Malati Kumari (12) s/o Shambhu Manji, a daily wage labour is resident of Sigariawa village under Sahanjapur police station in Patna Dist. belongs to Musahar (SC) community.

On 25/12/2012, at about 7.00 p.m Malati Kumari set out to meet her grandmother who is living in Chhoti Keboi village, which is 3 km distance from her village Sigariawa. She went to Gigariawa turn to catch auto, where she found a man named Guddu Yadav (21) s/o Kanhai standing with his auto. He asked her where she was going. When he learnt that she is going to Chhoti Keboi village, he pretended that he also will go to the same place and asked her to sit in the auto. While going, he stopped the auto on the way and called two of his friends namely Annu Yadav (20) s/o Pawan, Arjun (22) s/o Manogi, belong to OBC community over phone, asked them to sit in the auto and went. On seeing them Malati tried to get down from auto but Guddu requested here to sit and assured to drop her to the destiny. Then the rapist took her to a lonely place and clutched her mouth with cloth and raped one after the other. Malati managed to scream out loudly. The nearby villagers, who went out for evening wash, heard the cry and run to the spot. On seeing the people, the rapist escaped the place.     

Initially, the police refused to register as rape case but due to pressure from the higher authorities the case was registered on 25-12-2012 as No. 62/12, u/s 363,366,376  IPC & 3(1)(x)(xii) of SC/ST (PoA) Act, however the rapist were not arrest. Charge sheet is not filed. The victims have not received any compensation from administration. 

1.        Rape is a criminal offence [sec. 376 IPC r/w. sec. 3(2)(v) SC/ST (PoA) Act].
2.       Kidnapping, abducting or inducing woman to compel her marriage etc [sec. 366 IPC).
3.       Procuration of minor girl- Whoever, by any means whatsoever, induces any minor girl under the age of eighteen years any act with intent or knowing that it is likely that she will be forced to illicit intercourse with a person [sec. 366A IPC].
4.       Being in a position to dominate the will of a woman belonging to a SC/ST with intent to dishonor or outrage her modesty [sec.3 (1)(xi) SC/ST (PoA) Act].
5.       Being in a position to dominate the will of a woman belonging to a SC/ST and uses his position to exploit her sexually to which she would not have otherwise agreed [sec. 3(1)(xii) of the SC/ST (PoA) Act].
6.       Whoever, being a public servant but not being a member of a Scheduled Caste or Scheduled Tribe, willful neglects his/her duties required to be performed by him/her under the Act, is guilty of an offence [sec. 4 SC/ST (PoA) Act].
7.       Assault or use of criminal force on a woman with intent to outrage her modesty [sec. 354 IPC].
8.       Everyone has the right of life, liberty and security of person [Art. 3 UDHR and Art. 5(b) CERD].
9.   General recommendation 19 of CEDAW relates to gender-based violence and recommends amongst other things that states should take all legal and other measures that are necessary to provide effective protection of women against gender-based violence including effective legal measures (including penal sanctions), preventive measures (including public information and education programs) and protective measures.

Beer Singh S/o Pritam Singh R/o Village Karalia, Tehsil: Ajnala District Amritsar. He belongs to Mazhabi Sikh caste which is recognised by the State of Punjab as a Scheduled Caste.

He is a brick kiln worker employed at M/s Aulakh Bricks Co., located in V.P.O. Vaniyeke Tehsil Ajnala Distt Amritsar. The name of the occupier of the said brick kiln, as per his knowledge, is Shri. Gurmukh Singh. He along with his family members were employed as a Pather in the above mentioned brick kiln in December 2012 on payment of an advance amount of 1,00,000 (One Lakh). The names of his family members are as under;

However, due to the brick kiln owners strike at the State of Punjab, they were not given any work although they were employed in the brick kiln and presented for work. They were not allowed to take up any employment of their choice and were compelled to remain present in the brick kiln. They were made to sit idle from the time of their arrival at  the brick kiln from December 2012 to  first week of April. No compensation was given by the employer for the loss of wages.

When work resumed in the brick kiln (after strike) in the first week of April, his family worked continuously for 3 weeks. After this, the employer, Gurmukh Singh, stated pressurising him to put his thumb impression on some papers. Being illiterate, he did not know the content of the papers on which the employer was forcinghim to sign. He refused to sign on the papers as he had doubt on the employer that he could mis use this paper against him. Thereafter, the employer threw him out of the brick kiln, with the help of local police from Ajnala Police Station. Some trucks were hired by the employer and his family and he were removed from the brick kiln forcefully. They pleaded with the employer that their livelihood will be jeopardised, but the employer did not heed to their please.

Having no other choice, his family and he tried to take employment elsewhere as the employer at M/s Aulakh Bricks Co., demanded the debt amount of Rs 1, 00,000 back from me. To thier shock and dismay they were denied employment in the entire brick kiln they approached as it was instructed to the occupier of that brick kiln that unless the debt advance was paid to the previous employer at M/s Aulakh Bricks Co., they will not employ them in their brick kiln.

His family and he are in a state of starvation as they are being systematically denied employment in any brick kiln in Amritsar and elsewhere due to our debt obligation. Being Pathers, the only skills they have earn their livelihood, is that of brick moulding and their life and liberty is in danger to the social boycott imposed by the employer. They only mistake, it seems, is that we stood up for their rights. For the past 5 months his family and he are in state of despair, being denied their right to life and livelihood. Does not the Right to equal protection of the Laws, right to life, right to dignity and right against trafficking and forced labour apply to poor members of Scheduled Castes such as I? Having been advanced a bonded debt, they are not being denied work unless the debt advance is paid to the employer. Being subjected to bonded labour, are they not entitled to be set at liberty from the obligation to repay the bonded debt, to release and rehabilitation measures?

Sarabjit Singh S/o Ratan Singh R/o Village Karalia, Tehsil: Ajnala District Amritsar he belong to the Mazhabi Sikh caste which is recognised by the State of Punjab as a Scheduled Caste.

He was employed by Partap Bricks Udyog Samiti located in Bhalla Pind, Ajanala road, Tehsil Ajnala Dist: Amritsar. The name of the occupier of the said brick kiln, as per my knowledge, is Shri. Sukhdev Singh S/o Partap Singh. He along with his family members were employed as a Pather in the above mentioned brick kiln in December 2012 on payment of an advance amount of 60,000 (Sixty Thousand). The names of his family members are as under;

Due to the strike of the brick kiln in the State of Punjab, they were not given any work although they were employed and presented for work. They were not allowed to take up employment of their choice and were compelled to remain present in the brick kiln. They were made to sit idle at work place from December 2012 till first week of April. No compensation was given by the employer for the loss of wages. When the strike was over, they worked continuously for three week in the first week of April. In the month of April, his new born child fell seriously ill. For the treatment of new born baby he requested to employer to give him some money. The employer said that only on signing some papers given any assistance and that he will not be allowed to work in the brick kiln if he do not agree to some terms and condition put forward by the employer.

After this, the employer, Shri Sukhdev Singh, also known as Deva, started pressurising him to put his thumb impression on some papers. Being illiterate, He do not know the contents of the papers on which the employer was forcing to place his thumb impression.

He was afraid that the employer would deny them their rights and wages if he wil put his thumb impression on these papers and he refused to do so. Thereafter, the employer, without notice, threw them out of the brick kiln with the help of local police from Ajnala Police Station. Some trucks were hired by the employer and his family and they were removed from the brick kiln forcefully. They pleaded with the employer that their livelihood will be jeopardised, but the employer did not heed to their please. They have no other option to search work else where, because the employer at Partap Bricks Udyog Samiti demanded the debt amount of Rs 60,000 back from me. It was instructed by the previous employer at Pratap Bricks Udyog Samini to not employ them until they paid their dabt advance. They do not want to employed them in entire brick kiln

His family and he are in a state of starvation as they are being systematically denied employment in any brick kiln in Amritsar and elsewhere due to their debt obligation. Being Pathers, the only skills they have earn their livelihood, is that of brick moulding and their life and liberty is in danger to the social boycott imposed by the employer. Their only mistake, it seems, is that they stood up for our rights. For the past 5 months his family and he are in state of despair, being denied their right to life and livelihood.

Billu Singh S/o Sadak Singh resident of village V- Meha Singh wala, tehsil- Zira, Distt- Ferozpur. He belongs to the Majhabi Sikh Caste, declared as a scheduled caste by the Government of Punjab. Billu Singh and 6 others persons are working with M/S Khambiyan Wala, village-Khambewala, tehsil- dharamkot Distt- Moga. Bonded labour Billu Singh and his family members were working for the employer from June 2009 to October 2009. The employer gave them advance Rs. 25,000/- which he had used for the marriage of his daughter. The brick kiln owner pay them after 15 days work the employer paid them Rs.1500/-only. Billu Singh and his family members were prepared 2500 to 2600 bricks in a day.

Sukhcain Singh & his wife prepared 1100 to 1200 bricks in a day. On 20 October when Billu Singh’s wife shinder Kaur and their daughter in law Jaswinder Kaur went to attend the call of nature then the Munshi of the brick kiln Raju followed them and both of the women workers said him to go back but he did not go. The women workers came back and talk to the men workers about the incident. When the men workers asked to Mushi raju about his incident then Raju brought other unknown persons and beaten all the family members and threaten them that they can do anything with their women because the bonded labourers have to pay them the bonded debt of Rs. 80,000/- Due the threaten and beaten by munshi Raju the life of the bonded labourers was under threat.  Complaint was filed before Deputy Commissioner, Ferozpur Ref.No-DDVA/5568/09 Date: 23/12/09. All the laborers are free from the bondage of the brick kiln owner and also free from bonded debt.

Channa S/o Dina resident of village- Satiyewala, tehsil & District- Ferozpur. He belongs to “Valmik” caste which is declared Scheduled Caste by the Government of Punjab. They were working with M/S The Nagpal Brick kiln Gram Udyog Samiti (Regd.),V- Bhadru wala, tehsil @ District- Ferozpur. There were 26 bonded labourers including Channa were working for the same employer. They were working from 2008 for the employer. The employer give them advance recruit them on his work. Every family has been given petty amount after 15 days according to their bricks which they have made. But from last one & half months the employer stopped to give them the petty amount which they were given after 15 days that’s why they were facing starvation. Labourer Rita W/o Sukha was ill & his husband Sukha demanded his wages from the employer for the treatment of his wife. But the employer beaten him and refused to pay him any wage. The employer has said all the labourers that they will not be paid any money without paying the bonded debt. They could not go anywhere without paying the bonded debt. If any person among them will try to run away without paying the debt then he will caught him to police. These all labourers were facing the life of starvation and they have threat of life from the employer. The employer demands the bonded debt Rs. 2, 50,000/- from the bonded labourers. The complaint has been filed before Deputy Commissioner, Ferozpur Reference No-DDVA/5339/09 dated19.6.09. Now they are physically free and free from bonded debt.