Brick making is one of the most ancient industries; the craft is as old as the Indus Valley Civilization (2500-1500 BC). Fired bricks were also used by the ancient people of the civilizations of Egypt and Mesopotamia for building tombs and temples. Although the design, shape, and weight of bricks have undergone numerous historical changes, the production technology has changed little. Situated in the remote countryside, the brick kiln industry portrays a unique model of industrial relations. Socio-cultural parameters highly affect work. The house’s internal working “low-caste” family leads to migratory behaviour in construction labour in brick kilns.

Although Muslims are in the majority regarding their workforce contribution, Christians contribute quite a few “pathera” family workers, especially in the Punjab. By nature, all categories of bonded kiln labour, either salaried workers, such as jalai walas, or piece-rated labour, are quite poor and take heavy advances, both at the time of joining a kiln and thereafter. Advances taken amount to loans because of high interest charges, bookkeeping manipulation, and low wages, which make them prisoners of the owner, subject to exploitation in all three forms, i.e., physical, economic, and social. Of course, this kind of bondage ties families in such a way that they cannot recover from the debt even after generations, though they toil hard and keep their women and children working too.

The “peshgi” system of debt bondage has been a part of Pakistan’s history for centuries. It stems from the feudal dynamics between landlords and peasants, merging elements of feudal worker-owner relationships with modern capitalist economics to create a form of bondage that sits between the old and the new. This system is prevalent not only in brick kilns but also in agriculture, fisheries, mining, glass bangle-making, and carpet weaving. The current government, in partnership with the ILO, is investing considerable resources to eliminate and rehabilitate bonded labor across these sectors. Various NGOs are also exploring their roles in this effort. The issue carries significant socio-economic implications, and addressing it requires more than a single approach; it demands economic development, social engagement, and educational advancements for the families affected by bondage. Therefore, there is a pressing need to create a comprehensive strategy that addresses all facets of the problem and offers sustainable solutions. 

This article, relying on secondary sources, aims to investigate the nature and extent of bonded labor, its socio-economic effects, and its impact on children and women. 

Syeda Ghulam Fatima, also known as a modern-day Harriet Tubman, has devoted her life to ending bonded labor across the country. She has been shot, electrocuted, and beaten numerous times because of her activism, but nothing stopped her from fighting for the freedom of millions of people who are working as modern-day slaves, mostly in brick kilns.

There is little doubt that poverty and unemployment serve as the primary factors contributing to the exercise of bonded labour. Consequently, the provision of credit facilities can be an effective strategy to address this issue. Accessible credit through institutions such as microfinance banks like Akhuwat can serve as the foundation for small business start-ups, offering financial autonomy to bonded families. Simultaneously, the availability of credit diminishes the exploitative leverage that perpetrators wield over labourers trapped in poverty. Nevertheless, the government must offer these credit facilities with lower interest rates and flexible repayment plans.

Conceptualization of Bonded Labor

The term “bonded labor” refers to workers who render services under conditions of bondage arising from economic considerations, notably through a loan or advance. Where debt is the root cause of bondage, the implication is that the worker (and their dependants or heirs) is tied to a particular creditor for a specified or unspecified period until the loan is repaid (ILO, 2001:32). It is a systemized feature prevailing in certain sectors of society wherein advances are common and no work can be done withoutadvance or “Peshgi”. The Bonded Labor (Abolition) Act, 1992, puts it in the following way: The “Bonded Labor System” implies the system of forced, or partly forced labor under which a debtor enters or has, or is presumed to have, entered into an agreement with the creditor to the effect that, —

a) in consideration of an advance (peshgi) obtained by him or by any of the members of his family (whether or not such advance (peshgi) is evidenced by any document) and in consideration of the interest, if any, due on such advance (peshgi), or

b) in pursuance of any customary or social obligations, or

c) for any economic consideration received by him or any of the members of his family, he would.

Nature and Extent of Bonded Labor in the Brick Kilns 

Poverty is emphasized as being the root cause for accepting advances by the families of brick kiln workers and trapping themselves in bondage. It is also contended that contracts of bondage are accepted due to uncertainty, lack of employment stability, and absence of any social safety nets in Pakistan. As far as the origin of the bonded labor system is concerned, some analysts associate bonded labor with traditional patterns of land ownership, including the caste-based or personally bonded labor, which is secured by debt and which can frequently extend across generations. Others argue that bonded labor has also been a feature of recent trends in commercial agriculture, of both small and large scale, involving the debt-based attachment of casual and migrant workers. As far as the tackling of the issue of bonded labor is concerned, affordable credit, according to many, would weaken the linkage between debt and labor. Such a strategy may be useful in agriculture, fisheries, carpet weaving, or bangle making, where the worker can start an independent business. 

According to Ercelawn and Mitha, mere enforcement of existing labor laws, particularly the Minimum Wage Ordinance, Bonded Labor System (Abolition) Act, and Factories Act, will have mitigating effects. They, however, stress the need for organizing bonded labor and recommend an active role of NGOs in the efforts for the abolition and rehabilitation of bonded labor. The Brick Kiln Owners Association, on the other hand, is seriously thinking about the introduction of molding machines to replace brick-making workers.

The PILER identified that as many as 5000 brick kilns are concentrated in the province of the Punjab and around 6000 in the country. On the other hand, Bale (1998) estimated that there are approximately 7000 brick kilns in the country. A large population, widespread prosperity, continuing high public investment in infrastructure, plentiful clay, fine sand and water, and a large pool of landless labor, according to Ercelawn (2004), are important features and account for the concentration of brick kilns in the Punjab. Working hours are flexible, and families work from dawn to sunset. Brick making is piece-rated work; thus, the workers are paid based on the number of bricks they or their family prepare.

“No one shall be held in slavery or servitude.” Universal Declaration of Human Rights Article 4

“No one shall be held in slavery or servitude.”

Under the ILO Forced Labor Convention, 29 (1930) and Abolition of Forced Labor Convention, 105 (1957), the ratifying states are bound to eradicate forced labor in all its forms, including bonded labor. The Constitution of the Islamic Republic of Pakistan prohibits all forms of exploitation of its citizens.

“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).

There is no place for bondage. “Slavery is non-existent and forbidden, and no law shall permit or facilitate its introduction to Pakistan in any form. All forms of forced labor and the trafficking of human beings are prohibited. No child below the age of 14 years shall be engaged in any factory or mine or any other hazardous employment” (Article 11 (1-3).

The government must enforce national laws promptly, with Provincial Governments ensuring that Vigilance Committees function effectively. A specialised police force should be considered to implement existing laws. Perpetrators of bonded labour and abuse must be prosecuted to the full extent of the law, including state officials and police officers who enable these crimes. Additionally, penalties for bonded labour should be increased, and the offence made non-bailable in cases of repeat offenders, multiple victims, or prima facie evidence of violence.

The efforts of NGOs in addressing the issue of bonded labor have been significant. The Bonded Labor Liberation Front (BLLF), with the help of the Human Rights Commission of Pakistan, launched rallies, seminars, and symposia to create awareness by highlighting the atrocities of bonded labor during the late 80s. Both also coordinated in fighting a legal battle that went to the Supreme Court of Pakistan. BLLF was instrumental in pressuring the government to promulgate the Bonded Labor System (Abolition) Act 1992. The BLLF also ran around 200 Apna Schools for the children of the brick kiln workers. The spadework of the BLLF made the task easier for latecomers such as PILER and the Human Rights Commission of Pakistan. At present, a few NGOs can be found working in the field of bonded labor. However, it is difficult to find any in the brick kiln sector. 

The analysis shows that several agencies are working to eradicate bonded labor in the brick kiln sector, but their efforts remain isolated and uncoordinated. Trade unions have minimal involvement, NGOs need stronger participation, and government departments such as Labour, Home, Police, Social Security, and EOBI require restructuring and strengthening. A comprehensive plan is needed that addresses all aspects of bonded labor simultaneously. This plan should focus on economic recovery through fair wages, microcredit access, and freedom from advance-based debt. It should extend social protection schemes, including social security, healthcare, pensions, and Workers Welfare Board benefits, to brick kiln workers.

Educational reforms are also essential, including free and compulsory education for workers’ children, vocational training, adult education, and special emphasis on female education. Social uplift can be promoted through community organization, awareness programs, trade union formation, and worker participation in local governance. Furthermore, labor laws related to wages, social security, and bonded labor should be unified into a single law specifically for brick kilns to ensure effective enforcement. Access to microcredit, free education, and vocational opportunities should be provided through institutions like TEVTA and the Workers Welfare Board. Rather than requiring new funding, this strategy depends on better coordination, resource pooling, and improved management of existing governmental and non-governmental institutions to improve the living conditions of bonded labor families.

Despite the ratification of international conventions and the national laws in place, the issue of bonded labour continues to persist in Pakistan. The primary reason is the weak implementation of the law, which allows perpetrators to act with impunity. The observed gap between legal frameworks and their enforcement emphasises the need for a more robust and comprehensive approach to bonded labour. Addressing this challenge requires not only an effective implementation of the law but also collaborative efforts with NGOs and civil society to tackle root causes and enhance the effectiveness of anti-bonded labour initiatives.

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