An agreement of torture:Pathuria system (NGO PARDA)

Anurupa Bose on January 29th, 2014

The bonded labour system (Abolition) Act 1976 lays down certain provisions to ensure the safety of bonded labourers. In principle, the Act abolishes the system of bondage that occurs rampantly. Labour contractors still hire labourers for an advance payment, forcing them to work for indefinite periods, making them believe that they’re still in debt.

According to the Bonded Labor (abolition) act 1976 it has been said that the It is important to ensure that certificates in respect of individual bonded laborers identified as such are issued promptly in the language which is intelligible to the bonded labourers. Prosecution of employers must go simultaneously but separately with identification and release of bonded labourers. Delay in conviction of the bonded labour keeper or even his eventual acquittal should not inhibit or stall the rehabilitation process. The Ministry of Labour, Government of India has initiated a Centrally Sponsored Scheme under which Rs. 20,000 is provided for the rehabilitation of each bonded labourer, to be equally contributed by the Centre and the State Governments.

Western Odisha has a long history of migration, thanks to its depressed and destitute economic and social conditions. One such district is Nuapada, which is witness to numerous horrific cases of harassment and manhandling of migrant labourers. it has the pathuria system ,wherein a family of three- parents + one child (6to10 years) – makes a unit under.

In this system, the accompanying child serves as a cheap labor unit for the brick kiln owner. Moreover the child turns out to be a security for his parents lest they should flee before paying back their advance amount by working for the employer. Huge distress migration occurs every year from the KBK districts of Orissa to brick kilns of Hyderabad. This is due to insufficient economic activities to sustain families after the summer crop. The numbers are estimated to be around 40,000 people in Nuapada block. The migration period is for 8-9 months – it starts post Dusshera and ends with monsoons in next year. Due to government raids interception of a number of migrating groups and nabbing of the dalals (agents); the advance amount was multiplied almost three times- (Rs 25000-30000), and stealthy migration recurred in large numbers. The poor daily wages laborers are compelled to adopt distress migration in and outside the state. Their favorite but notorious destinations are brick kilns and the construction sector in Cuttack, Puri, Bhubaneswar, Jagatsinghpur inside Orissa ; Hyderabad in Andhra Pradesh, Surat in Gujrat and many places in Uttar Pradesh.

One such case in point which has came about recently from one such village of Nuapada district reflects the associated torture and harassment that comes along with the migration phenomena. A family of migrant workers, were subjected to attacks and were manhandled by the labour contractor. Their only crime was their inability to report for their destination work site as per the verbal agreement with the contractor when the advance was taken. The elderly couple, who were assigned work at a brick kiln in Hyderabad, are now recovering from the severe injuries in a local hospital. The irony of the situation is the not the torture, but rather the monetary amount which inflicts such pain on many such migrant families.the labour contractors through such informal agreement (nukhai) traps the migrant workers by making them believe that they are perennially in debt and subsequently making them work as bonded labour. Having taken an advance of 3000 Rs, the couple are, according to the tradition (the agreement) are bound to report to work at the brick kiln, for long hours, in inhuman conditions, and pay of the advance of which the contractor keeps the records.

The concerned NGO (PARDA) has been working to make the migration process relatively easier and smooth through various intitatives such as financial literacy campaigns, ensuring that each migrant should be registered and they should have ID card and booklets, they also organized certain health camps for the migrant families.In this case PARDA has claimed that the physical torture inflicted on the couple should be treated as violation of the act and total cost of treatment including compensation should be borne by the District Administration. Moreover it has been claimed that, the victim should be issued bonded laborer certificate and be rehabilitated.

The incident could only receive legal redressal because the migrants were registered with the organization. Lack of education, lack of livelihood options and lack of dignity often is used to their disadvantage, making them a victim of their own misery.