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PROJECT REPORT ON BONDED LABOUR
NATIONAL HUMAN RIGHTS COMMISSION, NEW DELHI Page 1
CHAPTER 1
INTRODUCTION TO BONDED LABOUR
Bonded Labour is still a very grave social evil that requires to be tackled in earnest. Abolition of
forced labour falls under part III of our constitution dealing with fundamental rights. Further,
India is a signatory to a number of conventions of the International Labour Organization and the
United Nations that forbid forced labour, slavery and slave trade. The Bonded Labour System
(Abolition) Act, 1976 aims to eradicate the evil totally. Under the Act, a number of initiatives
have been taken up by the Government and Non-Government Agencies. But the enthusiasms and
zeal of the initial years are not being witnessed at present. Only a handful of organizations in
different corners of the country are struggling to secure justice to bonded labour. The
government at present seems to be totally silent in the issue. The National Human Rights
Commission has been entrusted with the task of monitoring the implementation of the Act on
Bonded Labour by the Supreme Court in 1997. In spite of its various efforts, the apathy of the
government seems to be getting more entrenched.
We are at a critical juncture where we require to asses our interventions so far on bonded labour
and plan anew for the future course of action. This necessitates taking stock of the situation on
bonded labour in India by pooling the rich experiences and learnings of the past involvement.
The NGO’s still active on the issue and other individuals having a deep concern for it are also
required to think of new alternatives to tackle the issue. In this context, it’s essential to take note
of the clarities provided by the various judgments of the higher court, especially the Supreme
Court. The various commissions and committees setup by the government on Rural Labour,
Bonded labour and Unorganized Labour have come up with very good reports and
recommendations on how best to tackle the evil. The National Human Right Commission,
constituted a committee to make suitable recommendations on Bonded Labour
A. CONCEPT OF BONDED LABOUR
Bonded labour is a stigma on human society and the worst form of exploitation characterized by
a creditor-debtor relationship that a labourer often passes on to his family members, bonded
PROJECT REPORT ON BONDED LABOUR
NATIONAL HUMAN RIGHTS COMMISSION, NEW DELHI Page 2
labour is typically of an indefinite duration and involves illegal contractual stipulations.
Contracts deny an individual the basic right to choose his or her employer, or to negotiate the
terms of hisor her contract. Bonded labour contracts are not purely economic; In India, they are
reinforced by custom or coercion in many sectors such as the agricultural, silk, mining, match
production, and brick kiln industries, among others.
The expression ‘Bonded Labour System’ is defined in the Bonded Labour System (Abolition)
Act 1976 so as to bring within its scope all sorts of practices of bonded labour and exploitation.
The Supreme Court has made it clear by stating that ‘every form of forced labour, beggar or
otherwise is within the ambit of Article 23 and it makes no difference whether the person who is
forced to give his service is remunerated or not. Even if remuneration is paid the labour supplied
by a person would be hit by Article 23 if it forced labour i.e. labour supplied is against his will
and wish and is involuntary as a result of force and compulsion. Any factor which deprives the
person of his own choices and alternatives or compels him to adapt one particular course of
action may probably be regarded as forced labour.
Thus the word ‘force’ must therefore not only include physical force or legal force but force out
of compulsion of economic circumstances, which leave no choice of alternatives and compels
him to provide labour or service, even though the remuneration received for it is less than the
minimum wage.
“Where a person provides labour or service to another for remuneration which is less than the
minimum wage the labour or service provided by him clearly falls within the scope and ambit of
Article 23.
The SC further made it clear ‘that whenever it is found that any workman is forced to provide
labour for no remuneration, the presumption is that he is a bonded labourer, unless the employer
or the state government is in a position to prove otherwise, by rebutting such presumptions.
The bonded labour system is social system. This system constitutes the lowest class of
agricultural and other labourers who even after 62 years of independence are still being exploited
in one form or the other. The bondage through obligation may include debt bondage attachment
to land, attachment to house site or customary obligation. In case of debt obligation, a labour
usually takes a loan or advance from an employer, and in consequence thereof he mortgages his
PROJECT REPORT ON BONDED LABOUR
NATIONAL HUMAN RIGHTS COMMISSION, NEW DELHI Page 3
labour with that particular employer until the loan is repaid. Many a times the loan involves
interest as well. His wages are fixed in such a manner that he can hardly meet both ends and is
not in a position to pay back the loan. This way the situation of debt bondage ties a labour to a
particular master and he is not in a position to come out of the dominion of his employer.
The other type of bondage through obligation is attachment to land. The labourer is given a piece
of land to cultivate and is required to share the produce with the master. The value of the share of
the produce from the land is much below the minimum wage though the labourer renders his
service to the employer for the entire year at his back and call. Since the income received from
the land is not enough to meet the daily requirements of the labourer, he had to contract loans
from the employer for consumption, customary practices and social ceremonies like marriage,
death etc. as he has no capacity to pay back thus the loan is then paid back by forcing the same
labourer to render his services till the amount is fully repaid.
The other type of obligation for which the labourers are bonded is by way of getting homestead
plot in master’s land. In lieu of that the labourer is required to work for his master whenever he
needs it. The wages given to him for work are just nominal and not enough to meet his bare
minimum requirements.
The customary obligation also forces people of low castes and tribes to perform certain
customary services to the upper caste such as carrying the dead animal, burning the dead, beating
the drum during birth and funeral etc. such type of obligations such type of debt bondage is
perpetuated on inter generation basis.
The entire framework of this system has its roots in the socio-economic conditions of our
country, poverty, caste system, zamindari system etc.
B. DEFINITIONS OF BONDED LABOUR
The term bonded labour is not capable of any precise definition. But through its various
judgments, Supreme Court has given a very broad, liberal and expansive interpretation of the
definition of the bonded labour. According to the interpretation given by the apex court, where a
person provided labour or service to another for remuneration less than the minimum wage, the
PROJECT REPORT ON BONDED LABOUR
NATIONAL HUMAN RIGHTS COMMISSION, NEW DELHI Page 4
labour or service falls clearly within the scope and ambit of the words forced labour under the
constitution.
Some of the interpretations and definitions are as follows:
Forced Labour Convention, 1930 (No.29[Article 2(i)]
The term forced or compulsory labour shall mean all work or service, which is exacted,
from any person under the menace of any penalty and for which the said person has not
offered himself voluntarily.
Universal Declaration of Human Rights:
On December 10, 1948, the General Assembly of the United Nations adopted and
proclaimed the Universal Declaration of Human Rights. Article 4 says: “No one shall be
held in slavery or servitude; slavery and slave trade shall be prohibited in all their
forms.”
UN Supplementary Convention on the Abolition of Salary(1956):
Under this Convention debt bondage is defined as “the status or condition arising from a
pledge by a debtor of his personal service or those under his control as security for a debt,
if the value of those services as reasonably assessed is not applied toward the liquidation
of the debt or the length and nature of those services are not respectively limited and
defined”.
As per ILO Report on Stopping Forced Labour(2001):
The term(Bonded Labour) refers to a worker who rendered service under condition of
bondage arising from economic consideration, notably indebtedness through a loan or an
advance. Where debt is the root cause of bondage, the implication is that the worker(or
dependents or heirs) is tied to a particular creditor for a specified or unspecified period
until the loan is repaid.
Definition pursuant to the Bonded Labour System(Abolition) Act,1976 has been
discussed in Chapter 4.
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NATIONAL HUMAN RIGHTS COMMISSION, NEW DELHI Page 5
On reading all the above definition we can say that the bonded labour system which
has continued to exist in the country has the following features:
1. A bonded labour is one who mortgages his labour for money or kind or both.
2. The wages are paid in advance, partially or entirely.
3. A bonded labour has to work with his creditor until the debt is paid back.
4. Bonded labour does not necessarily belong to a particular case or community but it
depends upon poverty and helplessness of the labour
5. The agreement between the labour and the creditor usually relates to the period of
work, nature of work, amount of work and mode of payment. Contract may be oral as
well.
6. During the period of the contract, a bonded labour is paid nominal wages which are
lower than prescribed wages.
7. A bonded labour is not entitled for holidays. If he absents himself he has to
compensate for it by doing extra work.
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NATIONAL HUMAN RIGHTS COMMISSION, NEW DELHI Page 6
CHAPTER 2
CAUSES OF BONDED LABOUR SYSTEM
Bonded labour is a stigma in the society. It has its roots in the past and has been an age old
problem for the Indian society. The root cause of bonded labour in India is its socio-economic
conditions. It is an outcome of poverty, illiteracy and physical and economic dependence. The
rise of the bonded labour system could be traced to the economic compulsions arising out of
unemployment, indebtness, rural poverty, landlessness, caste systems, social customs, population
explosion, hunger, and malnutrition.
A. RURAL UNEMPLOYMENT:
It is a fact that rural workers are not employed 365 days of the year. In the agricultural sector the
work is only found maximum for 120 days during which workers are employed. This is also
known as seasonal bondage i.e. when the workers are employed only during the peak time of the
agricultural season. On the remaining days the workers remain out of work without any wages.
For a large part of the year, agricultural workers from all over the country do not find work on
agriculture and even on days when they work they get wages which are way below the minimum
wage level. They either starve or they take loans as a result of which they are forced to enter the
system of bonded labour in order to repay the loan taken.
1. Unemployment and under employment are the two main causes of bondage
2. The other causes such as social evils, superstitions, illiteracy etc. are secondary cause
3. Factors like birth, death, remarriage, sickness in the family and festivals etc. add to the
injury and push them to indebtness
4. The result is that unemployment and underemployment are pushing the helpless workers
towards bonded labour system
5. Integrated Rural Development Programme, National Rural Employment Programme, Rural
Landless Employment Guarantee Programme etc. have all been initiated in order to
eliminate poverty and help the workers raise their standard of living by providing some self
employment schemes.
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NATIONAL HUMAN RIGHTS COMMISSION, NEW DELHI Page 7
B. CASTE SYSTEM:
1. The problem of bonded labour cannot separate from casteism. It is basically a product of the
economic structure where ownership is given more importance than work and which considers
a section of the society to be slaves of the rest. It is on the basis of this unequal ownership of
means of production and privilege of being born in a higher caste that the oppressive structure
is built. The majority of the bonded labour belongs to the lower caste.
2. The Hindu caste structure mentioned four classes- Brahmin, Kshatriyas, Vaishya and Shudra.
Out of these the lowest were the shudras also known as the ‘untouchables’ and were always
treated as the servants of the higher castes and subjects to the atrocities of the upper castes. All
the heinous and dirty jobs were done by them and they belonged to the slave category. They
were to serve the upper three classes.
3. The institution of caste has evolved economic class distinction.
4. Caste system functions as a system of passing on the bondage from one generation to another.
C. RURAL INDEBTEDNESS, LANDLESSNESS:
1. The bonded labour system is also a direct outcome of the rural indebtedness. The
impoverished rural workers are unable to sustain themselves and their families.
2. In Indian rural society one does not get the status of a man unless he has a piece of a land of
his own. Ownership and dominion over the land are considered to be the determinant
factors of the social status in the economy. Few have small pieces of land which are not
enough for their survival and sustenance. And many have lost these lands as a result of
indebtedness, manipulation by landlords etc.
3. Being deprived of any possessions and not being able to offer securities, the landless
peasants cannot participate in the institutional banking system.
4. For the purpose of consumption and social ceremonies they depend upon private money
lenders. These private money lenders are always in search of cheap labour and draw the
poor workers into the system of bondage.
5. The land reforms initiated by the states have failed to produce desired results. As a result
there is a situation of growing landlessness. Every year thousands of workers join the ranks
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NATIONAL HUMAN RIGHTS COMMISSION, NEW DELHI Page 8
of landless agricultural labourers. The landlessness coupled with indebtedness is pushing
the poor into bondage.
6. Economic concentration and unequal distribution of material resources of the country are
responsible for the continued system of the bonded labour. The result is that different types
of bondage system exist in India today.
D. POPULATION EXPLOSION, HUNGER AND MALNUTRITION:
1. Population explosion entails a host of adverse consequences. Advancements in technology,
science, and medicine have brought up dramatic and qualitative change in living standards.
Life expectancy has gone up considerably with the effective control of incidence of mortality
from many fatal ailments.
2. Over 750 million people are chronically under-nourished, suffering from hunger at varying
scale; this is because people cannot grow food or buy food.
3. The number of people dependent on land has increased by 42 million between 1990-1991 and
1999-2000, this means a serious imbalance between the number of additional mouths to be
fed and the quantity of food grains produced and physically available for actual consumption.
4. Large population in India is not hungry because of scarcity of food but as they simply do not
have the purchasing power to buy food; therefore have to turn to landlords, moneylenders and
others who can provide them with the wherewithal for food.
5. 50 percent of the world’s malnourished children are in India, Pakistan, and Bangladesh.
Prevalence of malnutrition is on account of lack of adequate access to food, deficiency of safe
and potable drinking water, poor sanitation and environmental hygiene, and absence of
primary health care.
Human bondage also represents deprivation of the worst form. Hunger and malnutrition
represent denial of food security just as bondage also is a denial of freedom, security, dignity,
and decency of the bonded person. It will be fairly correct to connect population explosion to
these abominable phenomena. Imperative is a correct understanding of the causes and
consequences of these deleterious phenomena in a holistic perspective
PROJECT REPORT ON BONDED LABOUR
NATIONAL HUMAN RIGHTS COMMISSION, NEW DELHI Page 9
CHAPTER 3
CONSTITUTIONAL IMPERATIVES AND LEGISLATIONS APART
FROM THE BONDED LABOUR SYSTEM (ABOLITION) ACT,
1976
A. FUNDAMENTAL RIGHTS
The Constitution of India, which is the supreme law of the country, has conferred various
Fundamental Rights to its citizens. These fundamental rights have been enshrined in Part III of the
Constitution of India. Since human rights are an umbrella of rights and are inclusive of fundamental
rights, Part III can also be associated with the concept of Human Rights. Human liberty and dignity
have been essentially preserved in Article 21, Article 23 of the Constitution of India.
Article 21: “Protection of Life and Personal Liberty”
“No person shall be deprived of his life or personal liberty except according to procedure
established by law.” Personal liberty means right of locomotion1, of changing directions or
moving one’s person to whatever place one’s own inclination may desire.
Article 23: “Right against Exploitation”
Prohibition of traffic in human beings and forced labour -
1. Traffic in human beings and begar and other similar forms of forced labour are prohibited and
any contravention of this provision shall be an offence punishable in accordance with law
2. Nothing in this article shall prevent the State from imposing compulsory service for public
purpose, and in imposing such service the State shall not make any discrimination on grounds
only of religion, race, caste or class or any of them.
1 Satwant Singh Sawhney v. D. Ramarathnam AIR 1967 SC 1836
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NATIONAL HUMAN RIGHTS COMMISSION, NEW DELHI Page 10
The judgment of People's Union for Democratic Rights V. Union of India2 has laid down an
analysis of the terms bonded labour and forced labour. Justice Bhagwati opined:
“The word "begar" in Article 23 is not a word of common use in English language, but a word
of Indian origin which like many other words has found its way in English vocabulary. It is a
form of forced labour under which a person is compelled to work without receiving any
remuneration. Begar is thus clearly a film of forced labour.”
The Honourable Supreme Court further said that:
"We are, therefore, of the view that when a person provides labour of service to another for
remuneration which is less than the minimum wage, the labour or service provided by him
clearly falls within the scope and ambit of the words "forced labour" under Article 23 (of the
Constitution of India)."
'Force' which would make such labour or service 'forced labour' may arise in several ways. It
may be physical force which may compel a person to provide labour or service to another or it
may be force exerted through a legal provision such as a provision for imprisonment or fine in
case the employee fails to provide labour or service or it may even be compulsion arising from
hunger and poverty, want and destitution. Any factor which deprives a person of a choice of
alternative and compels him to adopt one particular course of action may properly be regarded
as 'force' and if labour or service is compelled as a result of such 'force', it would be 'forced
labour'.
B. DIRECTIVE PRINCIPLES OF STATE POLICIES
The directive principles guide the legislature in policy making. These are stated in Part IV of the
Constitution. Article 42 and Article 43 state the duty of the state in preserving the liberty of
citizens at work.
2 Union for Democratic Rights V. Union of India, (1982) 3 SCC 235. Hereinafter referred as Asiad Case
PROJECT REPORT ON BONDED LABOUR
NATIONAL HUMAN RIGHTS COMMISSION, NEW DELHI Page 11
Article 42: Provision for just and humane conditions of work and maternity relief the State
shall make provision for securing just and humane conditions of work and for maternity relief.
Article 43: Living wage, etc, for workers The State shall Endeavour to secure, by suitable
legislation or economic organization or in any other way, to all workers, agricultural, industrial
or otherwise, work, a living wage, conditions of work ensuring a decent standard of life and
full enjoyment of leisure and social and cultural opportunities and, in particular, the State shall
endeavour to promote cottage industries on an individual or co operative basis in rural areas.
C. INDIAN PENAL CODE
Section 374 of the IPC is: Unlawful compulsory labour.-Whoever unlawfully compels any
person to labour against the will of that person, shall be punished with imprisonment of either
description for a term which may extend to one year, or with fine, or with both.
This section is intended to put a stop to the practice of forced labour. It requires –
1. Unlawful compulsion of any person
2. The unlawful compulsion must be to labour against the will of that person.
This section is aimed at the abuses arising from forced labour which ryots were in former times
compelled to render to great landholders. Pressing into service a forced labour is an indictable
offence under Section 374, I.P.C. this Section runs on the line of Article 23 of the Constitution.
D. SCHEDULED CASTES AND SCHEDULED TRIBES (PREVENTION OF ATROCITIES)
ACT, 1989
Section 3(1)(vi) protects scheduled castes and scheduled tribes against bonded labour. According
to the said section:
3(1)Whoever not being a member of the Scheduled Caste or a Scheduled Tribe -
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NATIONAL HUMAN RIGHTS COMMISSION, NEW DELHI Page 12
(vi) compels or entices a member of a Scheduled Caste or a Scheduled Tribe to do ‘begar’ or
other similar forms of forced or bonded labour other than any compulsory service for public
purposes imposed by Government.
E. INSTANCES CONSTITUTING FORCED LABOUR OR BONDED LABOUR
1. Non-payment of minimum wages amounts to “Begar” within the meaning of Article 23,
Constitution and also an offence under Section 374, Indian Penal Code.3
2. Where the workers working under contract labour were coerced to do the work of handling
urea manually without adequate safeguards in the Fertilizers Company for protection of
hands and some burn injuries were visible on some workmen, the labour employed would be
“forced labour” contravening the provisions of Article 23.4
3. When a person is prohibited from refusing to render services to another merely on the ground
that the latter belongs to a scheduled caste, he is not thereby subjected to forced labour
similar in form to begar.5
4. The fact the person has contracted to perform the service will not in any way affect the
question whether it is forced labour or voluntary labour. Compelling a person to work even
for remuneration on terms proposed by the management may amount o forced labour.6
5. When a person enters into a contract to perform certain services, it will not amount to forcing
him to perform any service if he is only held to his civil liability under the contract. 7
6. If a person borrows money from another under an arrangement by which he undertakes to
repay the loan in the form of labour or service, he cannot be said to be subjected to forced
labour or involuntary servitude. He can always quit the service in spite of his contract and
making himself liable to damages for breach of contract. The test is whether the law can
compel him to physically perform the services without any option of paying damages for
breach of contract.8
3 2000 SCC(L&s) 399 (401) 4 AIR 1984 Guj 102 (104) 5 State Through Gokul Chand vs Banwari And Ors. on 24 January, 1951, AIR 1951 All 615 6 Bailey V. Alabama, (19111) 219 US 219 (242,243) 7 AIR 1956 Manipur 41 (42) 8 (1905) 197 US 207 (216): 49 Law Ed 726, (Clyatt V. United States)
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NATIONAL HUMAN RIGHTS COMMISSION, NEW DELHI Page 13
7. Clause(2) expressly reserves the power of the State to impose compulsory service for public
purposes.9 The only authority which can compel a citizen to render publlic service under
Clause (2) of this Article is the State and not a public servant. The phrase "public purposes"
must include an object or aim in which the general interest of the community as opposed to
particular interests of individuals is directly and vitally concerned.10
8. Services required to be rendered by the teachers towards census, election, preparation of
ration cards or family planning, other than teaching, are "for public purpose" and services
rendered cannot be termed as Begar and even if no compensation is paid , this does not
Article 23.11
9 Atma Ram Budhia v. State of Bihar, AIR 1952 Pat 359 (366) (SB) 10 State of Bihar v. Kameshwar Singh, AIR 1952 SC 252(290) 11 Devendra Nath Gupta And Ors. vs State of M.P. and Ors, AIR 1983 MP 172 (176)
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NATIONAL HUMAN RIGHTS COMMISSION, NEW DELHI Page 14
CHAPTER 4
THE BONDED LABOUR SYSTEM (ABOLITION) ACT, 1976
LEGAL PROVISIONS IN THE NATIONAL CONTEXT
India has consistently maintained an active approach towards the issue of forced or bonded
labour in the country. It recognizes their evil system as a gross infringement of fundamental
human rights of affected citizens and has been committed to its total eradication in shortest
possible time.
The issue of ‘bonded labour’ came to forefront at the national level when it was included in the
old 20-Point Programme announced to the nation by the then Prime Minister – Smt. Indira
Gandhi on 1.7.75.Thereafter based on the Constitutional provision, ‘The Bonded Labour System
(Abolition) Ordinance’ was promulgated on 25.10.1975 which was subsequently replaced by
The Bonded Labour System (Abolition) Act, 1976 but effective from 25.10.75, the date when the
Ordinance had been promulgated.
Any person who was a bonded labourer on 25th October 1975 stood freed and discharged from
any obligation to render bonded service and repay debt with effect from this date. He is to be set
at liberty regardless of loans/debts/advances he might have owed to
landlord/moneylender/bonded labour keeper.
The Bonded Labour System (Abolition) Act has a Statement of Objects and Reason, 7 chapters
and 24 sections as its substantive content. It can be broadly divided into the following:-
Definition
Consequences which follow the date of commencement of the Act.
Relief to the aggrieved
Structure of implementing authorities
Legal and penal provisions.
These are analyzed seriatim as below:
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NATIONAL HUMAN RIGHTS COMMISSION, NEW DELHI Page 15
A. DEFINITION
The Act defines advance, agreement, ascendant or descendant, bonded debt, bonded labour,
bonded labourer, bonded labour system , family and nominal wages.
According to the Act, following words have defined as -
1. " Bonded debt" means an advance obtained, or presumed to have been obtained, by a
bonded labourer under, or in pursuance of, the bonded labour system;
2. " Bonded labour" means any labour or service rendered under the bonded labour system;
3. " Bonded labourer" means a labourer who incurs, or has, or is presumed to have, incurred,
a bonded debt;
4. " Bonded labour system" means the system of forced, or partly forced, labour under which
a debtor enters, or has, or is presumed to have, entered, into an agreement with the creditor
to the effect that,--
(i) in consideration of an advance obtained by him or by any of his lineal ascendants or
descendants (whether or not such advance is evidenced by any document) and in
consideration of the interest, if any, due on such advance, or
(ii) in pursuance of any customary or social obligation, or
(iii) in pursuance of an obligation devolving on him by succession, or
(iv) for any economic consideration received by him or by any of his lineal ascendants or
descendants, or
(v) by reason of his birth in any particular caste or community, h would-
(i) render, himself or through any member of his family, or any person dependent on him,
labour or service to the creditor, or for the benefit of the creditor, for a specified period or
for any unspecified period, either without wages or for nominal wages, or
(ii) for the freedom of employment or other means of livelihood for a specified period or
for an unspecified period, or
(iii) forfeit the right to appropriate or sell at market value any of his property or product
of his labour of a member of his family or any person dependent on him;
and includes the system of forced, or partly forced , labour under which a surety for a
debtor enters, or has, or is presumed to have, entered, into an agreement with the creditor
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NATIONAL HUMAN RIGHTS COMMISSION, NEW DELHI Page 16
to the effect that in the event of the failure of the debtor to repay the debt, he would
render the bonded labour on behalf of the debtor-section 2(g).
B. CONSEQUENCES WHICH FOLLOW ON THE DATE OF COMMENCEMENT OF
THE ACT
The following consequences follow:
With abolition of bonded labour system w.e.f 25.10.1975, bonded labourers stand freed and
discharged from any obligation to render bonded labour.
All customs, traditions, contracts, agreements or instruments by virtue of which a person or
any member of the family dependent on such person is required to render bonded labour shall
be void.
Every obligation of a bonded labourer to repay any bonded debt shall be deemed to have been
extinguished.
No suit or any other proceeding shall lie in any civil Court or any other authority for recovery
of any bonded debt.
Every decree or order for recovery of bonded debt not fully satisfied before commencement
of the Act shall be deemed to have been fully satisfied.
Every attachment for the recovery of bonded debt shall stand vacated.
Any movable property of the bonded labourer, if seized and removed from his custody shall
be restored to him.
Any property possession of which was forcibly taken over by the creditor shall be restored to
the possession of the person from who seized.
Any suit or proceeding for the enforcement of any obligation under the bonded labour system
shall stand dismissed.
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Every bonded labourer who has been detained in Civil Prison shall be released from
detention forthwith.
Any property of a bonded labourer under mortgage, charge, lien or any other encumbrance,
if related to public debt shall stand freed and discharged from such mortgage. Freed bonded
labourers shall not be evicted from the homestead land.
C. RELIEF TO THE AGGRIEVED:
The aggrieved person may apply to the prescribed authority for restoration of possession of
property (if it is not restored within 80days from the date of commencement of the Act).
The prescribed authority may pass an instant order directing the creditor to restore such
property to the possession of the aggrieved.
Any order by the prescribed authority to this effect shall be deemed to be an order by a Civil
Court.
The aggrieved party may apply to have the sale of his property set aside if the property was
sold before commencement of the Act.
If the mortgaged property is not restored to the possession of the bonded labourer or there is
some delay the bonded labourer shall be entitled to recover such mesne profits as may be
determined by the Civil Court.
D. STRUCTURE OF IMPLEMENTING AUTHORITY:
The law provides for the duties and responsibilities of the District Magistrate and every officer
specified by him. They have to ensure that the provisions of the Act are properly carried out (this
has been dealt at length in Chapter-VII). The law also provides for the constitution of Vigilance
Committees at the district and sub-divisional level, duties and responsibilities of such
Committees in the area of identification and rehabilitation of freed bonded labourers.
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E. LEGAL AND PENAL PROVISIONS:
The Act provides for punishment for compelling any person to render any bonded labour. It also
provides for (a) punishment for advancement of bonded debt (b) punishment for extracting
bonded labour system (c)punishment for omission or failure to restore possession of property of
bonded labourers and (d) abatement. The Act provides for appointment of Executive Magistrates
for trial of all such offences and also provides for vesting them with powers of a judicial
magistrate, first or second class for summary trial of all offences under the Act. The law also
bars the jurisdiction of Civil Courts in respect of any matter to which the provisions of the Act
are applicable.
F. RECOMMENDATIONS FOR CHANGES IN BONDED LABOUR
SYSTEM (ABOLITION) ACT, 1976
Chapters Existing Proposed
Chapter 1
Section 2
DEFINITIONS
f) “bonded labourer” means a
labourer who incurs, or has ,or
is presumed to incurred ,a
bonded debt
f)“bonded-labourer” means
labourer who is compelled
to render labour under the
bonded labour system
Chapter 3 Title Extinguishments of liability to
repay bonded debt
Extinguishments of every
obligation under the bonded
labour system including the
liability to repay bonded
debt
Section 6,7and 9 For the words ‘liability to repay
bonded debt’ wherever they
Substitute “every obligation
under the bonded labour
system including the
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occur liability to repay bonded
debt “
Section 6(5) Where….possession of any
property …..was forcibly taken
over by any creditor for the
recovery of any bonded debt
Where ….possession by any
property .. was forcibly
taken over by any creditor or
any other person for
enforcement or any
obligation under the bonded
labour system including the
recovery of any bonded
debt…
Section 6(6) If restoration of possession of
any property referred to in sub –
section (4) or sub-section (5) is
not made within 30 days from
the commencement of this Act,
the aggrieved person may,
within such time as may be
prescribed, apply to the
prescribed authority for the
restoration of possession……
If restoration of
possession….. the aggrieved
person may at any time
thereafter apply to the
prescribed authority……
Section 6(6) and 6(7) For the word ‘creditor’
wherever it occurs
Substitute ‘creditor or such
other person’
Chapter 4
Implementing
Authorities
A new provision to impose a
penalty on officials who
deliberately, knowingly
,voluntarily or otherwise ,
fail to enforce the provision
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of the Act .This may be on
the lines of section 4 of the
Atrocities Act, which makes
it a punishable offence to
neglect the duties imposed
upon a public servant by
law.
Chapter 5
Vigilance committees
(a) Delegation of powers
for constituting
Vigilance Committees,
(b) Provision for
continuation of tenure
of members (beyond
two years) until
reconstitution,
(c) Inclusion of two
released bonded
labourers,
representatives of
Panchayati-Raj
Institutions as well as
senior police officers on
the Vigilance
Committees
(d) Empowerment of
Vigilance Committees
in identification of
bonded labourers, to
prosecute offenders
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(under Ss 16,17,18,19
and 20 of the act), make
periodic surveys
regarding incidence and
send periodic reports.
Chapter 4
Offences and
Procedure for trial
Section 16 and 18
For the words bonded labour
wherever they occur
Substitute bonded labour or
any other system of forced
labour
Section 22 Every offence under this act
shall be cognizance and
bailable.
Every offence under this Act
shall be cognizable and non-
bailable .It should also
provide that no person shall
be eligible for anticipatory
bail
Section 18 For the words ‘at the rate of
rupees five per day’
Substitute ‘at twice the
difference between the
prescribed minimum wage
and the wages actually
received’
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Section 16,17,18 and 19 The penalties provides for
imprisonment up-to three years
and fine up-to Rs 2000, but in
many cases of conviction under
the Act, only fine is imposed
without imprisonment.
To make the punishment
more deterrent, substitute
the words ‘imprisonment for
a term’ wherever they occur
by ‘a minimum
imprisonment of six months,
which may extend to five
years and also with a
minimum fine of two
thousand rupees’.
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CHAPTER 5
IMPORTANT CASE LAWS CONCERNING BONDED LABOUR
1. People's Union for Democratic Rights V. Union of India12
In this case, the Supreme Court of India widened the ambit of Article 23 by way of the
judgment. The case was important for the following reasons:
a. The court gave a liberal interpretation to the Article 23 which prohibits forced labour. It is
said that the scope of this Article is wide and unlimited and strike at "traffic in human
beings" and begar and other forms of forced labour.
b. The new interpretation has sharpened the provisions of Bonded Labour System (Abolition)
Act 1976, and a new meaning to the Minimum Wages Act, 1948.
c. It supported the concept of public interest litigation as an aid for the working class people of
the country.
d. The decision has in fact encouraged many social action groups and social scientists to
investigate the socio-legal problems of the society.
e. The court highlighted that the right to live with dignity is one of the fundamental rights of a
citizen.
f. The court had stressed the importance of the constitutional obligations of the state to see that
there is no human rights violation of the weaker sections of the society.
g. In this case it was contended the Article 23 is only limited to the those forms of forced
labour where labour or service is exacted from a person without any remuneration at all and
if some will remuneration is paid even if it is below the minimum wage level it will not fall
within the meaning of 'other similar firms of forced labour.' On this the court observed that if
this were the interpretation of the above mentioned words then it would become very easy to
exact labour or service from a person belonging to a deprived section by just paying a
minimal amount.
h. The court further pointed out the object of adding these words in the article was to expand
the scope of this article and to include any sort of forced labour within its meaning and it
12 Union for Democratic Rights V. Union of India, (1982) 3 SCC 235
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makes no difference whether the labour is paid the remuneration or not, if it is against his
will and wish then it clearly falls within the ambit of this article.
i. This forced labour may arise out of some physical force which may compel a person to
provide his service to another, or it may be exerted through a legal provision such a
provision for imprisonment or fine in case the employee fails to provide labour or it may be
compulsion out of hunger or poverty etc.
2. Bandhua Mukti Morcha v. Union of India13
The main issue concerned the existence of bonded labour in the Faridabad stone quarries near
the city of Delhi. It was alleged that majority of the workers were compelled to migrate from
other states, and turned into bonded labourers. The workers were living in sub-human and
miserable conditions. A violation of various labour laws and the Bonded Labour System
(Abolition) Act 1976 was alleged. The SC stated that before a bonded labour can be regarded as
a bonded labourer, he must not only be forced to provide labour to the employer but he must
have also received an advance or other economic consideration from the employer, unless he is
made to provide forced labour in pursuance of any custom or social obligation or by reason of
his birth in any particular caste or community. Whenever it is shown that a labourer is made to
provide forced labour, the court would raise a presumption that he is required to do so in
consideration of an advance or other economic consideration received by him and he is,
therefore, a bonded labourer. But unless and until satisfactory evidence is produced for
rebutting this presumption the court must proceed on the basis that the labourer is a
bonded labourer entitle to the benefit under the provision of the Bonded Labour System
(Abolition) Act, 1976. The courts also recognized the right of bonded labourers to live with
human dignity. It read the Directive Principles of State Policy into article 21 of the constitution
to make the right to live with human dignity fruitful to the working class of the country.
3. Neerja Choudhary v. State of MP.14
13 Bandhua Mukti Morcha v. Union of India, AIR, 1984, SC 802 14Neerja Choudhary v. State of MP, AIR 1984 SC 1099, 1984 (2)
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The main issue in this case related to the effective rehabilitation of the released bonded labourers.
The petitioners alleged that even after a lapse of a long time 135 labourers of the Faridabad stone
quarries were not rehabilitated. They further alleged that it was the obligation on the part of the
state government to rehabilitate the bonded labourers according to the provisions of the
Bonded Labour System (Abolition) Act 1976 and it is the fundamental right of the
bonded labourers under article 21 of the constitution. The petitioners therefore prayed for a
direction to the state government to take steps for the economic and social rehabilitation of
the labourers who were released from the shackles of bondage. The SC said that the plainest
requirement of article 21, 23 that the bonded labourers must be identified and released and on
release, they must be suitably rehabilitated. The act has been enacted with a view to ensuring
human dignity to the bonded labourers and any failure of action on part of the state government, in
implementing the provisions of this legislation would be the clearest violation of article 21, 23 of
the Constitution. The courts also said that it is not enough merely to identify and release
bonded labourers, but it is equally important that after identification and release, they must be
rehabilitated, because without rehabilitation, they would be driven by poverty, helplessness and
despair into serfdom once again.
4. P. Sivaswamy v. State of A.P15
The courts found that the rehabilitation money payable under the Bonded Labour System
(Abolition) Act, 1976 came down to Rs. 738/- per family. The Court observed that the assistance
was certainly inadequate for rehabilitation and unless there was effective rehabilitation the purpose
of the Act would not be fulfilled. Up-rooted from one place of bonded labour conditions the
persons are likely to be subjected to the same mischief at another place, the net result being that the
steps taken by the Supreme Court would be rendered ineffective.
5. Balram and others v. State of M.P16
The main issue was to determine whether the state and central governments had given the benefit
of the scheme framed under the Bonded Labourers Act (whereby each bonded labourer was to be
paid Rs. 6, 250/- as rehabilitation money) to some 3949 labourers in the state. The court directed
15P. Sivaswamy v. State of A.P, AIR 1988 S.C. 1863 16 Balram and others v. State of M.P
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that the Additional Collector and such, other officers who have been assigned the responsibility of
supervising rehabilitation to ensure that the full amount intended for the freed labourers reaches
them. Therefore, all such persons who were willing to have an account opened in their respective
names for facilitating credit of the amount in such account shall have accounts opened and the
money shall be credited in such accounts. The Union of India was also directed to release adequate
funds under the Scheme to meet the liability under the Scheme framed under the
Bonded Labour System (Abolition) Act, 1976 within four weeks to enable compliance of the
directions now made. Similar directions were also issued to the State of Madhya Pradesh.
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CHAPTER 6
CENTRALLY SPONSORED SCHEME AND REHABILITATION
With the commencement of the Bonded Labour System (Abolition) Act, 1976, the bonded labour
system in India has been abolished and bonded labourers were given the right to be free from any
obligation to render bonded labour. Any custom, agreement or other instrument by virtue of
which a person is required to render any service as bonded labour became void. And liability to
repay bonded debt got extinguished by virtue of this Act. The Act also empowered the
authorities to get the mortgaged property of the bonded labourers freed. District Magistrates have
been entrusted with certain duties and responsibilities for implementing the provisions of this
Act. Vigilance committees at district and sub-division level are required to be constituted to
monitor the identification and rehabilitation of the bonded labourers.
Rehabilitation of the identified and freed bonded labourers is an important issue.
Ministry of Labour and Employment, Government of India launched a ‘Centrally Sponsored
Scheme’ in 1978 in order to assist the State Governments in the rehabilitation of the released
bonded labourers.
Under this scheme, all proposals for the rehabilitation of the bonded labours used to be
scrutinised and approved by the Director General of Labour Welfare, Ministry of Labour and
Employment, GoI but this caused delay in implementation.
It was therefore, decided in 1983 that screening of the bonded labour rehabilitation proposals
would be done by District/State Level Screening Committees and sanctioned by the State
Governments concerned.
A. REHABILITATION GRANT PROVIDED BY CENTRAL GOVERNMENT
In order to assist the State Governments in their task of securing physical and psychological
rehabilitation of released bonded labourers, the Ministry of Labour launched a Centrally
Sponsored Scheme on 50:50basis in May 1978. The scheme has undergone qualitative changes
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from time to time and has been progressively liberalized. The rehabilitation assistance has since
been enhanced from Rs. 10,000/- to Rs. 20,000/-per bonded labourer w.e.f. May, 2000 and in the
case of seven North 10 Eastern States, 100% central assistance if they express their inability to
provide their share. The modified scheme also provides for financial assistance to the State
Governments/UTs for conducting survey of bonded labourers, awareness generation activities
and impact evaluation. Detailed guidelines have been issued to the State Governments for
implementing the scheme. The State Governments have also been advised to integrate/dovetail
the Centrally Sponsored Scheme for rehabilitation of bonded labourer with other ongoing
poverty alleviation schemes such as Swarna Jayanti Gram Swaraj Rozgar Yojana (SJGSRY),
Special Component Plan for Scheduled Castes, Tribal Sub Plan etc.The problems of contract and
migrant bonded labour are one of the most complex and sensitive. As a matter of fact, it is this
problem which has become the subject matter of large number of public interest litigations
before the Hon’ble Supreme Court and High Courts. The Bonded Labour System (Abolition) Act
was amended in April, 1985 by adding an explanation to Section 2 and bringing contract and
migrant labour within the purview of the Act if such labourers meet the ingredients of bonded
labour system as defined in Section 2(g) of the Act. The modus operandi of recruitment of
contract/migrant labour is as under:-
- on the eve of the season (say brick kilns) recruiting agents are deputed by the principal
employer to recruit contract/migrant labour from one part of the territory of India to another;
- the recruiting agents pay advances to the labourers and bring them to the worksite usually with
family members with promises and allurements of good wages and better conditions of work;
- the documentary evidence in support of payment of advances remains with the recruiting
agents; the contents are never shared with the workmen;
- the promises are never kept;
- no sooner the workmen arrive at the worksite they are subjected to ruthless exploitation;
- the working hours are unduly long;
-there is no weekly off; no payment of any OT for work in excess of the stipulated working hours
i.e. 8 hours a day and 48 hours a week;
- no wages are paid and the workmen continue to incur advances for their day to day biological
survival;
- advances paid are adjusted against wages due in a unilateral, arbitrary and unjust manner;
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- statutory entitlements like journey allowance, displacement allowance and wages during
journey period are never paid;
- the workmen will all along be told, ‘you cannot leave the worksite until and unless the
advances paid to you are fully liquidated’;
- the workmen have no clue as to when the advances will be fully liquidated since they have no
access to the documentary evidence in support of payment of advance which is with the
recruiting agents only;
- thus the contract/migrant workmen come fully within the purview of bonded labour system as it
occurs within the meaning of Section2(g) of BLS(A) Act.
Accordingly, the rehabilitation package provided by the concerned State Governments for
the freed bonded labourers includes the following major components:
Allotment of house-site and agricultural land;
Land development;
Provision of low cost dwelling units;
Animal husbandry, dairy, poultry, piggery etc.;
Training for acquiring new skills; developing existing skills;
Wage employment, enforcement of minimum wages etc.;
Collection and processing of minor forest products;
Supply of essential commodities under targeted public distribution system;
Education for children
B. CHANGES IN THE ‘CENTRALLY SPONSORED SCHEME’ BASED ON ITS
DRAWBACKS
The said Plan Scheme has been drastically modified in May 2000 to provide for 100 per cent
assistance for conducting district wise surveys for identification of bonded labour, awareness
generation activities, and evaluatory studies.
An amount of Rs.793.00 lakh has been released up to 31.03.2012 to the State Governments
for conducting survey of Bonded Labour, evaluatory studies and awareness generation.
Further, in the case of North-Eastern States, 100 per cent rehabilitation grant is provided in
case they fail to provide their matching contribution.
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Besides, the State Governments have also been advised to integrate/dovetail the Centrally
Sponsored Scheme for rehabilitation of bonded labour with other ongoing poverty
alleviation schemes.
A Special Group has been constituted under the Chairmanship of the Secretary (Labour and
Employment) to review the implementation of the Bonded Labour System (Abolition) Act,
1976.
C. COMPONENTS OF THE SCHEME FOR REHABILITATION OF BONDED
LABOUR
The Centrally Sponsored Scheme for rehabilitation of bonded labour has the following
components:
Each State Government is required to identify sensitive districts where bonded labour
system has taken deep roots, find reasons for the existence of the system and suggest
remedial measures.
Conduct surveys on a regular basis – to find incidence of bondage, causes and forms of
bondage, etc.
Government of India provides a sum of Rs. 2 lakh per district to conduct such surveys. This
amount is provided to a particular district once in 3 years.
An annual grant of Rs.10 lakh per State Government is provide for awareness generation
purposes.
Each State Government is required to conduct five Evaluatory Studies in 5 districts/regions
of the State every year through reputed research organizations/ academic institutions/ NGOs.
Rehabilitation grant has been enhanced from Rs. 10,000/- to Rs. 20,000/- per freed bonded
labourer, which is to be shared by the Central and State Government on 50:50 basis. Out of
this, Rs. 1000/- are required to be paid immediately on release of a bonded labourer as
subsistence allowance.
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CHAPTER 7
Central State Responsibility for Abolition of Bonded Labour
Labour Laws fall in the Concurrent List of the Constitution of India. Thus, both Centre and
States can legislate and enforce labour laws. There are 43 central labour laws enacted by the
Central Government concerning different aspects of labour. 12 of these laws are enforced
by the Central Government, 16 by both Centre and the State Governments and 15 laws by
the State Governments. There are also about 91 state labour laws enacted and enforced by
the State Governments in their respective domain
The Centre and state governments share responsibility for protecting bonded child labourers.
Their most basic obligations are to prevent children from becoming bonded in the first place,
to remove those who are from bondage, and to prevent them from becoming bonded again
A. DISTRICT, STATE, AND NATIONAL RESPONSIBILITY FOR BONDED LABOUR
States are responsible for enforcing the Bonded Labour System (Abolition) Act, 1976, and
do so through their district magistrates, in some states called district collectors or deputy
commissioners, who are directed to form bonded labour "vigilance committees." The central
government is responsible for ensuring that states enforce the act and that the vigilance
committees are formed. The central government funds state surveys of bonded labour,
evaluations of the bonded labour law's implementation, and public awareness campaigns, It
also provides half of the funds for rehabilitation assistance, which is currently set at a total
of Rs. 20,000 (U.S.$417) per bonded labourer.
District magistrates are appointed civil servants and are the top authorities at the district
level. They oversee government administration, including the administration of justice, and
some fifty to sixty distinct departments. Their wide array of duties includes identifying cases
of bonded labour in their districts, freeing the labourers, initiating prosecutions, making sure
available credit sources are in place so that freed labourers will not be forced into bondage
again, The DM/DC Would also formulate suitable schemes for the Rehabilitation of freed
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Bonded labourers Land Based, Non Land Based and Skill-Craft Based Occupation, keeping
in View the Preference, felt need and Interest of the Beneficiaries and constituting and
participating in the vigilance committees. The vigilance committees are charged with
advising the district magistrate to ensure that the bonded labour law is properly
implemented; providing for the economic and social rehabilitation of freed bonded
labourers; coordinating the functions of rural banks and cooperative societies to help ensure
freed bonded labourers have access to credit monitoring "the number of offences of which
cognizance ought to be taken under the act"; and defending freed bonded labourers against
attempts to recover the bonded debt: The District magistrate is to constitute and participate
in the functioning of a district-level "vigilance committee." The statutory functions of this
committee are:
(a) To advise the District Magistrate as to the efforts made, and action taken, to ensure that
the provisions of this act are properly implemented;
(b) To provide for the economic and social rehabilitation of the freed bonded labourers;
(c) To coordinate the functions of rural banks and cooperative societies with a view to
canalizing adequate credit to the freed bonded labourers
(d) To keep an eye on the number of offences of which cognizance has been taken under the
act;
(e) To make a survey as to whether there is any offence of which cognizance ought to be
taken under the act;
(f) To defend any suit instituted against a freed bonded labourer or a member of his family...
for the recovery of the whole or part of any bonded debt.
References to rehabilitation of freed bonded labourers occur twice in the Bonded Labour System
(Abolition)Act .Once in reference to the district magistrate's duty to "secure and protect the
economic interests" of the bonded labourer (Sec. 11), and once in stipulating the vigilance
committees' duty to provide for the "economic and social rehabilitation" of the bonded labourer
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(Sec. 14). The act itself, however, does not specify of what this rehabilitation should consist and
left implementation of rehabilitation up to the state governments, and largely dependent on the
initiative of District Magistrates. The Central Government takes appropriate action on National
Human Rights Commissions reports or references on rescued bonded labourers for release of
central assistance to the concerned State Government under the scheme.
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CHAPTER 8
ROLE OF NATIONAL HUMAN RIGHT COMMISSION
A. CENTRAL ACTION GROUP
The Apex court in its order dated 11-11-1997 in PUCL V/S. State of Tamil Nadu & Others has
directed that the National Human Rights Commission (NHRC) to be involved in the supervision
of the issue relating to bonded labour
In pursuance to the above order, a Central Action group has been constituted in the NHRC. This
Group, with the collabouration of the ministry of Labour & Empowerment, is holding
Sensitization workshop on bonded labour at state Headquarter to sensitize the District Magistate
and other functionaries dealing with identification, release and rehabilitation of bonded labour.
B. GUIDELINES ISSUED BY NHRC ON BONDED LABOUR
The National Human Right Commission convened a National Workshop on Elimination of
bonded labour system and Child labour on 27th june 2007 at India Habitat Centre under
The Chairmanship of Hon’ble Justice Shri S Rajendra Babu,Chairperson ,NHRC. The
Representative approx from all the states and UTs took part in the National Workshop.
On the basis of detailed deliberation, some guidelines emerged for implementation by the
concerned authorities of the States/Central Government on which the state government had to
give response to NHRC as to what extent the guidelines have been implemented:
1. Art 23 of the Constitution prohibits all forms of forced labour including begar. It makes no
difference whether the person who is forced to give his labour or service to another is
2. remunerated or not.
3. When a person provides labour or service to another for a remuneration, which is less than
minimum wage, the labour or service provided by him falls within the scope and ambit of
forced labour under Art 23.
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4. An intensive survey of the areas, which have been traditionally prone to the system of debt
bondage, should be undertaken by the Vigilance Committees with the assistance of the
social action groups operating in such areas.
5. Social action groups operating at the grass root level should be fully involved with the task
of identification and release of bonded labourers.
6. Officers who are posted at different levels to deal with the problem of bonded labour should
be properly trained and sensitized so that they may develop a sense of involvement with the
misery and suffering of the poor.
7. Every officer who is placed in charge of identification, release and rehabilitation of bonded
labourers should be made fully conscious of his/her responsibilities. He/she should be
imbued with a sense of purpose and dedication, which is necessary for successful
accomplishment of the task. There must be a sense of urgency and seriousness of concern in
regard to the speed of rehabilitation among the officials who have been made responsible for
the same.
8. A release certificate to each of the bonded labourers so released would be issued forthwith
by the concerned Collector/DM or the SDM or the Executive Magistrate vested with powers
of a judicial magistrate. The certificate which should be in the local language only (and not
in English) should be handed over to the persons so released simultaneously.
9. The State Government must rehabilitate the released bonded labourers on permanent basis.
10. Adequate funds should be released under the scheme framed under the Bonded Labour
System (Abolition) Act for rehabilitation of all released bonded labourers.
11. The Collector with such other officers who have been assigned the responsibility of
supervising implementation of the rehabilitation scheme shall ensure that the full amount
intended for the freed labourers reaches them.
12. A large number of prosecutions are pending at various stages, they should be carried to their
logical conclusion in the shortest possible time.
13. Section 21 of Bonded Labour System (Abolition) Act, 1976 provides that the offences are to
be tried by Executive Magistrates. The State government may confer, on an executive
Magistrate, the powers of a Judicial Magistrate of the first class or of the second class for the
trial of offences under this Act; and, on such conferment of powers, the Executive
Magistrate on whom the powers are so conferred, shall be deemed, for the purposes of the
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Code of Criminal Procedure, 1973, (2 of 1974), to be a Judicial Magistrate of the first class,
or of the second class, as the case may be. An office under this Act may be tried summarily
by a Magistrate
14. The provisions of SC/ST (Prevention of Atrocities) Act, 1989 wherever victims of bonded
labour system are SC/STs should be stringently applied.
15. The following registers are required to be maintained for the record of bonded labourers:
(a) a register containing the names and addresses of the freed bonded labourer (s);
(b) a register containing statistics relating to the vocation, occupation & income of every
bonded labourer;
(c) a register containing the details of the benefits which the free bonded labourers are
receiving including benefits in the form of land, inputs for agriculture, training in handicrafts
and allied occupations, loans at differential rates of interest of employment in urban or non-
urban areas; and (d) a register containing details of cases under sub section (6) of section 6,
sub section (2) of section 8, Sub Section (2) of Section 9, Section 16, Section 17, Section 18,
Section 19 & Section 20.
16. Similarly migrant workers, according to the spirit of the directions given by the Supreme
court in series of judgements, are to be asked as to where they would like to be rehabilitated
i.e. at the originating point or at the destinations State. They cannot just be despatched to
their native states and left in the lurch there, which would be violative of the letter and spirit
of Supreme Court judgment.
17. There is a provision for payment of immediate financial relief of Rs.1000/- to each identified
and released bonded labourer. This financial assistance is extremely important because it
relieves the bonded labourer of his immediate financial hardship. It may be ensured that this
immediate financial relief is paid to each released bonded labourer. NHRC had earlier
directed the State Governments to issue instructions under TR-27.
18. A comprehensive list showing complete details such as residential address of the State of
origin etc. may be prepared in respect of those bonded labourers who were identified in the
State, but were sent to their originating State for rehabilitation. A copy of the list may be
forwarded to the NHRC as well as to the Labour Commissioners of the States to which they
originally belonged.
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19. Severe punishment must be meted out to brokers and middlemen who traffic child labour and
export children to other States. A dedicated Control Room needs to be set up at the State
Headquarters. A flying squad for providing protection to field level functionaries and NGOs
engaged in the release operations should also be attached to the Control Room.
C. NHRC CASES ON BONDED LABOUR
1. Release of Bonded Labourers and their Rehabilitation: Punjab.(Case No. 663/19/1999-
2000)
The Commission took suo-motu cognizance of a press report which appeared in the ‘Indian
Express’ dated 17 December 1999 entitled "84 Bonded Labourers Freed, Narrate Shocking
Tales of Torture, Molestation". In the press report, it was stated that 84 bonded labourers, who
were freed from a cold storage construction site, stated that they were beaten and were given
third degree treatment. The woman workers alleged rape and molestation. None of the
workers were paid their wages.
The Commission directed the Director General of Police, Punjab and the Senior
Superintendent of Police, Jallandhar to send reports to the Commission on this article. The
latter responded saying that one Mohan Singh, who was constructing a cold storage, was
providing labourers with clothes, food, free accommodation and Rs. 600 per month. The
labourers, however, had stated that they had been working for the last four months and were
not given wages because the owner had promised to pay them when they returned to their
native places. When the Sub Divisional Magistrate, Shahkot and Station House Officer, Police
Station, Shahkot visited the spot, the labourers told them that they did not wish to work with
the cold-storage owner as his behaviour was insulting. A woman labourer, named Saloni
stated that one Pappu had beaten her husband and locked him in a room. The owner could not,
himself, be contacted. However, his employees agreed to pay the wages to the labourers. The
report added that the Labour Inspector had been directed to ensure the payment of wages to
the labourers so that they might go wherever they wanted. The labourers had been brought to
the office of the Sub Divisional Magistrate where food had been arranged for them. The
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labourers were then set free and they went back to their homes. The report concluded by
saying that a case, FIR No. 236 dated 15 December 1999, had been registered under section
16, 17 of the Bonded Labour System (Abolition) Act and under Sections 342/323/354 of the
Indian Penal Code.
2. NHRC’s Initiative Results in the Release of Bonded Labourers: Haryana(Case No.
513/7/98-99)
The Commission received a complaint from Prof. Sheotaj Singh, General Secretary of
the Bonded Labour Liberation Front, Delhi alleging that 20 persons including men, women
and children were being kept as bonded labourers in a stone quarry in Gurgaon, Haryana.
According to the complaint, though the Sub Divisional Magistrate of the area had visited the
site and admitted that minimum wages were not being paid to the labourers, he had refused to
issue release certificates to them.
On 21 September 1999, the Commission directed the Chief Secretary, Haryana, to look into
the matter and submit a report. The report stated that the complaint of Prof. Sheotaj Singh
alleging non-release of the bonded labour was false.
The Special Rapporteur of the Commission, Shri Chaman Lal, was asked to look into the
matter. He recommended that the Commission’s own investigation team should meet the
bonded labourers who were now living in Jaipur district in order to ascertain the facts.
Accordingly, an investigation team of the Commission, visited Durgapura, 10 kilometers
away from Jaipur city where about 29 persons including 10 children were found camping in
the open. Balkar Singh lured them to work in a stone quarry, offering them attractive wages.
After a year, they were denied payment of wages and in lieu of wages, arrangements were
made with a local general merchant to provide them daily rations on credit. When the
labourers objected and demanded full wages, they were forcibly confined in their hutments
after working hours and were guarded by armed musclemen. In August 1999, they somehow
managed to establish contact with Prof. Sheotaj Singh. When word spread that Prof. Singh
had lodged a complaint, labourers were made to put their thumb impressions on papers of
agreement declaring that they had received Rs.5,000 each towards the settlement of their
wages. This was done in the presence of the local Sub Divisional Magistrate and police
officials. The money was, however, not given to the labourers and, instead, it was adjusted
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against the items taken by them from the local merchant. In the third week of September
1999, they were transported away from Haryana, escorted by policemen, and later dumped in
the outskirts of Jaipur city. The Sub Divisional Magistrate, when questioned by the team of
the Commission, reiterated that the issue related to a wage dispute in which he had worked
out a compromise and that, to avoid any further chance of exploitation, he had made
arrangements for the transportation of the labourers to Jaipur on their request. He claimed
ignorance of the legal interpretation of the Supreme Court verdict wherein the word "bonded
labour" had been given a wider interpretation, covering all cases where wages paid to the
labourers was less than the minimum fixed by the Government. However, after discussions
with the officials of the Commission, the district officials dispatched 19 Release Certificates
to the Commission to be handed over to the labourers. They were rehabilitated in Sanganer
and were permanently settled under Indira Awas Yojna.
3. 400 Bonded Labourers Working in Chauna Stone Mines, District Gwalior Madhya
Pradesh [Case No:1351/12/2001-2002(FC)]
The Commission received a complaint from one Butan son of Pitam residing in Madhya
Pradesh that was forwarded by Prof. Sheotaj Singh, Bonded Labour Liberation Front alleging
that about 400 bonded labourers had been working in Chauna Stone mines in District Gwalior
and they were not paid their wages; besides they were tortured and harassed.
On consideration of the report submitted by Shri Chaman Lal, Special Rapporteur, NHRC, the
Commission asked the Government of Madhya Pradesh to direct the Labour Commissioner,
Madhya Pradesh to ensure a comprehensive inspection of these establishments and also to
ensure strict enforcement of all Labour Law, particularly, the Minimum Wages Act.
On perusal of the report submitted by the Labour Commissioner, Madhya Pradesh, the
Commission observed that the District Administration had freed Butan along with 43 other
persons on 9 July 2002 and all of them had been sent to District Guna as per their wishes. The
report was however silence as to what action was taken against the persons with whom Butan
and 43 others were engaged as bonded labourers and about the relief and rehabilitation
measures that had been taken for the freed bonded labourers. The Commission, therefore,
further asked the Government of Madhya Pradesh to furnish the information with regard to
the manner in which action had been taken regarding Butan and 43 others as indicated above.
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In a subsequent report, Labour Department, Government of M.P. spelt out the steps taken by
the Government of Madhya Pradesh for rehabilitation of bonded labourers freed in July 2002
and also indicated the action taken against the guilty employers.
On consideration of the report, the case was closed by the Commission.
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CHAPTER 9
FAILINGS OF THE CURRENT SYSTEM
Corruption
Owing to widespread corruption within the law enforcement agencies and their close nexus
with city based criminal gangs engaged in human trafficking, rescuing the children fallen prey
to human trafficking is literally impossible.
Delayed Process of Rehabilitation
The Ministry of Labour, Government of India had initiated a Centrally Sponsored Scheme under
which Rs.20,000 is provided for the rehabilitation of each bonded labourer, to be equally
contributed by the Federal and the State government. But, by and large, the process of
rehabilitation is frequently delayed, particularly in the case of inter-state bonded migrant
labourers, and the degree of concerted convergent action required on the part of the
administration is rarely forthcoming.
Weak Enforcement of Labour Laws
Persistence of bondage is a consequence of weak enforcement of labour laws and the laws of the
land. India has a plethora of labour legislation regulating the conditions of work of contract and
migrant labour, prohibiting child labour in hazardous industries, and for minimum wages. But
these remain in large part unimplemented. More significantly, in case after case, there is
violation of the fundamental human rights of workers, which are enshrined in the Constitution.
Lack Of Responsible Authority
On paper, the vigilance committees look good. But they are packed with people who belong to
the ruling party. It is a status symbol to be a member. Every district collector has learned that to
form a committee, he has to consult with the [party] Secretariat. Even S.C./S.T.s [Scheduled
Caste and Scheduled Tribe members] will still belong to the ruling party so they toe the line.
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Government Failure:
On paper, the government has developed a wide array of laws and policies on bonded labour
and child labour, which in theory should protect bonded children. In practice, these are never
implemented for most bonded children. Without effective enforcement of either bonded labour
or child labour laws, children in bondage-the most vulnerable of all working children-are
without recourse. police in some cases are reported to have forcibly returned bonded children
to their masters. Denial at all levels of government that children are bonded and the consequent
failure to apply the bonded labour law for children creates a fundamental barrier to freeing and
rehabilitating children in bondage.
Parents Failure to Pay Debts
Usually a parent takes several thousand rupees in loans and lets the child work to repay them-
it's a kind of bonded labour. Just to repay the debt is technically bonded labour . If they borrow
money, it has to be repaid. There is a quid pro quo. So unless there is a physical instrument, it
can't be classified as bonded labour. Technically, underpayment is bonded labour, but they
don't complain and unless they complain, it can't be identified.
Inefficient Data Collection System
The Indian government has failed to collect even remotely accurate information on bonded
labour. There is no reliable official data for India as a whole on how many bonded labourers
there are or what states have done, or failed to do, about it. The statistics that are maintained
indicate how little bonded labourers are being protected. The central government relies on data
supplied by the state officials.
Lack of Political will
Eradicating bonded child labour requires not just strong law but also the political will to
implement it. The caste and class bias, apathy, and corruption, and a lack of accountability for
these are reason behind the raising graph of bonded labour.
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CHAPTER 10
CONCLUSION AND RECOMMENDATION
RECOMMEDATIONS-
1. Mere release from bondage may not serve the desired purpose unless it was accompanied by
immediate and effective steps for rehabilitation by implementing the 15 components of
rehabilitation as have been set out in the letter dated 2nd September 1982 addressed to the
various governments.
2. Considering the fact that a majority of the quarry workers are inter-state migrant workmen from
Rajasthan, Uttar Pradesh ,Madhya Pradesh and Bihar and that a majority of them fall in the
category of landless agricultural labourers and would like to go back to their native states if
assured of plot of land for both homestead and agricultural purposes, it may be necessary to
issue specific directions to the governments of these states for rehabilitation of the freed bonded
labourers in land –based schemes.
3. Release from bondage and rehabilitation should be simultaneous, so that there is no occasion
for the freed bonded labourer to relapse into debt bondage. The concerned state governments
should initiate immediate necessary action and keep the schemes of rehabilitation ready, so that
the same can be implemented as soon as the labourers are released and sent back to their
respective states.
4. The Labour Departments of the originating states (Rajasthan, Madhya Pradesh, Uttar Pradesh
and Bihar) should depute senior officers of the Department to visit the work sites every now
and then and enquire about the health, safety and welfare of the inter-state migrant workmen
from their respective states.
5. These officers should, after ascertaining about accidents causing death or serious bodily injury
help in filing claims before the Commissioner .The dependants of the deceased /injured
workman being ignorant, poor, illiterate, the Labour Department of the originating state should
bear the entire expenditure for adjudication of such claims which are likely to be contested by
the jamadars/thekedars.
6. One important recommendation is introduction of a system of direct payment by the mining
lessees to the workmen through their representatives and not through any thekedar/jamadar.
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This will ensure not only elimination of middlemen but will also save the workmen from
illegal, unauthorized and arbitrary deductions which are being resorted to by the middlemen.
7. At present, there is no uniform rate at which the workmen are paid. They are paid differently at
different places, It is necessary that the appropriate government should fix these rates.
8. Immediate steps should be taken to avoid any kind of unnecessary and illegal deductions from
the wages of the workers.
9. The district collector must comply with the directions of the Union Labour ministry .Identity
cards with photos and releasing certificates should be issued to the freed workmen.
10. The statutory registers should be maintained properly containing the name of the released,
rehabilitated labourers, the number of prosecution which have been launched and the result of
these prosecutions.
11. The present administrative arrangements are not enough for the implementation of the Act .The
Ministry of Labour supervises the implementation of the Act but not monitor the progress
regularly .Thus the Act should be amended to constitute National Bonded Labor Advisory
Board for the better implementation of the Act and to supervise its progress as well.
12. District level bonded labour cells should be created with sufficient staff entrusted with the task
of implementation of the Act.
13. There should be a transformation of the Socio Economic conditions of the labourers by
bringing about changes in the agrarian structure and social relationships in the rural area. There
should be complete abolishment of zamindari system.
CONCLUSIONS:
The bonded Labour system (Abolition) Act was enacted in 1976.Twenty years later, Human Rights
Watch has found that the goals of this law –to punish employer of bonded labour and to identify,
release, and rehabilitate bonded labourers have not been met. The bonded labour system continues
to thrive. The district –level Vigilance committees, mandated by the Bonded Labour system
(Abolition) Act and constituting the key to the enforcement of the act have not been formed in most
districts. Those that have tend to lie dormant or, worse yet, are comprised of members
unsympathetic to the plight of bonded labourers. Whether for lack of will or lack of support, India’s
district collectors have failed utterly to enforce the provisions of the Bonded Labour system
(Abolition) Act. The mandate rehabilitation of released workers is essential. Without adequate
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rehabilitation, those who are released will quickly fall again into bondage. This has been
established repeatedly, among both adult and child bonded labourers. Nonetheless, the central and
state governments have jointly failed to implement the required rehabilitation procedures.
Rehabilitation allowances are distributed late, or are not distributed at all, or are paid out at half the
proper rate, with corrupt officials pocketing the differences. One government appointed commission
found that court orders mandating the rehabilitation of bonded labourers were routinely ignored.
Finally the Bonded Labour System (Abolition) Act directs vigilance committees and district
collectors to institute savings and credit programmes at the community level, so that the
impoverished might have access to a small loan during financial emergencies. Nearly every child
interviewed by Human Rights Watch told the same story, they were sold to their employers because
their parents were desperate for money and had no other way to get it. The eradication of Bonded
Labour in India depends on the Indian government’s commitments to two imperatives: enforcement
of Bonded Labour System (Abolition) Act and the creation of meaningful alternative for already –
bonded labourers and those at risk of joining their ranks. In addition it is essential that non-
governmental organizations be encouraged by the government to collaborate in this effort.
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QUESTIONNAIRE
1. Give the current statistics of bonded labour in your district under the following heads:
(a) different areas of employment* in which most number of bonded labourers are
identified.
(b) number of bonded labourers pertaining to all those areas of employment*
2. How many labourers have been rescued and rehabilitated? Have the bonded labourers been
asked where they would like to be rehabilitated i.e. to their native state or at the destinations
state?
3. Out of all the bonded labourers rescued, how many were children? If any, how are they
rehabilitated?
4. What rehabilitation plans have you prepared to free the bonded labourers?
5. What kind of rehabilitation is provided to the victims of bonded labour?
6. After rehabilitation, submit a report on the following issues:
(a) the change in the number of bonded labourers identified in all the areas of employment*
(b) relative change in the standard of living of the mitigated bonded labourers.
(c) if the children of bonded labourers have been rehabilitated in compliance with the
direction of the Supreme Court.
7. Are those bonded labourers who belong to SC/ST category being identified? If yes, are the
provisions of section 3(1)(vi) of ST/SC (Prevention of Atrocities) Act, 1989 have been
complied with?
8. Has the immediate relief fund of Rs.1000 been paid to the identified bonded labourers in
accordance with the centrally sponsored scheme?
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9. Were the release certificates handed over to the released bonded labourers in their local
language?
10. Has the Vigilance Committee been constituted in all the districts of the state pursuant to
section 13 of the BLSA Act, 1976? If no, then state the reasons. How often is the survey
conducted by the Vigilance Committee as required under section 14 (i)(e) of the BLSA Act,
1976 on bonded labourers?
11. How frequently does the Vigilance Committee meet to examine the cases involving a
review of the present status of already-rehabilitated bonded labourers, fresh plan for
rehabilitation of identified bonded labourers and close monitoring of the bonded labour-
prone areas/ industries etc.? What kind of supervision is being exercised over the activities
of the Vigilance Committee?
12. Whether the district Vigilance Committees are maintaining the following registers as
required under rule 7(a) and 7(c) of Bonded Labour System (Abolition) Rules:
(a) a register containing the names and addresses of the freed bonded labourer (s);
(b) a register containing statistics relating to the vocation, occupation & income of every
bonded labourer;
(c) a register containing the details of the benefits which the free bonded labourers are
receiving including benefits in the form of land, inputs for agriculture, training in handicrafts
and allied occupations, loans at differential rates of interest of employment in urban or non-
urban areas.
13. Whether licensing officers have been appointed for various districts under section 7 of the
Inter-State Migrant Workmen Act. State their names and jurisdiction.
14. How many contractors have obtained licenses in various districts pursuant to section 8 of
Inter-State Migrant Workmen Act?
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15. How many licenses of the contractors have been cancelled for non-compliance of statutory
provisions?
16. Whether state government has appointed inspector under section 20 of Inter-State Migrant
Workmen Act. If yes, give their names and jurisdiction.
17. Whether the state government has appointed inspecting staff under section 28 of Contract
Labour Act. If yes, give names and jurisdiction of such staff members.
18. Whether the state government has appointed officers under section 20 (3) to satisfy itself
that the provision of the act are being complied with in respect of the workmen belonging to
your state.
19. Whether state government has appointed inspector under section 19 of the Minimum Wages
Act. If yes, give names and jurisdiction of such inspectors.
20. Has a comprehensive list showing complete details such as residential address of the State
of origin etc. been prepared in respect of those bonded labourers who were identified in the
State, but were sent to their originating State for rehabilitation?
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BIBLIOGRAPHY
BOOKS REFERRED:
The Bare Act of The Bonded Labour System (Abolition) Act, 1976
The AIR Manual (Civil and Criminal) 6th Edition, Volume 10, by Manohar & Chitaley,
All India Reporter Pvt Limited, Nagpur
The Indian Penal Code, Ratanlal and Dhirajlal, 29th Edition, Wadhwa & Co., Law
Publishers, New Delhi
Understanding and Eradicating Bonded Labour in India, by Kiran Kamal Prasad, Jana
Jagrati Prakashna
Labour and the Law, by S. K. Singh, Deep & Deep Publications, New Delhi
Liberation from Bondage, Volume 1, Volunteers for Social Justice
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http://nhrc.nic.in/documents/speech_2012_10_25.pdf
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wages-nrega-hundred-days
http://paper.hindustantimes.com/epaper/viewer.aspx
http://labourbureau.nic.in/ILJ_SEP_2013.pdf
http://www.manupatrafast.com/
http://planningcommission.nic.in/reports/sereport/ser/ser_bon0405.pdf