Legal Case Summary

Case Details
Case ID 26299d12-ee65-4630-b3be-616e1f58f8ee
Body View case body.
Case Number Human Rights Case No. 5091 of 2006
Decision Date Oct 20, 2006
Hearing Date
Decision The Supreme Court of Pakistan ruled that the Brick kiln owners had illegally confined 18 persons, including minors, denying them their fundamental rights. The court found that the Bonded Labour System (Abolition) Act of 1992 was inadequate to ensure fundamental rights. The police were directed to recover the detained persons, which was successfully executed, and the detainees were ordered to be set free. The court emphasized the need for stricter laws to protect laborers from bonded labor and recommended that the law be reviewed for more effective enforcement. The case highlighted the ongoing issue of illegal detention and exploitation of laborers in brick kilns and urged provincial governments to implement stricter monitoring and reporting mechanisms.
Summary This case involves the Supreme Court of Pakistan's decision regarding the illegal detention of 18 individuals, including minors, by brick kiln owners. The court addressed the inadequacies of the Bonded Labour System (Abolition) Act of 1992 in protecting fundamental rights. The court ordered the police to recover the detained individuals, leading to their successful retrieval. The decision underscored the necessity for more stringent laws to combat bonded labor practices and called for a review of existing legislation to better safeguard laborers' rights. The ruling also highlighted the importance of accountability and regular monitoring of labor conditions in brick kilns across the provinces, aiming to eliminate illegal detention and exploitation of workers. The court's proactive stance aims to ensure that such violations do not recur, advocating for the welfare of laborers and the enforcement of their rights under the constitution.
Court Supreme Court of Pakistan
Entities Involved Labour Department, Brick kiln owners, DPO Muzaffargarh
Judges IFTIKHAR MUHAMMAD CHAUDHRY, C.J., MUHAMMAD NAWAZ ABBASI, J.
Lawyers Mr. Abdul Sadiq, ASC
Petitioners Fazal Hussain
Respondents Rahim Bakhsh, Mehmood Khan
Citations 2007 SLD 3307, 2007 PLJ 358
Other Citations PLD 1990 SC 513
Laws Involved Bonded Labour System (Abolition) Act, 1992
Sections 5