CHAPTER - VII

Bonded Labour System and Judicial Approach

Towards Its Eradication

In the last chapter we have discussed various State and

Central legislations attacking at the barbarious system of bonded
labour. Realising the inadequacy and inefficiency of these enact­
ments, the Central legislature passed the Bonded Labour System
(Abolition) Act, 1976 with the object of striking at the root
cause of Bonded Labour System. The true scope of Bonded Labour
System (Abolition) Act, 1976 can not be really appreciated unless
we go into depth of its process of implemeatation and its inter­
pretation by the Courts.

Role of Judiciary is to see that the standard laid down

by legislative process are being followed in its letter and spirit.
The Sup roue Court is playing important role in interpreting the
statutory provision of the law in the dynamic society. In such a
scenario when executive’s failure is evidenced repeated and legis­
latures have no time to think of the proper implementation of the
laws enacted by them, Judiciary is the hope left for the people,
specially the downtrodden of our society. That is why the highest
Court of the land is called many times 'a poor man's court*. Its
serious efforts to protect the individual labourer from exploita­
tion and discrimination are now on records and deserve appreciation.

Under this chapter the role of the Supreme Court vis-a-vis

Bonded Labour is to oe discussed and examined. The main question
before us is to see whether the apex court hascorae up to the
expectation of legislature and common masses. To fulfil the
 - 627

aspiration of the poor and downtrodden, the court has innovated

a new technique of Public interest Litigation.

Public Interest Litigation - Liberation through Article 21

Under Public Interest Litigation a right has been given

to any member of public having sufficient interest, to maintain
an action for judicial redress for public injury arising from
breach of public duty or violation of some provisions of the
Constitution or the law, and to seek enforcement of the public
duty and observance of such constitutional and legal provisions.

Public interest law had its origin in the U.S.A. It

arose out of the need to provide judicial redress to those who
were denied access to justice by reasons of constraints imposed
by normal procedures. They were people for whom legal services
in their traditional context were not available. They were the
poor, the environmentalist consumers, social and ethmic minori­
ties.1 Judicial activism has applied the same principle in

India. It has expressed itself most prominently in ensuring

social justice to the poor and needy, to those who otherwise

1. This definition was given by the counsel, for Public Interest

Law set up oy the Ford Foundation in U.3.A., in its report.
See Balancing - the scales of Justice - Financing Public
Interest Law in America (A Report by the Counsel for Public
Interest Law) 6-7(1976). See also J*F. Handle, “Public
Interest Law Firms in the United States'* in M. Cappelletti
& B. Garth (eds.)3 Access to Justice at 421-439(1979);
Cappelletti, “Vindicating the Public Interest through the
Courts; A comparativists ContributionM, id. at 513-561.
In the United States of America, this, concept of Public
Interest litigation passed through various vicissitudes.
See Sierra Club v. Morton. 4Q5..U3 727(1972); United States
v. Scrap, 412 US 669(1973); Duke Tower Co. v. Carolina
Environment Study Group, 438 US 59(1979); Simm v. Bastern
Ry.Welfare Rights Organisation, 426 US 26(1977).
 ~ 628 -

would, have enjoyed no access to the judicial system. In this

task it has formulated norms and pursued procedures perhaps un­
precedented in judicial practice. The essense of the new pro­
cedural jurisprudence is attributed in great measure to the
principle that the nature of proceeding departs from the tra­
ditional adversarial system, and instead recognises in the court
the role of an active participant in bringing about the consu-
2
mm at ion of the litigative objective.

As the original purpose of the judiciary is to operate

as a constitutional check where the Legislature or the Executive
act in excess of their powers. In an area not covered by
legislation or executive, the Court moves in with its own
judicial programme acting as a precursor of future legislative
or executive action. Sheldon Cielman, Director of the Social
ta elf are Programme at Pennsylvania State University observed s

•‘The judiciary serves as a forum for and impetus

toward the achievement of constitutional and
legislative requirement.>
Public interest litigation is actually, collective effort on
the part of the public spirited person. Through public interest
litigation social control has been tailored by the Courts to
ensure accountability of the State or the public authority to
people. To enable this effective method to prosper, care has

2. Justice Pathak R.S. - In his inaugural address at the U.G.C.

sponsored National Seminar on “Judicial Activism and Social
Change" organised by the Faculty of Law, University of
Jammu, p. 31-32, date 14-2-1987 to 17-2-1987 * (K.L.Bhatia,
Judicial Activism and Social Change. (Deep and Deep
Publication, Rajouri Garden, New Delhi, 1990), p. 31-32.
3. Ibid
 629

to be taken to see that this power is not abused. It should

not be allowed to become Publicity interest litigation” The
Courts have to be careful to honour the implicit faith of people
in this institution (i. e. judiciary) and not to exceed limits?
because to it is assigned the function of being guardian of the
Constitution. If the trust of the people is betrayed, it will
4
lead to judicial despotiaim - which posterity will not forgive.

In England, ^ during the 19th century, the courts ware

reluctant to let any one come unless he had particular grievance
of his own. He had usually to show that he has some legal rights
of his own that has been infringed or some property of his own
7
has been injuriously affected. In USA v. James G. Raines the
U.S. Supreme Court carved out an exception to this traditional
rule by holding that where a person had suffered a legal wrong

4. Justice Ur. Anand A.S* His Key Note Address - at U.G.C.

Sponsored National Seminar on “Judicial Activism and Social
Change” organised by Law Department, University of Jammu,
w.e.f. 14.2.87 to 17.2.87.
In England Lord Denning was the main exponent for liberalis-
ing the rule of locus standi in his dynamic judgements
Me A, G. VT. Enrel Me Whirter v. Independent Broad Casting
Aut'Eovi€y t'imn ■inraHTp. mr*—
and Black Burn Cases
--------------
U976), 3 All E.R., p*. 1Q4.
(1973), All. E.R., p. 324.
(1968), 1 All. E.R., p. 763.
6* Bee also Bldebotham Case (1880) 14 Ch.D, 458.
This rule was laid down by Lord Justice James.
Also see R»V» Gaardiam of Lewigham Union (1897) 1 Q»B. 498.
7. (I960) 262 U.S, 17.
 - 630 -

or legal injury or his legal right and liberty was violated

and he is entitled to approach the court, but on account of
some disability or it is not practicable for him to move the
court for such other sufficient reasons such a socially or
economically disadvantaged position, some other person may
invoice assistance of the court for the purpose of providing
judicial redress to such a person so that justice is done to
Q
him, though exception became the rule, the Supreme Court
declined to extend it further as would be clear from U» S* v.
ft’ Vlfllam B.Richardson.^

As compared to the American development, public inter­

est litigation in India has been initiated by some Judges of the
Supreme Court themselves. During the post emergency era, the
activist press, investigative journalism, legal activists in
the universities and social action groups provided a new ground
and fertile soil for the birth and growth of public interest
11
litigation,1 and the Supreme Court thus, evolved public
interest litigation to establish a juridical democracy. '
Mr, Justice P«W. Bhagwati (the thm Chief Justice of
India) treated it as essentially a co-operative or collaborative

8. Ibid.
9* (1974) 418 U.3. 166, . Warth v. Seldin C1974) 422 U.S. 490
and Harris v. McKal (1980) 448~Ur3‘.—297.
10. See Upendra Baxi, "faking Suffering Seriously* Social
Action Litigation in the Supreme Court of India”, 8-9
Delhi Law Review, (1979-1980) at 104, 116-
11. Ibid p. 92.
12. Madhva Menon, N.R,, "Public Interest Legislation s A major
break through in the ..Delivery of Social Justice", Journal
of Bar Council of India, vsn-§, (1982), p. 161*
 - 631 -

effort on the part of the petitioner* the State or the Public

Authority and the Court to secure observance of the constitu­
tional or. legal rights* benefits and privileges conferred upon
the vulnerable sections of the community and to reach social
justice to them. It is a "silent social revolution through the
judicial process, though it is still in the process of formula-
tion arid concretization. 1 It seeks to help the victims of the
i/i
governmental lawlessness or repression.

The Supreme Court emphasized upon this aspect in

Labourers working on Salal Hydro Electric Project v. State of
J&K1^. San.jit Roy v. State of Rajasthan1^, bonded labourers, ^
18 IQ 90
women , children , and in many others. alongwith environ-

13. See Justice P*N. Bhagwati, “Unorganised Rural Labour'1, (1984)

3 SCC (Journal p.44 at 51-52. See also S.K• Agarwala, Public
Interest Litigation in India, A Critique. (Tripathi, Bombay
19^5), p.?-S. Proi. Upendra^axi called it “Social Action
Litigation". See Upendra Baxi, "Taking suffering seriously*
Social Action Litigation in the Supreme Court of India",
8-9.Delhi Law Review.(1979-80} 91; Upendra Baxi, Courage,
Craft & Conte.^=rc;tion, Indian Supreme Court in the Eighties,
( 1985) 18-20, Chief Justice P.N.Bhagwati also adopted the
expression “Social action",
14. Parmanand Sin^h, "Access to Justice s Public Interest Liti­
gation & the Indian Supreme Court", Delhi Law Review, 10-11
(1981-82) 156. -------------------------
15* AIR 1984, SC 177.
16. AIR 1383, SC 5281.
17. Bandhua Muktl Morcha v. Union of India, AIR 1984 SC 802;
Bukesh Advani v. state of M.P. t Aid. 1§859 SC 2363 and
Beerja v. State o~£ B.P1, AIR"
18. Upendra Baxi v. State of U.P., (1981) 3 Scale 1137;
Sheela Parse v, State ojHffiEarashtra. AIR 1983, SC 378.
Upendra Baxi v. St at e of ~ U *P. ~ AIR 198 7. SC 191.
19* Sheela Barse v. Union, of India, AIR 1986, SC 1773; Laxmikant
P'andey v. Union o?‘India, A"IR'r 1984, SC 469; AIR 1986T^U 2?2
and AIR 19^7 Sc 232; Sheela Parse v. Secretary Children Aid
Society, AIR 1987, SC' 656- ” ■
20. Olga Tell is v. Bombay Municipal Corporation. AIR 198O SC 180;
People's Union for Democratic Rights v. Union of India. AIR
1987 SC 355; Social Workers & Research Centre, Bansiyara v.
State of Ra.1» AIR 1987, SC 26} M.C.Mehta v. Union of "India,
AIR 1987, SC 1086.
 — 632 -

21 22
mental protection , and release of under trials*
23
In Kamia case three Jovinalists brought to the notice
of the Court the tale of the victims of flesh trade who were
lured and then sold as chattels in certain parts of Madhya
Pradesh.. The Court provided relief by ordering the payment of
compensation to them. These victims were later rehabilitated.

In Fertilizer Corporation K am gar Union Sindrl v. Union

ph
of India , the question before the court was whether the workers
in a factory owned by Government could question the legality or
validity of sale of certain plants and equipment of the factory
by the management. Though the Court ultimately did not interfere,
because it did not find the sale to be unjust, on the maintain­
ability of the challenge, the Court did accept the standing of
the workers emphasizing that law is a social auditer and this
audit function can be put into action only when some one with
real public interest ignites the Jurisdiction, ^

21. Rati am Municipality v. V.jjdhl Chand, AIR 1980 SC 1622-23*

ft.Q* & E. Kendra^ vT Staiteoi U*P" /'""AIR 1985, SC 652;
H«C. Mehta v. Onion of India, AIR 1987 SC 1086;
Shrl Sachldanand Pandey' v.'Hatate of W. Bengal. AIR 1987, SC
110; Subhash Kuaar v. state of Slhar, AIK 1991. SC 420.
22. Sunil Batra v. Delhi Administration (AIR 198O SC 1579)*
Sheela Parse v. State of Maharashtra (Alii 1983 SC 378) &
Sheela Parse v. Union of India, (AIR 1986 SC 1773) brought
the feu inhuman and degrading conditions of prisons and
prisoners before the human rights conscious court.
23. Arising in Writ petition No.2229 of 1981. Mrs.Kapoor,
Ashwini Sarin, Arun Shourie (Petitioners v. State of M*P)
For comment on this case please see; Arun Shourie.'‘on why
the Honourable Court Must Hear usH? (1981) 4 SCO 1«
24. AIR 1981 SC 344.
25* Ibid 354.
 - 633

Regarding the rule of 'locus standi*, Justice Bhagwati

in S.P. Gupta v. Union of India opined that judicial redress
available only to a aggrieved party, was "a rule of ancient
vintage".2^ Because the Court has to innovate new methods and

devise new strategies for the purpose of providing access to

justice to large masses of people who are denied their basic
27
human rights and to whom freedom and liberty have no meaning.

Schwartz and Wade also endorsed the same opinion that

if no one can have standing to maintain an action for judicial
redress in respect of public injury because he is not suffici­
ently affected personality the injury or wrong may turn to the
street and in that process, the role of law will be seriously
impaired. It is absolutely essential that rule of law must wean
the people away from the lawless street and win them for the
28
court of law.

Justice Bhagwati (as he then was) cautioned the Court

that who approached the Court in such cases, must be acting
bonafide and not for personol gain or private profit or political
motivation or other oblique consideration.2^

Importance of Public Interest Litigation was elaborated

by the Supreme Court in Bandhua Mukti Morcha *

Public interest litigation is not the nature of

adversary litigation but it is a challenge and

26. AIR 1982 SC 149 at p. 185 (popularly known as Judges'

Transfer case).
27. At 189.
28. B. Schwartz & H. W. Wade, Legal Control of government, (1972)291.
29* S.P« Gupta v. Union of India, AIR 1982, SC 149 at 195-
30. Bandhua Mukti Morcha v. Union of India, AIR 1984 SC 802}
Meer.ja Chaudhary, AIR 1984 SC 1099.
 - 634

an opportunity to the Government and its officers

to make basic human rights meaningful to the 3.
deprived and vulnerable sections of the community*

In actual practice the Supreme Court and (High Courts)

h?
started taking notice of letters" sent by aggrieved individuals

or on their behalf, news paper reports about some public injury

and petitions from social workers and voluntary organisation

complaining public injury. Shri Justice Bhagwati, by his

several hold judgement, promoted poor and downtrodden all over

the country to write to him about their grievances and started

receiving large number of than. His other colleagues felt that

this amounted to permitting a litigant to choose a judge of his

liking and get his cases decided by him. Such a preference was

unknown to our jurisprudence and could not be permitted.

The concept of Public Interest Litigation has also been

utilised by the social action groups to secure release of bonded

labourers and also for proper rehabilitation of the freed bonded

33
labourers.

31. F.N. 30 at 811.

32. A unique example is a case from Gujrat High Court Where M.P.
fhakkar J took up a case sue mo to on the basis of a letter
published in the Times of India 25 Sept.» 1979CAhemdabad)
written by one Kerala'woman, ftrs.P*K. Kartiani complaining
the inaction of provident fund authorities are not paying
her the PF left by her husband;, the judge treated the letter
to the editor as a petition which ended up in a prompt pay­
ment of the entire dues to the woman who was totally ignorant
of what was being done for her in Gujrat High Court. The
full text of the case is reproduced in N.Ft.Madhava Manon,
"Public Interest Litigations A Major breakthrough in the
Delivery of Social Justice", 9 JBCI (1982) pp. 158-160
(Journal of Bar Council of India).
33. See F.N. 30.
 635

At present our law courts have accepted the view that

social workers and voluntary organisations interested in public
administration are entitled to move the court complaining public
34
injury. The Supreme Court in Bandhua Mukti Morcha case clari­
fied that *.

When the Court entertains public interest litigation,

it doe3 not do so in a cavilling spirit or in a con­
frontational mood or with a view to tilting at executive
authority or seeking to usurp it, but its attempt is
only to ensure observance of social and economic rescue
programmes legislative as well as executive, framed for
the benefit of the have-nots and the handicapped and to
protect them against violation of their basic human
rights, which is also the constitutional obligation
of the executive. The court is thus merely assisting
in the realisation of the Constitutional, objectives.^*

Public Interest Litigation has giv@i impetus to article

21 of the Constitution, The enforcement dimension of the judicial
process had led the court to issue successive directions and the
reminders to the state to comply with the judicial guide-lines to
protect the rights of the tortured and exploited*

Bandhua Mukti Morcha made right to live with human

dignity a fundamental right under Article 21. Neerja Chaudharv v.
State of M. P. 37* released and directed for rehabilitation of bonded
38
labourer. Mukesh Advanl v. State of fought against un­
authorised exploitation by paying less than the minimum wage i. e.
to extend its umbrella to poor, needy and unprotected workers who

34. AIK 1984 SC 802.

35. Bandhua Mukti Morcha v. Union of India. AIR 1984 SC 802 at
P~. 811.
36* Parmanand Singh, "Access to Justice" * PIL & Indian Supreme
Court", Lelhl Law Review, 10-11 (1981-82) 156 at 161.
37- AIR 1984, SC 1099.
38. AIR 1985, SC 1363.
 “ 636 -

were unable to negotiate on terms of equality and who might

accept any terms a to save themselves from hunger and destitution.

Justice Tu&zapurkar criticized intervention by the Court

through Public Interest Litigation. According to him, in the name
of alleviating the grave public injury, the Court should not
arrogate to itself the role of our administrator looking after
the management of all non-functioningor mal-functioning public
bo dies* ^

We respectfully disagree with the lulzapurkar’s view*

The Courts have intervened only where administration has failed
to provide justice to the poor - through Public Interest Liti­
gation. The Courts have disciplined the administrative bodies
and corrected them whereever they have gone wrong.

According to Justice Bhagwati t those who were decrying

public interest litigation did not realize that, "it is only the
moneyed who have so far bad the golden key to unlock the doors
of justice" and then for the first time the portals of the Court
were being thrown open to the poor and the down-trodden, the
Lq
ignorant before the courts through public interest litigation.

This new device of Public Interest Litigation deserves

its special mention to make the right to life and personal
liberty of these bonded labourers meaningful. It is not boosting
to say that this new creation of the Apex Court has proved to be

39* V.D. Tulzapurkar. "Judiciary, Attacks & Survival11, AIR 1983

(Journal) 9 at 14..
40. (Id. at 1476)* See also Bihar Legal Supports Society. New
Qelhi v. C.J. of India. AIR. 1987 strategy of public interest
litigation was involved in order to bring justice within the
easy reach of poor and disadvantaged sections of the commu­
nity ed. at 39*
See also Veena Sethi v. State of Bihar. AIR 1983, SC 339.
 637

a boon for the people of India specially the down-trodden,

illiterate, socially, politically and economically poor/
A’ 1 m
handicapped? unaware of their fundamental rights. The clu­
tches of poverty were the hinderance in their way to fi$it
for the cause.

The court showed its deep concern to say that identi­

fication and release of the bonded labourers is though impor­
tant step but the most important step is to rehabilitate them
after identification and release. Without proper rehabilita­
tion, it would be cruelty and heartlessness to identify and
release than merely to throw them at the mercy of the existing
social and economic system which denies to them even the basic
necessity/ies of life such as food, shelters and clothing.

The court warned that any failure of action on the

part of State in implementing the provisions of the Bonded
Labour System (Abolition) Act, 1976, would be the clearest
violation of Article 21 apart from Article 23 of the Consti-
42 rs
tution. w Because it will, otherwise, deprive a man of all
opportunities of advancement and his freedom and liberty have

41. The concern of the Courts for under privileged and poor
sections of the society is aptly reflected in Bihar Legal
Support Society v. The Chief Justice of India'and others
(A IB. 1967 SC 38)... That the weaker sections of Indian ~
humanity have been deprived of Justice for long, long
yearsj they have had no access to Justice or. account of
their poverty, ignorance and illiteracy. This court has
always shown the greatest concern and anxiety for the
welfare of large masses of the people in the country who
are living a life of want and destitution, miserty and
suffering and has become a symbol of the hopes and aspi­
rations of millions of people in the country.
42. Ibid 1099.
 «* 638

no meaning before poverty, hunger, wants and destitution, who

have no square meal per day, hardly a roof over head, scarely
one piece of cloth to cover his shame, the identification and
release will have no meaning If they are compelled to accept
the bondage of hunger and starvation without proper rehabili­
tation where they can not secure even a morsol of food to fill
the lauigry stomachs of their starving children. Various
Government scheme and 20 Economic programmes are initiated for
the purpose but their benefits have been cornered by those with
political influence and well to do. Thus steps for social and
economic rehabilitation must be taken.
MUcesh Advanl v. State of M.P.^ is another attempt of

of the Supreme Court through a Public Interest Litigation, where

this apex court directed to protect against exploitation of
workers (Bonded labourers in stone quarries at Raisen in M.P.).

The device of Public Interest Litigation is the right

innovation. It high lights the non implementation of Various
legislation meant for the upliftment of the weaker sections of
society. This way it has educative and demonstrative role.

It is the PIL (Public Interest Litigation) where for

the first time after independence, preps exposed governmental
lawlessness and social tyrany through investigative Journalism
of a high order.

4p © Ibid at 1100.
44. AIR 1985, SC 1363.
 *™ 659 -

It has brought relief-to the undertrials prisoners,

45
anueliorated the conditions of women in protective homes,
got the facility of medical check up for the inmates of remand
46
homes.

PIL (Public Interest Litigation) prohibited the traffic

in women, flesh trade, put a check on custodial violence against
women in police lock and children in juvenile institution,
released bonded labour, enforced labour laws, prohibited the
employment of children in construction work, improved slua
conditions and contributed to the protection of environment.
The thrust of PIL is to benefit the poor, uneducated, disabled
and the helpless who have no other means to have their rights
vindicated. It has made the right to life much more than animal
47 -r
existence. 1 In this stage, it is difficult to say what effects
the expansion of PIL would have on judiciary and whether judici­
ary would be able to cope with this additional burden on it.

45. In Upendra Baxi1 & case

Upendra daxi(l) v. State of U.P., (1983)2 SCC 3G8j See also
Upendra Sax 1(11) v. State of U.'P. (1986)4 SCC 106;
two Professors of Law through a letter brought to the notice
of the Court the barbaric conditions of the inmates in the
Agra Protective Home for women. Treating the letter as writ
petition, the court directed* the U.P. Government to amelio­
rate the condition of the inmates of the Home. Similar
complaints were made against Delhi'Women* s Home and the Court
again provided relief to the inmates* (Chinnamma Sivdas v.
Delhi Administration. Writ Petition Ho.252 of 1982
( unreported).
46. See Indian Express (Bombay) 7-2-65.
Where the Gujrat High Court in a PIL matter issued interim
order for the health check up and subsequent follow up of
the inmates of a remand Home following the report of a Court
inquiry which brought out serious lapses in the medical
facilities in the Home.
47. F.K. Hussain v. Union of India & Others, AIR. 1990 Kerala 521.
Subliash Kumar v." State 'of Bihar, AIR'" 1^92, SC
 - 6^0 -

Bonded Labourers & Their Protection Against Exploitation

Personal liberty and hunan dignity are the most cherished

values of our Constitution which help in the development of an
individual’s personality and the ideas of socio-economic justice
can be realized in its background. Judicial activism through
interpretative process have given the widest possible meaning to
this fundamental right to life and personal liberty under Article
21 of our Constitution.

This Article protect against exploitation and Article 23

specifically prohibits traffic in nun an beings and be gar and other
48
similar forms of forced labour.

The abolition of slavery has gone on for a long time.

Rome abolished slavery, America abolished it and we did, but only
the words were abolished, not the thing.^ In India, inspite of

the various existing provisions in the Constitution as also in

other laws, the plight of the workers and the labourers is miser­
able. They do not have the Dare necessities of life. They stru-

48. Article 23 provides *

Prohibition of traffic in hunan beings and forced labours
1. Traffic in hunan beings and begar and other similar forms
of forced labour are prohibited and any contravention of
this provision shall be an offence punishable in accord­
ance witn law.
2. Nothing in this article shall prevent the State from imposing
compulsory Service for public purposes, 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.
Compulsory military service or social service can be imposed
because they are neither begar nor traffic in the human beings
DuLal Sam ant a v. D.M. Howrah, AIR 1958, Cal. 365.
49* Cited in V.R. Krishna Iyer, Indian Social Justice in Crisis,
(EWP, New Delhi, 1983) p. 21.
ggle between life end death. They are continued to be exploited
in the hands of a few who have the vested interests. They have
to work in inhumane conditions. Children and youth are exploited
and they do not have the opportunities and facilities to develop
in a healthy manner and in conditions of freedom and dignity. But
we are fortunate to be in this country where the judiciary has
played an important role in realising the Constitutional goals
and assuring the rights to the downtrodden and the weak.

Various Acts i.e. The Bihar & Orissa Kamaiuti Agreement

Act, 1920, the Madras Debt Bondage Abolition Act, 19^0, remained
dead letters. Orissa Debt Bondage Abolition Regulation & Rajasthan
Sagri System Abolition Act, 1961 also failed to eradicate this
pernicious evil of forced or bonded labour.

During the consideration of Article 17 of the Draft Cons-

titutlon, which corresponds to Article 23 of the Constitution, it
50
was observed by Sh. Raj Bahadur in the Constitutional debates.

'Begar like slavery has a dark and dismal history

behind it. As a man coming from Indian State, I
know what this begar, this extortion of forced
labour, has meant to the down-trodden and dumb
people of the Indian States. If the whole story
of this begar is written, it will be replete with
human misery, human suffering, blood and tears.

In the statement of objects and reasons of the Bonded

Labour System (Abolition) Act, 1976, it was stated that there
still exists in different parts of the country a system of usuary
under which the debtor or his descendants or dependants have to

50. VII C.A.P. 809* Bee also the views of T.T. Krighammachari,
Id. at 810-11. * " ....
 642

work for the creditors without reasonable wages or with no wages

in order to extinguish the debt. At times, several generations
work under bondage for the repayment of a Paltry sun which had
been taken by some remote, the rates of interest are exhorbitant
and such bondage can not be interpreted as result of legitimate
contract or agreement. The system implies the infringmeht of the
basic hum an rights and destruction of the dignity of human labour.
The Act was to provide for the abolition of bonded labour system
with a view to preventing the economic and physical exploitation
of the weaker sections of the people and for matters connected
therewith or incidental thereto.

Though technically bonded labourers were freed in 1975,

yet the system of bonded labour or forced labour exists in differ­
ent parts of the country. Peter Davies,' Director of the Anti
Slavery Society, at a meeting of the working group on slavery, a
subsidiary body of U.fl. Commission on Hunan Rights. Geneva, criti­
cised the Indian Government Performance in tackling the problem,
saying the action taken by it was Mat best deficient*' and "at
worst non existent". He also implied that political will to deal
with the problem, in a time bound manner, was lacking in India*

The true scope and ambit of other facets of bonded labour

as "begsr" and other similar forms of forced labour" have been
most elaborately explained by the Supreme Court in a monumental
case of People1 s Union for Democratic Rights v. Union of India 52

51. See Indian Express (Chandigarh edition), 6, (4 August, 1984)

52. Aia 1982, SC 1473*
 643 -

popularly knoy/n as Asiad Workers Case. In this case through

Public Interest Litigation, it was contended that there is clear
violation of the provisions of Minimum Wages Act, 1948, as the
workers, in construction work of the various projects connected
with Asians games, did not get the minimum prescribed wages. Thus,
the main question to be decided by the Court was whether there was
any violation of rights under Article 21, 23 and 24 of the Consti-
54
tut ion. ^

The Supreme Court, relying on Maneka Gandhi v. Union of

India'*"* and Francis Ceralie Mullin v. The U.T. Delhi^, pointed

out that Article 21 has acquired a new dimension andit has received
most expansive interpretation. It has been held that right to life
guaranteed under Article 21 is not merely confined to physical
existence or to the use of any faculty or limb through which life
is enjoyed or soul communicates with outside world but it also
includes within its scope and ambit the right to live with human
dignity because no procedure couLd ever be regarded as Hreasonable,
fair and just", by which such deprivation is affected. In the
Asiad Workers’ case, the workers were confirmed with rights and
benefits by the provisions of various labour laws, already mentioned

53. The violation of various other laws such as Employment of

Children Act, 1938; Contract Labour (Regulation & Abolition)
Act, 1970; the Inter-State Migrant Workmen- (Regulation of
Employment and Conditions of Service) Act, 1979 and Equal
Remuneration Act, 1976 etc; were also alleged.
54. Id. at 1479-80, 1484-85.
55. AIR 1978, SC 597.
56. AIR 1981, SC 746.
in the facts of case. These provisions were clearly intended to
ensure basic human dignity to the workman and if the workman were
deprived of any of these rights and benefits, then that would
57
clearly be violative of Articles 21 of the Constitution.

Dwelling on the scope of Article 23 of the Constitution,

Bhagwati, J.(as he then was) speaking for the Court observed •

(Article 23) is clearly designed to protect the individual

not only against the State but also against other private
citizens. Article 23 is not limited in its application....
The Sweep of Article 23 is wide and unlimited and it
strikes at ’'traffic" in human beings and begar and other
similar forms of forced labour" where they are found.-*5

It was pointed out that the word * begar* used in Article

23 is not a word of common use in English language. It is a word
of Indian origin which like many other words had found its way in
the English vocabulary though it is difficult to formulate its
precise definition of word "begar", but there can be no doubt that
it is a form of forced labour under wnlch a person is compelled
to work without receiving any remuneration for it. It is thus
clearly a film of forced labour. Now it is not only begar which
is prohibited under Article 23 but also "all other similar forms
of forced labour", whenever they are found. It was observed*

This article (Article 23) strikes at forced labour

in whatever form it may manifest itself, because it
is violative of hunan dignity and is contrary to
basic human values.59

57. Asiad Workers Case, AIR 1982, SC 1473 at 1485*

58. Ibid.
59* Id. at 1487. The practice of forced labour has been condemned
in almost every international instrument dealing with hunan
rights (See for example Convention No. 29 & 105 of ILQ, Art»4
of the European Convention of Hunan Rights & article 8 of the
International Covenant on Civil & Political Rights. (See also
Rohit Vasuvadav. G.M. IFFCQ, AIR 1§84, CujB 102.
 - 645

It is submit-ed that the Supreme Court gave Article 25

a very wide scope so as to include in it every kind of forced
labour including the oonded labour. The Court relied on the
fiO
principle enunciated in Maneka Sandhi v. Union of India that
while interpreting the provisions of the Constitution conferring
fundamental rights, the attempt of the Court should be to expand
the reach and ambit of fundamental rights rather than to attenuate
61
their meaning and content.0

It was observed *
It is difficult to imagine that the Constitution
makers should have intended to strike only at
certain forms of forced labour leaving it open
to the socially or economically powerful sections
of the community to exploit the poor and weaker
sections by resorting to other forms of forced labour.

While explaining the meaning of “other similar forms of forced

labour”, the Court observed •

“We do not chink it would be right to place on the

language of Article 25 an interpretation which would emasculate
its beneficial provisions and defeat the very purpose of enacting
them. We are clear of the view that Article 25 is intended to
abolish every form of forced labour. The words “other similar
formsof forced labour'1 are used in Article 25 not with a view to
imparting the particular characteristic of 'begar' that labour or
service should be exacted without payment of any remuneration but
with a view to bring ing within the scope and ambit of that Article
all other forms of forced labour and since 'begar' is one form of

60. AIR 1978, 8C 597*

61. At 1487.
62. Ibid.
 - 646 -

forced labour, tile Constitution makers used the words "other

63
similar forms of forced labour".

It is submitted that the Supreme Court has rightly

explained the meaning of "other similar forms of forced labour".
It is recognised principle of interpretation that he court
should always avoid that interpretation which would make any
words used by the legislature as superfluous or redundant.

The another important question, wnich arose before the

Court for consideration, was whether there was any violation of
Article 23 when a person provides labour or service to the State
or any other person and is paid less than the minimum wage for it.
Commenting on this question, Bhagwati J (as he then was) observed*

That where a person provides labour or service

to another for remuneration which is less than
the minimum wage, the labour or the service
rendered by him clearly falls within the scope
and ambit of the words "forced labour" under
Article 23.64

What is prohibited under Article 23 is "forced labour"

that is labour or service which a person is forced to provide and
"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 level provisions such as a provision for

63. P.U.jj.FU v. Union of India, AIR 1982 SC 1473 at p. 1487-88.

See also Bailey v. Albama, (1910) 219 US 219*
64. At 1490. In fact SC has always insisted that the workers
should be paid 'minimum wages* under the Minimum Wage Act,
1948. See also Ishwar Bhai v. Taluk a Development Officer,
AIR 1983, SC 336s Ram Kumar v. State of Bihar, AIR iTBS7,
SC 537; Ministry of Labour & Rehab ilitatiorTT. Tiffins
B.. A» & P. Ltd; AIR 1985, SC 1391*
 - 647 -

imprisonment o£ fine in case the employee fails to provide labour

or service or it may even be compulsion arising from hunger,
poverty, want and destribution. Thus, the term “force" was
explained by the Court in the following words »

“The word 'force* must, therefore, be construed

to include not only physical or legal force but
also force arising from compulsion of economic
circumstances which leaves no choice of alter­
natives to a person in want and compels him to
provide labour or service even though the remuneration
received for it is less than the minimum wages.®?

It is submitted that the wider interpretation to the

various phrases used in Article 25 of Constitution given by the
Supreme Court would make, right to live with human dignity, a
reality for millions for workers who are doing forced labour for
one reason or the other.

In the Asiad Workers case, ° the Supreme Court took note

of the inadequacy of the punishment imposed on the violaters of
the labour laws. It was pointed out that if violation of labour
laws are going to be punished only by meagre, fines, it would be
impossible to ensure the observance of labour laws and the labour
laws would oe reduced to nullity and they would remain only paper
tigers without any teeth or claws* . The Court impressed upon the
Judges and magistrates of the Country that the violations of labour
beneficial provisions must be viewed with strictness and where-
ever any violations of labour laws are established before them,
they should punish the errant employees by imposing adequate
punishment.

65* Ibid.
66. People Union for Democratic Rights v. Union of India. AIR
------------------------ -------------------- ----------

67. Id. at 1482.

 64S -

fi O
In Sanjlt Roy v. State ox Rajasthan, a social action
group with its director the petitioner was engaged in the work of
upliftment of Scheduled Castes and Scheduled Tribes in different
areas. In this case Rajasthan Famine Relief Works i&nployees
C&xamption from Labour Laws) Act, 1964, which excluded the appli­
cation of Minimum Wages Act in relation to workmen employed on
famine work, was held to be violative of Article 23 of the Consti­
tution.^^ The Supreme Court relied on the Aslad Workers case and
held that the payment of wages less than the minimum wage amounts to
•forced labour' and hence violates article 23 of the Constitution, 70

The Court pointed out that no work of utility and value

can be allowed to be constructed on the blood and sweat of persons
who are reduced to state of helplessness on account of drought and
scarcity conditions. The State could not, under the guise of
helping persons, exact work of utility and value without paying
them the minimum wage. 71

In LaPourers Working on Salal Hydro Project v. .State of

72
daft t People's Union for Democratic Rights addressed a letter co
Supreme Court alleging that the labourers coming from different
parts of the Country to the site of Salal hydro Project in the

68. AIR 1983, ^C 328.

69» P. 333.
70. Id. at 331-32. Pathak, U.tas he then was) who constituted the
bench along with Dhagwati, J but based his decision in a
separate judgement on the ground that there was a breach of
Article 14 of the Constitution rather than Article 23 of
Constitution. See Id at 335-336*
71. Id. at 333-334.
72. AIR 1984, SC 1?7.
 - 649 -

State of J&K were being exploited and they were being denied the
right to live with human dignity. The Supreme Court, treating
the letter as writ petition, directed the observance of the
various labour laws and also pointed out that the minimum wages
must be paid to the workmen directly without any deduction save
73
and except those authorised by the .Statute.

Thus on the basis of the report of Labour Commissioner,

who was appointed by the Court to investigate the allegations made
through a letter addressed to the Supreme Court, which proved all
allegation, the Court directed the Union Government to enforce the
Inter-State Migrant Workman Act, ^ and the contract Labour Act,^

to ensure the payment of the normal and the overtime wages to the
workers under the supervision of an authorised representative
either ox the Central Government or of the National Hydro-Liectric
Power Corporation, and to arrange inspections from time to time to
see that the labour laws enacted for the benefit of the workmen
were being observed in letter and spirit.

A similar decision was given by the Court in Ram Kumar

7c
Mishra v. State of Bihar, ° in which a letter written to the Court
by Ram Kumar Mishra, President of Free Legal Aid Committee, Bhagal-
pur, was treated as a writ petition. The petition said that the

73. Id. at 183-184.

74. The Inter-State Migrant Workmen (Regulation of Employment &
Conditions of Service)Act, 1979 seeks to regulate the employ­
ment of Inter-State Migrant Labour & provides for better
conditions of service.
73* The Contract Labour( Regulation & Abolition)Act. 1970 s the
objective of the Act is to regulate the employment of
Contract labour in certain establishments and to provide
for its abolition in certain circumstances.
76. AIR 1984, SC 537.
 - 650 -

workmen employed in two ferries* one at Bhagalpur and. the other*

at Sultanganj, were not paid the minimum wages as prescribed by
the notification issued under the Minimum Wages Act, 1948. The
Court held that the Bhagalpur and Sultanpur Ferries were establi­
shed within the meaning of the word rtestablishment" in section
2(b) of the' Bjhar Shops and Establishment Act, 1953. The Minimum
Wages Act, 1948, would, therefore, be applicable to the workers
employed in the Bhagalpur and the Sultanganj ferries. Mon payment
of minimum wages (or payment of wages less than minimum) amount
to forced labour and thus violates Article 23.

From the aoove judgements of the Bupreme Court of India,

it is amply clear that the apex Court not only protected the
workers from exploitation but also displayed a creative attitude
oy giving wider meaning to the expression ’forced labour’. It is
this new dimension of 'forced labour' which would cover all kinds
of exploitations of workers within the ambit and scope of Article
23 read with Article 21 of the Constitution. Thus the supreme
Court made right to live with human dignity meaningful for those
who were being exploited.

The Supreme Court delivered its significant decision on

77
the bonded labourers in the Bandhua Mukti Morcha case. An
organisation - Bandhua Mukti Morcha - the petitioner was dedicated
to the cause of bonded labourers in the country. Justice Bhagwati
(as he then was) while describing the true condition of bonded
labourers remarked that they are non-beings, exiles of civilization,

77. Bandhua Mukti Morcha v6 Union of India, AIR 1984, BC 802.

 » 651

living a life worst than that of animals, for, the animals are at
least free to roam about as they like and they can plunder or grab
food whenever they are hungry. But these outcastes of society are
held in bondage, robbed of their freedom and they are consigned to
an existence where they have to live either in hovels or under the
open sky and be satisfied with whatever little wholesome food they
can manage to get, inadequate though it be to fill their hungry
stomachs. Not having any choice, they are driven by poverty and
hunger into a life of bondage, a dark bottomless pit from which,
78
in a cruel exploitative society, they can not hope to be rescued.

The system of bonded labour stood prohibited by Article 23

of the Constitution and there could have been no more solemn and
effective prohibition than the one enacted in this Article 23.

in Bandhua Mukti Morcha, the Supreme Court took note of

the causes of failure of Bonded Labour System (Abolition) Act, 1976.
In this case the State of Haryana tried to escape the liability of
releasing the bonded labourers by saying that there were no bonded
labourers in this State.^ The petitioner made a survey of the

stone quarries in Faridabad district and found that there were

large number of labourers from Maharashtra, M.P., U.P. and Rajas­
than working in Stone quarries and stone crushers in this district
under 5 inhuman and intolerable conditions' and many of them were
bonded labourers. All these findings of the Morcha, sent in the

78. Id. at 805.

79. Id. at 825-826.
 652 -

fora of letter to Supreme Court in February, 1982, were admitted

as y/rit petition. There was violation of constitutional provisions
and the Statutes which were not being implemented or observed in
regard to the labourers working in these stone quarries. 80

The contentions of Haryana State that (i) labourers would

be bonded only if they have or are presumed to have incurred a
bonded debt, secondly it is not enough for the petitioner to show
that the workmen were providing forced labour and they were not
allowed to leave the premises of the estaQlishment, but it was
further necessary to show that they were working under the bonded
labour system and then might be forced labourers in the stone
quarries and stone crushers but they are not bonded labourers within
31
the meaning of that expression as used in the Act*

^ejecting the above contentions, the Supreme Court obser­

ved*
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 labour.... entitled to the benefit of the
provisions of the Act. The State Govt, can not
be permitted to repudiate its obligation to iden­
tify, release and rehabilitate the bonded -labourers
on the plea that though the concerned labourers
may be providing forced labour, the State does not
owe any obligation to them unless and until they
show in an appropriate legal proceedings conducted
according to the rules of adversary system of
justice, that they are bonded labourers.

80. Id. at 308.

81. Id. at 826*

82. Id. at 827*
 - 653 -

It is submitted that one fails to understand as to how

the State Government, which is constitutionally mandated to secure
right to live with human dignity, could possibly take up the stand
that the labourers must prove that they are bonded labourers. It
is a matter of great regret that the State Government should have
insisted on a formal rigid and legalistic approach in the matter
of a statute which is one of the most important measures for ensur­
ing human dignity to those unfortunate specimens of humanity who
are exists of civilisation and who are leading a life of object
misery and destitution.

It is very unfortunate that the administration does not

even admit the existence of bonded labour even where it is pre­
valent. Thus the task of identification of bonded labourers
suffers this major handicap.

It is, therefore, necessary to impress upon the admini­

stration that it does not help to astrich - like bury its head in
the sand and ignore the prevalence of bonded labour, for it is not
the existence of bonded labour which is slur on the administration
but its failure to eradicate it and moreover, not taking the
necessary steps for the purpose of wiping out this blot on the
83
fair name of the state is a breach of Constitutional obligation.

In simple and plain terms there is clear cut violation

of all the labour welfare provisions and thus exploitation of this
weak class in the form of bondage.

83. Ibid.
 - 654 -

The Supreme Court in Bandhua Muktl Horcha issued the '

directions to Central Government and State of Haryana to improve
the conditions of bonded labourers so that they may be equally
participants in the fruits of freedom and development.

(1> The Government of Haryana will, without delay and at any

rate within six months from today, constitute Vigilance Committee
in each sub-division of a distri ct in compliance with the require­
ments of Section 13 of the Bonded Labour System (Abolition) Act,
1976 keeping in view the guidelines given by us in this judgement.

(2) The Government of Haryana will instruct the district

magistrates to take up the work of identification of bonded labour
as one of their top priority tasks and to map out areas of concen­
tration of bonded labour which are mostly to be found in stone
quarries and brick kilns and assign task forces for identification
and release of bonded labour and periodically hold labour camps in
these areas with a view to educating the labourers inter alia with
the assistance of the National Labour . Institute.

(3) The State Government as also the Vigilance Committees and

the district magistrates will take the assistance of non-political
social action groups and voluntary agencies for the purpose of
ensuring implementation of the provisions of the Bonded Labour
System (Abolition) Act, 1976.

(4) The Government of Haryana will draw tip within a period of

three months from today a scheme or programme for rehabilitation
of the freed bonded labourers in the light of the guidelines set
out by the Secretary to the Government of India, Ministry of
Labour in his letter dated 2nd September, 1902 and implement such
scheme or programme to the extend found necessary.
 - 655

(5) The'-Central Government and the Government of Haryana will

take all necessary steps for the purpose of ensuring that minimum
wages are paid to the workmen employed in the stone quarries and
stone crushers in accordance with the principles laid down in this
judgement ana this direction shall be carried out within the shor­
test possible time so that within six weeks from today, the workmen
start actually receiving in their hands a wage'not less than the
minimun wage«

(6) If payment of wages is made on truck basis, the Central

Government will direct the appropriate officer of the Central
Enforcement Machinery or any other appropriate authority or officer
to determine the measurement of each truck as to how many cubic
feet of stone it can contain and print or inscribe such measurement
on the truck so that appropriate and adequate wage is received by
the workmen for the work done by them and they are not cheated out
of their legitimate wage.

C7) The Central Government will direct the inspecting officers

of the Central Enforcement Machinery or any other appropriate
inspecting officers to carry out surprise checks at least once in
a week for the purpose of ensuring that the trucks are not loaded
b.eyond their true measurement capacity and if it is found that the
trucks are loaded in excess of the true measurement capacity, the
inspecting officers carrying out such checks will immediately
bring this fact to the notice of the appropriate authorities and
necessary action shall be initiated against the defaulting mine
owners and/or thekedars or jamadars-
 - 656 -

(8) The Central Government and the Government of Haryana will

ensure that payment of wages is made directly to the workmen by
the mine lessees and stone crusher owners or at any rate in the
presence of a representative of the mine lessees or stone crusher
owners ahd the inspecting officers of the Central Government as
also of the Government of Haryana shall carry out periodic checks
in order to ensure that the payment of the stipulated wage is made
to the workmen.

(9) The Central Board of Workers Education will organise

periodic camps near the sites of stone quarries and stone crushers
in Faridabad district for the purpose of educating the workman in
the rights and benefits conferred upon them by social welfare and
labour laws and the progress made shall be reported to this Court
Dy the Central Board of Workers Education at least once in three'
months.

(10) The Central Government and the Government of Haryana will

immediately take steps for the purpose of ensuring that the stone
crusher owners do not continue to foul the air and they adopt
either of two devices, namely, keeping a drum of water above the
stone crushing machine with arrangement for continuous spraying of
water upon it or installation of dust sucking machine and a compli­
ance report in regard to this direction shall be made to this
Court on or before 28th February, 1984.
(11) The Central Government and the Government of Haryana will
immediately ensure that the mine lessees and stone crusher owners
start supplying pure drinking water to the workmen on a scale of
 - 657

at least 2 litres for every workmen by keeping suitable vessels

in a shaded place or conveniently accessible points and such
vessels shall be kept in clean and hygienic condition and shall
be emptied, cleaned and refilled every day and the appropriate
authorities of the Central Government and the
strictly the enforcement of the direction and initiate necessary
action if tnere is any default.

(12> The Central Government and the Government of Haryana will

ensure that minimum wage is paid to the women and/or children who
look after the vessels in which pure drinking water is kept for
the workmen.

il5) The Central Government and the Government of Haryana will

immediately direct the mine lessees and stone crusher owners to
start obtaining drinking water from anyt unpolluted source or
sources of supply and to transport it by tankers to the work site
with sufficient frequency so as to be aDle to keep the vessels
filled up for supply of clean drinking water to the workmen and
the Chief Administrator, Faridabad Complex will set up the points
from where the mine lessees and stone crusher owners can, if
necessary, obtain supply of potable water for being carried by
tankers.

( 14) The Central Government and the State Government will

ensure that conservancy facilities in the shape of latrines and
urinals in accordance with the provisions contained in Section 20
of the Wines Act, 1950 and Holes 55 to 56 of the Wines Rules 1955
are provided at the latest by 15th February 1984.
 - 653 -

(15) The Central Government and the State Government will take
steps to immediately ensure that appropriate and adequate medical
and first aid facilities as required by Section 21 of the Hines
Act, 1952 and Rules 40 to 45-A of the Mines Rules 1955 are provided
to the workmen not later them 51st January 1984.

(16) The Central Government and the Government of Haryana will

ensure that every workman who is required to carry out blasting with
explosive is not only trained under the Mines Vocational Training
Rules 1966 but also holds first aid qualification and cairies a
first aid outfit while on duty as required by Rule 45 of the Mines
Rules 1955.

(1?) The Central Government and the State Government will

immediately take steps to ensure that proper' and adequate medical
treatment is provided by the mine lessees and owners of stone
crushers to the workmen employed by them as also to the members
of their families free ox cost and such medical assistance shall
be made availaole to them without any cost of transportation or
otherwise and the doctor's fees as also doctors including hospita­
lisation charges if any, shall also be reimbursed to them.

( 18} The Central Government and the *>tate Government will

ensure that the provisions of the Maternity Benefit Act 1961, the
Maternity Benefit (Mines and Circus) Rules 1965 and the Mines
Creche Rules 1966, where applicaole in any particular stone quarry
or stone crusher are given effect to by the mine lessees and stone
crusher owners.
 - 659 -

(19) As soon as any wrkcnah employed in a atone quarry or

stone crusher receives injury or contracts disease in the course
of his employment, the concerned mine lessee or stone crusher
owner shall immediately report this fact to the Chief Inspector
or Inspecting Officers of the Central Government and/or the state
Government and such Inspecting Officers shall immediately provide
legal assistance to the workman with a view to enabling him to
file a claim for compensation before the appropriate Court or
authority and they shall also ensure that such claim is pursued
vigorously and the amount of compensation awarded to the workman
is secured to him*

(20) The Inspecting Officers of the Central Government as also

of the State Government will visit each stone quarry or stone
crusher at least once in a fortnight and ascertain whether there
is any v/orkmah who is injured or who is suffering from any disease
or illness, and if so, they will immediately take the necessary
steps for the purpose of providing medical and legal assistance*

(21) If the Central Government and the Government of Haryana

fail to ensure performance of any of the obligations set out in
Clauses 11, 13, 14 and 15 by the mine lessees and stone crusher
owners within the period specified in those respective clauses,
such obligation or obligations to the extent to which they are not
performed shall be carried out by the Central Government and the
Government of Haryana*

Further the Supreme Court ordered to appoint Ghri Laxmi

Dhar Misra, Joint Secretary in the Ministry of Labour, Government
of India as a Commissioner for the purpose of carrying out the
 660 ~

following assignment •

(a) He will visit- the stone quarries and stone crushers in

Farddabad district anc. ascertain by enquiring from the labourers in
each stone quarry or stone crusher in the manner set out by us
whether any of them are being forced to provide labour and are bon­
ded labourers ana he will prepare, in respect of each stone quarry
or stone crusher, a statement showing the names and particulars of
those who, according to the inquiry made by him, are bonded labour­
ers and he will also ascertain from them whether they want tc conti­
nue to work in the stone quarry or stone crusher or they want to go
av/ay and if he finds that they want to go away, he will furnish
particulars in regard to them to the district Magistrate, Faridabad
and the District Magistrate will, on receipt of the particulars from
Shri Laxmi Dhar Misra make necessary arrangements for releasing them
and provide for their transportation back to their homes and for
this purpose the State Government will make the requisite finds
available to the District Magistrate.
(b) He will also enquire from the mine lessees and owners of
stone crushers as also from the thekedars and jamadars whether
there are any advances made by them to the labourers working in
the stone quarries or stone crushers and if so, whether there is
any documentary evidence and in support of thesame and he will also
ascertain what, according to the mine lessees and owner of stone
crushers or the Jamadar or Thekedar, are the amounts of loans
still remaining outstanding against such labourers.
( c) He will also ascertain by carrying out sample check
whether the workmen employed in any particular stone quarry of
 661
- *"

stone crusher are actually in receipt of wage not less unn the
minimum wage and whether the directions given in this order in
regard to computation and payment of minimum wage are being
implemented by the authorities.

(d) He will conduct an inquiry in each of the stone quarries

and 3tone crushers in Faridabad District for the purpose of ascer­
taining whether there are any contract labourers or inter-state
migrant workmen in any of these stone quarries or stone crushers
and if he finds a result of his inquiry that the Contract labour
Act and/or the Inter-State Migrant Workmen Act is applicable, he
will make a report to that effect to the Court.

(e) He will ascertain whether the directions given by us in

this judgement regarding effective arrangement for supply of pure
drinking water have been carried out by the mine lessees and stone
crusher owners and pure drinking water has been made available to
the workmen in accordance with those directions.

(f) He will also ascertain whether the mine lessees and

owners of stone crushers in each of the stone quarries and stone
crushers visited by him have complied with the directions given by
us in this judgement regarding provision of conservancy facilities.

(g) He will also ascertain whether the directions given by us

in this judgement in regard to provision of first aid facilities
and proper and adequate medical treatment including hospitalisation
to the workmen and the members of their families are being carried
out by the mine lessees and stone crusher owners and the necessary
first aid facilities and proper and adequate medical service inclu­
ding ’ .. hospitalisation are provided to the workmen and the
members of their families.
 662 —

(h) He will also enquire whether the various other directions

given by us in thia judgment have been and are being carried out by
the mine lessees and stone crusher owners.

According to the Court, "Shri Laxmi Dhar Misra will carry

out this assignment entrusted to him and make his report to the
Court on or before 28th February, 1984. It will be open to Shri
Laxmi Dhar Misra to take the assistance of such other person or
persons as he thinks fit including officers or employees in the
Ministry of Labour or in the Ministry of Mines, who may be made
available by the higher authorities. If Shri Laxmi Dhar Misra finds
it necessary, he may request the Court to extend the time for sub­
mitting his report by addressing a letter to the Regisry of the
Court. The State of Haryana will deposit a sum of Rs. 5000/- within
two weeks from today for the purpose of meeting the costs and out
of pocket expenses of Shri Laxmi Dhar Misra''.

The. Court observed that if these directions given by us

are honestly and sincerely carried out, it will be possible to
improve the life conditions of these workmen and ensure social
justice to them so that they may be able to breathe the fresh air
of social and economic freedom. The Central Government and the
State of Haryana will pay to the petitioner's advocate a sum of
Rs* 5000/- by way of costs. We are grateful to Mr. Govind MUchoty
for rendering valuable assistance to us in this case.

The majority of labourers and workers are yet to have

humane conditions of work. These unfortunate poor workmen lead a
 663 -

84
miserable life in snail hovels, exposed to the vagaries of weather.
They drink foul water breathe polluted air and keep on suffering
from other diseases. They knew that breathing polluted air is bad
for their health but for them breathing polluted air is better than
85
starving. There ere number of legislations which are concerned
with the welfare of the workers and for providing them humane
conditions of work. All these legislations intended to severe basic
human dignity to the workmen and if the workmen are deprived of any
of the rights and benefits to which they are entitled under such-
labour welfare legislations, then that would dearly be violative of
Article 21 of the Constitution.8^ Therefore, it is the duty of the

State to ensure the observance of various social welfare labour

laws for the purpose of securing the workmen a fundamental right
to live with human dignity.

The workers are being denied of their right to have 8 oust &
humane conditions of work* and the State i3 a party to violate
various social welfare lav/s. In Bandhua Mukti Morcha, the Supreme
Court has also endorsed its opinion in this regard. The Court
observed J
The right to live with human dignity enshrined in
Artide 21..... indudes protection of health and
strength of workers, men and women, and. ...just

84« In a report of the District Judge of Tehrigarh, it was pointed

out that nearly 100 bonded labourers are kept in a cage made of
tin amidst cooking fuel, vegetables, rice and wheat. The size
of the cage was 60,xl5’ in area and part of it was covered by
gunny bags. Several labourers were lying ill on the floor
without even getting the medical attention.
See M.J. Antony. “Bonded Labourers kept in Cage8*, Indian Express
^ Chandigarh ed.) 3 October, 1985. See also editorial* "Slavery
at High Noon", Indian Express (Chd.ed.), 4-10-1985.
35. Mines Act, 1952; Inter-State Migrant Workmen (Regulation &
Employment and Conditions of Services) Act, 1979; Minimum Wages
Act, 1948 and Contract Labour!Regulation & Abolition)Act, 1STO«
86. People’ s Onion for Democratic Rights v. Onion of India, AIR 1982
SC"T4 73 at l4'8 5" and see also Marieka * Gandhi y. Union of Indi a,
AIR 1978, SC 597. ------------------ -- "— ----------------
 - 664 -

87
and humane conditions of work & maternity relief.

In short the Supreme Court gave 21 directions which inclu-

QQ

ded to ensure that stone crushes do not continue to foul the air,
supply of pure drinking water obtained from unpolluted source and
in a vessel (containing water) in clear and hygienic condition, to
ensure conservancy facilities in the latrines and urinals in accord­
ance with the provisions of Mines Act. 19508^ and to ensure appro-
Q0
priate and adequate medical and first aid facilities, adequate
payment of minimum wages, setting up of Vigilance Committees at sub
division level in each district for detecting bonded labour with the
help of non political social workers; drawing up of a scheme to
rehabilitate the freed labour, surprise checks and to ensure that
provisions of Maternity Benefit Act, 1961 and Mine Creche Rules, 1966
and other facilities of labours should be complied with.

Thus, the judgment of the Supreme Court serves as an eye

opener not only to the State and the Central Government but also to
those employers who are engaging various workers in their respective

87» Bandhua Muktl Morcha v. Union of India. AIR 1984 SC 802

at 81 'i-STT.
88. It may be pointed out here that recently the judiciary has
categorically stated that °the slow poisoning by the polluted
atmosphere caused by environmental pollution and spoliation
should also be regarded as amounting to violation of Article
23 of the Constitution*1. See T.Damodhar Rao v. S.Q.Municipal
Corporation,, Hyderabad, AIR 19§?, A.P. 1?1 at 181; Kink 11 Devi
v. State, A Ik 1984 hub3. t 4 at 8-9; L.K. Koolwal v. "State,
AIR 1988, Raj. 2 at 4.
89* Bandhua Mukti Morcha at p.836. See Section .20 of the Mines
Act, 1952 and rules 33 to 36 of the Mines Rules, 1955.
90. See Section 21 of the Mines Act, 1952 and Rules 40 to 45-A
of the Mines Rules, 1955.
 “ 665 -

enterprises, that it is their Constitutional obligation to secure

for all workers just and humane condition of work and to make
living with human dignity, a living reality. In a socialistic
welfare state 'it is the obligation of the State to ensure the
91
creation andsustaining of conditions congenial to good health.

Mere liberation of the labourers from bondage will serve

no useful purpose and may even create a very real problem as to
livelihood of the labourers so set free without making arrangement
for their rehabilitation, socially and economically. Mr.T,Anjai&h,
Minister for Labour*, stated in the Lok Sabha on 22.4.85 that there
was back log of 42000 bonded labourers needing the rehabilitation
in the country and hoped that the process of rehabilitation wouLd
92
be completed by the end of Seventh Plan, slas the situation is as
it was-

Mukesh Advani an advocate wrote a letter in Mukesh Advani

v. State of M.P.,^ addressed to the Judges of the Supreme Court

by way of PIL (Public Interest Litigation) and cutting from Indian

Express dated 14-9-82 were also annexed there to depicting the
homed plight of bonded labour working in stone-quarries at Raisen
in Madhya Pradesh. The working conditions of workers were also
alleged to be similar to those of 18th Century Vintage and not

91. See Vi cent v. Union of India, AIR 1987, SC 990 at 994.

See also Patnaik v.‘"State of A.P., AIR 1974, SC 2092;
U.P.S.iS. Board v. Harf Shankar, AiK 1979, SC 65;
K.Rajendran v.' Stai'e'o£ Tamil"Nadu, AIR 1982, SC 1107.
92. See Indian Express (Chandigarh edition) (23 April, 1985^
93. AIR 1985, SC 1363.
 - 666 -

even a single legislation enacted for tbe welfare of labour was

implemented or respected. The Supreme Court treating this letter
as writ petition under Article 32 of the Constitution directed the
District Judge, Bhopal to ascertain the existence of bonded labour
as alleged in the letter by the petitioner. The District Judge in
his report submitted that there were no bonded labourers-at rele­
vant time but there was total absence of implementation of labour
laws. The Supreme Court directed the Government to take suitable
steps for implementation of labour welfare legislation in their
true spirit. The Supreme Court stressed that wages not less than
the minimum be paid so as to protect the labourers against the un­
authorised exploitation.

Problem of Identification

The identification of bonded labour is the hub of the

wheel of the abolition of bonded labour system. The main problem
under the Bonded Labour System (Abolition) Act, 1976 that arises
regarding the implementation of the Act - is the identification of
bonded labour. Due to twin misfortunes of poverty and illiteracy,
they are not . able to comeforward to claim justice* • Sven majority
of the bonded labourers do not know that forced labour is a crime
under the Bonded Labour System (Abolition) Act, 1976* which comes
to their rescue. They have to work, even if it be forced labour,
just to keep their body and soul together. It is the duty of the
civilized society in the name of the humanity to identify those
forgotten species and give a helping hand to them to stand at par
with the other citizens of the society.
 S r r-j
- oo i

The major handicap which impedes the identification of

bonded labour is the reluctance of the administration to admit
the existence of bonded labour, even where it is prevalent. It
is, therefore, necessary to impress upon the Government/administra­
tion that it is with its strich-like attitude bury Its head in the
sand, ignoring and neglecting the existence of bonded labour. Such
an attitude will not help. Mere enacting an Act for abolition is
not enough. It is incredible that some of the States Governments
are not admitting the existence of bonded labour even though it is
prevailing there.

Bhagwati J» aptly remarked this in Bandhua Mukti Morcha V.

Union of India*^ •

“It is not uncommon to find that the administration

.in some States are not willing to admit the exis­
tence of bonded labour even though it exists in
their territory and there is in controvertible
evidence that it does so exist. ”95

Further it was observed by the Judge,

“We fail to see why the administration should feel shy

, in admitting the existence of bonded labour, for it is
not the existence of bonded labour that is slur on the
administration but its failure to take note of it and
to take all necessary steps for the purpose of putt-
■ ing an end to the bonded labour system by quickly identify­
ing, 96

It is true that the existence of bonded labour can not be

discovered and wiped out solely on the action taken by M.L.A* s

94. AIR 1984, SC 802.

95. Ibid at p. 806.
96. Ibid at 806, Such a failure to eradicate it and moreover not
taking the proper steps, for the purpose of wiping out this
blot on the fair name of the State, is a breach of its
Constitutional obligation.
 - 668 -

or the bureaucrats or even Panchayats, but their role in eradi­

cating the problem can not be ignored. Due to multifarious duties
of the Commissioners/Collectors (even if they are anxious to help
in eradicating this vice of Bonded Labour System, which we are
sure, they are), they would not find time to make personal enquiry
or investigation, but they have to rely on subordinate officers
like Tehsildars and Patwaris. At many places these Patwaris and
Tehsildars being either in sympathy with the exploiting class or
lacking in social commitment or indifferent to misery and suffer­
ing of the poor and the down trodden, the task of identification...
of the bonded labourers through the official machinery would be
very difficult of achievement. 9?

The goofy attitude of our bureaucrats in identification

of bonded labourers was exemplified in the anecdote remarked by
Justice P*N. Bhagwati in Meerja Chaudhary v. State of M.P.9^ By

the order of the Court a Tehsildar went to a village sitting on

the dais alongwith the landlords by his side, he started enquiring
of the labourers whether they are bonded or not and when the
labourers, obvious inhibited and terrified by the presence of land-
lords said that they were not bonded but they are working freely
and voluntarily and it was so recorded by the Tehsildar in' his
report.

97* heer.ia Chaudhary v. State of M.P.. AIR 1984, 3C 1099 at

‘ii63-64*
98. Ibid.
99* Ibid at p. 1104.
 - 66.9 -

10 '^

And similarly in P«Sivaswamy v. State of Andhra Pradesh, v

the Supreme Court, realizing the problem of identification of bonded
labour, observed, "identifying bonded labour is the real difficult
task because very often the workmen working under Bonded Labour
System are not prepared to disclose their unfortunate situation
ana become a party to its continuance by collaborating with the
101
employer. 1

The State Governments which, under our Constitutional

Scheme are charged with the mission of bringing about a new socio­
economic order where there will be social and economic justice for
every one and equality of status and opportunity for all, were
given direction by the Court for identification of bonded labourers.
Even when the court asked for identification, the only answer that
was received from the State Government was "steps had been taken
102
and were being taken by the State Government for identification...
and further the State Government pointed out that very often vested
interests veiled successfully the status of bonded labourers and
thus obstructed the process of identif ication; the labourers them­
selves were not educated enough to come and lodge a complaint. But
the ugly reality is, whenever the bonded labourers muster courage
and come forward there are instances that they were physically
belaboured. Workmen were not only physically tortured, but also

100. AIR 1988 SC 1863.

101. Ibid p. 1869*
102. Neer,ja Chaudhary v. State of M.P., AIR 1984 SC 1099 at 1102.
 - 670 -

103
they were harassed for the fictitious debts.

Sven if .they lodged a police complaint against the

contractors it proved to be abortive. ^ Sven when a Chief

Minister was given a petition regarding their wretched lives,

no action was taken. ^

The above discussion shows that neither the legislators

nor the Government are sincere and committed in their effort in
taking proper steps in identifying the bonded labourers.

The Supreme Court directed Haryana Government to take

steps to sensitise the officers concerned with the implementation
of the Act to this acute hunan problem and its socio-economic
parameters. The District Magistrate (under the directions of
State Government) can take up the work of identification of bonded
labour on the basis of various studies and reports made by social
action groups, social scientist and governmental authorities from
time to time. They are mostly found in stone quarries, brick-kiln
and almost agricultural landless labourers.

Labour awareness camps may prove to be useful in these

areas with a view to educate the labourers and to impart them
legal awareness. Expert and noble guidance of the National Labour

103. See Mukesh Advani v. State of M.F. t AIR 1985, SC 1363 at

p. l36'4'7..(The petitioner in 'this'alleged that there was
naked and unbased exploitation of ’workmen in the stone
quarries at Raisen, M.Pradesh. He also alleged that the
workers are bonded labourers, and they belong to Tamil
Nadu. By the time of enquiry by the Court these were no
bonded labourers to be found there).
104. Ibid.
105. K.P. Sunil 'Of Hunan Bondage* Illustrated Weekly of India,
(June, 1986). ------- —.......................
 - 571. -

Institute can make these programmes successful. Some training

for identification of labourers may be given to the non-political
social action groups and voluntary agencies particularly those
with a record of honest and competent service for Scheduled
Castes and Scheduled Tribes Agricultural labourers and other
organised workmen. So that they may be able to penetrate through
the secrecy, under which very often bonded labourers are required
to work, to discover the existence of bonded labourers and to
identify and release them. That is why the Court thought it
better to direct Vigilance Committees and also the District
Magistrate to take the assistance of the organisations, compris­
ing man and women dedicated to this cause, for the purpose of
identification of bonded labour so as to ensure implementation
of the provisions of the Bonded Labour System (Abolition) Act,
1976.

It is submitted that the faith expressed by the Supreme

Court in the inclusion of members of Voluntary Groups in the
Vigilance Committee carries a weight. Because it was felt that
identification of bonded labourers (Labour) through official
machinery would be difficult. The direction may be implemented
properly with the support and cooperation of the Government to
the social action groups. ^ Who ever be the identifying persons,

whether Government or social workers, what is needed is determi-

107
nation, dedication and a sense of social commitment. '

106. Meerja Chaudhary v. M.P., AIR 1984 BC 1099 at p. 1104.

107. Ibid 1105. The Supreme Court directed the State Govts, (of
U.F) in tnis particular case to extend the full support
and co-operation to those social action groups.
 - 672 -

It is also essential that proper care should be taken to

Identify the voluntary groups which are genuinely interested to
elevate the unfortunate helpless bonded labourers. Care Is
needed to prevent the vested interest of the political parties
from capitalising on the misfortunes of such teeming millions.
It is true that genuine social action groups exist and they have
their own role in the matter of identification, release and re­
habilitation of bonded labourers.

Mobile Courts can also play an impportant role in the

identification of bonded labourers. Wide publicity/propaganda
through Newspapers, T. V. and other media may be helpful in this
matter.

Sincere cooperation of other legal agencies such as

Panchayats, Block Samities etc; may bring gpod results in this
area of identification.

The following steps, for identification of bonded labour­

ers were suggested by the Supreme Court in Bandhua Mukti Morcha*
i. Various studies and reports made by the Government
authorities, social action groups and social scientists
from time to time may assist to easily identify the
bonded labourer. The concentrated areas for this task
may be stone crushers, brick-kilns and amongst landless
labourers and this identification must lead towards
their release.10®
ii. Labour camps should be held periodically with the help
of National Labour Institute, which has the necessary
expertise and experience of holding such camps, to
identify such bonded labourers.

108. Bandhua Mukti Morcha v. Union of India, AIR. 1984 SC 802.

 - 673 -

iii* Competent and honest social action groups and other

voluntary agencies, may be involved to get fruitful 1qq
results of identification and release of bonded labourers*
Because it is primarily through such social action
groups and voluntary agencies comprising of men and women
dedicated to the cause of emancipation of bonded labour
will be able to penetrate through the secrecy under which
very often bonded labourers are required to work and
discover the existence of bonded labour and help to
identify and release them.
iv. Investigative Journalism can also play an important role
in identifying the various bonded labourers.1 ^
v. Suitable awards should also be given to those person who
bring to the knowledge of the administration, the
existence of bonded labour.

Problem of Rehabilitation - Liberation without Rehabilitation

In the process of emancipation of bonded labour, the

next step after identification, is release and rehabilitation.
It is better to call ‘liberation* instead of ‘release’, because
the bonded labourers are liberated from the shackles of slavery.

In recognising the importance of rehabilitation of bonded

labourers the Supreme Court in Bandhua Mukti Morcha pointed
out *• “If the bonded labourers who were identified and freed
and are not rehabilitated, their condition would be much worse
than what it was before during the period of their serfdom end
they would become more exposed to exploitation and slide back once
again into serfdom even in the absence of any coercion.

109. id. at 828.

110. Meerja Chaudhary v. State of M.P. AIR 1984 SC 1099 at 1104.
111. Bandhua Mukti Morcha v. Union of India, AIR 1984 SC 802
itm-—------------ ------------------
 - 674 -

The Supreme Court in Neerja Chaudhary v. State of M.P.

emphasized upon the aspect of rehabilitation of bonded labour.
In this case the petitioner, a Civil Rights Correspondent of
Statesman, wrote a letter to the Supreme Court pointing out that
about 135 labourers were released from bondage in 1982 from
Faridabad ana they were brought back to their respective villages
in M.P. But they were not rehabilitated even after six months
113
of their release and they were living on the verge of starvation, '

Bhagwati J (as he then was) speaking through the court

observed 5

It is the plainest requirement of Articles 21 and 23

of the Constitution that bonded labourers must be
identified and released and on release, they must be
suitably rehabilitated. The Bonded Labour System.
(Abolition) Act, 1976 has been enacted pursuant to
the Directive Principles of State policy with a view
to ensuring basic hunan dignity to the bonded labourers
and any failure on the part of the State Government in
implementing the provisions of this legislation v/ould
be the clearest violation of Article 21 apart from
Article 23 of the Constitution. 114

Reiterating the importance of rehabilitation

,, the Supreme Court again stated * "It is not enough merely

to identify and release bonded laoourers but it is equally,

perhaps more important, that after identification and release,
they amst oe properly rehabilitated. Because without rehabili­
tation, they would be driven by poverty, helplessness and

112. AIR 1984, SC 1099.

113. Id. at 1100-01.
114. Id at 1106.
 - 675 -

despair into serfdom once again. Poverty and destitution are

almost perennial feature of Indian rural life for large numbers
of unfortunate ill-starred humans in tnis country and it would
be nothing short of cruelty and heartlessness to identify and
release bonded labourers merely to throw theca at the mercy of the
existing socio-economic syst&m which denies to them even the
basic necessities of life such as food, shelter and clothing. We,
who have not experienced poverty and hunger, want and destitution,
talk platitudiously of freedom ana liberty but the words have no
meaning for a person who has not even a square meal per day,
hardly a roof over his head and scarcely one piece of cloth to
cover the shame.

It is obvious that poverty is curse inflicted on large

masses of people by our' mal-functioning socio-economic structure
and it has disastrous effect of corroding the soul and sapping the
moral fibre of a human being by robbing him all basic human dig­
nity and destroying in him the higher values and finer suscepti­
bilities which go to make,up this wonderful creation of God upon
earth, namely, man.*1^ In Neerja Chaudhary, the Court pointed

out that rtwhat use are ' identification* and ’release* of bonded
labourers if after attaining their so called freedom from bondage
to a master, they are consigned to a life of another bondage
namely, bondage to hunger and starvation where they have nothing
to hope for not even any thing to die for and they do not know
whether they will be aole to secure even a morsel of food to fill

115. Id. at 1100.

116. Ibid.
 676-

117
the hungry stomachs of their starving children".

These unfortunate specimens of hunan being for whom the

life is a long unceasing rigel vdth no resources except perhaps
a forlorn hope, who can not even cry for help because they know
that it will be a cry in the wilderness and which no one will hear
and who drag on the earthly existence in the hope that one day
death will relieve them from their misery and suffering, today
ask the legislature, the executive and the judiciary "what have
you done for us} have we not a right to live with human dignity
and share with all of you the fruits of freedom and development
or are we cosigied to a life of slavery and starvation where we
see before our eyes the emancipated bodies of our children with
hollow cheeks, sunken eyes and shrivelled bodies withering away
and dying".118

The petitioner rightly urged in JNeerja Chaudhry that

failure on the part of the State Government to ensure the proper
rehabilitation of the freed bonded labourers amounted to violat­
ions of the fundamental rights of the bonded labourers to live
vdth hum ah dignity under Article 21 of the Constitution.1^ There

are instances where the bonded labourers, who were liberated from
bondage, died of starvation and disease. 120

117. Ibid.
118. Id. at 1106.
119. Id at 1101.
120. See "editorial'% the Sunday Tribune, 27 April, 1986. A woman
released from hajasthan quarry, died of hunger and disease
in H.P.. She was one of the 633 labourers who were liberated
from bondage in the quarries because they were not rehabili­
tated. The Govt, instead of rehabilitating them, refused to
believe the certificate given to them that they were bonded
labourers.
 /
- 677 -

Due to complete neglect of rehabilitation programme,

most of the liberated bonded labourers want to go back to the
bondage of their master because they feel that for all the ill-
treatment, earlier at least they were getting their food, but
now there was nothing. Therefore, it is suggested that the
Government should take the rehabilitation seriously. It is only
then that the liberty and freedom to live with human dignity will
become meaningful to millions of Indians. . It is suggested that
while rehabilitating the bonded labourers, care should be taken
that social-economic causes, which led them in bondage, are
satisfied. ^

Among the social causes of bondage, it has been found

that most of the bonded labourers incurred debts on account of
marriage and death rites. The frequent habit of drinking is yet
122
another cause responsible for the incidence of bonded labour.
Care should also be taken that while rehabilitating the bonded
labourers, the skilled labourers are not rehabilitated with un-
skilled jobs. ^ it has been found that very often vested
interest veil successfully the status of bonded labourers and
thus obstruct the process of identification of these bonded

121. In rural area unemployment and under employment of

agricultural labour is rampant. These labourers
prefer to go far '’nominal wages” throughout the year
rather than having long spells of unemployment and
un der emp 1 o ym en t.
122. See the 21 report of the Commissioner for Scheduled
Castes <* Scheduled Tribes, 1971-72 & 1972- 73 at 222.
123. For example, the Craftsmen of Jausar Bhaliar in U.P.
Hills, who were once skill ed in carving pillars, were
rehabilitated with cattle loans after release from
bondage debt, see Sevanti Ninan, - "Human Bondage &
Official Apathy", Indian -Express (Chandigarh Edition),
6t 26 April, 1984.---------------------- -
 678 -

labourers*12** The labourers themselves are not educated enough

to come forward and lodge a complaint. They appear to be re­

conciled themselves with their fate and that is why there is a
wide gap between legal discharge of bonded labourers and their
factual position.

In Neerja Chaudhary, the Supreme Court opined that the

objective of identification and release of bonded labourers can
not be achieved by solely relying on executive machinery and
seeking cooperation of members of legislature and even of Gram
Panchayats* What is really necessary is to involve social action
groups operating at the.grass root level in the task of identi-
125
fication and release of bonded labourers. Suitable awards
should be given to those who help in identifying the bonded
labourers. This will act as an incentive to the social workers*
The entire .machinery for identification, release and rehabili­
tation of bonded labourers has to be streamlined. We have,
fortunately in our country, quite a large nunber of socially
committed officers who, inspired by idealism with their enthu­
siasm undivlnished, minds untrammelled, and hearts unpolluted by
all kinds of pressures, are prepared to brave opposition and some
times even danger in order to help the deprived and vulnerable
sections of the community.12^

124. An example of this has been cited in Neerja Chaudhary, supra

note/!’© at 1104. Where pursuant to a“'direct£on"given by the
Collector as a result of an order made by the S*C., the
Tehsildar went to the villages in question & sitting on a
. dias with the landlords by his side, he started enquiring
of the labourers whether they were bonded or not and when
the labourers obviously inhibited & terrified by the presence
of the landlords, said that they were not bonded but they
were working freely & voluntarily, he made a report to the
Collector that there were no bonded labourers.
125. Neerja Chaudhary v. State of M.P., AIR 1984 SC 1099 at
j163-04.
126* Ibid at 1105*
 - 679 ~

The named truth is that the bonded labourer v/ho i3

released would prefer slavery to hunger, a world of bondage and
127
security (illusory) as against a world of freedom and starvation.
What would the bonded labourers prize more freedom and liberty
with hunger and destitution staring them in the face, or some
food to satisfy the hunger of near and dear ones, even at the
cost of freedom, and liberty2^® There is no meaning for the
freedom and liberty, for those who are suffering from starvation
and naked poverty.

It seems that once these freed bonded labourers were

brought back to their villages, the administration of the State
Government thought that they had discharged their duty and they
conveniently forgot about the existence of these unfortunate
specimens of humanity.1 J What the liberated bonded labourers
feel after their liberation without rehabilitation, is that,
"we might have been killed there, but we are also dying here". 130

Therefore, the State Governments must concentrate on

the rehabilitation of bonded labourers and evolve effective pro­
grammes for this purpose. Indeed the State Governments are under
Constitutional obligation to do so under the provisions of the
Bonded Labour System (Abolition) Act, 1976.

127. Bandhua Mukti Morcha v. Union of India, AIR. 1984, SC 802

aToTSSS:---------------------- ------------------------- -

128. Neer.ia Chaudhary v. M.P. State, AIR 1984, SC 1099 at 1100.

129. Ibid at 1101.
130. Ibid.
 - 680 -

The Supreme Court pointed out that the concept of reha-

13 1
bilitation has the following four main features*
i. Psychological rehabilitation must go side by side with
physical and economic rehabilitation.
ii. The physical and economic rehabilitation has 15 ma.ior
components namely * allotment of house sites and agri­
cultural land, land development, provision of credit*
horticulture, animal husbandry, training for acquiring
new skills and developing existing skills, promoting
traditional arts and crafts, provision of wage employ­
ment and enforcement of minimum wages, collection and
processing of minor forest produce, health medical
care and sanitation, supply of essential commodities*
education of children of bonded labourers and protection
of civil rights.
iii. There is scope for bringing about an integration among
the various Central and Centrally sponsored Schemes
and on going schemes of the State Governments for a
more qualitative rehabilitation. The essence of such
integration is to avoid duplication i. e. pooling
resources from different sources for the same purpose.
It should be ensured that while funds are not drawn
from different sources for the same purpose drawn from
different sectors for different components of the
rehabilitation scheme are integrated skillfully; and
iv. While drawing up any scheme/pro gramme of rehabilitation
of freed bended labour, the letter must necessarily be
given the choice between the various alternatives of
their rehabilitation and such programme should be
finally selected for execution as would need the total
requirements of the families of freed bonded labourers
to enable them to cross the poverty line on the one
hand and to prevent them from sliding back to debt
bondage on the other. 132

The 35 Session of the Labour Ministers Conference held

on May 11, 1985 adopted the following suggestions for the re-
133
habilitation of the bonded labourers.

131. As admirally set out in the letter dated 2-9-82 addressed

to the Secretary, Ministry of Labour, Govt, of India to
the various State Governments. Bandhua Mukti Morcha case
AIR 1984 SC 802 at p. 828. ' ‘
132. p. 828 Bandhua Mukti Morcha v. Union of India, AIR 1984,
SC 802, ' ' ’ '
133. See * Answers in Parliament" iLJ, Vol. 26, No. 10, (Oct., 1985),
p. 1473 at p. 1475.
 — 631 —

I. Rehabilitation of bonded labour as a programme should

be integrated with the existing IRDP and NREP.
II. Subsidy available under IRDP and NREP should be in
addition to subsidy available for rehabilitation of
bonded labourer.
III. Subsidy for bonded labourer rehabilitation should be
used as seed money for obtaining bank loan, subject
however, to the limitation of project cost approved.
IV. The limit of Rs. 4000/- under the Central Sector
Scheme was fixed quite a few years back and there
is heed to raise this limit.
V. In addition to the subsidy of Rs. 4000/- v/hich is
permissible, an additional amount for the maintenance
during the interregnum between the time of identifi­
cation and on set of programmes may be built in.
VI. Subsidy for the rehabilitation of bonded labour should
be released without insisting on cent per cent receipt
of utilization certificate. Non receipt of utilization
certificates should condoned for the purpose of release
of subsidy if 73& of due utilization certificates have
been received.
VII. Capacity and willingness of voluntary agencies should
be exploited when feasible to bring about grass-root
changes in the rural societies. The working of the
agencies can be dovetailed into existing scheme of
rural organized. 134

Undoubtedly, there are plenty of good schemes in the

country but the real difficult lies in securing their proper and
effective implementation.

Today, the bonded labourers are not crying for the laws
or programmes for their rehabilitation but they are crying for
the effective realisation and enjoyment of those limited bene­
fits. Justice O.Chinaapa Reddy optly remarked that, ,}the plan
allocation for rehabilitation assistance should be enhanced and

134. Ibid.
 - 682

the financial allocation should be utilised in such a way that

135
the benefits reach the deserving persons”.

There are instances where the benefits did not reach the
deserving persons. Ibrahirnpatnam, a tallica near Hyderabad (A.P.)
is a monument to decadent living. There are rich landlords,
Reddys & Kapus, continue to exploit the farm workers. There is
even marked alienation between the two groups. By the virtual
revolt of the bonded labourers, aided and obetted by "Vyavasaya
Coolie Sangham CAgricultural Labourers Union), a voluntary
organisation, some 20 bonded labourers wriggled out free of their
masters in April 1985. But no rehabilitation was provided upto
December, 1985, and perhaps even there after. The labourers are
at a disadvantage now because they have no means of livelihood.
If the authorities do not take steps to rehabilitation the situa-
136
tion may take an ugly turn.

In Kodaikanal where the bonded labourers were freed but

not properly rehabilitated, literally they were begging in the
surrounding villages of Kodaikamal, and even v/hat little food
they get by begging is seized by hired hoodlums of the ■
137
Contractors.
It is one of the fmotions of the Vigilance Committees
constituted under Bonded Labour System(Aboiition)Act, 1976 to pro-

135. O.Chinnapa Reddy, J., "Socialism, Constitution & Comtry

today", AIR 1983 (Joumal)33 at pp.38-39.
136. See "Up from Slavery, Landlords & Liberated Bonded Labour­
ers on a Confrontation Coercise", ’The Week’, (Dec.22-28,
1985), p. 32,
137. See K.P. Sunil, "Of Huuan Bondage", Illustrated Weekly of
India, (June 1-7, 1986), P- 8 at p. 12, “
 — 633 —

-vide for economic and social rehabilitation of freed bonded

13B
labourers.

But the Vigilance Committees as they exist today are not

139
effective and they need to be reorganised and activated.

The Supreme Court in Neer.ja Chaudhary observed that

officers who are posted at different levels to deal with the
problems of bonded labour including their identification, release
and rehabilitation should be properly trained and sensitised. 30

that they may feel a seise of involvement with the misery and
suffering of the poor. They may carry out their functions with
total dedication to the cause of removal of poverty and in a
manner which will inspire the confidence of the weaker sections
140
of the community including the bonded labour.

Further, the Supreme Court observed that, "It is also

essential that there should be constant check and supervision
over the activities of the officers charged with the task of
securing identification, release and rehabilitation of bonded
labourers".

It is submitted that in case there is a wilful dis­

obedience on the part of the State Government to any directions
14 p
given by the Court as in IMeerja Chaudhary v. State of M.P., the

138. Sec. l4(i)(b) of the Bonded Labour System(Abolition)Act, 1976.

139* See Neerja Chandhary v. State of M.P., AIR 1984, SC 1099 at
p.1105.
140. Ibit at p. 1105*
141. Ibid.
142. AIR 1984, SC 1099.
 — 684 —

Court may rise to the occasion to grant exemplary costs to freed

i43
bonded labourers.

It is nothing but rehabilitating the free bonded labour­

ers by the court Itself. It is a welcome step in the process of
rehabilitating poverty— striker bonded labourers, because it
happened that 800 children who had been released since the peti­
tion alleging bonded kinds in the carpet weaving industry in
Allahabad, Muzapur, Varanasi was moved four years ago, but their
where-abouts are not known.

The Court must keep its eyes wide open until the rehabi­
litation operation is completed. Such an action may have a dete­
rrent effect and acts as sanction to secure obedience of the State
to the directions given by the Court for the implementation of
much neglected and dermant social or labour welfare legislation.
In Santhal Pargana Antyoday Ashram v. State of Bihar^

also the Supreme Court of India directed the appropriate Govern­

ment for immediate identification, release and then rehabilitation
of the bonded labourers and enjoined upon the State Government to
perform this statutory obligation so that after- identification
proper rehabilitation may get them rid of exploitation. Because
in absence of proper rehabilitation they may not again be thrown
in that bondage where they got hardly a morsel of food for them
and for their families.

143. Y.Ft. Haragopal Reddy, ’’Supreme Court on Bonded Labourers ♦

Future of New Constitutionalism", CULR, Vol. VIII, No«4,
(Dec. 1984} p.539 at p. 542.
144. Bonded kids, Supreme Court-direct ion to Uttar Pradesh.
Indian Express, dune 25, 1986, p. 10( Vizianagaram Sd.},
145* Y.R.Haragopal Reddy, "Supreme Court on Bonded Labourers;
Future of New Constitutionalism", CULR, Vol. VIII, No.4,
(December 1984), p. 539 at p. 542.
146, AIR 1987 Supp.SCC 141,
 - 685 -

147
In Chattlsgarh Krlshak Mazdoor Sangh v. State of M.P.
the Supreme Court directed the State Government for immediate
identification of bonded labourers and for their immediate release
and rehabilitation. The court further reminded the Government
regarding the submission of fresh lists of remaining bonded
labourers before the appropriate authority so that after identi­
fication they must be immediately released and rehabilitated.

In Shankar v. Durgapur Project Ltd. Calcutta High

Court held that the State can not deprive a workers of decent
standard of life, which under Article 43 of the Constitution,
the State should endeavour to secure. To do an act contrary to
article 43, 1. e. to deprive a person of decent standard of life,
would be violative of Article 21 of the Constitution. The Court
pointed out that compelling a person to live to sub-human condi­
tions also amounts to the taking away of his life not by execution
of a death sentence but by a slow and gradual process robbing him
all his human qualities and grace, a process which is more cruel
than sending a man to gallows. To convert human existence into
animal existence no doubt amounts to taking away human life,
because a man lives not by his mere physical existence or bread
done but by his human existence*
It is submitted that to provide a decent standard of life
to a worker is to rehabilitate him properly. Otherwise he will
be lacking quality of life. He can only be shifted from animal
life to human life through a process of proper rehabilitation.

147* 1987 Supp. 3CC 198.

148. AIR 1988, Cal. 136 at 141.
 - 686

It is very pleasant to state that the High Court also

started to follow the foot steps of the apex court and thus
wove Directive Principles in Fundamental rights. The High Court
shared the work load of the Supreme Court to protect the life
and liberty of the individual and specially of the economically
and socially weaker section of the society so that dignity and
decency of life may be maintained.

In P. Sivaswami v. State of A.P* s ^ the Supreme Court

again stressed upon the need for effective rehabilitation of the

released bonded labourers. The Supreme Court pointed out that
the financial assistance of R-s. 738/- per family of freed bonded
labourers was certainly inadequate for rehabilitation. - And
unless there was effective rehabilitation, the purpose of Bonded
Labour System (Abolition) Act, 1976 would fail and the steps
taken by the Supreme Court would be rendered ineffective and these
150
would be mounting frustration.

It is submitted that without effective steps of rehabi­

litation, it is difficult to avoid their frustration. Sufficient
amount as financial assistance, to these bonded labourers, can
help to over come the problem. And it is the obligation of the
State Government under the Bonded Labour Act 1976 to rehabilitate
A K*
the freed bonded labourers. y 1

The Court viewed that, ”we would also suggest to the

States of Tamilnadu, Karnataka and Orissa that In constituting

149. AIR 1988, SC 1863.

150. At 1868.
151. Ibid 1866.
 - 687 -

The Vigilance Committees which are also to be associated in the

work of rehabilitation of the freed bonded labourers, they should
involve the representatives of social action groups and voluntary
agencies operating in these areas and whatever rehabilitation is
provided to the freed bonded labourers must be provided in the
presence of a representative of such social action groups or
voluntary agencies so as to ensure that rehabilitation provisions
152
actually reach the hand of such labourers". y

The Bonded Labour System (Abolition) Act, 1976 defines,

"Bonded LabourZ and Section 4 therefore, makes a statutory decla­
ration that "on the commencement of this Act the bonded labour
sy-stem shall stand abolished and every bonded labourers shall
on such commencement, stand freed and discharged from any obli­
gation to render any bonded labour".

Detailed provisions have been made for extinguishment

of liability to repay bonded debt, implementing authorities ha^e
been set up, Vigilance Committees have been provided, resort to
bonded labour has been made an offence and steps for rehabili­
tation have also been indicated. Laws, however, beneficial they
may be, are difficult to be Implemented unless the requisite
social consciousness has grown. The system of Bonded Labour has
prevailed in the country for centuries. The gap in economic
conditions has been the main cause for this. ^

The Court further proceeded that the Society envisaged

under the Constitutional set up can no more take bonded labour

152. Ibid.
153. Id. at 1868
 - 688 -

as a part of It. Every citizen must be prepared to accept every

other citizen as a person equal to him for enjoying the social
benefits and the guarantees provided under the Constitution. It
must, therefore, become a conscious obligation of every employer
not to take advantage of the economic disability of a brother
citizen and force him into the system of Bonded Labour. It mr.ut
equally be the obligation of every citizen to co-operate in
bringing about abolition or what is condemned by the laws as
Bonded Labour; otherwise, the beneficial legislation would
remain on paper with mere a statutory declaration of abolishing
bonded labour as provided in section 4 and yet continue to
154
prevail unabated in the community*

The Court opined that, "we are surprised that about

three, years were necessary to persuade the state of Andhra Pradesh
(where bonded labour was identified and from where repatriation
was necessary) and the states of Karnataka. Orissa and Tamilnadu
where rehabilitation was to be provided to perform their statu­
tory obligations* Here again Karnataka has not yet done its part.
Once notice v/as issued to them. There should have been immediate
response and the obligations cast under the statute should have
been readily discharged. The State should have indicated their
regrets to the court that at their level they had failed to
satisfy the requirements of the law and this Court's interference
has become necessary. This only shows how unsatisfactory the
situation is. Where the man below the poverty line is a citizen
entitled to all the benefits and protections so eloquently put

154. Ibid 1369

 ** 689 ~

into the Constitution are 38 years not sufficient to generate

the appropriate consciousness”* '

The Court indicated that there has been no satisfactory

compliance in regard to rehabilitation by the State of Karnataka
and it (the Court) administered the warning that- the matter shall
be very strictly viewed in the event of continued failure. As
a result of it, about 700 bonded labourers were freed earlier and
there after about 1,500 more bonded labourers were freed. The
State of Andhra Pradesh also arranged for their transport from
Kailasgin to their homes situated outside the state of Andhra
Pradesh. The Court directed the State Government (Andhra Pradesh)
to furnish, the list of bonded labours who were thus freed and
sent back to their homes so that proper directions may be given,
by the Court, for their rehab Hit at ion1'.
158
In Bairam v. State of M.P. the Supreme Court found
that proper attention had not been paid to rehabilitation of the
bonded labourers who had been released through the Court two
years before. The Court observed that, n±n the absence of appro­
priate rehabilitation, they have found it difficult to sustain
themselves and if this position continues longer they would be
15Q
to return to bondage again.

155. Ibid p. 1869.

156. Ibid.
157. P. Sivaswamy v. State of A.P., AIR 1988 SC 1863 at 1865.
158. AIR 1990 SC 44.
159. Id. at 45.
 •“ 690

The court directed that the additional collector and

such other officers, who have been assigned the responsibility
of supervising rehabilitation, shall ensure that the full amount
intended for the freed labourers reaches them. ° The Court
also directed the Union of India and M.P. Government to release
adequate funds under the scheme to meet the liability under the
scheme framed under the Bonded Labour System (Abolition) Act,
1976.161

'Under the directions of Centre to States 235,670 bonded

labourers were identified. All of then are claimed to have been
released from bondage and 202,000 have been rahabilited. The
incidence of bonded labour has been reported from A.P., Bihar,
Gujrat, Haryana, Karnataka, Kerala, M.P., Maharashtra, Orissa,
Rajasthan, Tamil Nadu and U.P. 9(in twleve states). It has been
found that generally the Scheduled Castes and Scheduled Tribes
and weaker sections of the society are the victims of this
162
oondage. 1

Honouring the direction of the Supreme Court, Chief

Labour Commissioner of India asked Haryana Government, his
counterpart, to immediately enforce the Supreme Court directive
of September, 1985 for payment of minimum wages to the contract
labour employed in the stone quarries in Faridabad district (in
Aravali range). Now it becomes the direct responsibility of
Haryana Government to enforce the mandatory directive of the

160. Ibid.
161. Ibid p. 46.
162. Legal Mews & Views, Vol. HI (Gan, 1989) PP« 26-27»
 - 691 -

Supreme Court, as the quarries have been leased out to a Govern­

ment Corporation, Haryana Minerals Ltd. (HML). A meeting of HML,
Haryana Labour Department and the Bandhua Mukti Morcha was
convened under the Chairmanship of Chief Labour Commissioner,
Government of India in this regard. °
In T, Chakkallckai v. State of Bihar & Others* ^ the

Supreme Court on 22.11.1992 directed the State of Bihar to

clarify s
i. Whether any of the Bonded Labourers about whom enquiry is
made, have been settled in any Government programme and if
so detail may be given.?
ii. Whether the Bihar Government accepts or recognises any of
them as bonded labourer ?
iii. The details of the immovable property, of the alleged
Bonded Labourers, based upon the records maintained in
the office of Anchaladhikari.

But it appears that no report was furnished by the Bihar Govern­

ment. The District Judge concluded that no labour had worked or
were working under the system of Bondage and nor they were forced
to work though they might have worked in past in consideration of
an advance plus Interest for specified or unspecified period.
Though there was no bar upon them to leave village but the poverty
compelled them to live there. The conclusion of the learned
District Judge does not appear to be acceptable.

It appears that there were bonded labourers in the State

and when certain persons were released from Bondage, it is diffi­
cult to add whether any release certificate was given to them or

163-. The Times of India, (''April 28,. 1990.)

164. J.T. 1992(1} SC 106 ^
 - 692

not. But under the Bonded Labour System (Abolition) Act, 1976,
they are free from the payment of any debt and their property
shall have to be released by the creditor, if any attached with
him. Mr. K.B. Saxena, the then Addl. Chief Secretary of Bihar
Government was, however, directed by the Court to be appointed
to ensure complete implementation of court's order. He was
asked to undertake the task, immediately, assigned to him. He
was directed to find out/identify bonded labour, if any, and
then to suggest ways and means for their release and rehabili­
tation within a period of six month, of the receipt of the order
of Court, of his appointment.

It is submitted that the appointment of the Commissioner

for this purpose though a good step, but how much time the Officer
could find for this task or how much sincere he was for the acco­
mplishment of this noble cause, that would yet be looked into.

Moreover it would be totally futile process if poor,

illiterate, ignorant, socially and economically backward, bonded
labour would have been insisted to show and prove that they are
bonded labourer. It would become almost impossible to enforce
the provisions of the Bonded Labour System (Abolition) Act, 1976,
because in every case where bonded labourers are sought to be
identified for the purpose of release and rehabilitation under the
provisions of the Act, the State authorities as well as employers
would, be entitled to insist that the bonded labourers must prove
it first that they are liable to be benefitted under the provi­
sions of the said Act (Bonded Labour System (Abo lit Ion) Act, 1976).
 - 693 -

It will make extremely difficult, if not impossible, for the

labourers to establish that they are bonded labourers because
they would have no evidence at all to prove that any advance or
economic consideration was provided to them by employer and
since employment of bonded labourers is a penal offence under
the act, the employer would immediately, without any has it at ion,
disown having given an advance or economic consideration to
bonded labourers*

It is only after their liberation they get restored to

1c 5
their freedom and liberty. The recent decisions of the
Supreme Court set a new trend in ameliorating the plight of
bonded labourers. 'These land mark decisions have attempted to
secure social and economic justice to the forgotton specimens of
humanity living in bondage through their release and rehabili­
tation.

It is submitted that mere passing of welfare laws is not

sufficient for the upliftment of the weaker sections, though
legislation is the first step in the right direction. The more
Important thing is that the welfare legislation for the benefit
of the weaker sections of the society requires its implementation
in the proper spirit.

The judiciary has came up to the expectation of common

masses to fulfil their aspiration. Still the result is not

16 5» bandhua Mukti rtorcha v. Union of India, AIR 1984 3C 802;

N e er j a Chaudhary v. State of M.P., AIR 1984, SC 1099*
Mukesh Advani v. State of M.P., AIR 1985 SC 1363.
P* Sivaswamv v. A» P.,.AIR 1988 SC 1863.
Bair am v. State of M.P., AIR 1990 SC 44.
 694 -

satisfactory. The executive must also come up to complete the

task entrusted by the Courts through thier timely decisions. A

Collective effort in right direction can. certainly improve the

situation. The proper and immediate implementation of welfare

legislations and judicial pronouncements can help to protect

the rights of the tortured and exploited.

*
*•***

*****
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