सव भव तु सिखनः ु Annual Report 2022-23 working at the kiln had no complaints regarding their wages or payments from the owner. The report menoned a conflict among the women, which led to the complaint being filed. Subsequently, all the labourers were sent back to their village a er se ling all their dues, with police presence. The report concluded that the labourers could not be classified as "bonded labourers". However, it was revealed that the owner was opera ng the brick kiln without the required license and had violated other labour laws. The District Magistrate of Alwar, Rajasthan, in his report confirmed that the vic ms had returned to their homes under police escort. Upon examina on, the vic ms revealed that they had only been paid for their food expenses and had not received their wages. The Commission found the report submi ed by the District Magistrate of Palwal, Haryana, to be inadequate. It observed that instead of conduc ng an inquiry under the Act, the Naib Tehsildar simply sent the vic ms home with police escort without ensuring the payment of their wages. The report indicated an a empt by the District Magistrate, Palwal, and his subordinates to cover up the omissions and commissions of their officers. The report from the District Magistrate of Alwar made it clear that the vic ms had not received their wages and were sent back to their na ve place in Rajasthan without taking any legal ac on or providing relief. The report did not address the issue of bonded labour. In cases where the brick kiln owner failed to maintain records as required by the Minimum Wages Act and other labour laws, a presumpon of bonded labour should have been established, as per the Supreme Court's Bandhua Muk Morcha case. However, this presump on was ignored by the officers conduc ng the inquiry. The Commission also noted that the report did not address the payment of past wages to the released Dalit bonded labourers, and they had not received even the immediate interim relief under the Central Sector Scheme of the Government of India. The inac on of the State Authori es in providing relief and rehabilita ng the released bonded labourers was evident. This case illustrated how the objec ves of social welfare legisla on were being defeated by law enforcement authori es in viola on of laws and various landmark judgements of the Supreme Court of India. The Commission observed that this was not an isolated case, and the State of Haryana 64 received a large number of migrant bonded labourers, many of whom belonged to Scheduled Castes. The Commission recommended a review of NHRC Case File No. 396/7/3/2018-BL, sta ng that the no fica on issued by the Labour Department of the Government of Haryana contradicted Indian laws and needed revisi ng. This no fica on had likely prevented the rehabilita on of any vic ms and had not led to a single summary trial since its issuance. The Commission expressed concern about the poten al impact on the Central Sector Schemes of 2016 and 2021 and their objec ves. The Commission discussed Sec on 21 of the Bonded Labour System (Aboli on) Act, 1976, which dealt with trying offences before Execu ve Magistrates. However, a Full Bench of the Madhya Pradesh High Court had previously held that this provision violated certain ar cles of the Indian Cons tu on. They determined that trials for offenses under the Act couldn't proceed before the Sub-Divisional Magisrate. This decision was a result of a Division Bench's ruling, in which agriculturists charged under the Act had sought to transfer their cases to a Judicial Magistrate for a fair trial and had challenged the cons tu onal validity of the Act, 1976. Also, in the case of Ram Deo Chauhan vs. Bani Kanta Das [(2010) 14 SCC 209], the Supreme Court clarified that the Na onal Human Rights Commission (NHRC) cannot act as a parallel judicial authority to amend or comment on orders issued by the courts of competent jurisdic on. As a result, the Commission decided not to intervene further and recommended that the complainant seek legal remedies if desired. The case was closed on 07 September 2022. 7.12 Rights of Scheduled Castes/ Scheduled Tribes/ Other Backward Classes/ Other Minori es and Issues of Manual Scavenging 7.12.1 The Scheduled Castes (SCs), Scheduled Tribes (STs), along with Other Backward Classes (OBCs), minori es and marginalised are some of the most disadvantaged groups in India. Their vulnerability and marginalisa on o en put them at a disadvantage when accessing fundamental needs like educa on, gaining employment and other life opportuni es. Chapter 7 - Thematic Areas