Declare rescued child labourers as bonded labourers, issue release certificates: NHRC to Ludhiana DC

The NHRC in its order said, “…Deputy Commissioner, Ludhiana, Punjab is directed to take lawful action to declare the labourers as bonded labourers and to issue their release certificate for rehabilitation. He is also directed to ensure strict compliance with the ‘Rehabilitation of Bonded Labourer Scheme-2016’ and/or the ‘Central Sector Scheme for Rehabilitation of Bonded Labourer-2021’….”

“We have rescued hundreds of children from Ludhiana in recent years who work as child labourers in industries but their rehabilitation would meet a dead end because they were never given any compensation by the government. After being rescued, they would again return to work after some days because most of them come from very poor families. Now with this order, the administration has to compensate them (Rs 2 lakh per child) and take care of their education,” Kumar said.

“It is the first such instance that the administration has been ordered to treat child labourers as bonded laborers which makes them eligible for compensation and other benefits under the Central scheme. Even as we have rescued hundreds of children from factories of Ludhiana, their rehabilitation was never taken care of by the administration and they would just return to work after a few days, defeating the whole purpose of rescue operations,” Kumar added.

Calling it a big victory for child labour victims, their families and activists working for their rescue and rehabilitation, advocate Yogesh Prasad, head of the Law Power Association which had moved NHRC seeking bonded labourer status for the children rescued from a Ludhiana factory, said it was submitted to the commission that 10 children who were working as bonded labourers were rescued from Krishna Knit Fab, Farid Nagar, Basti Jodhewal, Ludhiana, on August 5, 2021.

“They worked in inhuman conditions and without wages. The employers violated many laws. We had requested for the issuing of release certificates to the rescued child labourers, their rehabilitation, recovery of back wages/due wages from the employer and registration of FIR in the matter,” the advocate said.

The Ludhiana Deputy Commissioner in its report submitted on May 16 this year stated that the employer was found violating several laws and failed to produce relevant records pertaining to employment of children as workers.

The report submitted by the office of DC Ludhiana said that “the owner of the factory has not taken the licence from the competent authority and the challan under Section 6 of Factories Act has been issued. The employer could not produce relevant records and therefore challan has been issued under the provisions of Minimum Wages Act and Payment of Wages Act. The labourers were directly employed by the employer and no question of contract labour registration arose. Two children belonging to Nepal were found and have been handed over to their brothers. The employer has not applied for a registration certificate under Interstate Migrant Workmen Act and no such certificate was issued by the department. Action under Section 67 of the Factories Act has been initiated and a letter dated 11/05/2022 was sent to Commissioner of Police, Ludhiana, for registration of FIR under relevant Acts. The children were residing with their relatives/brothers and the same was confirmed by the children during their counselling by District Child Protection Officer. The custody of the children was granted to their parents/relatives after getting their consent keeping in view protection and good care of children. No release certificate has been issued as the children have not been declared as bonded labourers”.

The commission in its order asserted that since the employer failed to produce or maintain any records regarding the employment of children, it should be presumed that they were bonded labourers and release certificates be issued by the administration.

“When no statutory record was maintained and produced before the enquiry team by the alleged employer, there shall be presumption that labourers engaged are bonded labourers, as per the decisions of the Supreme Court of India,” said the NHRC order, citing four such judgments by the apex court.

“…Their release certificates shall be issued for rehabilitation. Deputy Commissioner, Ludhiana, Punjab, is directed to take lawful action to declare the labourers as bonded labourers and to issue their release certificate for rehabilitation. He is also directed to ensure strict compliance with the ‘Rehabilitation of Bonded Labourer Scheme-2016’ and/or the ‘Central Sector Scheme for Rehabilitation of Bonded Labourer-2021’, as may be applicable, issued by the Ministry of Labour & Employment, Government of India, in this regard. Action Taken Report be furnished to the Commission within four weeks,” the NHRC order concluded.

The Central Sector Scheme for Rehabilitation of Bonded Laborer, 2021, under the Ministry of Labor and Employment, states that ‘for special category beneficiaries such as children and women, the rehabilitation assistance shall be Rs 2 lakh out of which Rs 1.25 lakh shall be deposited in an annuity scheme in the name of each beneficiary and the balance amount shall be transferred through Direct Benefit Transfer (DBT).”