Bonded Labour Abolition Act

Bonded Labour Abolition Act

1. The Bonded Labour System (Abolition) Act, 1976 Kashyap Thakkar | Danish Kanungo | Dhvani Gajjar | Raj Amreliya SEM V | Labour Law - I

2. What is Bonded Labour? Bonded labour (or debt bondage) occurs when a person’s labour is demanded in return for a loan. The person is then tricked into working for little or no pay. The value of their work is usually greater than the original loan. In many cases the loan is passed down from parent to child. Female bonded labourers will often be subject to sexual abuse by their ‘employer’.

3. What is Bonded Labour? Around 20 million people are estimated to be in bonded labour worldwide. Bonded labour is most likely to exist in situations of poverty where an unexpected expense such as medical costs or a marriage dowry forces an individual to borrow. Bonded labour in India is not just an economic issue, but a social issue linked with caste.

4. Bonded Labour System (Abolition) Act, 1976 The Bonded Labour System (Abolition) Act purports to abolish all debt agreements and obligations arising out of India's longstanding bonded labour system. It frees all bonded labourers , cancels any outstanding debts against them, prohibits the creation of new bondage agreements , and orders the economic rehabilitation of freed bonded laborers by the state. It also criminalizes all post-act attempts to compel a person to engage in bonded labour.

5. Salient Features of the Act Totally abolishes bonded labour To identify and rehabilitate bonded labourers Committees to be formed at the district level Punishment of up to 3yrs imprisonment and/or fine Any attachment of property of bonded labourers stands cancelled form the date of enforcement of the act Employers not to evict the bonded labourer from the accommodation provided

6. CASE LAWS

7. Bandhua Mukti Morcha v. Union of India and others (1983)

8. FACTS The Petitioner was an ‘an organisation dedicated to the cause of release of bonded labourers’. It conducted a survey in stone quarries and mines in Faridabad district. It found that several workmen in these mines were migrant workers from other States in India were ‘bonded labourers.’ The mine owners did not provide them with shelter, clean drinking water, latrines or medical facilities, among other things. The workers were also subject to respiratory infections due to the pollution generated by stone crushers.

9. FACTS There also existed an illegal system of thekedars who extracted a large portion of wages from workmen as commission. The Petitioner, on behalf of these workmen, addressed a letter to the Court invoking the jurisdiction of Article 32 of the Constitution and sought reliefs for: reduction in air pollution clean and potable drinking water conservancy facilities medical facilities compensation.

10. FACTS The Supreme Court treated it as public interest litigation and appointed a commission for inquiry into the Petitioner’s allegations.

11. DECISION & REASONING In 1976, the Parliament enacted the Bonded Labour System (Abolition) Act, 1976 and by virtue of the provisions of the said Act, the bonded labour system has been declared to be illegal in this country. Any person who is wrongfully and illegally employed as a labourer in violation of the provisions of the Act. He is deprived of his liberty. There cannot be any manner of doubt that any person who is wrongfully and illegally detained and is deprived of his liberty can approach this Court under Article 32 of the Constitution for his freedom from wrongful and illegal detention, and for being set at liberty.

12. DECISION & REASONING The second ground which raises the question whether the letter addressed by a party to this Court can be treated as a writ petition and in the absence of any verified petition. Article 32 or for that matter any other article does not lay down any procedure which has to be followed to move to Court for relief against the violation of fundamental rights. The facts and circumstances differ from case to case. Whenever, however, there is an allegation of violation of fundamental rights, it becomes the responsibility and also the sacred duty of this Court to protect such fundamental rights guaranteed under the Constitution.