Law:

Section:

(a) Bonded Labour System (Abolition) Act (III of 1992)-------Ss. 2(a)(b), (c), (d), (e), 5, 6, 7, 8 & 11---Constitution of Pakistan (1973), Arts. 203-D, 9, 10, 11, 14, 15 & 18- Repugnancy to Injunctions of Islam---Brick kiln owners had assailed Ss.21 5, 6, 7, 8 & 11 of the Bonded Labour System (Abolition) Act, 1992 as being repugnant to Injunctions of Islam---Validity---Held, impugned definitions in 5.2, Bonded Labour System (Abolition) Act, 1992 i.e. "advance (peshgi)", "bonded debt", "bonded labour", "bonded labourer" and "bonded labour system" were not violative of Islamic Injunctions on the subject; on the contrary, these were intended to achieve the lofty ideals put forth by the Holy Qur'an and Sunnah of upholding the dignity of man in general and preservation/protection of the fundamental rights of working class in the society in particular---Likewise Ss. 5, 6, 7, 8 & 11 of the Act were not repugnant to the Injunctions of Islam as said provisions had been incorporated therein with the object of abolition of bonded labour in all its forms and manifestations---Islamic Injunctions on the subject and principles recorded---Federal Shariat Court, however, observed that the object for which the Bonded Labour System (Abolition) Act, 1992 was passed could not be achieved so far---Court provided guidelines for the purpose and directed that copy of the present be forwarded to the specified authorities. The Bonded Labour System (Abolition) Act, 1992, as a whole, was a beneficial statutory dispensation of vital importance as it was intended to curb and put to irreversible end the reprehensible institution of bonded labour not only in the brick kiln industry but also in other sectors in the country like Haris tenants-at-will, labourers in mining industry, glass bangle industry, tanneries etc. The Bonded Labour System (Abolition), Act, 1992 was passed by the legislature strictly in line with directives of the two s ofthe Supreme Court. By purporting to challenge the vires of the impugned provisions of the Act what the petitioners in the present case, really sought was the effacement of the binding effect of the two s, which was not permissible in law.…

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