Bonded Labor

By
Muhammad Munib Khan
 What is bonded labor?
According to ILO, Forced labor is any type of work or kind of service in
which someone engages involuntarily and under some implied coercion a
manifest threat of a penalty or oppressive measure.
Exists mainly in Asian and agricultural societies.
If the debtor is unable to pay, he has to serve the creditor for some specified
or unspecified term.
 Forms of Bonded Labour
Bonded labor in exchange of advance/ an amount of money given before
services are rendered (peshgi), received by a person or his family.
Bonded labor in exchange of an economic benefit/consideration received by
a person or his family.
Bonded labor of a Guarantor in exchange for debtor who was unable to pay
off his debt
Bonded labor is prevalent in agriculture sector, brick kilns, domestic work
and begging.
How do we know whether some practice is
bonded/forced labor or not?
Wage rates
Whether wages are directly paid to the worker or some other person is taking
his/her wages?
Freedom of business.
Whether the worker keeps his identity documents with himself or his
employer keeps these in his own custody.
 What are the Provisions in Pakistani Laws
regarding Bonded Labor?
Article 3 of Constitution of Islamic Republic of Pakistan requires the State
to ensure that all forms of exploitation are eliminated and that it should
work for gradual fulfillment of fundamental principle; from each according
to his ability and to each according to his work.
By keeping a person under Bonded labor is to deprive him/her of
fundamental freedoms like freedom of movement (Article 15).
freedom of assembly (article 16)
freedom of association (article 17)
 freedom of profession (article 18)
freedom of speech (article 19)
the right to be equal citizen (article 25-A)
Article 11 of the Constitution deals specifically with forced labor. It says:
Slavery is non-existent and forbidden and no law shall permit or facilitate its introduction into
Pakistan in any form. All forms of forced labor and traffic in human beings are prohibited.
-Other than these constitutional provisions on bonded labor, government of Pakistan
has enacted a special law for eradication and abolition of bonded labor in the country.
Bonded Labor System (Abolition) Act, 1992
Bonded Labor System (Abolition) Rules, 1995
 How this act is implemented?
The Provincial Governments can empower and impose duties on District Magistrates to
ensure smooth implementation of this law (section 9).
Section 15 of the Act also requires Provincial Governments to set up Vigilance Committees
at the District level. A Vigilance Committee is comprised of:
Elected representatives of the area (MNA, MPA, Nazim etc.)
Representatives of District Administration (Police, judiciary, DCO, Agriculture, Health,
labour)
Bar associations
Press
Social Partners (Employees, Employers, NGOs)
Social Services
Labor Departments (Federal and Provincial)
 What if an employer violates the
provisions of the Act?
According to this law, whoever compels another person for bonded/forced
labor (as described above), shall be punished with imprisonment for a term
of at least 2 and maximum 5 years, or fine of at least PKR 50,000 or with
both.
Of the received fine, payment to the bonded labor has to be made at the rate
of at least PKR 50 per day for each day of bonded labor.