Rare conviction in bonded labour case

In a rare victory for workers’ rights, a court has convicted a brick kiln owner for keeping 12 bonded labourers from Odisha, including three minors.

An additional sessions court in Bengaluru Rural district sentenced Nagaraja to three years’ simple imprisonment and fined him Rs 52,000 for forcibly employing 12 people at Siddeshwara Brick Factory in Akkupete, Devanahalli, from 2005 to 2008. Barring one worker, all the victims belong to the Scheduled Castes and Scheduled Tribes and were trafficked to Bengaluru by Nagaraja’s agent. Their families were paid an advance of Rs 6,000 to Rs 10,000.

In March 2008, authorities led by B Sampath Kumar, the-then tahsildar of Devanahalli, raided the factory and rescued the bonded labourers, who complained of abuse and cruel treatment.

Second additional sessions and special judge G S Praseela Kumari heard the story of one of the victims: The labourers’ day began at 5 am and they had to work until 7 pm. Except for Rs 400 to Rs 500 per week per family, the factory owner didn’t pay any wages. Other victims recounted similar stories of physical and verbal abuse.

Although some of the witnesses turned hostile during the trial, the prosecution witnesses, including the tahsildar, other officials and the legal advisor to the nonprofit International Justice Mission helped in building a watertight case, resulting in the conviction of Nagaraja.

Prathima M, head of strategic intervention at IJM, said it was noteworthy that the court had convicted the accused under the Bonded Labour System (Abolition) Act as well as the Scheduled Castes and Tribes (Prevention of Atrocities) Act.