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Draft Report of Survey on Bonded Labor in District Ambala, Yamuna Nagar, Kurukshetra & Rewari

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Draft Report of Survey on Bonded Labor in District Ambala, Yamuna Nagar, Kurukshetra & Rewari To The Labor commissioner, Haryana Chandigarh. Subject: Draft Report of Survey on bonded labor in district Ambala, Yamuna Nagar, Kurukshetra & Rewari. Kindly refer to your office letter no. 31681 dated 4-7-12 with regard to above mentioned subject. The report has been re-examined in the light of the observations and suggestions made by you and the same has been re-edited. The following are the point vise changes/explanations: 1. The last Para on page No. 26 has been redrafted. The incoherence has been removed to the possible extent. 2. The phrase ‘in their home state’ has been added at suitable place in the said lines. 3. It was noted during the survey that there exist two views regarding the payment of the work of building water channels, leveling of floor for laying down the molded bricks: the one of the workers and another of the employers. The workers consider it to be an extra infra structural work done by them for the smooth running of the main job that of moulding of bricks from mud. On the other hand, the employer claim that their agreement is on getting the moulded bricks ready at piece rate, no matter what the laborer does for this i.e the job of leveling and that of laying down water channels is the part and parcel of the brick moulding work. These two views have frequently come up during the negotiations over the rate of brick molding. So it seems fit to incorporate both the views, nevertheless, our observation is that in the intrest of the welfare of the workmen, the job of channel laying and leveling must be considered as an infrastructural work required for the smooth running of the brick molding work and hence be paid or got done by the employer on his own. The relevant lines of page 28 and 56 have been so edited that the para does not be judgmental and rather place the debate on the issue along with our comment based on different observations. 4. The comments on the next lines on page 28 have been edited in the light of the suggestions. 5. The relevant documents on the settled or unsettled negotiations between the employers and the trade unions may be with the labor department itself. 6. The said comment has been deleted as suggested by you. 7. It is noted and supported by data that the actual wage rate is decided only at the end of the season. So the advance extended during the season keeps the workers in oblivion. Also the 1 debt in the form of advances strike a balance with the earned wages by nearly may. So only after May is it possible that the worker will get something in hand once he settles the final account. If he thinks of quitting before may, he will owe some debt to the employer. 8. The relevant data is not available. The observations here are given on the basis of inputs of the surveyors but were not substantiated statistically. 9. The said Para on page 34 has been amended in the light of your observation 10. The analysis part of para 2 on page 37 has been amended and a more practical conclusion has been drawn out of the fact that female workers work longer and males work for lesser time span of the year in the brick kiln industry. 11. It seems that the said lines on page 38 have been misunderstood because the word ‘cunning’ has not been used there for the Jamadars but for the ‘device’ of the management. The description of the jamadar is further contained in the same Para when we mention him as “not only the barefoot manager, but also himself a workman often”. So clearly the jamadar has not been mentioned as cunning device as mentioned in your observation. Moreover, to avoid such miscommunication further, the word ‘device’ has been replaced with the word ‘method’ to make the sense clear. Also, though the category of jamadar has been rightly abolished by a notification, still it has been seen during the survey that it exists by force of the custom on the ground, and his commission is deducted from the workers’ wages. 12. The relevant data is not available with us. It is with the labor department. 13. It has not been said in the report that the Factories Act, the Trade Union Act etc. are social security legislatives. Rather what has been observed during the survey is that the workers are exploited and devoid of provisions of law because they are not aware of the provisions of laws made for their economic and social welfare (Table 3.8-8a). So, the issue of some effective mechanism for making them aware of these legislations confronts the path of their welfare. The relevant lines have been amended in this light. As far as the time of work is concerned, the working hours have been noted in the report as supplied by the field surveyors. The same has been confirmed by comparing data from a large no. of brick kilns (Table 3.5-5a). 14. The comment on page 63 has been amended in the light of your suggestions. 15. Some case histories relevant to the type of indicator mentioned are being supplied. Kindly, accept the enclosed report along with the above said amendments. Date: Dr. Jagdish. C. Mehta Chandigarh President, Heal Society S.C.O. 35-36, 1st floor, sec. 17. Chandigarh. 2 Utilisation Certificate It is certified that the amount of Rs 8,00,000 (rupees eight lakh only) sanctioned to the HEAL Society, Chandigarh to conduct a “Survey on the Bonded Labour in four Districts of Haryana namely Ambala, Kurukshetra, Yamunanagar, and Rewari” by the Labour Department, Government of Haryana vide agreement dated 13th December 2011 has been utilized for the purpose for which it was sanctioned. The total expenditure of Rs. 8,00,000 has been incurred on the above project. Jagdish C. Mehta President For HEAL Society, Chandigarh Signature Auditor/ Chartered Accountant with Seal 3 4 Report of Survey on Bonded Labour in Haryana (Districts: Ambala, Yamunanagar, Kurukshetra, Rewari) Prepared by: Dr. Jagdish C. Mehta Principal Investigator Representing HEAL SOCIETY, Head Office: Near Govt. Sr. Secondary School, Rania (Sirsa) Regional Office: SCO 35-36, Ist Floor, cabin 3, Sector-17C Chandigarh-160017 E-mail- [email protected] 5 SURVEY TEAM Sh.Neelam Kumar, (Coordinator) Sh. Sohan Lal (Asst. Coordinator) Harsh Malhotra (Data Operator) Sh.mannu Gupta Sh. Jasvinder Singh Saini Sh.Parveen Gupta Sh. Navdeep Singh Sh.Vikash Chouhan Sh. Bram Chand Sh.Mohit Rastogi Sh. Satish Kumar Sh.Jaipal Chouhan Sh. Anil Kumar Sh. Sandip Kumar Sh. Sandip Sharma Sh. Rahul Kumar Sh.Gurdas Singh Sh.Kuldeep Singh Sh.Harbans Singh Sh.Darshan Lal Sh.Narender Kumar 6 ACKNOWLEDGMENTS First of all we are thankful to the Department of Labour, Government of Haryana for recognizing the importance to conduct the survey on Bonded Labour in the State of Haryana and provided the funds to do the same. We are thankful to the Officers of the Labour Department for their interest in the survey and also unstinting support and cooperation extended to us at all level. Haryana was one of the few states to take initiative to conduct exhaustive survey on such a sensitive issue. The district magistrates and the officers of the labour department extended full cooperation in obtaining information at the district level and ensured that the survey team does face any obstruction in their work. We express most heartfelt gratitude to Prof. Manjit Singh, coordinator ,Ambedkar Centre, Department of Sociology, Panjab University, Chandigarh for his continuous support in providing expert advice from beginning to the completion of the present study. Our sincere thanks and gratitude is also due to Mr. Kanwaljit Singh for providing expert comments and inputs for finalizing the report. Studying bonded labour is not an ordinary type of survey, it was very difficult task for us. We needed teams of highly trained field workers/ investigators. All the research investigators worked hard in the field under the leadership of Mr. Neelam Kumar. We thank all of them for all the pains they took in field and worked sincerely to complete the project. We are thankful to the labourers, trade union leaders and even the owners of the industrial units for extending their cooperation to collect the information. We are highly obliged to Mr. Dinesh Kumar, Mrs. Sucheta and Miss Gunjan who helped us in our fieldwork and statistical analysis and application on computer respectively. 7 CONTENTS Chapter Acknowledgments 3 Survey Team 4 List of Tables 5-6 I. Introduction 7-26 II. Workers from the Brick Kiln Industry 27-40 II. Wages, Working Conditions and Indebtedness 41-66 of Brick Kiln Workers IV. Socio-economic Profile of the Labourers and 67-76 Their Working conditions V. Nature of Indebtedness and Bondage 77-84 Summary and Conclusion 85-95 Appendices (I) 96 Appendices(11) 97-114 8 List of Tables Table Title No. 2.1 Industries wise total no of Respondents surveyed by District 2.2 District wise total no of brick kilns and the number surveyed out of them 2.3 District wise total no of poultry farms and the number surveyed out of them 2.4 District wise total no of rice mills and the number surveyed out of them 2.5 Details of the source of drinking water at the brick kilns in different districts 2.5a Details of the source of drinking water at the brick kilns in different districts (Row %) 2.6 Place of origin of workers engaged in different occupations at the brick kiln 2.6a Place of origin of workers engaged in different occupations at the brick kiln (row %) 2.7 Caste &category of the respondents in bricks kiln 2.8 Level of education of the respondents in the bricks kiln industry 2.9 Age, gender, and occupation of the family members of the brick kiln workers 2.9a Percentage of age, gender, and occupation
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