Tuesday, September 9, 2014

A ray of justice in case of bonded labour in Maharastra

Case Details of File Number: 54/13/30/2012-BL
Diary Number 1434
Name of the Complainant DR. LENIN, SECRETARY GENERAL
Address MANAVADHIKAR JAN NIGRANI SAMITI, S.A. 4/2A, DAULATPUR, VARANASI , UTTAR PRADESH
Name of the Victim JHUPARYA MUKNE RAMDAS BALVI
Address BALUA VILLAGE, NEAR BHAIDAR, THANE , MAHARASHTRA
Place of Incident THANE (SHAHPUR TALUKA) THANE , MAHARASHTRA
Date of Incident 11/22/2011
Direction issued by the Commission These proceedings shall be read in continuation of the earlier proceedings. The Commission received an email complaint dated 03.01.2012 from Dr. Lenin, that poor Adivasi villagers were being exploited as bonded labourers in Thane District of Maharashtra but the Government has not taken any action. Referring to a news paper clipping, the complainant has further alleged that two labourers Jhuparya Makne and Ramdas Valvi named in the complaint were killed by the brick kiln owners during November / December 2011 when they tried to escape from bondage. Intervention is sought for independent enquiry, legal action against the accused and compensation for the families of the two deceased and rehabilitation of the poor labourers. Vide proceedings dated 20.02.2014, the Commission considered the report from SP, State CID, Kokan Bhawan, Mumbai which mentions that regarding the death of adivasi labourer Zipru Mukne, High Court, Bombay took suo-motu cognizance vide PIL No. 51/11 and directed the investigation of the case by State CID, in which after investigation of the criminal case No. 1217/11 u/s 302/374/341/342/34 IPC r/w section r/w section 3(1)(X), VI, POA Act, 1989 r/w section 16/17/18 of the Bonded Labour Abolition Act, 1976 charge sheet had been filed. The NoK of the deceased had been given monetary relief of Rs. 75,000/- vide cheque No. 032023 dated 07.12.2011. A reminder was issued to the Secretary, Labour Department Maharashtra calling for the requisite report. In response, the Commission has received a report dated 04.04.2014 from the Joint Secretary, Industry Energy and Labour Department, Government of Maharashtra which mentions the facts already considered by the Commission vide proceedings dated 20.02.2014 and which reiterates that the NoK of the deceased had been given monetary relief of Rs.75,000/- vide cheque No.032023 dated 07.12.2011. The Commission has considered the material placed on record. Regarding the complainant's allegations, the report from the State authorities reveal that the High Court, Bombay took suo-motu cognizance vide PIL No.51/11. Investigation had been conducted by State CID in criminal case No. 1217/11 u/s 302/374/341/342/34 IPC r/w section r/w section 3(1)(X), VI, POA Act, 1989 r/w section 16/17/18 of the Bonded Labour Abolition Act, 1976 and charge sheet had been filed. NoK of the deceased labourers had been given the monetary relief. In view of the aforesaid circumstances, no further intervention by the Commission is required.
The case is closed. LINK CASE-55/13/30/2012-BL,2196/13/30/2012-BL Action Taken Concluded and No Further Action Required (Dated 8/5/2014 )
Status on 9/9/2014 The Case is Closed.

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