“A CRITICAL ANALYSIS OF BONDED LABOUR

LAWS, ITS LEGISLATION & IMPLEMENTATION IN

PUNJAB“
 Introduction

Bonded labour is “ a situation when a person provides a loan to another and uses his or her labour or services to repay
the debt; when the value of the work, as reasonably assessed, is not applied towards the liquidation of the debt, the
situation becomes debt bondage” (Damir-Geilsdorf, S., Lindner, U., Müller, G., Tappe, O., & Zeuske, M. 2016).

Bonded Labour laws safeguard the rights of downtrodden sections, including daily wagers and brick kiln workers, who are
often subjected to the harshest forms of working conditions.

Evidence from Pakistan indicates that bonded labour legislation lacks application as well as proper institutional
frameworks (Malik, 2016).

ILO there are more than 20.9 million victims of forced labour, trafficking and slavery in the world today.
 Statement of the Problem

In Punjab, Pakistan, where the literacy rate is very poor and people are unaware about their rights and laws in
the country. Even they are unaware about bonded labour laws. Bonded labour remains a pressing issue in Punjab, a
state in northern India. Despite legal provisions and efforts to combat this practice, numerous individuals, primarily from
marginalized communities, continue to be trapped in bonded labour arrangements. Many are forced to work in sectors
such as agriculture, brick kilns, and construction, where they endure exploitative conditions, meager wages, and physical
abuse. The deeply rooted socio-economic factors, coupled with limited awareness and enforcement, contribute to the
persistence of bonded labour in Punjab. Efforts to address this issue require a comprehensive approach, including strict
implementation of laws, robust enforcement mechanisms, and initiatives to empower and protect vulnerable individuals.
This study emphasis on a critical analysis of understanding and implementation on bonded labour laws in Punjab,
Pakistan.
 Research Objectives
i. To study and understand the bonded labour laws in Punjab.
ii. To investigate bonded labour laws in protecting laborers rights.
iii. To examine the role of constitutional provisions in protecting labour rights.
iv. To analyze the factors that hinder implementation of bonded labour laws in Punjab.

Research Questions

v. What is current status of implementation of laws of bonded labour?

vi. What barriers/factors prevents the true implementation of bonded labour laws?
vii. How bonder labour laws be implemented in Pakistan?
 REVIEW OF LITERATURE

1. Saeed et al (2019)
Debt bondage is one of the primary cause of bondage among agricultural workers and tenants is the persistent and
increasing debt that they accumulate over time.
2. Akram et al (2019)
Loan repayment is one of the major cause to continue bonded labour in agriculture fields. Landless families residing in
rural areas to construct a dwelling on a plot of land bestowed upon them by the landowner. Despite having resided in
these houses for generations, these families do not possess legal ownership of the properties. The persistent risk of
eviction engenders the phenomenon of coerced labor.
3. Khan et al (2019)
Approximately 90% of brick kilns operate in rural areas with bonded labour. The primary contributing factors are the
accessibility of inexpensive land, the proximity of fuel and brick transportation routes, the proximity of brick markets, and
the availability of a low-cost labor force.
4. Aftab & Ali (2023)
The tenants with no legal ownership of their fields are more vulnerable to bonded labour. Socio economic factor is more
prevalent cause of bonded labor amongst others.
5. Pervaiz et al (2022)
A prevalent practice for lessees to obtain financial assistance from their lessors to fulfill their financial requirements is
cause of debt bondage in Punjab. Various agrarian systems leads to it.
i. Hatup System
ii. Batai System
iii. Peshgi & Rehak system
iv. Begar system
 REVIEW OF LITERATURE

Factors concluded from literature review which contribute to Bonded Labour in Punjab.

i. Lack of land ownership in Agrarian workers

ii. Socio Economic factors

iii. Un-registered rural labor force

iv. Informal employment agreements

v. Un-educated minority communities

vi. Poverty

vii. Schooling Quality as Supply Factor

viii. The Phenomenon of Usurpation in Labour Markets

 Review of legal provisions to eradicate Bonded Labour

•International Commitments
•“No one shall be held in slavery or servitude.”
•(Universal Declaration of Human Rights Article- 4)
• Provision in Constitution of the Islamic Republic of Pakistan
• “The State shall ensure the elimination of all forms of exploitation and the gradual fulfillment of the fundamental
principle, from each according to his ability, to each according to his work” (Article-3).
•The Bonded Labor System (Abolition) Act of 1992 is a legal statute that specifically addresses the issue of bonded labor.
The statement highlights the legal prohibition of any type of advances or "Peshgi" and the resulting forced and bonded
labor (Malik, 2016).
 The Factories Act of 1934 is a legislation that pertains to the welfare of workers in terms of their working conditions
and safety at the workplace.
 The Minimum Wages Ordinance pertains to the establishment and execution of minimum wages for various groups of
skilled and semi-skilled laborers, such as those employed in brick kilns.
 Review of legal provisions to eradicate Bonded Labour
 The Payment of Wages Act 1936 pertains to the payment of wages to workers, including the time period and mode of payment.
 The Industrial & Commercial Establishments (Standing Orders) Ordinance 1968 pertains to the regulations surrounding the
employment terms, bonuses, gratuities, and group insurance of employees in industrial and commercial establishments.
 The Workmen Compensation Act of 1923 pertains to the provision of compensation to workers in the event of injury or death.
 The Industrial Relations Ordinance 2002 pertains to various aspects of labor relations, including the registration of trade unions, the
formation of collective bargaining agreements, the process of collective bargaining, the use of conciliation to resolve disputes, and
the role of labor judiciary.
 The Employment of Children Act 1991 is a regulatory measure that governs the employment of children in factories and brick kilns.
 The Employees Social Security Ordinance offers medical coverage to workers.
 The Employees Old Age Benefits Act pertains to the provision of old age pension for employees.\
 RESEARCH METHODOLOGY
Research Approach
In this study, the inductive approach is used to examine the research objective. This is accomplished
by gathering data and determining the specifics of the cause-and-effect connection between the ideas selected
and the many points of view that come with gaining soft skills.

Research Strategy
• Quantitative Strategy
• Survey Based Approved is adopted in this study.

This is a cross sectional study in nature and information and data were collected through survey
method by using close ended questionnaire.

Participants of the study

This study focused on laborers of South Punjab. Individuals from diverse occupational backgrounds
within the labor industry were solicited for their demographic information, to find out the real time working
situation & implementation of labour laws in Punjab.
 Questionnaire & Data Analysis

Development of Questionnaire for Survey

•A standard questionnaire is developed and then distributed to know about challenges and issues regarding
implementation of bonded labour laws, reason of non-implementation & consequences faced by the labourers in South
Punjab.
•The questionnaire focused on
•Factors & Causes of Bonded Labour
•Implementation status of Bonded Labour Laws
•Awareness of Bonded Labour laws in Pakistan

•Analysis of Survey responses using frequency Analysis

•A descriptive frequency analysis is used to find the implementation status of labor laws and the challenges encountered
by laborers. The findings are presented in tabular format, describing the prevailing choices made by the participants for
each variable.
Analysis of Respondent’s Information
Analysis of Respondent’s Information
 Frequency Analysis of Questionnaire for Labourers
Section-A (Factors & Causes of Bonded Labour)
Neutral
# Statement Agreed % Dis-agreed %
%
Poverty is‫ غ‬the main
‫ ن‬cause of Bonded Labor.
1 ‫ے۔‬‫ج بری لی بر کی ب ی ادی وج ہ رب ت ہ‬ 90% 8% 2%

‫ ت‬the increasing age of labourers

Work opportunities are reduced with ‫ت‬ ‫ق‬
which ‫ت‬
lead to‫ ت‬bonded labor.
2 ‫ے۔‬‫ہ‬ ‫ی‬ ‫و‬ ‫ہ‬ ‫مزدوری‬ ‫ری‬‫ب‬ ‫ج‬ ‫سے‬ ‫ہ‬ ‫ج‬‫و‬ ‫کی‬ ‫س‬ ‫ج‬ ‫ں‬ ‫ی‬ ‫ہ‬ ‫ے‬‫ا‬ ‫ج‬ ‫و‬ ‫ہ‬ ‫کم‬ ‫ع‬ ‫موا‬ ‫کے‬ ‫کام‬ ‫ھ‬ ‫سا‬ ‫کے‬ ‫مر‬ ‫ع‬ ‫ی‬ ‫مزدوروں کی ب ڑھ‬ 76% 22% 2%

Bonded‫ ت‬Labourers‫ ت‬are discriminated‫ن‬ against‫ ت‬on the basis of religion and caste.
3 ‫ے۔‬ ‫س‬
‫جبری مزدوروں کے سا ھ مذہ ب اور ذات پ ات کی ب ی اد پر ام ی ازی لوک ک ی ا ج ا ا ہ‬ 39% 50% 11%

Agriculture workers are more prone to bonded labor.

4 ‫زراعت کے کارکن جبری مزدوری کا زیادہ شکار ہیں۔‬ 50% 46% 4%

Sometime families send children forcibly as bonded labour.

5 ‫بعض اوقات خاندان بچوں کو زبردستی جبری مزدوری کے طور پر بھیجتے ہیں۔‬ 43% 49% 8%
 Frequency Analysis of Questionnaire for Labourers
Section-B (Implementation status of Bonded Labour Laws)
Neutral
# Statement Agreed % Dis-agreed %
%
There are a number of loopholes in the ongoing system of bonded labour laws implementation
1 mechanism inspection. 72% 26% 2%
‫جبری لیبر قوانین کے نفاذ کے طریقہ کار کے معائنہ کے جاری نظام میں کئی خامیاں ہیں۔‬
Employers intentionally prefer bonded labor due to less payment and more work. ‫۔‬
2 ‫کم ادائیگی اور زیادہ کام کی وجہ سے آجر جان بوجھ کر جبری مزدوری کو ترجیح دیتے ہیں۔ ۔‬ 50% 46% 4%

Implementation authorities are not capable to unearth bonded labourers problems.

3 ‫عمل درآمد حکام جبری مزدوروں کے مسائل کا پتہ لگانے کے قابل نہیں ہیں۔‬ 73% 24% 3%

Less remuneration for more work is a common practice with bonded labourers.
4 ‫زیادہ کام لینا اور کم معاوضہ دینا ایک عام سی بات ہے۔‬ 65% 32% 3%

Employers encourage child labour to get the benefit of low wages. ‫آجر کم اجرت کا فائدہ حاصل کرنے کے‬
5 ‫لیے چائلڈ لیبر کی حوصلہ افزائی کرتے ہیں۔‬ 73% 23% 4%

Bonded labour system prohibits child labour from education acquisition.

6 ‫جبری لیبر سسٹم مزدور کے بچہ کو حصول تعلیم سے روکتا ہے۔‬ 78% 18% 4%

Labourers’ harassment Is common with bonded labourers at the workplace ‫کام کی جگہ پر جبری مزدوروں‬
7 ‫کے ساتھ مزدوروں کو ہراساں کرنا عام بات ہے۔‬ 81% 14% 5%

Bonded laborers work all the time without pay.

8 ‫جبری مزدور ہر وقت بغیر تنخواہ کے کام کرتے ہیں۔‬ 90% 8% 2%
 Frequency Analysis of Questionnaire for Labourers
Section-C (Awareness of Bonded Labour laws in Pakistan)
Neutral
# Statement Agreed % Dis-agreed %
%
Bonded Labourers are aware of the existence of laws for the protection of their rights.
1 ‫جبری مزدور اپنے حقوق کے تحفظ کے لیے قوانین کی موجودگی سے آگاہ ہیں۔‬ 69% 26% 6%

Bonded Labourers are aware of the implementation mechanism, channels and authorities.
2 ‫ چینلز اور حکام سے واقف ہیں۔‬،‫جبری مزدور نفاذ کے طریقہ کار‬ 79% 19% 2%

Illiterate people are more vulnerable to Bbonded labor and exploitation of their rights than literate
3 ones.‫ناخواندہ لوگ پڑھے لکھے لوگوں کے مقابلے میں جبری لیبر اور اپنے حقوق کے استحصال کا زیادہ شکار ہوتے ہیں۔‬ 66% 29% 5%

Female workers are more vulnerable to bonded labor.

4 ‫خواتین ورکرز کو جبری مزدوری کا زیادہ خطرہ ہوتا ہے۔‬ 36% 61% 3%

Employers bonded the generation and generation of bonded labourers through debt bonding.
5 ‫مالکوں نے قرض کے ذریعے مزدوروں کی نسلوں کو جبری مشقت پر مجبور کر دیا ہے۔‬ 72% 24% 4%

Bonded labour is normally found in rural areas due to the undocumented debt system.
6 ‫جبری لیبر عام طور پر دیہی عالقوں میں غیر دستاویزی قرض کے نظام کی وجہ سے پائی جاتی ہے۔‬ 71% 24% 5%

The majority of bonded Labourers are deprived of their leave rights due to ignorance.
7 ‫مزدوروں کی اکثریت العلمی کی وجہ سے چھٹی کے حق سے محروم ہے۔‬ 83% 15% 2%
 ISSUED HIGHLIGHTED IN SURVEY
•The constitution prohibits slavery, forced labor, and human trafficking under Article 11, which states,
"Slavery is non-existent and forbidden, and no law shall permit or facilitate its introduction into
Pakistan in any form".
•Survey highlights that bonded labor continues to persist in Pakistan due to following factors.
•Weak implementation
• due to a lack of resources, corruption, and limited capacity within law enforcement agencies.

•Inadequate legal protections

• Specific provisions directly addressing bonded labor are lacking.

•Landlord influence
•Bonded labor is prevalent in rural areas due to powerful landlords or feudal systems who maintain control over local
communities and exploit vulnerable individuals and families, perpetuating the cycle of bonded labor.

•Poverty and lack of economic opportunities

•Widespread poverty and limited access to education and economic opportunities contribute to the vulnerability of individuals
and communities to become trapped in bonded labor situations.
 ISSUED HIGHLIGHTED IN SURVEY

•Ineffective dispute resolution mechanisms

• The slow and inefficient judicial system in Pakistan can delay justice for bonded laborers, making it challenging for them to
escape exploitative situations. This can discourage victims from seeking legal recourse.

• Lack of awareness and social stigma

• Limited awareness about the rights of laborers and the illegality of bonded labor among vulnerable communities, coupled
with social stigmas, prevents victims from reporting their situation or seeking help.
 Findings of the Study

•The constitution provides a legal framework, addressing bonded labor requires comprehensive efforts across multiple fronts,
including legislative reforms, increased law enforcement, awareness campaigns, poverty alleviation measures and strengthening
the justice system to ensure prompt and fair resolution of disputes.
•Factors Contribute to Non-Implementation of Bonded Labour Laws in Punjab:

•Feudal System & Debt Bondage

•In Punjab, presence of feudal systems and debt bondage practices contributes to the perpetuation and improvement of bonded
labor. Feudalism, characterized by large landholdings and power dynamics favoring landowners, creates an environment
conducive to exploitative labor practices.
•Feudal landlords, by leveraging their economic power and influence, manipulate debt bondage to their advantage. The feudal
lords use the debt as a means of control, forcing laborers to work under exploitative conditions and ensuring a continuous supply
of cheap labor for their agricultural operations.
 Findings of the Study
•Inadequate Awareness
•Limited awareness among workers and employers about their rights and the legal framework concerning bonded labour is a
major hurdle.

•Corruption and Weak Enforcement

•Corruption within law enforcement agencies and judiciary undermines the implementation of bonded labour laws. Bribery and
collusion between employers and authorities impede the investigation and prosecution.

•Inefficient Monitoring and Reporting

•Weak inspection systems and a lack of resources limit the ability to conduct regular inspections, leaving bonded labour
situations undetected and unaddressed.

•Socio-economic Factors
•Punjab's agricultural sector, dominated by large landholdings, plays a significant role in the prevalence of bonded labour.
Poverty, lack of education and limited employment opportunities force vulnerable individuals to become trapped in bonded labour
arrangements
 Findings of the Study
•Social Stigma and Fear
• Fear and social stigma associated with reporting bonded labour cases often deter victims from coming forward. Many bonded
labourers fear retaliation, loss of employment, or further exploitation if they speak out against their employers.
•Lack of Trust in Justice System
•Lack of trust in the justice system and fear of social ostracism contribute to the underreporting of bonded labour cases.
 Recommendations of the Study

•Strengthen legislative framework

•Introduce comprehensive legislation specifically targeting bonded labor, addressing all aspects of its prevention, rehabilitation,
and punishment for perpetrators.
•Enhance law enforcement
• Allocate adequate resources and training to law enforcement agencies to effectively investigate and prosecute cases of bonded
labor. Establish specialized units or task forces to focus on combating bonded labor and human trafficking.
•Improve access to justice
•Increase the capacity of the judiciary, to expedite the legal proceedings, including appointing more judges and providing them
with appropriate training.
•Promote awareness and education
•Collaborate with civil society organizations, educational institutions, and the media to spread awareness and challenge social
stigmas.
•Enhance labor inspections
•Increase the number of labor inspectors, improve their training and establish mechanisms to handle complaints and protect
whistleblowers.
 Recommendations of the Study

•Address poverty and promote economic opportunities

•Implement poverty alleviation programs to eradicate socio economic factors that provide income support, vocational training and
access to credit for vulnerable communities. Encourage entrepreneurship and facilitate job creation in rural areas to reduce
dependency on exploitative labor practices.
•Support victim rehabilitation
•Establish rehabilitation centers to provide shelter, medical care, education and vocational training to rescued bonded laborers.
Offer them legal aid, psychological support, and assistance in reintegrating into society.
•Strengthen international cooperation
• Collaborate with international organizations, such as the International Labour Organization (ILO), to benefit from their expertise,
technical assistance and best practices in combating bonded labor. Participate in regional and global initiatives to address cross-
border trafficking and bonded labor networks.
•By implementing these recommendations, Pakistan can make significant progress in eradicating bonded labor, protecting the
rights of vulnerable workers and building a more just and inclusive society.
 Future Work

•This study is organized to fulfill the requirement of an education degree therefore, time and budget remained two basic
constraints which lead this cross sectional study. In future, this study can be conducted to find the status of bonded labor in other
provinces of Pakistan.
•Another future dimension of the work is to increase sample size and focusing on specific areas of rural Punjab to know about
factors which lead to bonded labor to eradicate bonded labor.