1

NATIONAL LAW INSTITUTE UNIVERSITY

BHOPAL

PROJECT ON: HUMAN RIGHTS

BONDED LABOUR AS A FORM OF SLAVERY IN

INDIA: ANALYSIS IN THE LIGHT OF LEGAL
PROVISIONS

SUBMITTED TO:

Prof. Uday Pratap Singh

Associate Professor

NLIU

SUBMITTED BY:

Devyani Deshpande

2008 BALLB 78
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Table of Contents
INTRODUCTION...........................................................................................................................................3
BONDED LABOUR SYSTEM: DEFINED...........................................................................................................6
Bonded Labour System............................................................................................................................6
Magnitude of Bonded Labour..................................................................................................................6
Causes of Bonded Labour........................................................................................................................7
INTERNATIONAL LAW ON BONDED LABOUR APPLICABLE IN INDIA............................................................8
INDIAN LAW ON BONDED LABOUR...........................................................................................................11
Constitutional Provisions.......................................................................................................................11
Legal Provisions in the National Context...............................................................................................12
Features of The Bonded Labour System (Abolition) Act, 1976..............................................................12
Supreme Court Decisions on Bonded Labour........................................................................................13
Bonded Labour Liberation Front (Bandhua Mukti Morcha)...................................................................14
Role of the National Human Rights Commission...................................................................................14
ELIMINATION OF BONDAGE: NATURE AND SCOPE OF INTERVENTIONS...................................................16
CONCLUSION.............................................................................................................................................18
BIBLIOGRAPHY...........................................................................................................................................19
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INTRODUCTION

“No one shall be held in slavery or servitude; slavery and slave trade shall be prohibited in all
their forms” -Article 4 of the 1948 Universal Declaration of Human Rights.

One of the least known form of slavery today and yet the most widely used method of enslaving
people is bounded labour or debt bondage. A person becomes a bounded labourer when their
labour is demanded as a means of repayment for a loan. Bonded labourers are forced to work to
repay debts their employers say they owe, and they are not allowed to work for anyone else. As
such, various forms of force are used to make sure they stay.

Incidentally, the person is tricked or trapped into working for very little or no pay, often for an
entire week. The value of their work is invariably greater than the original sum of money
borrowed. This form of slavery has existed for hundreds of years. In Southern Asia it is rooted in
the caste system and continues to flourish in feudal agricultural relationships, cottage industries
and factories.

A caste system is a social system where people are ranked into groups based on heredity within
rigid systems of social stratification, especially those that constitute Hindu India. A specialized
labor group may operate as a caste within a society otherwise free of such distinctions like the
ironsmiths in parts of Africa. In general, caste functions to maintain the status quo in a society.

Debt bondage, debt slavery, bonded labor or peonage was also used as a means of trapping
indentured labourers into working on plantations in Africa, the Caribbean and South- East Asia
following the abolition of the slave trade or the truck system. The term truck system refers to a
form of unfree labour in which workers are paid in goods and/or services, instead of money. It
should be noted that truck systems, per se, are distinguished from truck wages, a generic term for
non-cash payments, which in some historical contexts have been utilised by free workers. There
are extreme examples of chained labourers kept under armed guard in Pakistan. In many cases
they are kept under surveillance; sometimes under lock and key.
 4

Poverty and threats of violence force many bounded labourers to stay with their masters, since
they would not otherwise be able to eat or have a place to sleep. The existence of bounded labour
stems from the fact that some people are prepared to exploit the desperation of others who are
poverty stricken. They are often without land or education as such, their need for cash just for
daily survival forces people to sell their labour in exchange for a lump sum of money or a loan.

Consequently, entire families are kept like cattle on farms in India, Pakistan and Nepal; migrant
agricultural workers are equally forced to remain on ranches in Brazil, children trafficked for
profit in West Africa and the organized export of women into domestic and sexual slavery in
Europe. Despite the fact that bounded labour is illegal in most countries where they are found,
governments are rarely willing to enforce the law, or to ensure that those who profit from it are
punished.

“ The Universal Declaration of Human Rights, adopted fifty years ago, proclaimed that ‘ no one
shall be held in slavery and servitude…’ it is difficult to believe that as this great and tragic
century draws to a close, the problems of slavery and slave labour remains unresolved… All of
us have a critical role to play in ensuring that the issues of enslaved labour and debt bondage are
returned to the top of human rights agenda.” This statement was made in 1998 by Mary
Robinson, United Nations High Commissioner for Human Rights.

The system of debt bondage in India is an outcome of certain categories of indebtedness, which
have been prevailing for a long time involving certain economically, exploited helpless and
weaker sections of society. This system originated from the uneven social structure characterized
by feudal and semi feudal conditions. Bonded labourers constitute perhaps the weakest section of
rural poor.
The genesis of rural poverty in India dates back to the latter half of the 18 th century when the
erstwhile colonial rulers introduced the Zamindari system. Subsequently the anti farmers policies
of the colonial government had also contributed towards the indebtedness of a large number of
small and medium farmers and eventually pushing them into the category of landless labourers.
The problem of bonded labour closely linked to the broader socio economic problems of surplus
labour, unemployment, under employment, inequitable distribution of land and assets, low
wages, distress migration, social customs etc. With the phenomenon of small and marginal
 5

farmers and rural artisans steadily becoming landless labourers generate environment which can
perpetuate the system of bonded labour
The project will lay emphasis on the specific form of bonded labour in India namely bandhua
labour. It will discuss the bonded labour system in India in depth and analyse the constitutional
and legal provisions for it. The role of NHRC and the central government in combating this form
of slavery will delineate the propagation of human rights in India in this particular area.
 6

BONDED LABOUR SYSTEM: DEFINED

In People’s Union for Democratic Rights and others Vs. Union of India and others, bonded
labour has been defined as “when a person provides labour of service to another for
remuneration which is less than the minimum wage, the labour or service provided by him
clearly falls within the scope and ambit of the words “forced labour” under Article 23 (of the
Constitution of India).”

Bonded Labour System:

Bonded labour system means the system of forced or partly forced labour under which a debtor
enters or has or is presumed to have entered into an agreement with the creditor to the effect that
he would –

1. Render, by himself or through any member of his family or any person dependent on him
labour or service to the creditor for a specified period or for any unspecified period either with
wages or nominal wages.

2. For the freedom of employment or other means of livelihood for a specified period or for
unspecified period.

3. Forfeit the right to move freely throughout the territory of India.

4. Forfeit the right to appropriate or sell at market value any of his property or product of his
labour of a member of his family or any person dependent on him.

And includes the system of forced or partly forced labour under which a surety for a debtor
enters or has or is presumed to have entered into an agreement with the creditor to the effect that
in the event of the failure of the debtor to repay the debt, he would render the bonded labour on
behalf of the debtor.

Magnitude of Bonded Labour

Though the National Sample Survey Organisation undertook some surveys, there is no authentic
data available on the number of bonded labourers in the country. Initially 172 districts in 13
states were identified as bonded labour prone even though the practice exists in most of the
States. As more states were found to have prevalence of bonded labour, more districts were
 7

identified. Presently there are 190 districts in 17 States that have been identified as bonded
labour prone states.1

Causes of Bonded Labour

Indebtedness of the rural populace mainly in the agricultural sector is found to be a major causal
factor with the SCs/STs suffering extreme vulnerability. The problem of bonded labour is closely
linked to the broader socio-economic problems of limited economic opportunities, landlessness,
irregular and low wages, poor conditions of agricultural land, inherently faulty policies and land
reforms, caste based discrimination/ social exclusion, illiteracy, exploitative share cropping
system, cultural and religious belief and historical legacy. The factors that trigger off bonded
labour are: crisis and death in the family, natural calamity/accident, sudden loss of employment,
cheating and loan design by money lender, non-sustainable expenses on wedding and other
social functions, alcoholism, migration and trafficking.
In varying degrees the State governments tend to ignore or refuse the existence of bonded labour
in their respective States. Authorities are found unresponsive to the complaints of bonded labour
brought to their notice. Instead of acting promptly on such complaints and effecting the
identification and release of bonded labourers, they are even found helping the keepers of
bonded labourers to arrange the dispersal and disappearance of bonded labour after hurriedly
settling their accounts.

1
Source: Ministry of Labour, Government of India
 8

INTERNATIONAL LAW ON BONDED LABOUR APPLICABLE

IN INDIA
 
In addition to domestic laws, India is a party to numerous international human rights conventions
and is thus legally bound by them. An extensive review is presented by the Human Rights Watch
report on bonded labor in India.
These laws include;
 
 Convention on the Suppression of Slave Trade and Slavery, 1926
This convention requires signatories to “prevent and suppress the slave trade” and “to bring
about, progressively and as soon as possible, the complete abolition of slavery in all its forms.” It
also obligates parties to “take all necessary measures to prevent compulsory or forced labor from
developing into conditions analogous to slavery”. Convention on the Suppression of Slave Trade
and Slavery, signed at Geneva, September 25, 1926; Protocol Amended the Slavery Convention,
signed at Geneva, September 25, 1926, with annex, done at, New York, December 7, 1953,
entered into force, December 7, 1953. A slave is someone “over whom any or all of the powers
attaching to the right of ownership are exercised.” Supplementary Convention on the Abolition
of Slavery, the Slave Trade, and Institutions and Practices Similar to Slavery, done at Geneva,
September 7, 1956; entered into force, April 30, 1957 (Supplementary Convention).
 
 Supplementary Convention on the Abolition of Slavery, the Slave Trade, and
Institutions and Practices Similar to Slavery, 1956
The supplementary convention on slavery offers further clarification of prohibited practices and
refers specifically to debt bondage and child servitude as institutions similar to slavery.
 
 Forced Labour Convention, 1930
The International Labour Organisation (I.L.O.) Forced Labour Convention requires signatories to
“suppress the use of forced or compulsory labour in all its forms in the shortest period
 9

possible”.2 In 1957, the I.L.O. explicitly incorporated debt bondage and serfdom within its
definition of forced labor.3 India, however, chose not to sign this convention.
 
 International Covenant on Civil and Political Rights (I.C.C.P.R.), 1966
Article 8 of the I.C.C.P.R. prohibits slavery and the slave trade in all their forms, servitude, and
forced or compulsory labor. Article 24 entitles all children to “the right to such measures of
protection as are required by his status as a minor, on the part of his family, society and the
State.”4
 
 International Covenant on Economic, Social and Cultural Rights (I.C.E.S.C.R.),
1966
Article 7 of the I.C.E.S.C.R. provides that States Parties shall “recognize the right of everyone to
the enjoyment of just and favourable conditions of work.” Article 10 requires Parties to protect
“children and young persons... from economic and social exploitation”.
 
 Convention on the Rights of the Child, 1989
Article 32: “States Parties recognize the right of the child to be protected from economic
exploitation and from performing any work that is likely to be hazardous or... be harmful to the
child’s health or physical, mental, spiritual, moral or social development.” 5 States are directed to
implement and ensure these protections.
Article 35: “States Parties shall take all appropriate . . . measures to prevent the abduction, the
sale of or traffic in children for any purpose or in any form.” A significant portion of the bonded
child laborers of India are trafficked from one state to another, and some are sold outright.6

2
 Forced Labour Convention (No. 29), 1930, adopted at Geneva, June 28, 1930, as modified by the Final Articles
Revision Convention, adopted at Montreal, October 9, 1946.

3
International Labour Organisation, Conventions and Recommendations 1919-1966 (Geneva: I.L.O., 1966), p. 891.
The I.L.O. also passed the Abolition of Forced Labour Convention (No. 105) in 1957.
4
 International Covenant on Economic, Social and Cultural Rights, G.A. Res. 2200 (XXI), 21 U.N. GAOR Supp. (No.
16), U.N. Doc. A/6316 (entered into force January 3, 1976)
 

5
Convention on the Rights of the Child, G.A. Res. 44/125, U.N. GAOR, 44th Session, Supp. No. 49, U.N. Doc.
A/44/736 (1989) (entered into force September 2, 1990)
6
Human Rights Watch/Asia, Rape for Profit: Trafficking of Nepali Girls and Women to India’s Brothels (Human
Rights Watch: New York, 1995)
 10

Article 36: “States Parties shall protect the child against all other forms of exploitation
prejudicial to any aspects of the child’s welfare”.7
 
 International Labour Organization (I.L.O.) Conventions
There are two I.L.O. Conventions, Convention No. 29 concerning Forced or Compulsory Labour
(1930) and Convention No. 105 concerning Abolition of Forced Labour (1957).
Government of India has ratified both the Conventions.
 Convention No. 29 cast an obligation on the Members of the I.L.O. which ratifies this
Convention to suppress the use of forced or compulsory labour in all its form within the
shortest possible period. For the purpose of this Convention, the term “forced or compulsory
labour” means all work or service which is exacted from any person under the menace of any
penalty and for which the said person has not offered himself voluntarily.
Under Convention 105, each Member of the I.L.O. which ratifies this Convention is required to
suppress and not to make use of any form of forced or compulsory labour-
i. as a means of political coercion or education or as a punishment for holding or expressing
political views or views ideologically opposed to the established political, social or
economic system;
ii. as a method mobilizing and using labour for purposes of economic development;
iii. as a means of labour discipline;
iv. as punishment for having participated in strike;
v. as a means of racial, social, national or religious discrimination.8

INDIAN LAW ON BONDED LABOUR

7
 Convention on the Rights of the Child, G.A. Res. 44/125, U.N. GAOR, 44th Session, Supp. No. 49, U.N. Doc.
A/44/736 (1989) (entered into force September 2, 1990)
8
YSR Murthy “Human Rights Handbook” Lexis Nexis Butterworths (A division of Reed Else Vier India Pvt. Ltd) New
Delhi, India 2007
 11

Constitutional Provisions

The Constitution of India guarantees all its citizens – justice - social, economic and political;
freedom of thought, expression, belief, faith and worship; equality of status and of opportunity
and fraternity, dignity of individual and unity of the nation.
1. Article 23
Prohibition of traffic in human beings and forced labour
(1) Traffic in human beings and begar and other similar forms of forced labour are prohibited
and any contravention of this provision shall be an offence punishable in accordance with law.
(2) Nothing in this article shall prevent the State from imposing compulsory service for public
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.
2. Article 39
Certain principles of policy to be followed by the State
Article 39(a) provides that the citizens, men and women equally, have the right to an adequate
means of livelihood; Article 39 (d) provides that there is equal pay for equal work for both men
and women and Article 39 (e) provides that the health and strength of workers, men and women,
and the tender age of children are not abused and that the citizens are not forced by economic
necessity to enter avocations unsuited to their age or strength.
3. Article 42
Provision for just and humane conditions of work and maternity relief
The State shall make provision for securing just and humane conditions of work and maternity
relief.
4. Article 43
Living wage etc. for workers
The State shall endeavour to secure, by suitable legislation or economic organization or in any
other way, to all workers, agricultural, industrial or otherwise, work and living wage, conditions
of work ensuring a decent standard of life and full enjoyment of leisure and social and cultural
opportunities and, in particular the State shall endeavour to promote cottage industries on an
individual or co-operative basis in rural areas.
 12

Legal Provisions in the National Context

The issue of ‘bonded labour’ came to forefront in national politics, when it was included in the
old 20-Point Programme in 1975. Thereafter based on the Constitutional provision, The Bonded
Labour System (Abolition) Ordinance was promulgated in 1975 which was subsequently
replaced by The Bonded Labour System (Abolition) Act, 1976. Any person who was a bonded
labourer on 24th October 1975 stood freed and discharged from any obligation to render bonded
service and repay debt with effect from this date. He is to be set at liberty regardless of loans/
debts/advances he might have owed.
Section 374
Unlawful Compulsory Labour
Whoever unlawfully compels any person to labour against the will of that person, shall be
punishable with imprisonment of either description for a term which may extend to one year, or
with fine, or with both.9

Features of The Bonded Labour System (Abolition) Act, 1976

The act provided following reliefs to the victims of bonded labour.
 On commencement of this Act the bonded labour system shall stand abolished and
every bonded labourer shall stand freed and discharged free from any obligation to
render bonded labour.
 Any custom, agreement or other instrument by virtue of which a person is required to
render any service as bonded labour shall be void.
 Liability to repay bonded debt shall be deemed to have been extinguished.
 Property of the bonded labourer to be freed from mortgage etc.
 Freed bonded labourers shall not be evicted from homesteads or other residential
premises which he was occupying as part of consideration for the bonded labour.
  District Magistrates have been entrusted with certain duties and responsibilities for
implementing the provision of this Act.
 Vigilance committees are required to be constituted at district and sub-divisional
levels.

9
J. Palok Basu “Law Relating to Protection of Human Rights (Under the Indian Constitution and Allied Laws)” 2 nd
Edn, Modern Law Publications, New Delhi, 2007
 13

 Offences for contravention of provisions of the Act are punishable with imprisonment
for a term which may extend to three years and also with fines which may extend to
two thousand rupees.
 Powers of Judicial Magistrates are required to be conferred on Executive Magistrates
for trial of offences under this Act. Offences under this Act may be tried summarily.
 Every offence under this Act shall be cognizable and bailable.10

Supreme Court Decisions on Bonded Labour

The issue of bonded labour was raised in the Supreme Court in the form of Public Interest
Litigations. The Supreme Court through its judgments has held as under: In the Bandhua Mukti
Morcha case, the Supreme Court held that whenever it is shown that a labourer is made to
provide forced labour, the Court would raise the rebuttable presumption that he is required to do
so in consideration of an advance or other economic consideration received by him and he is,
therefore, bonded labour.11 The bonded labourers must be identified and released and on release
they must be suitably rehabilitated. Any failure on the part of the State Government in
implementing the provisions of the Bonded Labour System (Abolition) Act, 1976 would be
violative of Articles 21 and 23 of the Constitution of India (Neerja Choudhary v. State of
M.P).12 Whenever a person was forced to provide labour for no remuneration or nominal
remuneration, the presumption would be that this was a bonded labour unless the employer or
State Government was in a position to prove otherwise (Neerja Choudhary v. State of MP). In
PUCL v. State of Tamil Nadu case, as per the directions of the Supreme Court a survey was
conducted by all the State Governments during October-December 1996 to identify the bonded
labourers. Only seven State Governments namely Arunachal Pradesh, Bihar, Karnataka, Madhya
Pradesh, Maharashtra, Uttar Pradesh and Tamil Nadu reported identification of 28, 335 bonded
labourers through the affidavits filed in the Apex Court.

Bonded Labour Liberation Front (Bandhua Mukti Morcha)

10
H.L. Kumar “Labour Laws: Everybody Should Know” 5 th Edn, Universal Law Publishing Co. New Delhi, 2008
11
Bandhua Mukti Morcha v. Union of India and Others 1984 2 SCR
12
1984 3 SCC 243
 14

Bandhua Mukti Morcha (BMM) was formed in 1981 to wage a battle against the pernicious
bonded labour system in India. Administrative and political will to carry out the Constitutional
mandate and enforce prohibitive laws of the land failed to produce any results. Against all
odds, Bandhua Mukti Morcha has achieved the release of over 1, 24,000 bonded Indians from
the shackles of slavery. A large number of them have been rehabilitated. From the Carpet
Industry alone, about a thousand children have been rescued and restored to their parents. Their
rehabilitation has been monitored effectively. BMM has started a campaign for the provision of
non-formal, full time education for these children, along with the supply of nutrition to each and
also some food security to their poor families.
As a result of BMM’s efforts, the leaders of the leading political parties have expressed their
concern on the issue of child labour and often made a mention of it in their election manifestos in
Parliamentary elections. Bandhua Mukti Morcha has been campaigning for a national minimum
wage equivalent to first-day salary of a class IV employee in Government service. Its revision is
to be done on cost price index as is done for the Government employees. The State Governments
may fix minimum wage according to the local conditions but not below the National Minimum
Wage.

Role of the National Human Rights Commission

• The Supreme Court in the Writ Petition (No.3922/1985) – Public Union for Civil Liberties v.
State of Tamil Nadu & Others – requested the NHRC to get involved in the monitoring of the
implementation of the Bonded Labour System (Abolition) Act, 1976.
• The Supreme Court stated that the NHRC should follow the manner indicated in the order
passed by the Supreme Court on 11-11-1997 in Writ Petition No.1900 of 1981 requesting the
NHRC to be involved in the supervision of the working of the Agra Protection Home to “ensure
that the Home functions in the manner as is expected for achieving the objects for which it has
been set up” and that “the concerned
authorities would promptly comply with the directives given by the NHRC”.
• The NHRC views the responsibility assigned to it from the angle of the constitutional guarantee
[Article 23(1) of the Constitution of India] incorporated in the Bonded Labour System
(Abolition) Act, 1976.
 15

• The NHRC took up the monitoring of implementation of the Bonded Labour System
(Abolition) Act, 1976 in early 1998.
• It focused attention on 13 states – Andhra Pradesh, Arunachal Pradesh, Bihar, Haryana,
Karnataka, Kerala, Madhya Pradesh, Maharashtra, Orissa, Rajasthan, Tamil Nadu and Uttar
Pradesh, identified as bonded labour prone areas by the Union Labour Ministry on the basis of
several study reports.
• Commission has been monitoring the implementation of the Bonded Labour System (Abolition)
Act, 1976 through its Special Rapporteurs.
• Several reviews in the States have been conducted by the Chairperson and Members of the
Commission.
• The Commission keeps the Supreme Court informed about the steps taken by it to discharge the
responsibility entrusted.
• In the year 2000, the Commission constituted an expert group to prepare a report on the
status/improvement of the existing scheme and recommendation to effectively implement laws
for the abolition of the bonded labour system.
• The group in its report gave its findings on the present status, the position of the existing
schemes and recommendations relating to the law. It also gave an Action plan for the NHRC
indicating that the task of monitoring entrusted to the NHRC by the Supreme Court requires the
Commission’s involvement in all the three functions,namely Identification, Release and
Rehabilitation of bonded labour.
• The Commission is pursuing the States/UT Governments to complete the mandatory measures
under the Bonded Labour Act, namely –
(i) Specifying authorities for implementing the provisions of the Act (Section 10);
(ii) Constitution of Vigilance Committees in each district and each sub-division (Section 13);
(iii) Authorizing the Executive Magistrates to exercise powers of Judicial Magistrates for the
trial of the offences under the Act (Section 21);
(iv) Identifying the sensitive districts and industries where bonded labour system is being
practised in one form or the other.
 16

ELIMINATION OF BONDAGE: NATURE AND SCOPE OF

INTERVENTIONS
The existence of bonded labour is an affront to basic human dignity. There has been some
change in the nature and incidence of bonded labour in India as a result of various factors,
including the impact of social change and social movements, economic modernisation and State
intervention. While these processes have impacted positively on the unfree status of labour in
traditional agriculture and in some other sectors, the incidence of bonded labour still remains
high in some segments of unorganised industry, the informal sector and in the relatively modern
segments of agriculture in some areas. The Bonded Labour System (Abolition) Act created a
legislative framework for the elimination of bonded labour in 1976. But, as both the Supreme
Court and the NHRC have shown, its implementation by the States has generally remained weak.
The Supreme Court of India has, in a series of judgments, given directions to improve the
situation and since 1997, under its direction, the National Human Rights Commission has been
directly involved in monitoring the situation and making reports to the Court. In its order of
November 11, 1997, passed in the writ petition No. 3992 of 1985 – PUCL vs. State of Tamil
Nadu and others, the Supreme Court has entrusted to the NHRC the responsibility of monitoring
the directions of the Court issued from time to time and the implementation of the provisions of
the Bonded Labour System (Abolition) Act.
In order to assist the State Government in their task of rehabilitation of released bonded
labourers, the Ministry of Labour launched a Centrally Sponsored Scheme since May, 1978 for
rehabilitation of bonded labourers. Under this Scheme rehabilitation assistance of Rs. 20,000/-
per freed bonded labour is provided, which is shared by the Central and State Governments on
50:50 basis; in the case of the Seven North Eastern States, 100% central assistance if they
express their inability to provide their share. The Scheme also provide for financing of the
following activities. Rs. 2.00 lakhs per sensitive district can be provided to concerned state
government to conduct survey for identification of bonded labour once in three years. Central
assistance of Rs. 10.00 lakhs every year can be sanctioned to every state government to
undertake awareness generation activities relating to bonded labour system. Rs. 5.00 lakhs per
year can be sanctioned to every state government to study impact of existing land-debt related
 17

issues affecting bonded labourers and the impact of poverty alleviation programmes and
financial assistance provided by various Government sources so far.
Besides above the States Governments have also been advised to integrate/ dovetail the Centrally
Sponsored Scheme for rehabilitation of bonded labour with other ongoing poverty alleviation
schemes such as Swaran Jayanti Gram Sewa Rojgar Yojana (S.J.G.S.R.Y.), Special Component
Plan for Scheduled Castes, Tribal Sub-Plan etc.
Accordingly, the rehabilitation package provided by the concerned Stated Governments for the
freed bonded labourers includes the major components like allotment of house-site and
agricultural land, land development, provision of low cost dwelling units, animal husbandry,
dairy, poultry, piggery etc., training for acquiring new skills; developing existing skills etc.
Finally, the persistence of bondage is a consequence of weak enforcement of labour laws and the
laws of the land. India has a plethora of labour legislation regulating the conditions of work of
contract and migrant labour, prohibiting child labour in hazardous industries, and for minimum
wages. But these remain in large part unimplemented. More significantly, in case after case,
there is violation of the fundamental human rights of workers, which are enshrined in the
Constitution. A concerted effort to ensure implementation of the law, by government in close
cooperation with employers’ and workers’ organisations and civil society, is called for in this
respect.
 18

CONCLUSION

Freedom from bondage would be meaningful only when the uncertainty and insecurity
associated with bondage is removed through productive and income generating schemes. In the
absence of poverty eradication measures, the rehabilitated bonded labourers are likely to fall
back into their original state of bondage. The scheme for rehabilitation should be chosen in
consultation with the beneficiary and it should be well planned with all requisite components and
infrastructural facilities tide up. By an order of immediate priority, pockets in different parts of
country which are dry, drought-prone and poverty stricken and prone to other natural calamities,
migration, indebtedness and also from where the incidence of bonded labour system have been
reported on one time or the other, could be identified and surveys undertaken on selective basis
to identify the bonded labour system. The bonded labour so identified should be released and
rehabilitated on priority basis. Besides that special efforts should be made to remove the general
economic backwardness of such area by focused integration of various ongoing plan
programmes.
 19

BIBLIOGRAPHY

BOOKS
 YSR Murthy “Human Rights Handbook” Lexis Nexis Butterworths (A division of Reed
Else Vier India Pvt. Ltd) New Delhi, India, 2007
 H.L. Kumar “Labour Laws: Everybody Should Know” 5th Edn, Universal Law Publishing
Co. New Delhi, 2008
 J. Palok Basu “Law Relating to Protection of Human Rights (Under the Indian
Constitution and Allied Laws)” 2nd Edn, Modern Law Publications, New Delhi, 2007
 Dr. S.K. Kapoor “International Law and Human Rights” 14th Edn, Central Law Agency,
Allahabad, 2002
 Gokulesh Sharma “Human Rights and Social Justice” Deep & Deep Publications, New
Delhi, 2007

WEB SITES
 http://www.articlesbase.com/causes-and-organizations-articles/the-issue-of-bonded-labour-in-
india-2937139.html
 http://www.bbc.co.uk/worldservice/trust/whatwedo/where/asia/india/2010/05/100507_india_
bonded_labour_majboor.shtml
 nhrc.nic.in/publications.htm