SOCIAL JUSTICE AND SOCIAL ENGINEERING THROUGH LAW

IN THE FIELD OF BONDED LABOR

∗
Dipa Dube

Introductory Note:
“ Bowed by the weight of centuries he leans,

Upon his hoe and gazes on the ground.

The emptiness of ages on his face,

And on his back, the burden of the world.”

Bonded labor is a social evil. It is an unfortunate and painful relic of our feudal past.
Although feudalism itself has been destroyed, the system of bonded labor has continued
to exist in many forms in different parts of our country and has assumed serious
magnitude in the world human rights in recent years. As observed by Will Moore
Kendall1- entering into the society was the necessity of the time, but human being was
not prepared to surrender his inherent virtues provided by the nature- freedom and
dignity. But the concept of ‘Bandhua Mazdoor’ is inconsistent to these basic virtues
guaranteed to citizens as well as non-citizens under Art 21 of the Indian Constitution.

Bonded Labor: Conceptual Analysis:

According to the Statesman Dictionary- Labor under Bondage has been defined as “ a
legal deed by which a person engaged himself and his representative to fulfil specific
condition or pay money.”2 The Royal Commission on Labor (1931) has defined it as
follows- “ The labor borrows money from the landlord under a contract to work until the
debt is repaid. The debt tends to increase rather than diminish and the man, and
sometimes his family, is bound for life”.
The Bonded Labor System (Abolition )Act 19763 has defined the term to mean-“ A
laborer who incurs or has or is presumed to have incurred a bonded debt.” It is a system
of forced labor under which the debtor enters into an agreement with the creditor to the
effect that he would render, by himself or through any member of his family or any
person dependant upon him, labor or service to the creditor for a specified period or for
an unspecified period, either without wages or for nominal wages, or
• Forfeit the freedom of employment in other means of livelihood for a specified
period or unspecified period or
• Forfeit the right to move freely throughout the territory of India or
• Forfeit the right to appropriate or sell at market value any of his property or
product of his labor or that of a member of his family or any person dependant on
him.4
The National Sample Survey Organization (June, 1977) has viewed bonded labor as
“working with an employer under obligation but work not specifically compensated by
any wage/ salary.”5

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 The above definitions reveal that a bonded laborer has virtually no bargaining
power. He has no right to refuse to work except under the terms set by his master. He can
neither quit nor take up work of another employer. By virtue of economic compulsions or
customary needs, the bonded laborer is tied to his master and subject to his whims and
fancies. As pointed by the apex court of the country6 “ They are non- beings, exiles of
civilization living a life worse than that of animals, for the animals are at least free to
roam around about as they like and they can plunder or grab food whenever they are
hungry, but these outcasts of society are held in bondage, robbed of their freedom and
they are confined to an existence when they have to live either in hovels or under the
open sky and be satisfied with whatever little unwholesome food they can manage.. Not
having any choice they are driven by poverty and hunger into a life of bondage to a dark
bottom less pit in a cruel exploitative society from which they cannot hope to be
rescued.”

Constitutional and Statutory Prohibition:

The Constitution of India, a humane document which directs every organ of the
state to strive for the fullest development of the personality of every individual7, enacts in
Art 21 that- “ No person shall be deprived of his life and personal liberty except
according to the procedure established by law.’
The fundamental right to life has many attributes. It includes the right to live with
human dignity, and all that goes along with it, namely, the bare necessities of life viz,
adequate nutrition, clothing and shelter and facilities for reading, writing and expressing
oneself in diverse forms, freely moving about, mixing and commingling with fellow
human beings, right to protect against torture or cruel or inhuman treatment.8 In Maneka
Gandhi v. Union of India9 the Supreme Court held that the expression ‘personal liberty’
is of the widest amplitude and it covers a variety of rights which go to constitute the
personal liberty of man and includes the right to eat or sleep when one likes or to work or
not work as and when one pleases and several such other rights.
Art 23 of the Constitution deals with Right against Exploitation. ‘Exploitation’
means the utilization of person for one’s own ends. It is opposed to the dignity of the
individual, to which the preamble of our constitution refers. It is also opposed to the
Directive Principles of State Policy, for example, Art 39(e) and (f) which provides
respectively that the state shall ensure that the health and strength of workers, men and
women and the tender age of children are not abused and that citizens are not forced by
economic necessity to enter into avocations unsuited to their age or strength; that
childhood and youth are protected against exploitation and against immoral and material
abandonment.10
Art 23(1) prohibits traffic in human beings and beggar and other similar forms of
forced labor and provides that any contravention shall be an offence punishable in
accordance with law.
The word ‘begar’ has not been defined in the Constitution but it may be defined
as ‘labor or service exacted by government or a person in power without giving
remuneration for it.’11 The word ‘other similar forms of labor’ has been held12 to include
every form of forced labor and it makes no difference whether the person who is forced
to give his labor or service to another is remunerated or not.

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 In Bandhua Mukti Morcha v. Union of India13, Justice Bhagwati classified bonded
labor under Art 23. The learned judge stated, ‘The system of bonded labor stood
prohibited by Art 23 and there could be no more solemn and effective prohibition than
the one enacted in the Constitution.’
To give the Constitutional provisions a true shape, it was essential that the
Government enacted a law so as to put an end to this gruesome system of exploitative
labor. The most sincere attempt came on July 1, 1975 when our late Prime Minister, Smt.
Indira Gandhi, in her 20 point program stated- “The practice of bonded labor is barbarous
and will be abolished. All contracts and arrangements under which services of such
bonded labor are now secured will be declared illegal.’14 This announcement was
followed the promulgation of the Bonded Labor System (Abolition) Ordinance, 1975
which was later replaced by a duly enacted law in 1976.15
The main thrust of the 1976 legislation is on the abolition of any form of forced
labor. In other words, the practice of bonded labor has been declared illegal and all such
laborers have been freed and discharged from any obligation to render bonded labor
immediately after the commencement of the Act. The principal features of the Act may
be summarized as follows:
 The Bonded Labor System stands abolished.
 Every obligation to repay any bonded debt or any part of it, if remain
unsatisfied, shall be deemed to have been extinguished.
 No suits or proceedings shall be brought in the civil court or before any
other authority for the recovery of the bonded debts.
 Any decree or order for the recovery of the bonded debt shall be deemed
to have been fully satisfied.
 Any attachment made for recovery of bonded debt shall stand vacated.
 Any attachment of movable or immovable property shall stand vacated
and such property shall be restored to the bonded laborer.
 The bonded laborer shall not be evicted from any homestead land which
he is in occupation under any obligation.
 Any person who compels another to render any bonded labor shall be
punished with imprisonment for three years or fine upto two thousand
rupees.
 Every offence under the Act shall be cognizable and bailable.

The task of implementation of the provisions of this Act is cast on the District
Magistrates. The latter as well as every officer authorized by him has duty to take such
action as may be necessary to eradicate the system within his jurisdiction16.
The law further envisages people’s cooperation by constituting Vigilance
Committees in each district and subdivision by the State Government. The functions of
the committee, inter alia, are as follows17:
 To advice the District Magistrate to ensure that the provisions of the Act
and the rules made there under are properly implemented.
 To provide for the economic and social rehabilitation of the freed bonded
laborers.

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  To coordinate the function of rural banks and cooperative societies with a
view to canalizing adequate credit to the freed bonded laborers.
 To keep an eye on the number of offences to which cognizance has been
taken under the Act.
 To make a survey as to whether there is an offence to which cognizance
ought to be taken under the Act.
 To defend a suit instituted against a freed bonded laborer

Implementation of the Act:

The passing of the Bonded Labor System (Abolition) Act has not been of much
consequence. Very little achievements have been made over the years. As revealed by
statistics, upto April 1989, 242618 bonded laborers had been identified. Out of these,
231559 had been released. Only 210091 such laborers had been rehabilitated upto
January, 1988 and only 11344 cases had been registered against the keepers of bonded
laborers.18
Another statistics on child labor states that ‘India has some 44 million workers under
the age of thirteen, with 300,000 in the carpet making industry alone…By conservative
estimates, there are thought to be at least 5 million children in bonded labor in India’.19
A recent incident of brutality perpetrated against bonded laborers caught the attention
of the present writers20. Herein, a laborer borrowed a sum of Rs. 300 from an affluent
person of his village and later repaid the amount with the interest agreed upon. But the
lender insisted that he still owed Rs. 150 as interest which the laborer could not pay. To
treat him a lesson, few persons, at the instance of the moneylender, poured acid on the
laborer and his family, comprising of his wife and son. The three have been admitted to
the hospital and is presently undergoing treatment.
The above suggests the prevalence of the system of bonded labor till today. It also
illustrates the deplorable condition of the modern day slaves, on the one hand and the
extreme apathy and non-committal approach of the governmental officials on the other.
As observed by Justice P.N.Bhagwati21-
“ The process of identification and release of bonded laborers is a process of
discovery and transformation of non-beings into human beings and what is needed is
determination, dynamism and the sense of social commitment on the part of the
administration to free bonded laborers and rehabilitate them and wipe out this ugly
inhuman practice, which is a blot on our national life.”

Judicial Approach:
The problem of bonded labor has also received the attention of the highest court
of the land. In Bandhua Mukti Morcha case22 the Supreme Court expressed dissatisfaction
for the indifferent and callous attitude of the Government in handling the problem of
bonded labor. It stressed on the need for rehabilitation of the freed laborers and added
that the concept of rehabilitation should have the following four features:
a) Psychological rehabilitation must go side by side with physical and economic
rehabilitation b) the physical and economic rehabilitation should include all major
components like agriculture, animal husbandry, promotion of traditional arts and craft,
wage employment, health, education, medical care and protection of civil rights c) the

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different components of the rehabilitation schemes sponsored by the Central and state
governments require integration so as to avoid duplication d) the bonded laborers selected
for rehabilitation should have a choice between the various alternatives so that they do
not slide back to debt bondage.23

Neeraja Chowdhury v. State of Madhya Pradesh24 is another momentous decision

of the Supreme Court. Based on a letter addressed to a judge, narrating the woeful
condition of about 135 laborers in the stone quarries of Faridabad, the Supreme Court
took serious view of the lax attitude of the State in identifying, releasing and
rehabilitating the bonded laborers. It held that- It would be cruel to insist that a bonded
laborer in order to derive the benefits of the social welfare legislation should have to go
through the process of trial with the normal procedure. That would be a totally futile
process because it is obvious that a bonded laborer cannot stand the rigidity and
formalism of the legal process due to poverty, illiteracy and socio- economic
backwardness. Whenever it is shown that a laborer is made to provide forced labor, the
court would raise the presumption that he is required to do so in consideration of an
advance received by him and is therefore a bonded laborer. The court further pointed out
that- it is not enough merely to identify and release bonded laborers, but it is equally and
perhaps more important that after identification and release they must be rehabilitated
because without it they would be driven by poverty, helplessness and despair into
serfdom once again. The Court suggested the following steps to be taken in this regard:-
a) the officers appointed should be properly trained and sensitized so that they feel
attached to the misery and suffering of the poor b) there should be constant check and
supervision over the activities of these officers c) intensive study of the areas traditionally
prone to the system of debt bondage should be undertaken by Vigilance Committees with
the help of social action groups.

Social Engineering, Social Justice And Bonded Labor System- An Impact Analysis
“ Looked at functionally, the law is an attempt to satisfy, to reconcile, to
harmonize, to adjust…overlapping and often conflicting claims and demands, either
through securing them directly and immediately or through delimitation or compromises
of individual interests so as to give effect to the greatest total of interest or to the interests
that weigh most in our civilization with the least sacrifice of the scheme of interest as a
whole.”25 Thus law is an instrument which controls interest according to the requirements
of the social order. It represents the consciousness of the whole society. Pound viewed
law as some ‘ brooding omnipresence in the sky operating outside of particular
interests.’26
The bonded labor system involves the relationship of the master or employer with
his laborer. The interests of two classes of individuals are therefore involved – the
employer, who needs laborers to carry out his business or trade, the ultimate motive being
to earn more and more profits; and the laborer who needs to satisfy his basic necessities
of life. The latter is compelled by circumstances to pledge his life and labor in the hands
of the former who, in turn, exploit him to serve his own selfish interests.
This being the picture on one side, on the other stands the society which hopes to
bring about a just social order in which life, liberty and equality reign supreme. Infact, all
modern societies are founded on these basic pillars of ‘social justice.’ As observed by

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Justice Krishna Iyer27, “ Struggle for social justice throughout the history centred around
some demand for equal rights, that is, struggle against slavery, monarchy, economic
exploitation etc. The concept of social justice is based on the idea that all men are equal
in society without distinction of caste, color, creed.” Since the modern society is in
continuous pursuit of this concept of social justice, it strives to bring about a balance or
equilibrium between the social interests on the one hand and the individual interest on the
other. Infact, it suppresses the individual interest to the extent to which it is in conflict
with the larger interest, that is, the well being of the society. Such being the case, the state
views the interest of bonded laborers who are deprived of their basic human rights- life,
liberty, dignity, as a social interest which must prevail over the interest of employers. As
Pound enumerates in his concept of social engineering that laws serve only those interest
that conduce to the good of the whole society; similar is the case of bonded laborers who
are weak, vulnerable and unable to safeguard themselves against the exploitation by their
masters. The state strives to protect their interests in order to achieve social welfare and
ensure them the sacrosanct rights of life and liberty and thereby establish a sort of social
justice.
Thus it is clear that the state enacts laws to secure the claims or interests of the
downtrodden and such laws, in turn, protect the interests of society. The Bonded Labor
System (Abolition) Act, 1976 is one such legislation. It has declared the system of
bonded labor as illegal and unconstitutional being contrary to the provisions of Art.21
and 23 of the Constitution. It has attempted to free the laborers from the clutches of their
cruel masters. The Act has ensured them the freedom of life and work and most
importantly, the freedom of choice. The Act has made every possible provision to secure
the social interest or the well being of the society by curtailing the narrow interests of the
employers and upholding those of the laborers. It has sought to engineer the society
towards a new social order where justice, social, economic and political, shall inform all
institutions of national life.
Leo N. Tolstoy had once observed- “the abolition of slavery has gone on for a
long time. Rome abolished it, America abolished it and we did, but only the words were
abolished, not the thing.” In the words of Justice Krishna Iyer, “the great pledge to
protect social justice as a fact of national life and underwrite its triple components of
equality, dignity and the basic minima of human needs to every Indian was made at the
historic hour before midnight when India awoke to Freedom. But the midnight continues
and the masses caught in the darkness ask in agony, where is the dawn?” “ Social justice,
the ideological signature of our constitution is Vasudhaiva Kutumbakam or Lokah
Samasthou Sukhino Bhavatu. But the goal is too far away to be achieved.”
The mere passing of the Bonded Labor (Abolition) Act has not put an end to the
miseries of the poor laborers. Even after several years of its passing, the bonded laborers
have not become free- socially, economically or psychologically and a large number of
them are still found in stone quarries, stone crushers, firms, brick kilns, construction
projects etc., working under the most inhuman conditions. Law as a reconciler of
conflicting interests and an instrument for the fulfillment of social well-being has failed
in its basic objectives. It has also failed to bring about the desired goal of social justice
‘which brings within its sweep the objective of removing all inequalities and affording
equal opportunity to all citizens in social affairs as well as economic activities.’

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CONCLUDING REMARKS:

The system of bonded labor is amongst the oldest and most pervasive economic
institutions prevalent in India. It has survived over ages primarily because of the poverty
and caste structure of the society. The central theme of the bonded labor system has been
the conflict between the individual employers and the bonded labourers . The interests of
the latter class of persons, characterized as primary social interest, have been safeguarded
by the State. It has made endeavors to fulfil the claims or demands of the poverty stricken
masses and passed the Bonded Labor System (Abolition) Act 1976, which, however, has
met with little success. The Supreme Court in Asiad workers case, Bandhua Mukti
Morcha etc. also adopted a positive attitude and tried to render assistance to these poor
and deprived laborers so that they can come out of the clutches of their masters. But yet
the goal is far fetched. Mere passing of laws is probably not sufficient to eradicate the
social evil. A multi- dimensional or holistic approach is needed to tackle the problem.
First, suitable alternatives of employment should be generated by the Government so that
the poverty stricken people are not compelled to opt for a life of servitude. Secondly, the
administration should be more vigilant and feel their social commitment for freeing and
rehabilitating the bonded laborers. Thirdly, there is the need of involvement of social
action groups operating at grass root level in the task of identification and release of
bonded laborers. This should be backed by strong political will. Constant check and
supervision over the activities of officers charged with the task of rehabilitation of
bonded laborers is another important step in this regard. Fourthly, education is an
important vehicle of social change. Compulsory education should be provided to the
laborers or workers. It would make them aware of their rights and benefits- that they are
entitled to various benefits under the social welfare laws. Fifthly, judicial activism
through public interest litigation could be used as a useful medium to liberate the
downtrodden and provide a new ethos in the judicial system. Lastly, legal aid clinics run
by young lawyers and senior law students should be started for the deprived sections of
people in society.
The destination is yet to be reached. It is far away and the nation has a long way
to go before it reaches the ultimate goal of social justice- a new just social order where all
the competing interests of society will converge and meet to produce a greater good- the
good or happiness of the entire state. The achievements till now are only the early steps
towards redemption of the social justice tryst with destiny: this is not the end- it is not
even the beginning of the end; but it is perhaps the end of the beginning28.

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
End Notes:
∗
Faculty Member. Rajiv Gandhi School of Intellectual Property Law, IIT Kharagpur.
1
Will Moore Kendall, Social Contract in International Encyclopaedia of the Social Sciences, Vol.14, p.376.
2
Naintia Rish Pal, Bonded Labour in India: A Socio- Legal Study (Aph Publishing Co. Edn. 1, 1997), p.2.
3
Act No. 19 of 1976.
4
id., Section 2 (f).
5
National Sample Survey Organization, Socio- Economic Survey, Thirty- Second Round, 1977-78, Vol.1, p.108.
6
Bandhua Mukti Morcha v. Union of India AIR 1984 SC 802 at p. 927.
7
Bachan Singh v. State of Punjab (1982) SCC 24 at p.77.
8
Francis Coralie Mullin v. Administrator, Union Territory of Delhi (1981) 1SCC 608 at p.618.
9
AIR 1978 SC 597.
10
See, H.M.Seervai, Constitutional Law of India, Vol.2 (Tripathy 4th Edn. 1992) p.1234.
11
id.
12
People’s Union for Democratic Rights v. Union of India AIR 1982 SC 1473.
13
AIR 1984 SC 802.
14
ibid., n.2.
15
Bonded Labor System (Abolition) Act, 1976; Also see, The Child Labor (Prohibition and Regulation) Act,1986.
16
See, Sections 10-12 Bonded Labor System (Abolition) Act, 1976.
17
See, Section 14 Bonded Labor System (Abolition) Act, 1976.
18
Pandit Nirmala, Social Justice and Bonded Labor System in Samuel C.J. (ed.), Principles of Legislation and Judicial
Process (Department of Law, Poona University 1st Edn. 1992) p.334.
19
See, Pradeep S.Mehta, Cashing in on child labor, Multinational Monitor (April 1994) p.24; Edward A. Gargan, Of
Human Bondage: India tolerates slave labor as usual, International Herald Tribune (5 June 1992).
20
The Times of India titled “ Acid poured on three of a family for Rs. 150 debt” dated 30th April, 2002; Also see, The
Telegraph titled “Laborers escape” dated May, 2002.
21
Neerja Chowdhury v. State of Madhya Pradesh AIR 1984 SC 1099.
22
ibid., n.6
23
See also, People’s Union for Democratic Rights v. Union of India AIR 1982 SC 1473.
24
AIR 1984 SC 1099
25
Pound Roscoe, Jurisprudence, Vol. III (West Publishing Co. 1959) p.324.
26
Lord Lloyd, Introduction to Jurisprudence (Stevans and Sons, 4th Edn., 1979) p.363.
27
Justice Krishna Iyer, Social Justice : Sunset or Dawn (Eastern Book Co. 2nd Edn. 1987) p.49.
28
ibid., n.27, pp.172-3.