16 March,2022 10:21 AM IST | Mumbai | Diwakar Sharma
Chandrakant and Rajaram Patil, the accused private contractors
In the case about bonded labourers in Palghar, the Thane collector is likely to face coercive process under Section 13 of Protection of Human Rights Act (PHRA), 1933 for failing to respond to the notice and a final reminder issued by the National Human Rights Commission (NHRC) within stipulated time. The NHRC has taken up the sensitive issue of tribals trapped as bonded labourers which mid-day highlighted last year in August. The collector of Thane, however, says he has replied to the notice.
"We were moved after reading mid-day's report on the feudal lords of Bhiwandi where 18 tribal families comprising 43 members were subjected to inhuman treatment including public flogging, starvation and enslavement for years in Pilanje Budruk Chinchpada village of Thane district. So, on August 26, 2021, we filed a complaint with the NHRC which took up the case on September 15 last year," said advocate Dilip Chakma, the executive director of Indigenous Rights Advocacy Centre.
The Patil brothers also allegedly took advantage of the fact that the tribals can't read and write. Pic/Rajesh Gupta
"Section 13 of the PHRA, 1993 explains the powers of the NHRC relating to inquiry into a case of human rights violation. Under this section, NHRC has all the powers of a civil court and all proceedings before it are deemed to be judicial proceedings. NHRC often invokes powers of a civil court to deal with non-response of government officials and summon the officials to appear before it together with all relevant records," he added. Chakma said the coercive process could have the collector appear before the Commission where he will be questioned over the details of the case, including the points mentioned in the notice.
The villagers had accused private contractors Chandrakant and Rajaram Patil, who are siblings, of making them work without proper pay, food or water and even publicly flogging them, tricking them into work to repay loans allegedly taken by their forefathers, prohibiting them from looking for other jobs, and the list goes on. mid-day's two reports had highlighted their plight - Bonded labourers of Bhiwandi: Tribal families reveal years of harassment, abuse at the hands of 2 contractors (August 26, 2021) and Bhiwandi: Feudal lord booked for sexual abuse (August 27, 2021).
The first notice was issued by NHRC to the collector on September 15, 2021. The notice reads: The District Magistrate, Thane, Maharashtra is directed to conduct spot enquiry immediately or to depute an officer subordinate to him for an immediate on the spot enquiry for identification of the bonded labourers, if any, and to take further action in accordance with the provisions of law. In the notice, the NHRC directed the District Magistrate/Collector, Thane to follow 18 points while undertaking the enquiry, including: whether the brick-kiln operator obtained a licence to run the brick-kiln from Competent Authority.
The District Magistrate, Thane, had to submit the report to the Commission within four days, failing which the Commission could issue a coercive process to remain present with the detailed report. "But the collector of Thane district failed to respond to the notice within the stipulated time. So, the NHRC issued a final reminder on December 24," said Chakma. "If the instructions of the NHRC in this particular case are properly carried out by the concerned officials, then it will go a long way to provide justice to the bonded labourers," Chakma told mid-day.
The collector of Thane district Rajesh Narvekar, said, "We have sent a reply to the NHRC on December 22. I guess there is some miscommunication with them, because I have not received their reminder mail. I will cross check with the concerned official in the (Wednesday) morning," Regarding compensation to the bonded labourers which is given by the state government, Narvekar said, "The bonded labourers have been issued their released certificates after mid-day published the report. I have written to the state government regarding the compensation, but I am yet to get the reply," Narvekar said.
Tribal leader Vivek Pandit, whose NGO Shramjeevi Sanghatana helped these bonded labourers get released from the clutches of the feudal lords, said, "The state government has absolutely failed to comply with the provisions of Bonded Labour System Abolitions Act. It is the prime duty of the government to provide immediate relief and rehabilitation of the released bonded labourers. Those who have no shelter should be given houses but nothing has been done so far by the state government."
"The collectors of Nashik, Thane, Palghar and Raigad have repeatedly asked the state government to provide funds. But the relief and rehabilitation department as well as revenue department of the state government have neglected their duty. So, in this matter, on behalf of the bonded labourers, we will approach the State Human Rights Commission and put the facts before the Commission," he said.
