Bonded Labour Crisis: NHRC Slams Punjab Government's Flawed Probe

Bonded Labour Crisis in Moga Sparks NHRC Fury

A human rights crisis that captured national attention last month has taken a dramatic turn, with the National Human Rights Commission (NHRC) delivering a sharp rebuke to the Moga district administration. The NHRC has accused the Moga authorities in Punjab of conducting a flawed investigation into the alleged enslavement of 56 bonded labourers, including women and children, at Sandhu Brick Kiln Industries in Patti Sandhuan village, Moga.

Jeffin Kaleekal of The Probe in conversation with Nirmal Gorana, Convenor, National Campaign Committee for Eradication of Bonded Labour (NCCEBL) | Videography: Aditya Jyoti Borah

The Probe has accessed the NHRC’s letter, dated February 28, 2025, which demands a thorough re-examination of the case. In its communication to the Punjab Labour Commissioner and the Moga District Magistrate, the Commission noted that the report from the Additional District Magistrate, Moga, is riddled with numerous loopholes and is misleading.

The saga unfolded in January 2025 when Ankush Kumar, a 26-year-old bonded labourer risked his life and escaped from the brick kiln in Moga to inform The Probe about the plight of 56 individuals—including women and children—trafficked from Uttar Pradesh to Punjab. Another bonded labourer, Arvind Kumar, also fled the Moga brick kiln to speak with The Probe. In his video interview, Kumar revealed that around 19 children, along with their families, were being forced to work against their will at the kiln. The Probe teamed up with Nirmal Gorana, Convenor of the National Campaign Committee for Eradication of Bonded Labour (NCCEBL), and met several more rescued bonded labourers in Banhera Khas village, Saharanpur, Uttar Pradesh. This visit enabled us to trace the missing bonded labourers from Saharanpur.

Meanwhile, Gorana sent a letter to the NHRC outlining the dire situation of the bonded labourers in Moga, who were working at Sandhu Brick Kiln Industries. Gorana’s letter included comprehensive details, listing the names of all 56 bonded labourers from 10 families and specifying the advances each family had allegedly received from the brick kiln owner. Some had taken as little as 10,000 rupees, pledging themselves and their entire families to work at the kiln without pay for months, according to Gorana. 

All the labourers, members of the Scheduled Caste (SC) community, were allegedly subjected to grueling work without wages to repay debts. The Probe’s January investigation and Gorana’s letter to the NHRC spurred a rescue operation by the Moga district administration. As a result, in the first week of February, 46 labourers from eight families were freed, though two families remained unaccounted for. During the rescue, the Moga district administration recorded statements from the bonded labourers, including children, who clearly described the grueling conditions and human rights violations they had endured for so long.

Yet, the Moga administration’s action taken report, submitted on February 6 by the Additional District Commissioner (ADC), was filled with misleading information. The ADC reported that a five-member committee, including representatives from the DSP’s office, Moga, Civil Surgeon Moga, ALC Moga, and the District Child Protection Officer, Moga, visited the brick kiln in question. All 56 members from 10 families were identified, though two families were absent, having left the site of their own accord. Statements were recorded from the remaining eight families present at the kiln. The household heads expressed their desire to return home, requesting they be sent back after receiving outstanding wages for their work. The ADC claimed that, based on these statements, the committee concluded the families named in the complaint were not held as bonded labourers at the kiln.

The NHRC, however, isn’t convinced. In a strongly worded letter to the Punjab government, the commission dismantled the report’s credibility. “The report has several loopholes and is misleading,” wrote Assistant Registrar Brijvir Singh from the NHRC, questioning how the committee could dismiss bonded labour without verifying compliance with labour laws or confirming payment of outstanding wages. The committee hurriedly sent all families back to their homes without determining whether the labourers had received their due wages.

The NHRC expressed dissatisfaction with the inquiry conducted by the committee, noting its apparent “lack of expertise in labour laws” and criticising the Moga administration for concluding the workers were not bonded labourers despite their claims of unpaid dues. The commission emphasised that bonded labour, by definition, involves forced work without wages or to repay debt—conditions the labourers themselves alleged. It has demanded answers by April 7 on seven critical points, including whether the kiln was licensed, wages were paid, and basic amenities like schooling and healthcare were provided.

The Commission in its letter asked the Moga administration to forward legible copies of the wage register, muster roll, wage slips, and copies of registers required under various labour legislations (Payment of Wages Act, Contract Labour (Regulation & Abolition) Act, Inter-State Migrant Workmen (Regulation of Employment & Conditions of Service) Act). In the absence of these mandated documents and the benefits required by law, the District Magistrate is obligated to presume that the labourers are bonded labourers.

It further questioned whether the brick kiln owner complied with all provisions of the Minimum Wages Act, 1948, and its associated rules. If not, what actions were taken? Were the labourers provided with basic amenities such as schooling for children, medical and healthcare services, food, water, sanitation/toilets, and proper accommodation by the employer? Beyond these, were the released bonded labourers granted benefits under government welfare schemes like MGNREGA, housing, ration cards, and education, as outlined in the Ministry of Labour and Employment’s directive dated May 18, 2016? Was the Vigilance Committee, mandated under Section 13 of the Bonded Labour System (Abolition) Act, 1976, constituted? If not, why? If it is operational, since when? Did members of the Vigilance Committee from SC and ST communities accompany the team? If not, the reasons must be explained, the NHRC asserted in its letter.

"This is a Travesty of Justice"

“This is a travesty of justice,” said Nirmal Gorana, convener of the NCCEBL and the complainant who initially brought the case to the NHRC’s attention. “These families were trafficked, exploited, and now abandoned by a system meant to safeguard them. The administration’s haste to exonerate itself has deprived them of justice and rehabilitation,” Gorana told The Probe.

Gorana elaborated: “Two bonded labourers told The Probe on camera that they escaped to seek help. All the bonded labourers approached me and requested our organisation’s support for their rescue. We even obtained videos from inside the brick kiln showing some of them pleading for assistance. Children were being forced into labour there. The brick kiln owner withheld wages, prevented them from leaving, and compelled them to work for free. Some labourers reported physical and verbal abuse and being forced to work against their will without pay. Why did the Moga district administration choose to whitewash this case and declare them not bonded labourers? Clearly, the government wants to conceal the disgrace that such a shameful bonded labour system existed in their jurisdiction. What about justice for these impoverished labourers?” Gorana questioned.

The NHRC’s intervention highlights a systemic failure. Bonded labour, prohibited under the Bonded Labour System (Abolition) Act of 1976, persists as a widespread scourge in India, often concealed by debt traps and informal employment. The Moga case exemplifies this pattern: families enticed by agents with advance payments, only to be trapped in perpetual servitude. Yet, the administration’s response reflects a disturbing trend—recasting such cases as mere labour disputes rather than human rights violations, a strategy experts say evades accountability and the issuance of release certificates.

The Commission’s critique poses sharp questions. Did Sandhu Brick Kiln Industries possess a valid license? Were wage registers, muster rolls, or other required records kept? The NHRC contends that the absence of such documentation should legally presume bonded labour. Furthermore, the committee neglected to verify whether the labourers received their dues before being sent away—an oversight that risks driving them back into exploitation. “Sending them home without wages or support isn’t rescue; it’s abandonment,” Gorana stated.

Children, the most vulnerable in this crisis, remain a critical concern. The NHRC had mandated their immediate rescue and presentation to the Child Welfare Committee under the Juvenile Justice Act and Child Labour Act. However, the Moga report skirts their fate, providing no evidence of rehabilitation or safeguards against further trafficking—a blatant breach of the NHRC’s directive.

The rescued families, now returned to Uttar Pradesh, confront an uncertain future without government assistance such as MGNREGA benefits, housing, or ration cards, which the NHRC insists must be provided under a 2016 Ministry of Labour scheme. “Rescue is meaningless without rehabilitation,” Gorana stressed. 

“These families need a lifeline, not just a truck ride home. The administration’s denial shields the powerful—kiln owners, contractors, and a corrupt supply chain—while the poor are left to fend for themselves. The Moga district administration should have recorded the statements of each labourer and soon after the rescue, they should have issued release certificates to the bonded labourers. This could have helped them get access to rehabilitation packages from the government. Instead, the district administration decided to hide the existence of such a heinous crime in their jurisdiction. This will yet again push these rescued labourers into the vicious cycle of bondage,” stated Gorana.

The Moga administration has stayed silent, with the District Magistrate unavailable for comment as of March 4. Meanwhile, Sandhu Brick Kiln Industries has issued no public statement, leaving the owner and agents unaccountable—for the moment.

The NHRC’s April 7 deadline looms as a critical test of whether Punjab will uphold justice or persist in evasion. As the commission probes further, the Moga bonded labour crisis serves as a grim reminder: modern slavery flourishes not only in brick kilns but also in the shadows of bureaucratic indifference. For the 46 rescued—and the 10 still unaccounted for—the struggle for dignity remains far from resolved.