processes and take corrective measures. High levels of illiteracy create impediments to having informed negotiations with employers and their agents in the labour market and at work.
Workers enter the brick-kiln labour market in this condition of vulnerability, which is exploited by the industry. Two factors guide the workers into an employer-employee relationship that is exploitative and akin to slavery. These are (i) the role of the contractor and (ii) the power of the monetary advance or loan, as a pre-requisite for gaining employment in brick kilns. Exercise of Powers of Ownership Role of the Contractor
The contractor can be seen as part of a triangular relationship: contractor-community, contractor-employer and contractor-worker. The relationship is continuous through the ‘work-cycle’ of the labourers before, during and after they work in the kiln. No worker engaged in direct manufacturing of bricks in a kiln is independent of a contractor. It means that ‘free labour’ does not have direct access to the kiln. Even if the worker is from the same locality, she/ he necessarily is attached to a contractor.
The contractor identifies the workers, links them to a kiln, gives them advance, ensures that they work to repay the loan, monitors the workers so that they do not run away and ensures that the employer does not lose the money that has been advanced.
Contractors are usually from the same caste as that of the workers, demonstrating certain rigidity in the brick-kiln labour market. For example, the contractors for patherisare dalits whereas the contractors for jalaisare other backward castes (OBCs). The rigidity is also manifested in occupational ‘closeness’ rather than specialisation in labour supply; the patheri contractor supplies only patherilabour and the nikasi contractor supplies only nikasilabour. Caste-determined occupational trades, reinforced by caste-determined labour sourcing and supply, keep brick-kiln labour markets closed and rigid. The Status of Being Bonded Advance as a General Condition of Bondage
Considering the source of income and assets of the workers, the advance they receive is quite high. In the study, 61 per cent took more than Rs30,000 as advance; 35 per cent took more than Rs50,000 and 17 per cent took more than Rs70,000.Arelevant question is whether workers can obtain work in a brick kiln without receiving an advance. Only6.5 per cent workers in the sample did not take an advance, which points to the possibility of obtaining work in the kiln without taking an advance.
Workers took advances mainly to meet daily expenses (51 per cent). Advances were taken during the lean season when work was not available and used for daily expenses. Moreover, the weekly payment they received when they were at work was not sufficient to meet their daily expenses.Significantly, 17 per cent considered taking an advance as mandatory to secure work in the brick kiln. Other major reasons for taking an advance have been health (9 per cent) and marriage (6.7 per cent) expenses. About 5 per cent of the workers (nikasi and bharai) took the advance to purchase tractors for carrying bricks.
The weekly payment (for daily expenditure) by the employer is added to the advance account and adjusted against wages at the end of the season. No one reported any other way of settling the debt. Of those who had taken an advance, 72 per cent were in the same kiln for more than one year, 8 per cent for more than 15 years and 29 per cent for more than five years. Workers explained the situation this way, “If we earn more wages, we can take some money home. In case the expenditure money and the advance is more than our wages, we then either have to work in the same kiln next year or we are asked to stay back in kiln during the off-season period. We are made to do some work in the kiln and forced to work in the next season too.”Of the 6.5 per cent,who had not taken an advance,it remains to be seen how long they can remain debt-free.
There is no transparent and verifiable process of wage determination and wage settlement against advances. Whereas the contractors claim that they do not take a commission from workers, the testimonials of workers are to the contrary. One nikasi worker from RK Brick Kiln said, “On an average, 10 nikasi workers take out around 35,000–40,000 bricks per day. At present,nikasi workers get Rs 195 for 1,000 bricks. The contractor’s share is 10 per cent of the payment to each nikasi worker he has recruited.” At any rate, there is no transparent system in which the advance is adjusted against the wage. If the employer decides that the wages the worker earned during a season are not equivalent to the advance he took, workers are compelled to stay back during the lean season or to work against the old advance in the succeeding season, by which time the worker would have taken another advance, perpetuating bondage. Exploitation and Forced Labour Conditions Freedom of Mobility Problem of the Determination of Wages
The method of wage determination in brick kilns is such that the wages are never commensurate with the value of labour input by the workers. Moreover, it is extremely exclusionary and discriminatory. Brick kilns are in the schedule of the Minimum Wages Act 1948 and the government of Punjab publishes the minimum wages of brick-kiln workers. The declared minimum wages are for per thousand units, giving tremendous scope for employers to manipulate the compensation package. Figures that the workers are quoting as the wages they receive are not tallying with the piece-rate wages declared by the government, indicating restricted flow of information on wages to the workers and scope for adjustments by the contractors and the management.
If we take the upper limit of the wage range reported by the patheris (800 bricks per day), 26 days of continuous work will yield 24,000 bricks, which must give them Rs20,800 a month. Assuming the average size of a patheri family to be five, this monthly earning works out to a per capita per day income of Rs69.00 (US$1.1), barely sufficient for subsistence living and much below the international standards of poverty. Poor and Dehumanising Working Conditions
Even for the most basic rights, such as access to drinking water, 22 per cent reported in the negative, and 58 per cent said that they do not have toilets at their workplace. Eighty-four per cent said that there was no separate toilet for women workers. In the brick kilns, there is no major distinction between the working and the living places. The absence of toilets, specifically for women, therefore, means that women—young, pregnant and old—compromise on their basic physical needs of sanitation. This compromise they make day and night, so long as they are in the brick kiln. Women are forced to defecate and take bath in the open. The contribution of the denial of basic amenities and systematic de-humanisation and humiliation of workers, on their status and condition of servility,cannot be overlooked.
Conclusion
A similar pattern is seen with respect to other legal entitlements and welfare benefits provided to all citizens. Seventy-nine per cent said that the ration card does not help them to access food, 98 per cent said that the Rashtriya Swasthya Bima Yojana had not helped them in securing health benefits, 80 per cent do not have a caste certificate or an MNREGA card, 78 per cent are without a personal bank account. Surprisingly, 25 per cent said that they did not hold a Voter ID Card and, among them, 94 per cent are above 18 years of age.
The brick kilns in India call for radical restructuring of the way the industry is organised, the technology employed and the labour market functions. Slavery in brick kilns cannot be the edifice on which the super structure of liberal and democratic India is built. References
This article is based on a study conducted as part of an ongoing intervention in the brick kilns of Punjab to end bonded labour. Volunteers for Social Justice (VSJ), Punjab and Centre for Education and Communication (CEC) are partners.
The field research, interviews and case studies for this article were done by Bhupali Vitthal Magare (CEC).
Please see the References and Reading List for this article at the end of the journal.
1. All India Brick & Tile Manufacturers Federation. About Brick-Making and Brick Kilns. Retrieved August 08, 2009 from http://www.brick-india.com/content/view/15/1/
2. Augendra Bhukuth. (2006). The brokerage system in the brick kiln industry in Tamil Nadu, India. Forum for Social Economics, 35:2, 55-74. Retrieved from http://dx.doi.org/10.1007/BF02746431
3. Centre for Education and Communication. (2008). Labour Vulnerability and Debt Bondage in Contemporary India. New Delhi: TIFT.
4. Ecobrick. Brick Making in India. Retrieved from http://www.ecobrick.in/brickmakinginindia.aspx
5. Gulnara Shahinian. (2013). Report of the Special Rapporteur on contemporary forms of slavery, including its causes and consequences, Gulnara Shahinian A/HRC/24/43 (HUMAN RIGHTS COUNCIL, Twenty-fourth session, Agenda item 3). United Nations General Assembly.
6. Gulnara Shahinian. (2009). Report of the Special Rapporteur on contemporary forms of slavery, including its causes and consequences, Gulnara Shahinian A/HRC/12/21 (HUMAN RIGHTS COUNCIL, Twelfth session, Agenda item 3). United Nations General Assembly.
7. International Labour Office. (2001). Stopping Forced Labour (Global Report under the Follow-Up to the International Labour Organisation Declaration on Fundamental Principles and Rights at Work). Geneva: International Labour Organisation.
8. International Labour Office. (2007). Eradication of Forced Labour (Report III (Part IB) General Survey concerning the Forced Labour Convention, 1930 (No.29), and the Abolition of Forced Labour Convention, 1957 (No.105). Third item on the agenda: Information and reports on the application of Conventions and Recommendations. Report of the Committee of Experts on the Application of Conventions and Recommendations (articles 19, 22 and 35 of the Constitution) International Labour Conference 96th Session, 2007). Geneva: International Labour Office.
9. International Labour Office (2008). Application of International Labour Standards 2008 (I): Report of the Committee of Experts on the Application of Conventions and Recommendations. Proceedings from International Labour Conference 97th Session, 2008, Geneva.
10. International Labour Office. (2009). The Cost of Coercion: Global Report under the follow-up to the Declaration on Fundamental Principles and Rights at Work (Report of the Director General, International Labour Conference 98th Session 2009 Report (I) B). Geneva: International Labour Office.
11. International Labour Office (2010). Application of International Labour Standards 2010 (I): Report of the Committee of Experts on the Application of Conventions and Recommendations. Proceedings from International Labour Conference 99th Session, 2010, Geneva.
12. Jean Allain (2007). “The Definition of ‘Slavery’in General International Law and the Crime of Enslavement within the Rome Statute”. Proceedings from Guest Lecture Series of the Office of the Prosecutor, The Hague.
13. John J. (2006). Understanding the Conceptual and Administrative Boundaries of Bonded Labour System Abolition Act, 1976. The Journal of Indian School of Political Economy, Vol. 18 No.4, 669-684.
14. Bales, K. (2004). Testing a Theory of Modern Slavery. Proceedings from The Gilder Lehrman Center for the Study of Slavery, Resistance: Slavery in the 20th Century, Yale.
15. Kevin Bales, Peter T. Robbins. (2001). “No One Shall Be Held in Slavery or Servitude”: A Critical Analysis of International Slavery Agreements and Concepts of Slavery. Human Rights Review, 2(2), 18-45. Retrieved from http://oro.open.ac.uk/5033/1/bales_and_robbins.pdf
16. Manpreet Randhawa (2013). Punjab considers liberalising land ceiling. Hindustan Times.
17. Ministry of Labour and Employment. Bonded Labour System (Abolition) Act 1976. Retrieved December 17, 2010 from http://labour.nic.in/dglw/Bonded_labr.html
18. Pallab Kanti Ghoshal. (2008). Prospects and Problems of Brick Industry. New Delhi: Mittal Publications.
19. Ronki Ram. (2007). Burden of Past and Vision of Equality: Political Sociology of Social Exclusion and Jat-Dalit Conflicts in Punjab. Ambedkar Times. Retrieved from http://www.ambedkartimes.com/page6.html
20. Sidharth Kara (2012). Modern slavery. The Economist. Retrieved from http://www.economist.com/blogs/feastandfamine/2012/12/qa-siddharth-kara
21. Special Action Programme to Combat Forced Labour. (2009). Forced Labour and Human Trafficking Casebook of Court Decisions: A Training Manual for Judges, Prosecutors and Legal Practitioners. Geneva: International Labour Office. Retrieved from http://www.ilo.org/wcmsp5/groups/public/---ed_norm/---declaration/documents/publication/wcms_106143.pdf
22. Sucha Singh Gill. (1989). Changing Land Relations in Punjab and Implications for Land Reforms. Economic and Political Weekly, Vol. 24, No. 25, A79-A85. Retrieved from http://www.jstor.org/stable/4394993
23. Surinder S. Jodhka. (2012). Agrarian Changes in the Times of (Neo-liberal) ‘Crises’- Revisiting Attached Labour in Haryana. Economic & Political Weekly Supplement, vol xlviI nos 26 & 27, 5-13.
24. Surinder S. Jodhka. (1996). Interpreting Attached Labour in Contemporary Haryana. Economic & Political Weekly, Vol. XXXI No.21, 1286-1287.
25. Suzanne Miers. (2000). Contemporary Forms of Slavery. Canadian Journal of African Studies / Revue Canadienne des Études Africaines, Vol.34, No. 3, Special Issue: On Slavery and Islam in African History: A Tribute to Martin Klein, 714-747. Retrieved from http://www.jstor.org/stable/486218
26. United Nations Office of the High Commissioner for Human Rights. (1991). Fact Sheet No.14, Contemporary Forms of Slavery. Geneva: United Nations.
Labour File, Vol.9-No.1-2, January - April 2014, Brick Kiln Workers in India: Migrating into Bondage (Analysis –Brick Kilns and Slave Labour: Observations from Punjab- pp 15 - 26)