New Delhi, February 17th, 2010

The National Human Rights Commission has directed the Government of Orissa to register an FIR against those who are responsible for the illegal confinement of 17 persons and many others under the pernicious custom of 'bartan', which is a manifestation of the bonded labour system.
The Commission gave these directions while hearing a case no. 13/18/2006-2007 registered on a complaint filed by Mr. Baghambar Pattanaik, Puri, Orissa. The complainant had alleged that 17 persons and many others are victims of 'bartan' prevailing in district Puri of the State.
The complainant had alleged that under the custom of 'bartan', the upper castes families in a village give an advance of a little quantity of paddy for each married male at a particular time of the year and in return, that person called 'sewak' has to render service to all the members of the family throughout the year without any remuneration.
The sewak is also required to wash the feet of the guests visiting the family and he has to perform many other menial jobs in case of a death or a marriage in the family. He is also required to perform many community services including removing the banana leaves containing the leftover meals.
Taking serious view of the issue the Commission has directed the State Authorities that after registering FIR they investigate the matter and initiate a legal action against the persons involved in the illegal confinement of fellow human beings and who are extracting forced labour from them under 'bartan'. It has also asked the State authorities to consider appropriate action against the officers who have failed to stop this illegal practice.
The Commission found the inquiry report furnished by the Collector of Puri on the issue factually incorrect that no 'bartan' system existed in the district. This has been proved wrong by the information made available under the signature of other Government functionaries in the district that there has been a kind of agreement they worked out between the upper caste families and sewaks for a little more quantity of paddy against their services under 'bartan'.
The Commission has given two months time to the State Authorities to submit action taken report. During the hearing the Collector of Puri and the Commissioner, Panchayati Raj were present before the Commission.

The Commission during the course of hearing the case has earlier observed that any custom which forces a person to wash the feet of another or to remove leaves containing left over food after community feast is against the human dignity and such practice must be abandoned. The State Government has the duty to abolish such customs, and it must ensure that the barbers and the washer men in the State be given sufficient remuneration for rendering these services by notifying minimum wages for them.
The Commission observed,"If the pledge of egalitarian society made in the Constitution of India is to be redeemed the public servant entrusted with the task of implementing social welfare legislation shall have to imbibe the values of justice, liberty, equality and fraternity enshrined in the Preamble of the Constitution. Unfortunately, in the present case the District Magistrate and the Collector, Puri appears to have turned a blind eye to the ignominy and ridicule heaped on the sewaks by the upper caste families in the district."
The Commission is of the view that "there can be no doubt that the practice of 'bartan' is a manifestation of the bonded labour system as defined in the Section 2g of the Act" (Bonded Labour System Abolishing Act).
The Act clearly says that bonded labour system means the system of forced, or partly forced labour under which a debtor enters, or has, or is presume to have, entered into an agreement to the creditor to the effect that by reason of his work in any particular castes or community he would render by himself or through any member of his family or any person dependent on him labour or service to the creditor for specified period or for an unspecified period, either without wages or for normal wages.
Therefore, the Commission said the stand taken by the Panchayati Raj Department of the Government of Orissa in its letter no. 3364 dated 8th April, 2004 is erroneous in saying that the barbers and washer men working in rural areas cannot be identified as bonded labour.
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