In Bonded Freedom Author(s): Arvind Narayan Das Reviewed work(s): Source: Economic and Political Weekly, Vol.

11, No. 20 (May 15, 1976), pp. 724-726 Published by: Economic and Political Weekly Stable URL: http://www.jstor.org/stable/4364619 . Accessed: 16/01/2012 08:18
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May 15, 1976 against the same forces as the rest. Unlike the well-off Muslims, they do not have to have a seat in official bodies. Indeed, West Bengal's Chief Minister, S S Ray, pointed this out: "A vast number of minority community belonged to the poorer sections of society. They did not want high posts." The resolutions of the convention thus smacked of the hackneyed and demogogic as the privileged sought a larger share in the privileges. One resolution said: "While fully appreciating the national economic policy aiming at a fair deal to all, this minority convention cannot help taking note of the fact that certain lacunae, coupled with other factors in its implementation, have resulted in the continued deterioration in the economic conditions of sizable minorities, particularly the Muslim community whieh constitutes the largest minority in the state." With regard to the 20-point programme, Mohammed Astnanvi said: "Lakhs of acres of land have been distributed among harijansand adivasis. The landless Muslim tillers are yet to avail of it." Also, under the apprentice training scheme, the representation of scheduled castes and tribes had "con-

ECONOMIC AND POLITICAL WEEKLY siderably" gone up while that of Muslims was yet to improve. Yet, all this only underscores the illegitimacy of treating Muslims in isolation from the common masses. After all, did not the convention president, Jamilur Rebman, himself declare that "what is not generally understood is that the solution of their [Muslims'] problems is not peculiar or sectarian; only through a common mass action the uplift of our people, Hindus, Muslims and others can be brought about". Only one participant in the seminar, Zafar Imam, took the occasion to chide the vocal, politically strong, and politically ambitious section within the Muslim community for their emotionalism. He emphatically denied that there existed anything like a "Muslim problem" in the country. "Whatever is true of the Muslims", he said "is true of all communities. A differentiationcan only be based on socio-economic conditions. We will have, therefore, to categorise the various classes in Muslim community and link them up with the similar classes in the rest of society. If we begin from this angle, progress will not be far off." the most vile, dehumanising exploitation which even bureaucrats have been forced to admit to be a "barbarian... feudal legacy" ("Bihar: Year of All-Round Progress", advertisement supplement, The Times of India, April 12, 1976). Below we give some case studies to illustrate what the system is like.

Sripalpur, Sama Mochi of village Hariharganj Block in Palamau district, is 70 years old. His father had cleared the forest and brought 16 acres of rentfree (be-lagaani) land under cultivation. A large family consisting of several cousins managed a precarious existence on the produce of that land. About 30 years ago, Sama went to Babu Kariman Singh, a prosperous Raiput landlord, to borrow Rs 150 for his eldest son's marriage. The babusaheb readily ageed to lend him money; the only condition was that Sama would work on the landlord's land till he paid off the debt. Since then, for full 30 years Sama toiled for Kariman Singh from "when the sun wvas four fingers above the eastern horizon to when it was four fingers above the western horizon". He was paid two Katchi seers (about 900 grams) of cheap pulse or millet per day. The land which he had was taken away by the landlord. The family's sole proud possession, an old bullock, was sold for Rs 180 to pay AGRICULTURAL LABOUR interest on the debt. Goats tended by Sama's sons and grandsons were taken away at will. In all the family paid Rs 1,600 in cash. But the debt remained intact. Sama not only had to do agriArvind Narayan Das cultural work, but being a mochi by IT is only a few months ago, well after for the best in the best of all possible caste, had also to play the dholak for the malik on occasions of marriage etc. the promulgation of the emergency and worlds. the announcement of the 20-point proThe semi-feudal unintelligentia of On one such occasion Sama was taken gramme, that officials in Bihar Bihar, living on the income of absen- for a marriage party where a jeep carrywere arguing that the system of tee landlordism, seeped in the "Shotgun ing the barat went over his leg crushing bonded labour "in the true scLuseof the Sinha syndrome' and acutely unaware it. He was left there to somehow get term" does not exist in the state. The of anything real, echoed approvingly back to his village in agonising pain. most that they were willing to admit these pronouncements of the bureau- But the very next day the landlord's in the wake of a detailed survey of cracy. A 'survey' carried out by a de- barahil (retainer) was at his hut calling Ranka and Bhandariablocks of Palamaui partment of the Patna University spoke Sama to come and work. As he was district carried out by the Tribal Re- glowingly of the enviable condition of unable to go, two of his sons were search Institute, Ranchi, was that some the 'attached labourers'. The wvell-being taken. Since that day they have been landowners employed sevakias who were of 'attached labourers' having thus been working to pay off the debt which today euphemistically termed "attached la- authoritatively attested to, the bureau- the landlord says is Rs 1,800! bourers". But, even there, it was con- crats and academicians went back to Jagdish Manjhi of Ramkanda village tended that "the conditions of these at- more pressing items like the inaugura- in Ranka Block is barely 20. Five, years tached labourers are far better than tion in Patna of a research institute ago he borrowed Rs 225 for his own those of the free agricuilturalw,vorkers", through a puja where one learned pro- and his sister's marriage from Nathuni assured as the former are of food, em- fessor officiated as the purohit and an- Sahu, a Bania-cum-landlord. He has polyment, remuneration, cultivable and other became the yaiman and scores of been working to pay off his debt ever homestead land, clothes, interest-free- officials and intellectuals dutifully since. If he was late by evenl a few loans and what have you (see Econochanted swaha! minutes in reporting for work he was mic and Political Weekly, October 11 In reality, however, the sevakia severely beaten. His arm still bears the 1975). It seemed from the report of the system which prevails in Palamau marks of a lashing. Since his master state labour departmnent that as far as and the similar systems prevalent in had multifarious interests, Jagdish was the sevakias were concerned a-ll was other parts of the state - perpetrates forced to do all kinds of wvork. O)nce

In Bonded Freedom

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ECONOMIC AND POLITICAL WEEKLY

May 15, 1976

when one of the malik's blullocks had petuation of this system of bondage. rural poor into the grip of the moneyrun away he was yoked to the bullock- An agriculture carried out with primitive lender. And once there, the debtor cart and made to pull the cart 3 miles equipment - there has been no change cannot free himself for generations. Much is made by smug urbanites and to the market where Nathuni Sahu in this from around the time of Kanishka and utterly dependent on the vaga- officials about the 'extravagant social bought and sold goods. Joseph Tappu of Jori village in Mahua- ries of nature, cannot do without an needs' of the rural poor which drives daar Block took a loan of Rs 45 from assured supply of labour at subsistence them, into debt. It is even suggested Tabla Mian for his wife's funeral. To wages during the crucial 30 days of that they should stop getting married repay his debt he not only worked for sowing and harvesting. The miserable and dying. What is not realised is that four years but also had to get his little quantity of surplus generated by such the marriage loan is not generally a loan an agriculture is in turn plough- for a band-baaia barat; it is for consumpmotherless children to work. Jhari Bhuiyan of Ramkanda worked ed back not into increasing pro- tion. The occasion may be a marriage or but into for six years to pay off a loan of Rs 15. duction holding on a death, but the cause is poverty and Ramlakhan Bhuiyan of the same vil- tightly to the bonded labourers starvation. In the situation in which lage borrowed Rs 10 to buy clothes and and the almost equally poor chhuitta the rural poor exist, a 'good' meal once has been working since he was the majoor. Every landlord worth his salt in 5 or 10 years is not a luxury; it is height "of a man's thigh". He is about has at least one or two barahils (armed a necessity. The pitifully small amounts retainers) to intimidate the labourers borrowed - ten, fifteen, twenty, a max20 today. When Megh Ram of Sembarburhni into passive acceptance of their depend- imum of two hundred rupees - bears village in Mahuadaar Block borrowed ence. The terror inherent in the system testimony to this. Much is also made of the labourers' two maunds of paddy for himself and is difficult to do away with. To the his widowed mother, he was told by his economic power of two katchi seers proneness to liquor. It is undeniable that creditor Hari Oraon that just as the which the landlord wields is added his they drink. But perhaps when in trying to get them out of that habit if it were landowner would have bought a bullock, enormous social and physical power. he had bought Megh Ram and that he The subjugation and exploitation of to be kept in mind that for most of the would have to work like the animal. The the labourers takes many forms. The year, fermented mahua is their only boy who is barely 14 years old, was worst is to be found in some places meagre source of protein, the effort paid no wages; he was only given some where even the pretence of keepinig would be better directed. Drunkenness food to keep him alive. His sole posses- people in bondage through usury is not in their case is rarely the cause of posion in the world is a muffler given by maintained. Sheer brute force suffices. verty, it is the symptom and perhaps a passing padre which he wears as a In one such village, Jogikhora near even the consequence. The ruthless exloin cloth. He has got so used to beat- Ranka the landlord legally has only 14 ploitation of the tribals by liquor conings, scoldings and curses that he is acres of land, but he also has 12 pairs tractors who force the adivasis to drink unable to refer to himself as anything of bullocks and 12 ploughs with which, is one more form of the hydra headed but 'Meghwa Ram'. according to the admission of his ovin system of bondage. Somra Bhuiyan of Banari in Menka barahil, he cultivates more than 100 The bonded labourer is right at the Block borrowed Rs 17 for consuinption acres of bhoodan land supposed to have fringes of the market economy, but even and has worked for six years. been donated to the harijans. His bond- there he is its worst sufferer. In order Nanak Manjhi of Chanandi in Latebar ed labourers are not even sevakias; they to meet his cash needs, he has to forego Block borrowed Rs 125 and has worked are called dharmaru (literally, catch and his bani (wage in kind) of two katchi for 12 years. seers which is converted into cash at beat up)l Jakan Nagesia of Chiropa in Mahuathe rate of 50 paise a day. If he or anThe other forms of bondage, only daar Block borrowed Rs 70 and has other majoor or even a poor peasant less inhuman, revolve around marginally worked for 10 years. saves up some grain and sells it Tapeswar Manjhi of Simri in Patan the axis of usury. The labourer, poor to the bania, the price paid is Block borrowed Rs 80 for medical treat- peasant and even the middle peasant 'in one rupee for six katchi seers; Palamau's rocky, dry interior, teeter prement and worked for 25 years. when the poor buy they have to pay a cariously between freedom and bondage. And so on ... rupee for two katchi seers. A coarse Thus goes the tale of the sevakias of The absolutely minimum subsistence dhoti which sells in Patna for Rs, 10 is Palamau, the 'attached' labourers. All wages in the case of the labourers and sold to him for Rs 18. This is another these men, 581 of them, have recently the low productivity of land in the case way in which the vicious sevakia system been located and freed at the initiative of the peasants makes them particularly is maintained. of the Deputy Commissionerof Palamau. prone to getting indebted in order to Begar (forced unpaid labour) is supWhen asked what their ambition was meet even the barest needs. For inwhen they were sevakias, to a man they stance, the two katchi seers wage posed to have disappeared with the replied, "to become a chhutta majoor", merely suffices to live from day to day, abolition of zamindari. It is, however, the same free labourer whose condition and even that is available only duririg very much present in the case of the was according to the state officials and the 120 days when agricultural opera- rural poor in Palamau. The goraits (chaacademicians worse than that of the tions are carried on. For the rest of maars who used to beat the drums) are the year, hunger, the need to buy still used by the new zamindars the sevakias! clothes, salt, oil, the demands of mar- BDOs, COs and other officers -to riages, funerals, the need to pay forest announce their regal arrivals, the collecII officers 10 paise for the headload of fire- tion of Government loans and other Freeing sevakias is not an easy pro- wood to which the poor are legally grand occasions. There is, of course, no cess. The very economy of most parts entitled, the appetite for bribes of the payment for such corvee. of rural Bihar, in particular of Palamau, pestering officials whose number is The these inexorably drive the suits theavarice of the landlords very interest of the bureaucracy is hoth the cause and effect of the per- legion -all
p7o)-r.

May 15, 1976 well. Legally the rural poor, especially adivasis, are entitled to- collect some forest produce, but the forest rangers would rather let the mahua flowers be collected by the landlords' men to feed bullocks than be picked up by the poor unless they pay the 'fees'. The sipahi's and daroga's demands are too well known to even require mention. The malady has gone so deep that recently even after some freed sevakias had received parchas of land from the Deputy Commissioner himself, the village official who is (ironically) called the gramsevak refused to show them the allotted land in Mahuadaar Block unless they paid him his fee. Apart from all these economic comxpulsions, the rural poor in Palamau, especially the sevakias, are also under the complete social and cultural dominance of the landlord-moneylenderbania combine whom they respectfully refer to as malik (miaster). In mi,any cases the malik claims right over his sevakia's wife because "you were able to get married to her with my money"! The social, cultural and economic odds being so heavily against the sevakiar, it is no easy task to free them. Even more difficult is it to ensure that they remain free.

ECONOMIC AND POLITICAL WEEILY of meamber his family, or any person dependent on him, labour or service to the creditor, or for the benefit of the creditor, for a specified period or for an unspecified period, either without wages or for nominal wages, or (2) forfeit the freedom of employment or other means of livelihood for a specified period or for an unspecified period, or (3) forfeit the right to move freely throughout the territory of India, or (4) forfeit the right to appropriate or sell at market value any of his property or product of his labour or the 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, en,tered, 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 b)ehalf of the debtor (The Bonded Labour (Abolition) Ordinance, 1975). The Ordinance also made it clear that "It shall be the duty of every District Magistrate and every officer specified by hiin... to inquire whether, after the commencement of this Ordinance, any bonded labour system or any other form of forced labour is being enforced by, or on behalf of, any person resident within the local limits of his iurisdiction and if, as a result of such an inquiry, any person is found to be enforcing the bonded labour system or any other system of forced labour, he shall forthwith take such action as may be necessary to eradicate the enforcement of such forced labour." Thus one of the hurdles standing in the way of the freeing of bonded labourers was partly removed. We say partly, because a very large number of officials and others concerned with the problem have taken the convenient way out: not reading the text of the Act. For instance, in a seminar of IAS officers concerned with the problem of rural labourers organised by the National Labour Institute, New Delhi, it was found that not more than 40 per cent of the officers had read or even looked at the Act! Thuis, it was sheer luck for the 581 sevakias of Palamau that the Deputy Commissioner of the district had not only read the Act but bad also taken it seriously. The Deputy Conmmissioner deputed a large number of officers in his district to trace out bonded labourers and proceeded to free them. 581 were thus released from bondage and, after assessing their assets through a survey, they were provided with some facilities for rehabilitation. Some were given land, some were given work on forest projects, some were given pigs donated by the Red Cross, some were given clothes. In order to get them out of the morass they had sunk into, the Deputy Commissioner with his limited resources, tried to provide such facilities as night classes, etc. He has also submitted a detailed rehabilitation scheme for sanction of funds to the Bihar government. On the other hand, in order to help them to organise themselves into unions and co-operatives so as to be able to resist the landlords-moneylendersin the future, the National Labour Institute organised a camp for 60 of the freed bonded labourers in a remote village Semra in Chainpur Block. The camp was attended by Baliram Bhagat, Speaker of the Lok Sabha who is also the Chairman of the International AntiSlavery Commnittee and Ramdulari Sinha, the Bihar labour minister. But more than anything else, the camp was remarkable for one thing - the bonded labourers who had been beaten, tortured, exploited, starved into silence for years, got a chance to talk with their Own kind for once. The camp did not do much for the bonded labourers except making them aware of the laws in their favour and the various developmental agencies supposedly working on their behalf. The importance of the camp lay in this that it focused on the need for organisation among the rural poor. It also became a rallying point for the oppressed and exploited all over Palamau district, an area which has been characterised by an absolute lack of any sort of organisational or agitational activity by political parties or by others. In such virgin territory, the poor have at last started stirring. But the problem has by no means been finally tackled. Firstly, there ares not 581 bonded labourers only in Palamau. There are many, many more sevakias who have to be traced out, freed and given means of starting a new life. The myth of 581 must be broken. Secondly, the efforts to do away with this primitive, barbaric system should not end with the tenure of one zealous Deputy Commissioner. The task has to be continued. Thirdly, the rural poor should be helped by sympathetic members of other groups who should provide an effective support system. Fourthly, and the the most important, the rural poor must organise themselves to preserve their freedom. They must snatch the right to speak, to organise, to resist oppression. The sevakias can do it for indeed they have nothing to lose but their bondage.

III
Difficult as the task of freeing bonded labour is, at least one obstacle has at last to some extent been crossed by the promulgation of the Bonded Labour System (Abolition) Ordinance which has later become an Act duly passed by parliament. The problem of definition of bonded labour has finally been sorted out and there is now no scope for ambiguities and euphemisms about 'attached' and 'bonded' labourers. According to the Ordinance, the "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 (i) in consideration of an advance obtained by him or by any of his lineal ascendants or descendants (whether or not such advance is evidence by any document) and in consideration of the interest, if any, due on such advance, or (ii) in pursuance of any cusstomary or social obligation, or (iii) in pursuance of an obligation devolving on him by succession, or (iv) for any econoinic consideration received bvyhim or by any of his lineal ascendants, or descendants, or (v) by reason of his birth in any particular caste or community, he would (i) render, by himself or through any