Bonded Labour in Pakistan

Sociology of Development

Ali Raza Shah

1733110

PhD Sociology

Dr. Riaz Ahmed Shaikh

SZABIST Karachi Campus

 EXECUTIVE SUMMARY
Bonded labour is prevalent in almost all major sectors of economy like agriculture sector,
mining sector, brick kilns et cetera. It is an employee – employer relationship characterized with
advance payment (peshgi), return of dent in terms of labour and use of force to make labourers
work in impoverished and pathetic working environment. This social menace continues unabated
despite the fact that courts have declared it illegal and government has specific law to curb this
menace. This is mainly the attitude of criminal justice system towards poor labourers which is
evident from the fact that the best form of justice they get is that they are set at liberty.
Perpetrators are mostly not punished. Therefore, there is a dire need to take concrete steps to
curb this social evil of bonded labour like punishing the culprits and establishing the vigilant
committees at district level.
 Table of Content
EXECUTIVE SUMMARY.............................................................................................................2

1. INTRODUCTION....................................................................................................................4

1.1 Problem and Purpose Statement............................................................................................4

1.2 Research Questions................................................................................................................4

1.3 Research Objectives...............................................................................................................4

1.4 Scope of the Study.................................................................................................................5

1.5 Limitations of the Study.........................................................................................................5

2. METHODOLOGY...................................................................................................................5

3. DISCUSSION..........................................................................................................................5

3.1 Bonded Labour System (Abolition) Act 1992:......................................................................6

3.2 Legal Definition of Bonded Labour:......................................................................................6

3.3 Setting at Liberty....................................................................................................................6

3.4 Instances of Bonded Labour:.................................................................................................8

3.4.1 Bonded Labour in Agricultural Sector:...........................................................................8

3.4.2 Bonded Labour in Brick Kilns:.......................................................................................8

3.4.3 Bonded Labour in Mining Sector:...................................................................................9

3.4.4 Bonded Labour in Fishing:..............................................................................................9

3.4.5 Other Instances:...............................................................................................................9

4. CONCLUSION AND RECOMMENDATIONS.....................................................................9

4.2 Policy Recommendations.....................................................................................................10

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.

1.1 Problem and Purpose Statement

The issue of the bonded labour has been pushed behind and there is a general social
disregard and lack of concern for the labourers who are languishing in pathetic and hazardous
working environments. They can indeed be termed as slaves in terms of modern definition of
slavery as landlords or owners attach right of ownership to these poor workers. Therefore, for
sake of general public awareness, there is dire need to define the bonded labour in legal terms,
cite different legal cases of bonded labour and identify various sectors of the economy where it is
still prevent in the country.
1.2 Research Questions
a. What are the laws about the bonded labour in the country? What is the legal definition of
the bonded labour?
b. Does criminal justice system treats them well?
c. What are some of the sectors where bonded labour is prevalent?
d. What steps are needed to get rid of social menace of bonded labour?
1.3 Research Objectives
a. To describe laws regarding the bonded labour.
b. To analyze the treatment of bonded labourers by criminal justice system by identifying
the important legal precedents.
 c. To identify the sectors of the economy where bonded labour is still present.
d. To suggest remedies to get rid of this social menace.

1.4 Scope of the Study

The scope of the study is limted to describing specific laws about the bonded labour,
analyzing the treatment of bonded labourers by the crimininal justice and identifying its
prevalence in various sectors of the economy of Pakistan.

1.5 Limitations of the Study

The study is restricted due to limited time. Had there been more time, primary data
analysis along with secondary data analysis would have been included.

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.

3.1 Bonded Labour System (Abolition) Act 1992:

The act was enacted to prevent the occurrence of such heinous crimes of bonded labour
and to punish those culprits who operate this criminal network of modern form of slavery. One
of the biggest achievement of this act was that it declared all peshgi amounts illegal and freed the
labourers from the payment of such amount received as advance payment from owners or
landlords as the case may be. Besides this, another big contribution the Act was that it provided,
for the first time, a comprehensive legal definition of the bonded labour. It also provided for the
punishment through fine and imprisonment of the operators of the system of bonded labour in
the country. In addition to this, the act directs for the drafting of the rules of implementation and
creation of vigilance committees. Though the Act seems to be big step towards the realization of
bonded – labour - free Pakistan, lower courts have almost totally failed to give justice to the
victims of this social menace of bonded labour.

3.2 Legal Definition of Bonded Labour:

According to the Section 2 of the Bonded Labour System (Abolition) Act 1992 the
bonded labour system is defined as a system of forced or partly forced labour under which a
debtor enters or has or is presumed to have entered into an agreement with the creditor to that
effect. Moreover, the act presumes the existence of some sort of Peshgi or advance system and
that labourers provide the labour for the benefit of the creditor. In addition to this, the act
provides that it violates peoples’ – bonded labour – right to freedom of employment or right to
sell their property.
 3.3 Setting at Liberty
The Bonded Laboour System (Abolition) Act 1992 was enacted after the famous Darshan Masih
vs. The State case. However, its implementation is still a far cry. Most of times criminal justice
system offcials like police officers are complicit in promoting and protecting the interests of
powerful landlords or owners who often times enjoy powerful political positions.

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.

Farook Masih v. Qamar Crl Mis. No 1028 –H – 06

Brick Kiln Thikriwala Faisalabad

Date of Hearing 07 – 09 – 2006

Justice Syed Sakhi Hussain Bukhari

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.

Muhammad Akram v. S.H.O etc Crl. Misc. No.1195 – H – 06

Brick Kiln Tehsil Gujrat

Date of Hearing 17 – 10 – 2006

Justice Muhammad Akhtar Shabir

Court Decision: The respondents were recovered from the dera of owner However, they could
not be declared as bonded labour as petitioners were sitting freely on cots. However, as they did
not want to work with the respondents. They were at liberty.

Sajjad Masih v. SHO and others Crl. Misc. No.489 – H – 2008

Brick Kiln, Pattoki Tehsil Pattoki, Kasur.

Date of Hearing : 05 – 05 – 2008

Justice Muhammad Ahsan Bhoon

Court Decision: They were set at liberty.

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.

3.4 Instances of Bonded Labour:

3.4.1 Bonded Labour in Agricultural Sector:
Bonded labour is present in agriculture sector. Powerful landlords give the poor farmers a
hefty amount in advance which they need to pay back through their labour. Technically, they are
free to pay the amounts back and freely move to other places for work(Hussain,2004). However,
as the wages for the labour are nominal, mostly the labourers are unable to pay the debt back and
are forced to work for the land owner even against their will In extreme cases, the landlords limit
their movements and appoint guards to ensure that they do not flee from the agricultural lands.
Normally, these landlords act with impunity owing to their powerful political positions. Districts
of Sindh like Mirpur Khas and Umar Kot are well – known for this social menace(Hussain,2004)
where landlords run private jails to keep the bonded labour in. Mannu Bheel case is a famous
case of bonded labour in agriculture.
3.4.2 Bonded Labour in Brick Kilns:
Another area where bonded labour is rampant is brick kilns. Here the process is the same.
A supervisor arranges the labour for the brick kilns who might be migrants from as far as
Afghanistan (Ercelawn & Nauman, 2004). They further maintain that the owner gives them the
advance payment – peshgi – which they need to pay back through their labour rendered to the
creditor. As their wages are very meagre, they are unable to pay the debt back and are,
resultantly, forced to work even against their will. These kilns present a gloomy picture where
labourers work in hazardous work environment. Moreover, child labour is also rampant at these
brick kilns. Central Punjab districts like Gujranwala, Gujrat, Sargotha et cetera are most affected
by this social menace and modern form of slavery. Most of cases which have been decided by
the courts are about the bonded labour at brick kilns.

3.4.3 Bonded Labour in Mining Sector:

The situation of bonded labour in mining is almost similar. A mediator arranges the
labour for mine owners who are mostly migrants. The mine owner gives them peshgi which they
are unable to pay back due to low wages and, resultantly, fall prey to the bonder labour system
(Salim, 2001). Mostly, the labourers work in difficult and dangerous conditions with no freedom
of employment and movement. It is prevalent in KPK and Balochistan.

3.4.4 Bonded Labour in Fishing:

Bonded labour is present in fishing secotor too. Take for instace the loorays of D.G.
Khan, Punjab. These people migrated from the Sindh particularly form the district of Larkana
due to lawlessness(Qureshi, 2016). When they migratered they were poor and had no money.
Therefore, they relied on the landlords who controlled the lands and fishing areas. These
landlords provided them the money to buy equipment to do fishing. These advance payments
then became the exploitive tools of the landlords to control them and force them in the bonded
labour.

3.4.5 Other Instances:

Besies these instances, bonded labour is prevalent in other areas too like domestic labour
(Ghanzdar and Khan,2016) et cetera.
 4. CONCLUSION AND RECOMMENDATIONS
The above discussion shows that bonded labour is very much present and prevalent in our
society and has affected all major sectors of economy ranging from agriculture to mining to brick
kilns. One of the biggest reasons this social menace continues unabated is the fact criminal
justice system is weak enough to be exploited by the powerful landlords or owners. ‘Being free’
is the best form of justice these poor labourers get; perpetrators are not punshined resulting in
less deterrent impact of laws enacted to curb bonded labour. Therefore, there is a dire need to
increase awareness and take concrete steps to get rid of this social evil once and for all.

4.2 Policy Recommendations

Following are the important recommendations to curb this menace of modern form of slavery.

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

Hussein, M. H. (2004). Bonded labour in agriculture: a rapid assessment in Sindh and

Balochistan, Pakistan (No. 993675363402676). International Labour Organization.

Darshan Masih and Others v. The State( PLD 1990 SC 513).

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.

The Bonded Labour System (Abolition) Act 1992 s. 2 (Pak).