Recovery of kids detained at brick kiln: IHC orders DC of Islamabad to nominate executive magistrate

ISLAMABAD: The Islamabad High Court (IHC) Wednesday directed the deputy commissioner (DC) Islamabad to nominate an executive magistrate for the recovery of children detained at a brick kiln for bonded labour.

A single bench of Chief Justice Athar Minallah issued these directions, while hearing a petition moved by Manzoora Bibi, the mother of the detained children.

The court also directed the authorities to produce the children, if detained at the brick kiln, before the court, while it further directed the DC Islamabad to appear before the court on the next hearing to be held on Thursday (today).

Manzoora Bibi has invoked the constitutional jurisdiction of the court, asserting that the owner of Gondal Bricks Company situated at Haji Camp Road, Islamabad, has illegally detained her children while the ages of the children are less than eight years.

The IHC said in its order that the complaint and the assertions appeared to be regarding the practice of bonded labour prevalent in brick kilns.

It noted that bonded labour in any form or manifestation is the most detestable practice and intolerable in a society governed under the Constitution.

It is prohibited under the Bonded Labour System (Abolition) Act, 1992.

It mentioned that the august Supreme Court in the case titled, “Human Rights Commission of Pakistan and 2 others vs Government of Pakistan and others” has unequivocally held that forced labour and clog on the freedom of movement by way of consideration for the repayment of debt would be impermissible and that any outstanding amount could only be recovered through normal legal channels.

“The apex Court has unambiguously declared that it is the duty of the concerned authorities and functionaries to faithfully discharge and perform functions for implementing all the relevant laws in letter and spirit for eradication of forced, bonded and child labour from all sectors of the economy, particularly the brick kilns. No fetter on the rights of the labour guaranteed under the Constitution can be placed even through voluntary agreements. The labour employed in brick kilns are entitled to the minimum wages determined by the State,” maintained the court.

Justice Minallah said, “The complaint of the petitioner is of a serious nature and the alleged detention of children is intolerable. The Deputy Commissioner, Islamabad Capital Territory is, therefore, directed to nominate an Executive Magistrate to forthwith inspect the brick kilns namely, Gondal Bricks Company.”

He directed, “The children alleged to be detained shall forthwith be recovered and produced before this Court tomorrow at 10:30am. The Deputy Commissioner is further directed to ensure that all the brick kilns within the Islamabad Capital Territory are inspected in order to ensure that there is no bonded labour in any form or manifestation whatsoever. The Deputy Commissioner will also appear before this Court on the date fixed.”

The IHC chief justice also directed the In-charge Police Station, Noon to fulfill his official obligations in the matter and adjourned the hearing till Thursday (today).

Copyright Business Recorder, 2020