Beruflich Dokumente
Kultur Dokumente
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 -
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.
liking and get his cases decided by him. Such a preference was
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
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
4p © Ibid at 1100.
44. AIR 1985, SC 1363.
*™ 659 -
50. VII C.A.P. 809* Bee also the views of T.T. Krighammachari,
Id. at 810-11. * " ....
642
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
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.
65* Ibid.
66. People Union for Democratic Rights v. Union of India. AIR
------------------------ -------------------- ----------
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
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.
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.
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.
83. Ibid.
- 654 -
(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.
following assignment •
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.
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
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
87
and humane conditions of work & maternity relief.
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.
Problem of Identification
10 '^
103
they were harassed for the fictitious debts.
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
117
the hungry stomachs of their starving children".
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 -
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
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.
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.
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^
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.
152. Ibid.
153. Id. at 1868
- 688 -
160. Ibid.
161. Ibid p. 46.
162. Legal Mews & Views, Vol. HI (Gan, 1989) PP« 26-27»
- 691 -
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.
*
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