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The Code of Criminal Procedure 1898 deals with the practical side of the issue: |
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Section 100 empowers a First Class Magistrate or a Sub-Divisional Magistrate to issue a search warrant if he has reason to believe that any person is confined under conditions that may amount to an offense. |
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Section 491 gives any High Court the power to set at liberty any person illegally or improperly detained in public or private custody within the limits of its appellate criminal jurisdiction. |
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There is a special provision for the recovery of unlawfully detained girls under the age of 16 years. Section 552 of the Code of Criminal Procedure says that a District Magistrate may upon complaint made on oath make an order for the immediate release of such women or children who have been abducted or unlawfully detained. |
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Despite the above Constitutional and legal provisions, bonded labor was not acknowledged by the government until the bonded laborers of the brick kiln industry successfully brought a case against their owner. The 1989 Supreme Court decision on this case limited peshgi advances to one week’s wages and granted bonded laborers the right to hold identity cards and vote. It also granted bonded laborers the right to work where they wanted and to make their own arrangements to repay their debts. Attempts by bonded laborers to exercise these new rights were met with strong resistance by employers and local authorities.
The Supreme Court judgment in the brick kiln case led to the adoption of the Bonded Labor System (Abolition) Act 1992. This Act outlaws the practice of bonded labor, cancels all existing bonded debts, and forbids lawsuits for the recovery of bonded debts.
The law has not had a noticeable effect and bonded laborers continue to face formidable obstacles, despite this legislation. Brick kilns and large agricultural concerns are controlled by politically powerful families who have no interest in seeing the bonded labor system abolished. Law enforcement officials generally cooperate with these powerful owners in any dispute between them and the bonded laborers. The abuse of bonded laborers, including sexual abuse, beating and abduction of “escapees” is common. Illiteracy keeps many workers ignorant of their rights and most do not have the skills to undertake other employment. Some workers are psychologically as well as financially dependent on the bonded system, since this type of labor provides job security and involves a clearly defined traditional relationship between the employer and the employee. |
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The Pakistan Penal Code (No XLV) as long ago as October 1860 made slavery a criminal offense: |
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Section 370 makes the import, export, removal, buying, selling or disposing of any person as a slave, or accepting, receiving or detaining any person against his will as a slave, punishable with imprisonment extending up to seven years, or fine, or both. |
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Section 371 supplements section 370 provisions by making the habitual import, export, removal, buying, selling, trafficking or dealing in slaves punishable with imprisonment for life or with imprisonment for a term not exceeding ten years, and fine. |
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Section 374 in this regard goes on to say that unlawfully compelling any person to labor against the will of that person is punishable with imprisonment up for a term extending up to five years, or with fine, or with both. |
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The Code of Criminal Procedure 1898 deals with the practical side of the issue: |
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Section 100 empowers a First Class Magistrate or a Sub-Divisional Magistrate to issue a search warrant if he has reason to believe that any person is confined under conditions that may amount to an offense. |
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Section 491 gives any High Court the power to set at liberty any person illegally or improperly detained in public or private custody within the limits of its appellate criminal jurisdiction.
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There is a special provision for the recovery of unlawfully detained girls under the age of 16 years. Section 552 of the Code of Criminal Procedure says that a District Magistrate may upon complaint made on oath make an order for the immediate release of such women or children who have been abducted or unlawfully detained. |
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Despite the above Constitutional and legal provisions, bonded labor was not acknowledged by the government until the bonded laborers of the brick kiln industry successfully brought a case against their owner. The 1989 Supreme Court decision on this case limited peshgi advances to one week’s wages and granted bonded laborers the right to hold identity cards and vote. It also granted bonded laborers the right to work where they wanted and to make their own arrangements to repay their debts. Attempts by bonded laborers to exercise these new rights were met with strong resistance by employers and local authorities.
The Supreme Court judgment in the brick kiln case led to the adoption of the Bonded Labor System (Abolition) Act 1992. This Act outlaws the practice of bonded labor, cancels all existing bonded debts, and forbids lawsuits for the recovery of bonded debts.
The law has not had a noticeable effect and bonded laborers continue to face formidable obstacles, despite this legislation. Brick kilns and large agricultural concerns are controlled by politically powerful families who have no interest in seeing the bonded labor system abolished. Law enforcement officials generally cooperate with these powerful owners in any dispute between them and the bonded laborers. The abuse of bonded laborers, including sexual abuse, beating and abduction of “escapees” is common. Illiteracy keeps many workers ignorant of their rights and most do not have the skills to undertake other employment. Some workers are psychologically as well as financially dependent on the bonded system, since this type of labor provides job security and involves a clearly defined traditional relationship between the employer and the employee. |
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