Cries and Whispers

CRUELTY THAT LIES IN MIGRANT LIVES

Minor migrant girls were sexually harassed by brick kiln owner in Karimnagar district, and the employees at the brick kiln were tormented and ripped off life’s basic amenities.

Orissa’s share is 2.5 million and is considered a key state for supply of migrant labour. The brick kiln industry is today growing on a faster scale and contributing to the development of infrastructure growth in India. Children of seasonal migrants often migrate with their parents, and they are particularly vulnerable to child labour. Seasonal work sites at destination – often in agriculture but also in for instance brick kilns – are often far away from schools and other services, and school admission on a seasonal basis may be problematic, so children come along with their parents and work. Children who migrate without their parents are especially vulnerable to exploitation, coercion, deception and violence particularly if they are under the age of employment. Around 87 migrant workers including 18 children from Orissa, who were living in misery and torture in a brick kiln on the outskirts of Choppadandi which is located in Karimnagar district in Andhra Pradesh, were rescued by voluntary organizations with the support of the police. The women and the girl children were sexually harassed by the brick kiln owner. Three minor girls were allegedly raped by Lingampally Kishan(40) the proprietor of the brick kiln manufacturing unit, they had poured out their woes before a team of representatives of the voluntary organizations.

The owner seized 70 cell phones of migrant labourers. Fortunately, one of the migrants had hidden his cell phone under the ground and time to time informed his relatives about the slavery situation at the worksite. After 5 days of investigation, the labourers contacted their family and said they were threatened prior to the investigation by the owner to give faulty replies. The matter sparked out when Aide et Action staff received a call from the migrant who had hidden his cell phone under the ground. He informed about a girl named Geeta (Name changed) aged about 16 years, being sexually harassed  by the brick kiln owner on 6^th April, 2014. Two more minor girls namely Rama and Priya (name changed) were also reported of being sexually harassed by the owner at the worksite. According to the girls, the owner often used to call them in his office during midnight and in an intoxicated state used to sexually assault them. “He used to sexually assault the victims all in the age group of 13-15 years frequently,” said Peddapalli DSP P.Venugopal Rao.

27 people including 7 children from Gaisilet and Padampur block migrated to Chopadandi on 2^nd December, 2013. Each of them were given an amount of Rs.15000 as an advance by the local labour contractors namely Mr. Budhu Kumbhar Akshaya Rana of and Dahita village, to work as labourers in Andhra Pradesh. The labour contractor assured them to provide better worksite facilities. When the workers arrived at AP, the brick kiln owner started torturing them since the very first day and did not provide proper shelter, food & water, healthcare and education to their children. Each family was forced to produce 4000 to 5000 bricks per day. The owner kept abusing the labourers and also used physical strength to torture them. Two of the migrant labourers, Mr. Raju Bariha and Mr. Pitambar Bariha resisted this torture, they were hung upside down in a house by a rope by the brick kiln owner and were severely beaten up. Mr. Pitambar Bariha was beaten up on his head and ear using thick wooden stick which caused bleeding from his ears. He had vomited blood recently and later got checked at CDMO office, Padampur. Raju Bariha, a migrant labourer who worked at the brick kiln said that he had run away and hid in a well to avoid the wrath of the brick kiln owner, who would beat him severely with a huge stick demanding more work.

With the help of another fellow worker, both the workers escaped from the brick kiln and returned back to their native place on 28^th February. On 1^st March, they personally met and intimated in writing to the ADM and DLO of Bargarh for rescue of other hostage labourers at the brick kiln in AP. But the district administration turned a deaf ear to their plea. Hence they went to meet the SHRC commissioner who ordered the labour commissioner to rescue the rest of the migrant labourers kept under hostage. Thereafter, the District Labour Officer went to the Brick kiln for investigation. After investigating the matter, the DLO reported of migrants not willing to leave the brick kiln. According to the DLO, labourers there were living in peace with no one torturing or harassing them. The migrant labourers alleged that they were held captive by the owner and were forced to work for extra hours without proper worksite facilities. The labourers which include women and children live malnourished lives, housed in claustrophobic spaces, paid a pittance and with no proper medical care and lead a harrowing life. The migrant workers were illegally under confinement under the brick kiln owner for more than 2 years. One family was confined for more than 22 years.  On the official request of the superintendent of the police of Balangir district, Aide et Action coordinated the rescue with the support from SP, Medak district. The Medak district administration has released them under the bonded labour (prohibition and regulation act) 1976.

“We are forced to work for atleast 20 hours a day making 4,000 to 5,000 bricks in a day,” – Chandra Dharua

 

Chandra Dharua a 45 year old migrant worker and his wife had gone to Andhra Pradesh 22 years ago to work in a brick kiln, however the brick kiln owner did not let them go and held them in confinement. Umi Daniel, head of Aide-et-Action, said Dharua had become numb following his years of toil in confinement. “As he opened up with every passing day, the tragic story of his is coming out. His elder daughter was born in a brick kiln and married off in the same place at a tender age. One of his kids has tuberculosis. Besides, all his children are suffering from malnutrition,” Mr. Daniel said, adding that efforts should be made to provide the family job and food.

 

“We starve for two to three days as the owner does not even give us money for the purchase of food. Even if the children suffer from fever and other ailments, we rely on the mercy of the kiln owner for treatment by an RMP doctor at the worksite,”

– Kumari Sona(brick kiln labourer)

 

After discussing the matter with Mr. Umi Daniel, Regional Head, Migration thematic unit, MiRC, Aide et Action South Asia, a team involving Mr. Teki Vishy Director of CRC, Loksatta, Udyam Samasta, Aide et Action and media representative of Karimnagar visited the brick kiln at Chopadandi to rescue the migrant labourers kept in hostage. Prior to their visit, the team collectively met the Superintendent of Police, Karimnagar to take quick action against the owner. Later a team was jointly formed to inspect the site and enquire the migrants about the matter. But due to fear, migrants once again did not speak anything against the brick kiln owner. It was during this time when the victim, Geeta came forward and described in detail the situation faced by them at the brick kiln. Seeing the girl speak, other migrants joined in and explained the inhumane treatment they faced. Aide et Action along with local NGO facilitated their return by providing all amenities to them. CRC Hyderabad director T.V.V.Rao, said the owner had been harassing the labourers for the last four months. The rest of the three rescued migrants were taken by the local police to the police station in order to record their statement. As per the statement of the victims, they were sexually abused by the owner named Mr. Lingampally Kishan. The police then sent the three victims to the DHH, Karimnagar for medical examination. After receiving the details of their medical report from DHH, a FIR was filed by the police under the Act and section 376(2) (i) 506 of IPC, sec 3&4 POSCO Act -2012. The owner was arrested under charges of rape and was sent to the District Fast Track Court.The District Session Judge, Miss Kshyama Despande recorded the statements of victims individually. The Hon’ble Judge advised all three minor girls to return to their native place and get enrolled into a school. Later, the team of Aide et Action with the help of local NGOs PARDA and PAP repatriated them back to their village but due to summer vacations, the victims were not able to join school.

 

Later on 8^th May, 2014, Mr. Umi Daniel visited Bhela village in Komna block of Nuapada. Prior to his visit AEA team met the Superintendent of Police, Nuapada and handed over the FIR copy to him. The team also had a meeting with the SP and the Child Welfare Committee who were informed about the incident after which the committee assigned the District Child Protection Officer (DCPO) to investigate the matter and submit a report. Mr. Umi Daniel met the rescued labourers and two of the girls who were raped. During his visit to the native place of the victims, Mr. Daniel was accompanied by the DCPO of Nuapada and local NGO, PARDA. A letter pertaining to the case was submitted by Mr. Umi Daniel to the DCPO who promised to provide the victims proper care and protection. The matter was also discussed with the Director of Women and Child Development (DWCD) who assured of visiting the families along with the team of AEA. When the team met the families, the parents of the rape victims sounded to be hopeful and confident and showed their full support in fighting this case out.

Next day i.e on 9^th May, Mr. Umi Daniel and team went to Badipali village of Bargarh and met another rape victim. They were accompanied by local NGO, PAP. Meanwhile, AEA field staff  Sumi stayed in the house of the victim and counseled her which helped the victim to regain her confidence. A village meeting was organized the same day involving the Bonded Labour Organization named – Dadan Goti Shramik Suraksha Manch (DGSSM) wherein the local media was also called to attend the meeting. However, AEA prevented the media from highlighting the issue. The team is still trying its best to get together to provide justice to the girls.Just after the migrants returned their villages, Mr. Umi Daniel along with Teki Vishy (CRC), visited Karimnagar where he had held discussions regarding the case with local activists, consumer protection forum, members of the Loksatta Party, CRC Hyderabad and media personnels. Where the meeting was held, the team was thanked for contributing in the release of the migrant labourers. According to them such incidents kept happening in the brick kilns of the area, the society assured the team that they will take necessary steps and keep a check on the owners so that such incidents do not happen in future.

“The condition of the labourers were worse than bonded labour, none should suffer such kind of situation. Government officials should ensure the migrants have adequate facilities at all worksites.”

– N.Srinivas(Lok Satta Udyama Samastha district president)

 

Migration has become an integral part of livelihood strategies, pursued by a large number of poor people living in underdeveloped areas. About two out of ten Indians are integral migrants, who have moved across district or state lines—a rate notable for the sheer numbers who move within a country with a population that tops 1.2 billion. Migration is an important feature of human civilization. It reflects, human endeavor to survive in the most testing conditions both natural and man-made. Migration in India has existed historically, but in the context of globalization and opening up of the world economy it has assumed special significance for the country and the society. As a consequence of historical and economic factors, there are serious income disparities, agrarian distress, inadequate employment generation, vast growth of informal economy and the resultant migration from rural areas to urban, urban to urban and backward to comparatively advanced regions in the most appalling conditions. It is a complex phenomenon and closely related to economic and social factors. The various patterns and reasons for migration in India are – economic conditions, socio-cultural setting, caste and ethnicity, education, the skilled or less skilled poor, conflict, natural disaster, forced displacement and distress migration.

According to a study 77% of the population i.e. nearly 840 million Indians live on less than Rs.20 (40 cents) a day. Internal migration often involves long working hours, poor living and working conditions, social isolation and poor access to basic amenities like health care facilities, proper housing and basic food facilities.The constraints faced by migrants are many–lack of formal residency rights; lack of identity proof, lack of political representation, low-paid, insecure or hazardous work: limited access to state-provided services such as health and education and discrimination based on ethnicity, religion, class or gender. Yet internal migration is given very low priority by the government in policy and practice, partly due to a serious knowledge gap on its extent, nature and magnitude.

Human migration affects population patterns and characteristics, social and cultural patterns and processes, economies and physical environments. As people move, their cultural traits and ideas diffuse along with them, creating and modifying cultural landscapes.