Zubair Qureshi
The Islamabad High Court (IHC) in a landmark order on Saturday formed a commission against bonded labour at brick kilns in the capital city and directed the commission headed by Deputy Commissioner Islamabad Hamza Shafqaat to submit a review report on brick kilns to the court within one month.
The IHC bench comprising Chief Justice Athar Minallah was hearing a petition filed by a woman petitioner against brick kiln owners for recovery of her children.
Deputy Commissioner Islamabad Hamza Shafqat appeared in the court and submitted the ICT police and district administration had recovered all the children from the illegal custody of the owner.
He presented the children before the court. On a question of the court, the DC affirmed that all children have been recovered.
“Brick kiln owner has also been arrested,” the DC informed the bench.
“We are gathering details of brick kilns in Islamabad to audit them,” the official said.
The bench remarked that bonded labour has been outlawed in Pakistan and most other countries in line with the UN conventions on human rights.
The CJ IHC in his order noted “The grievance raised in the petition has established prevalence of detestable practice of bonded labour in the business of brick kiln.”
The court further noted it appeared to be tip of an iceberg. The victims are the poorest and most marginalized segment of society who cannot even afford to have access to court of law, the judge noted adding, “It is thus constitutional duty of the state and its functionaries to reach out to every labourer so as to ensure that no one is illegally forced to work in the brick kilns.”
It is an obligation of the State to ensure that shackles of slavery in any form or manifestation of bonded labour are eliminated.
The proprietors of such a heinous criminal market practice are also to be dealt in accordance with law so that they are made an example.
The court also announced to constitute a commission that will consist of the members including DC Islamabad Hamza Shafqaat (Convener), General Secretary Pakistan Bhatta Mazdoor Union Muhammad Shabir (Member), Advocate General IHC’s representative Daniyal Hassan (Member), Advocate High Court Adnan Haider Rana (Member), Umar Ijaz Gillani Advocate (Member), a representative of Human Rights Commission of Pakistan (HRCP) as Member and President of the Islamabad Press Club Shakeel Anjum (Member).
The commission will conduct a survey and collect data of all the brick kilns of Islamabad, directed IHC CJ.
It will also ensure that public functionaries take appropriate action to free the labourers who are found to be victims of bonded labour in any form or manifestation.
The court also directed the recovered children must be enrolled at an educational institution where they could get education under Article 25-A of the Constitution that guarantees right to education for every child.
