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BONDED LABOUR

Bandhua Mazdoori
(बंधुआ मज़दूरी)
INTRODUCTION – WHAT IS
BONDED LABOUR?
The ‘bonded labour system’ is a system of forced (or partly
forced) labour in which a debtor enters (or presumed to have
entered) into an agreement with the creditor, where there is no
hope of actually repaying the debt.
The services required to repay the debt -
may be undefined, and the services' duration may be
undefined.
have no wages (or nominal wages).
forfeits the right of one to move freely.
forfeits the right to appropriate or sell the product or property
at the market value from his (or his family members’) labour or
service.
This definition is provided in the Bonded Labour System
(Abolition) Act, 1976.
THE ISSUE
 Debt bondage in India or Bandhua Mazdoori (बं धुआ मज़दू री) was legally
abolished in 1976 but it remains prevalent, with weak enforcement of the law
by governments
 Bonded labour has been defined as well as addressed as a prohibited practice in
several international conventions as well as a many Indian legislations.
 It is very widespread in India, due to India’s socio-economic culture making it
a burning issue in our country.
 The bondage labour contract denies an individual the basic right to choose his
or her employer, or to negotiate the terms of the contact.
 Official figures include an estimate of 251,000 bonded labourers in 1993, while
the Bandhua Mukti Morcha says there are over 20 million bonded labourers.
Debt bondage or bondage labour has been defined by the United Nations as a
form of “modern day slavery”.
The Bonded Labour System (Abolition)
Act 1976
 As per Article 23 of the Indian Constitution, traffic in human beings and
other forms of forced labour are prohibited. Based on this constitutional
provision, the Government of India passed The Bonded Labour System
(Abolition) Act, 1976.
 Objective : To provide for the abolition of the bonded labour system
with a view to preventing the economic and physical exploitation of the
weaker section of the people and for matter connected therewith or
incidental thereto.
 Whom to approach in case of bondage : District Magistrate who is
chairman of the Vigilance Committee constitute under the Act and Sub
Divisional Magistrate of the are of area or any other person who is a
member of the Vigilance Committee of District or Sub-Division.
CONTINUED
 Relief available for the victim : Release from bondage, liability to repay bonded
debt extinguished, freed bonded labour shall not be evicted from his homesteads
or any other residential premises which he was occupying as part of consideration
for the bonded labour, rehabilitation assistance and rehabilitation grant of Rs.
20,000/- to each bonded labour.
 Penalties : The offense under the Act is cognizable and bailable. The accused is
punishable with imprisonment for a term which may extend to three years and
also with a fine which may extend to Rs. 2,000/-.
CONSTITUTIONAL SAFEGUARDS

 Article 21 of the Indian Constitution – This is the most


important and foremost safeguard against any exploitation of
human lives and their liberty. It is part of the Basic Structure of
the Constitution and cannot be amended. It secures the right to
life and right to live with human dignity to every person in India.
So, any practice of bonded labour would be in contravention of
this Constitutional provision since bonded labour deprives a
person of numerous liberties.
 Article 23 of the Indian Constitution – As discussed above, the
Constitution of India expressly provides for the abolition of
forced labour and prohibits this form of forced labour in the
territory of India. This not only prohibits bonded labour but also
covers the practice of Begar and other forms of human
trafficking in India.
CONTINUED
 Article 39 of the Constitution – This is covered in Part IV of the Indian
Constitution which deals with the Directive Principles of State Policy is
albeit not enforceable but are considered irrefutable for the purpose of
governance. This constitutional provision directs the State to secure the
right to an adequate livelihood. It also directs the state to formulate its
policies with an object that no citizen is forced out of economic necessity
to enter into avocations which are not suited to them.
 Article 42 of the Constitution – This is also a Directive Principle of State
Policy which states “The State shall make provision for securing just and
humane conditions of work…” This means that the state must ensure that
every person has a working condition which are just and humane for them.
However, since it is part of Part IV, it cannot be enforced.
 Article 43 of the Constitution – This directive directs the State to secure
i.a. – conditions for work ensuring a decent standard of life.
LANDMARK CASE ON BONDED
LABOUR
Bandhua Mukti Morcha VS. Union of INDIA

 The Supreme Court of India, in this public interest litigation case, directed the State of Uttar
Pradesh to eliminate the carpet industry’s use of child labor, issue welfare directives prohibiting
child labor under the age of 14 and provide children access to education and health facilities in
an effort to abolish child labor.

 This (PIL) was filed via Article 32 of the Indian Constitution directly and petitioned the Court
to direct the State of Uttar Pradesh (UP) to take steps to end child labor.

 Thereafter a Court-appointed committee reported the enormity of child exploitation in UP’s


carpet industry, finding that many children were kidnapped from Bihar, that the industry largely
employed minor children under 14 years, and that many experienced physical abuse.
CONTINUED

 In its judgment, the Court discussed the importance of protecting children’s rights to
education, health, and development in ensuring India’s progress as a democracy. While
recognizing that child labor could not be abolished immediately due to economic
necessity, the Court found that pragmatic steps could be taken to protect and promote the
rights of children in the poverty-stricken and vulnerable populations of Indian society.

 In support of its conclusion, the Court referred to various fundamental rights and directive
principles of the Indian Constitution

 The orders included, directing the States to take steps to frame policies to progressively
eliminate the employment of children below the age of 14; provide compulsory education
to all children employed in factories, mining, and other industries; ensure that the children
receive nutrient-rich foods; and administer periodic health check-ups.

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