Article

“Abolition of Bonded labour from the face of the earth was a necessity and the

global community along with International organisations have played a major role

in it “

By
Dinesh Kumar P
Abolition of Bonded labour National and International Perspective

KERALA LAW ACADEMY LAW

COLLEGE TRIVANDRUM

PROFESSIONAL ETHICS ACCOUNTANCY

FOR LAWYERS AND BAR- BENCH
RELATIOAN

ARTICLE

ABOLITION OF BONDED
LABOUR NATIONAL AND
INTERNATIONAL PERSPECTIVE

PREPARED BY
DINESH KUMAR P
CLASS NO 26
IV SEM EVENING
THREE YEAR UNITARY LLB

i
Abolition of Bonded labour National and International Perspective

ABOLITION OF BONDED LABOUR NATIONAL AND INTERNATIONAL

PERSPECTIVE

CONTENTS

S No Content Page No

1. Introduction 1
2. Scope 1
3. Contents 1
4. Bonded Labour and International Perspective 2
5. COVID 19 and Forced Labour 3
6. Bonded Labour and ILO 3
7. Abolition of bonded labour Indian Perspective 4
8. Indian Constitution and Bonded Labour 6
9. Judiciary on abolition of bonded labour 9
10. International law on bonded labour applicable in India 10
11. Statutory safeguards on promoting abolition of Bonded Labour 10
12 Prosecutions and Convictions 12
13 Role of NHRC 13
14 Centrally sponsored scheme for Rehabilitation of Bonded labour 13
15 Conclusion 15

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Abolition of Bonded labour National and International Perspective

ABOLITION OF BONDED LABOUR NATIONAL AND INTERNATIONAL

PERSPECTIVE

TABLE OF CASE LAWS

S No Case Law Page No

1. M Kandasamy Mudaliar and Ors v. The state of Madras High Court,

MANU/TN/1734/2017 1
2 Neeraja Chaudhary v. State of MP, AIR 1984 SC 1099 6
3 Standard Vacuum Refining Company v. Its workers, AIR 1958 SC 895 7
4. Express Newspaper v. Union of India, AIR 1958 SC 578 7
5. Peoples Union for Democratic Rights V. Union of India,
AIR 1982 SC 1943 8
6. Bandhua Mukti Morcha v. Union of India, AIR 1983 SC 328 8
7. Public Union for Civil Liberties v. State of Tamil Nadu
(2004) 12 SCC 381 9
8 Public Union for Civil Liberties v. State of Tamil Nadu & Others
Writ Petition (No.3922/1985 10
9. Santhal Pargana Antyodya Ashram v. State of Bihar and Ors,
1987(1) SC ALE 679 14
10. M Vankatachalam v. District collector and Ors, MANU/TN/0324/2010 14
11. Balaram and Ors v. State of UP and Ors, 2012 (91) ALR 59 14
12. Bandhua Mukti Morcha v. Union of India and Ors, AIR 1984 SC 802 15

iii
Abolition of Bonded labour National and International Perspective

ABOLITION OF BONDED LABOUR NATIONAL AND INTERNATIONAL

PERSPECTIVE

Introduction

1. The system of bonded labour as defined in section 2(g) of the Bonded Labour System
(abolition) Act 1976 states that it is usually as a result of advances given by way of bonded
debt by means of which a debtor is compelled to provide forced labour to the creditor for
unspecified period for no wages1. This system has been prevalent in various parts of the
country since long prior to the attainment of political freedom and it constitutes an ugly and
shameful feature of our national life. This system based on exploitation by a few socially and
economically powerful persons exploiting on the misery and suffering of large numbers of
men and holding them in bondage is a social menace. A system under which one person can
be bonded to provide labour to another for years and years until an alleged debt is supposed
to be wiped out which never seems to happen during the life time of the bonded labourer, is
totally a violation of human dignity and also constitutes gross and revolting neglect of
constitutional values. Abolition of Bonded labour from the face of the earth was a necessity
and the global community along with International organisations have played a major role in
it2.

1.2. Scope. This article envisages a study of the measures instituted by the government of
India to abolish the system of bonded labour prevalent in India with an international
perspective

1.3. Contents. The article will cover the intended scope under the following
headings:-

1.3.1 Bonded Labour an International Perspective

1.3.2 Bonded Labour Indian Perspective
1.3.3 The Indian Constitution and Abolition of Bonded Labour
1.3.4 Judicial Interpretation of Constitutional Provisions

1
M Kandasamy Mudaliar and Ors v. The state of Madras High Court, MANU/TN/1734/2017 , Para 21
2
See also Ravi S. Srivastava, Bonded Labour in India: Its Incidence and Pattern

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Abolition of Bonded labour National and International Perspective

1.3.5. Indian and International treaties

1.3.6. Statutory Provisions for Abolition of Bonded labour
1.3.7. Prosecution and Convictions
1.3.8. Role of NHRC
1.3.9. Centrally sponsored scheme for rehabilitation of bonded labour

Bonded Labour an International Perspective

2. Bonded labour, also known as debt bondage or debt slavery is a person's pledge of
labour or services as security for the repayment for a debt or other obligation. The services
required to repay the debt may be undefined, and the services' duration may be undefined.
Debt bondage can be passed on from generation to generation. Debt bondage has been
described by the United Nations as a form of "modern day slavery" and the Supplementary
Convention on the Abolition of Slavery seeks to abolish the practice. Bonded labour affects
millions of women, men and children in the industrialized as well as developing countries. It
is estimated that at any one time there are 24.9 million people performing forced labour 3,
including 4.3 million (17 per cent) children. It occurs in every region of the world. No
country is immune to this menace. The prevalence of forced labour is highest in the Asia-
Pacific region, where 4 out of every 1,000 people are victims, followed by the Europe and
Central Asia region (3.6 in every 1,000), and by Africa (2.8 in every 1,000). One-third of
forced labour victims live in industrialized countries4.

2.1. Forced labour exists in a wide range of industries and sectors. Women and girls are
predominantly affected by forced labour in domestic work, sexual exploitation, and in the
hospitality and garment manufacturing sectors. Men and boys subject to forced labour are
found predominantly on farms and fishing boats, mines and quarries, clandestine factories
and workshops, and construction sites. They may be found in factories operated by sub-
contractors, and in informal, unregulated activities like small-scale mining and backyard
businesses. Most commonly, forced labour impacts people, households and communities
who are poor and in debt or with few assets, savings or income generating possibilities and
are uneducated or unskilled. Nearly a quarter of victims of forced labour are exploited outside

3
ILO and Walk Free Foundation, Global Estimates of Modern Slavery: Forced Labour and Forced Slavery,
(Geneva, 2017).
4
ILO and Walk Free Foundation

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Abolition of Bonded labour National and International Perspective

their country of residence, confirming that movement is an important vulnerability factor for
international migrant workers.5

2.2. Many of these international migrants have been trafficked for the purpose of forced
labour exploitation, some falling under the control of traffickers during their journey. Though
most countries in South Asia and Sub-Saharan Africa are parties to the Convention, the
practice is still prevalent primarily in these regions. It is predicted that 84 to 88% of the
bonded labourers in the world are in South Asia. Lack of prosecution or insufficient
punishment to this crime is the leading causes as to why this practice exists at this scale
today. It is specifically dealt with by Article 1(a) of the United Nations 1956 Supplementary
Convention on the Abolition of Slavery. It persists in developing nations, which have few
mechanisms for credit security or bankruptcy, and where fewer people hold formal title to
land or possessions.

2.3. COVID-19 and Forced Labour. The COVID-19 pandemic could boost the
numbers of people trapped in forced labour. Experience shows that it is often the human and
labour rights of workers that are the first casualty of a crisis. The Alliance 8.7 6 has called for
an urgent and coordinated multi-stakeholder response to minimize the impact of the
pandemic on the most vulnerable in society, stating that: “Many workers, particularly those in
the informal economy, have absorbed a dramatic reduction in their income. They may have
no choice but to take on debt, raising the risk of being trapped in forced labour. Although
everyone is affected by the pandemic, it is the most vulnerable people, those at the margins of
society that are at particular risk. The pandemic shows the need to strengthen national
responses and to sharpen multilateral efforts of the international community on universal
access to social protection, public health and education, and the protection of human rights
and labour rights, including freedom of association, the rights of safety and health at work
and gender equality as well as safe and legal pathways for mobility”.

2.4. Bonded Labour and ILO7. The ILO in its fight to eradicate the bonded labour
system has created a legal framework against forced labour, including trafficking.

5
ILO and Walk Free Foundation
6
www.alliance87.org.
7
The only tripartite U.N. agency, since 1919 the ILO brings together governments, employers and workers of
187 member States , to set labour standards, develop policies and devise programmes promoting decent work
for all women and men.

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Abolition of Bonded labour National and International Perspective

Representatives of governments, employers’ and workers’ organizations, at the International

Labour Conference, have adopted two Conventions and one Protocol on forced labour, which
are legally binding instruments subject to the ILO’s supervisory mechanism when ratified by
ILO Member States.

2.4.1. ILO Forced Labour Convention, 1930 (No. 29)8. States are required to take
measures to suppress all forms of forced or compulsory labour under this treaty. It provides
the definition of forced labour as “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”,
which is still relevant today. States, under this protocol will formulate a national Plan of
Action, to take effective measures for prevention and protection of victims and ensure their
access to justice, including remedies, in giving effect to the Convention’s obligations to
suppress all forms of forced labour.

2.4.2. ILO Abolition of Forced Labour Convention, 1957 (No. 105)9. It primarily
concerns ending compulsory labour imposed by state authorities for economic development,
political education, as punishment for participating in strikes, or as a means of labour
discipline or discrimination. Measures taken shall include specific action against trafficking
in persons for the purposes of forced or compulsory labour.

2.4.3. ILO Worst Forms of Child Labour Convention, 1999 (No. 182)10. It requires
States to take immediate and effective measures to secure the prohibition and elimination of
the worst forms of child labour as a matter of urgency. The “worst forms of child labour
includes all forms of slavery or practices similar to slavery, such as the sale and trafficking
of children, debt bondage and serfdom and forced or compulsory labour, including forced or
compulsory recruitment of children for use in armed conflict .

Abolition of Bonded labour Indian Perspective

3. Forced labour and human trafficking for labour exploitation are pervasive issues in
India. Forced labour and debt bondage are common practice across the primary, secondary

8
Adopted on 28 June 1930 cited as the Forced Labour Convention, 1930
9
Adopted on 24 June 1957 , cited as the Abolition of Forced Labour Convention, 1957
10
Adopted by the UN on 17 June 1999, cited as the Worst Forms of Child Labour Convention, 1999.

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Abolition of Bonded labour National and International Perspective

and tertiary economic sectors in India, with widely reported cases in a significant number of
industries including brick-kilns, carpet-weaving, embroidery, textile and garment
manufacturing, mining, manual scavenging, and agriculture. According to the 2016 Global
Slavery Index, India has the 4th most slaves with 19 million enslaved in some form,
including debt bondage11. Some Bangladeshi and Nepali migrants are also subjected to
forced labour in India through fraud recruitment and debt bondage. Indian workers also
migrate for work abroad, primarily to the Gulf, Europe and North America. These workers
often pay exorbitant recruitment fees, and are particularly vulnerable to a wide range of
exploitative labour practices, including contract substitution, withholding of documents, non-
payment or withholding of wages, and exhausting working hours; and are often subjected
to varying degrees of deception and coercion. In some cases this exploitation amounts to
human trafficking for labour exploitation, forced labour or slavery12.

3.1. Bonded labour is widely prevalent in many regions in India and is embedded
intricately in India's socio-economic culture which is a product of class relations, a colonial
history and persistent poverty. The practice of debt bondage persists predominantly in the
informal and unregulated sectors, which are estimated to employ around 94% of the
workforce in India. The absence or lack of implementation of labour standards in these
sectors creates severe power imbalances in employer-worker relationships and aggravates
workers’ vulnerability to exploitation. It is a specific form of forced labour in which
compulsion into servitude is derived from debt. Furthermore, due to the chronic
underpayment of minimum wages in low-skilled and semi-skilled work, large portions of the
labour force have to resort to debt bondage in order to meet basic consumption needs, comply
with social rituals, or deal with medical emergencies.

3.2. According to the Ministry of Labour and Employment of the Government of India,
there are over 300,000 bonded labourers in India, with a majority of them in the states of
Tamil Nadu, Karnataka, and Odisha13.Workers in the brick kiln and sugarcane industries also
often enter debt bondage14. Additionally, industries such as the quarrying, mining, and
manual cleaning businesses also hire cheap workers through debt bondage15

11
Acharya, Arun Kumar; Naranjo, Diego Lopez (2019), "Practices of Bonded Labour in India: Forms of
Exploitation and Human Rights Violations",
12
www.https//accountabilityhub.org accessed at 2330 h on 13 Jun 2021
13
Supra Note 6 at
14
id
15
id

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Abolition of Bonded labour National and International Perspective

4. The Indian Constitution and Abolition of Bonded Labour. The Constitution of

India guarantees all its citizens-justice, social, economic and political, freedom or thought,
expression, belief, faith and worship. It also guarantees equity of status and opportunity and
fraternity, dignity of individual and unity of the Nation. The basic structure of the
Constitution 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 liberties16.

4.1. Article 21 of the Indian Constitution. No person shall be deprived of his life and
personal liberty. This is the most important and foremost safeguard against any exploitation
of human life and liberty17. Amplification of the relevance of this Art of the Indian
Constitution was the ruling by the Supreme Court in the case of Neeraja Chaudhary v. State
of MP18 where in it was ruled that that the released bonded labourers must be rehabilitated to
prevent them falling prey to poverty, despair and thus into serfdom.

4.2. Article 23 of the Indian Constitution. This Art prohibits bonded labour and also
prohibits the practice of Begar and other forms of human trafficking in India19. Contravention
of this provision shall be an offence punishable in accordance with law. Based on this
constitutional provision, the Government of India passed “The Bonded Labour System
(Abolition) Act, 1976”20, providing for the abolition of bonded labour system with a view to
preventing the economical and physical exploitation of the weaker sections of the society.

4.3. Article 32. The constitution of India has given the right to any person who is
wrongfully and illegally detained and is deprived of his liberty to approach Supreme
Court under Article 3221 for his freedom from wrongful and illegal detention. The cause
for such bonded labourers can be taken up by any person though no fundamental right of the
petitioner may be infringed as the bonded labourers working in the faraway places are
generally poor and belong to the very weak section of the people. They are also not very
literate and they may not be conscious of their own rights. Further, as they are kept in

16
.Dr JN Pandey, Constitutional Law of India, Central Law Agency Sixth Edition
17
Indian Constitution, 1950, Art 21
18
Neeraja Chaudhary v. State of MP, AIR 1984 SC 1099
19 Indian Constitution, 1950, Article 23
20 The Bonded Labour System (Abolition) Act, 1976
21 Indian Constitution, 1950, Article 32

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Abolition of Bonded labour National and International Perspective

bondage their freedom is also restricted and they may not be in a position to approach the
Court.

4.4. Article 39. This is Art is covered in Part IV of the Indian Constitution which deals
with the Directive Principles of State Policy and although it is not enforceable but is
considered as the driving principle 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 the objective that no citizen is forced out of economic
necessity to enter into vocations which are not suited to them22

4.5. Article 42. This is also a Directive Principle of State Policy which states that the
State shall make provision for securing just and humane conditions of work 23. This means
that the state must ensure that every person has a working condition, which is just and
humane for them. However, since it is part of Part IV, it cannot be enforced.

4.6. Article 43. The State shall endeavour to secure for all workers, such conditions of
work that will ensure decent standard of life and full enjoyment of leisure and social and
cultural opportunities, Living wage, etc. for workers24. The concept of living wage has been
discussed by the Supreme Court in Standard Vacuum Refining Company v. Its workers25 and
also in Express Newspaper v. Union of India26 and it is that every workman shall have wages
which will maintain him in the highest industrial efficiency which will enable him to provide
his family with all the materials which are needed for their health and physical wellbeing and
enough to enable him to qualify to discharge his duties as a citizen.

5. Judiciary on Abolition of Bonded Labour. The Honourable Supreme Court of India

has from time to time interpreted various constitutional provisions to safeguard the weaker
strata of the society against the menace of bonded labour and it’s Abolition. The court
observed that it is the requirement of Articles 21 and 23 of the Constitution that bonded
labourers must be identified and released and suitably rehabilitated and failure of action on
the part of the State Government in implementing the provisions of the Bonded Labour
System (Abolition) Act would be violation of provisions of the Constitution. The landmark

22 Indian Constitution, 1950, Art 39

23 Indian Constitution, 1950, Art 42
24 Indian Constitution, 1950, Article 43
25 Standard Vacuum Refining Company v. Its workers, AIR 1958 SC 895
26 Express Newspaper v. Union of India, AIR 1958 SC 578

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Abolition of Bonded labour National and International Perspective

judgments of honourable Supreme Court cementing the cause of Abolition of Bonded labour
in the country are enumerated in succeeding paras.

5.1. Peoples Union for Democratic Rights V. Union of India27. This case known as the
Asiad case looked at the pathetic and inhuman condition of the labourers and the workman
who had worked in Asiad projects. The court held that, "The Union of India, the Delhi
Administration and the Delhi Development Authority cannot escape their obligation to the
workmen to ensure observance of the provisions of various labour law by its contractors and
for non-compliance with the laws by the contractors, the workmen would clearly have a
cause of actions against them as principal employers.. The court gave the expression a wide
interpretation to meet the objectives of Article 23 and held that a person who has been forced
to work as a bonded labour and person who is working as a labour at a rate lesser than the
minimum wage shall be dealt equally and it will amount to “other similar form of forced
bonded labour"

5.2. Bandhua Mukti Morcha v. Union of India.28 This case relates to a Public Interest
Litigation filed before the Supreme Court under Article 32 of The Constitution of India to
issue appropriate directions for prohibition of Bonded Labour. The petitioner conducted a
survey in stone quarries situated in Faridabad district. It was found by the petitioner that they
were living in substandard conditions. There were a lot of middlemen who extracted money
from the workmen as commission. The court directed the Central Government and the State
of Haryana to install washrooms, suitable drinking facilities, provide medical kits so as to
raise the living standards of the workmen. The court directed the Central Government to
conduct inspection every fortnight and in case, any workman is found in distressed condition,
he should be provided medical and legal assistance.

5.3. Neeraja Chaudhary v. State of Madhya Pradesh.29 The case pertains to the
rehabilitation of rescued labourers which is necessary so as to ensure Right to Life guaranteed
to them under The Constitution of India, 1950. The Honourable court held that as per the
requirements of Article 21 and 23, the bonded labourers need to be identified, rescued and
also rehabilitated. The court highlighted the importance of rehabilitation observing that in
absence of any concrete measures for rehabilitation of rescued labourers, they would be

27
Peoples Union for Democratic Rights V. Union of India, AIR 1982 SC 1943
28
Bandhua Mukti Morcha v. Union of India, AIR 1983 SC 328
29
Supra Note 3 at 2

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Abolition of Bonded labour National and International Perspective

driven into the state of poverty and substandard conditions again and it might lead them to
return to the system of bonded labour.

5.4. Public Union for Civil Liberties v. State of Tamil Nadu.30 This is a case filed in the
year of 1985 highlighting the plight of migrant labourers from Tamil Nadu in the State of
Madhya Pradesh. The court passed an order directing the National Human Rights
Commission to monitor the fulfilment of objectives of the act. The court called for suggestion
by the Government as well. While analysing the situation at hand, the court concluded that
without chalking out the exit plan on how to rehabilitate the bonded labourers, their release
would render them languishing in the streets without any source of livelihood. The court
directed the States and Union Territories to submit their status report in the form prescribed
by the National Human Rights Commission31 in every six months.

5.5. Sageer & Others v. State of U.P. & Others32. The SC held that, it is only
through social action groups working amongst the poor that we shall be able to discover the
existence of bonded labour and there by identify and release them. The services of a large
number of social volunteer groups in the country should be utilised for identification, release
and rehabilitation of bonded labourers. The State Government should include the
representatives of such social action groups in the vigilance committees to give them full
support and cooperation in undertaking such tasks..

International Law on Bonded Labour Applicable in India

6. India is a party to numerous international human rights conventions and is legally

bound by them to contribute towards the eradication of bonded labour.

6.1 Convention on the Suppression of Slave Trade and Slavery 192633. 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 labour from
developing into conditions analogous to slavery. Convention on the Suppression of Slave
Trade and Slavery was signed at Geneva, September 25, 1926. India is signed this treaty in

30
Public Union for Civil Liberties v. State of Tamil Nadu (2004) 12 SCC 381
31
The National Human Rights Commission (NHRC) of India was established on 12 October, 1993.
32
2012 (91) AIR 59
33
1926 Slavery Convention, League of Nations

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Abolition of Bonded labour National and International Perspective

1954. As of 201334, there are 99 countries that have signed, acceded to, ratified, succeeded to,
or otherwise committed to participation in the conventions as amended, and its subsequent
protocol.

6.2. International Covenant on Civil and Political Rights (I.C.C.P.R.) 196635. Art
8 of the I.C.C.P.R. prohibits slavery and the slave trade in all their forms, servitude, and
forced or compulsory labour.

6.3. International Covenant on Economic Social and Cultural Rights (ICESCR) 196636.
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.

6.4. Convention on the Rights of the Child 1989. Article 32 states that parties to the
convention will 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.
The States shall take all appropriate measures to prevent the abduction, the sale of or traffic
in children for any purpose or in any form.

Statutory Safeguards promoting Abolition of Bonded Labour

7. The Bonded Labour System (Abolition) Act 197637. The Act emanates from Article
23 of the Constitution and deals with working people and is implemented by the Labour
department of the government This Act provides various safeguards against bonded labour.
As per this act bonded labour means any labour or service rendered under the bonded labour
system. A bonded labourer means a labourer who incurs, or has, or is presumed to have
incurred a bonded debt 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. The Act confers the District
Magistrate as the implementing authority of the Act. The key strategies for eradicating the

34
https/en.wikipedia.org. Visited at 0830 h on 11 Jun 2021
35
Adopted and opened for signature, ratification and accession by General Assembly resolution 2200A (XXI) of
16 December 1966 entry into force 23 March 1976, in accordance with Article 49
36
Adopted and opened for signature, ratification and accession by General Assembly resolution 2200A (XXI) of
16 December 1966 entry into force 3 January 1976, in accordance with article 27
37
The Bonded Labour System(Abolition) Act 1976

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Abolition of Bonded labour National and International Perspective

bonded labour are identifying, rescuing and rehabilitating the bonded labourers and initiating
prosecution. The Act has framed sufficient provisions for eradicating the evil of bonded
labour and rehabilitating the freed labourers38.

7.1. On commencement of the Act the bonded labour system shall stand abolished and
every bonded labourer shall stand freed and discharged 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. The aggrieved person or any
person on his behalf can approach the District Magistrate who is chairman of the Vigilance
Committee constituted under the Act and has been entrusted with certain duties and
responsibilities for implementing the provisions of the Act. Matter can also be brought to the
notice of the Sub Divisional Magistrate of the area or any other person who is a member of
the Vigilance Committee of District or Sub-division. The offence under the Act is cognizable
and bailable. Any person who contravenes provisions of the act is liable for punishment with
imprisonment for a term which may extend to three years and also with a fine 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.

8. Indian Penal Code39. 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. Forced labour under this section implies unlawful compulsion to labour
against the will of the person. The Supreme Court in Bandhua Mukti Morcha v. Union of
India40 has held that bonded labour is also a forced labour

9. The child and Adolescent Labour (Prohibition and Regulation) Act, 1986 41. This
is an Act to prohibit the engagement of children in all occupations and to prohibit the
engagement of adolescents in hazardous occupations and processes and the matters connected
therewith or incidental thereto. As per section 3 of the Act, no child shall be employed or
permitted to work in any occupation or process. Whoever employs any child or permits any
child to work in contravention of the provisions of section 3 shall be punishable with

38
C Emallias, Commentary on The Bonded Labour System (Abolition ) Act, 1976, Edition 2019
39
The Indian Penal code, 1860
40
Supra Note 4 at 3
41
The child and Adolescent Labour (Prohibition and Regulation) Act, 1986

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Abolition of Bonded labour National and International Perspective

imprisonment for a term which shall not be less than six months but which may extend to two
years, or with fine which shall not be less than twenty thousand rupees but which may extend
to fifty thousand rupees, or with both.

Prosecutions and Convictions

10. Provisions for Punishment. As per section 16 of The Bonded Labour System
(Abolition) Act 197642, whoever after the commencement of this Act, compels any person to
render any bonded labour shall be punishable with imprisonment for a term which may
extend to three years and also with fine which may extend to two thousand rupees. The
punishment for advancement of bonded debt after the commencement of this Act shall be
punishable with imprisonment for a term which may extend to three years and also with fine
which may extend to two thousand rupees as per section 17 of the Act. The other provisions
in the Act are as described below.

10.1. Section 1843. Punishment for extracting bonded labour under the bonded labour
system. Whoever enforces after the commencement of this Act, any custom, tradition,
contract, agreement or other instrument, by virtue of which any person or any member of the
family of such person or any dependent of such person is required to render any service under
the bonded labour system, shall be punishable with imprisonment for a term which may
extend to three years and also with fine which may extend to two thousand rupees. The fine if
recovered, payment shall be made to the bonded labourer at the rate of rupees five for each
day for which the bonded labour was extracted from him

10.2. Section 1944. Punishment for omission or failure to restore possession of property to
bonded labourers. Whoever, being required by this Act to restore any property to the
possession of any bonded labourer, omits or fails to do so, within a period of thirty days from
the commencement of this Act, shall be punishable with imprisonment for a term which may
extend to one year, or with fine which may extend to one thousand rupees, or with both. Out
of the fine, if recovered, payment shall be made to the bonded labourer at the rate of rupees
five for each day during which possession of the property was not restored to him.

42
Supra Note 16
43
Bonded Labour (abolition) Act, 1976,§18
44
Bonded Labour (Abolition Act, 1976,§19

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Abolition of Bonded labour National and International Perspective

Role of NHRC

11. Role of National Human Rights Commission45. This Supreme Court in its order
dated 5.5.2004 passed in Public Union for Civil Liberties v. State of Tamil Nadu46 and Others
issued directions to the NHRC to monitor the implementation of the provisions of the 1976
Act. The Court stated that the NHRC should follow the manner indicated in the order passed
by the Supreme Court on 11-11-1997 in Writ PetitionNo.1900 of 1981 requesting the NHRC
to be involved in the supervision of the working of the Agra Women's Protective 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 has taken up the responsibility assigned to
it from the angle of the Constitutional guarantee47 incorporated in the Bonded Labour System
(Abolition) Act, 1976.· The NHRC took up the monitoring of implementation of the Bonded
Labour System (Abolition) Act, 1976 in early 1998. NHRC has setup a cell to monitor issues
of bonded and child labour, and the action taken by public authorities on its
recommendations. The Commission has been undertaking state wise reviews and conducting
workshops to sensitize all stakeholders on the issues of bonded labour. It is the nodal agency
for implementing the governmental policies for eradicating the menace of bonded labour and
slavery from the country48.

Centrally Sponsored Scheme for Rehabilitation of Bonded Labour

12. Vigilance Committees. States are responsible for enforcing the Bonded Labour
System (Abolition) Act, 1976, and do so through district collectors, who are directed to form
bonded labour vigilance committees49. The central government is responsible for ensuring
that states enforce the Act and that the vigilance committees are formed. Every state
government shall by notification in the official gazette constitute such number of vigilance
committee in each district and each sub –division as it may think fit. The central government

45
The National Human Rights Commission (NHRC) of India was established on 12 October, 1993 under
Protection of Human Rights Act (PHRA), 1993
46
Public Union for Civil Liberties v. State of Tamil Nadu & Others Writ Petition(No.3922/1985)
47
Constitution of India ,Article 23(1)
48
www.nhrc.nic.in accessed on 05 -06-21 at 1345h
49
Bonded Labour (Abolition) Act, 1976,§13

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Abolition of Bonded labour National and International Perspective

funds the state surveys of bonded labour, evaluations of the bonded labour law's
implementation, and public awareness campaigns. It also provides half of the funds for
rehabilitation assistance, which is currently set at a total of Rs. 20,000 per bonded labourer.
District magistrates are required to identify cases of bonded labour in their districts, freeing
the labourers, initiating prosecutions, making sure available credit sources are in place so that
freed labourers will not be forced into bondage again. The District collector will constitute
and participate in the vigilance committees. In the case of Santhal Pargana Antyodya Ashram
v. State of Bihar and Ors50 the Supreme Court directed the immediate release of the 2515
bonded labourers in the vigilance committee report. The vigilance committees are charged
with advising the district magistrate to ensure that the bonded labour law is properly
implemented, providing for the economic and social rehabilitation of freed bonded labourers.
The DM will also coordinate the functions of rural banks and cooperative societies to help
ensure freed bonded labourers have access to credit and will monitor the number of offenses
of which cognizance ought to be taken under the Act. In the case of M Vankatachalam v.
District collector and Ors51 the court held that rehabilitation of freed bonded labours was
within the jurisdiction of vigilance committees.

13. Rehabilitation of Bonded labourers. Effective rehabilitation programme is a

must for the abolition of bonded labour. The central govt has formulated a rehabilitation
package and programme for the bonded labourers. A component of the rehabilitation
intended for freed bonded labourers is the payment of rehabilitation amount to them 52. Every
bonded labour including child bonded labour in the country is covered under the Scheme.
The fund is released by the Ministry of Labour and Employment under the Scheme to the
Districts. The District Administration will assess the cash requirement of the beneficiary and
exercise its best judgement in the matter and put the money under annuity scheme with the
consent of the said adult male. For special category beneficiaries such as children including
orphans or those rescued from organised and forced begging rings or other forms of forced
child labour and women, the amount of rehabilitation assistance shall be Rs. Two lakhs out of
which at least Rs 1, 25,000/- shall be deposited in an annuity scheme in the name of each
beneficiary and the balance amount shall be transferred to the beneficiary account through
ECS. A Bonded Labour Rehabilitation Fund shall be created at the District level by each
State with a permanent corpus of at least Rs.10 lakhs at the disposal of the District

50
Santhal Pargana Antyodya Ashram v. State of Bihar and Ors,1987(1) SC ALE 679
51
M Vankatachalam v. District collector and Ors, MANU/TN/0324/2010
52
Balaram and Ors v. State of UP and Ors, 2012 (91) ALR 59

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Abolition of Bonded labour National and International Perspective

Magistrate, which should be renewable. This fund will be utilized for extending immediate
help to the released bonded labourers. The entire penalties recovered from the perpetrators of
the bonded labour upon conviction, may be deposited in this special fund. Immediate
assistance of at least Rs 20,000/- shall be provided by the District Administration to the
rescued person out of the District Bonded Labour Rehabilitation Fund at the disposal of the
District Magistrate

Conclusion

14. Bonded labour system had been one of the vile systems which had been degenerating
human beings for years. In the case of Bandhua Mukti Morcha v. Union of India and Ors 53,
the court held that a bonded labour truly became a slave and the freedom of a bonded
labourer in the matter of his employment and movement is more or less completely taken
away and forced labour is thrust upon him. Appreciating the, unjust, immoral and pernicious,
nature of this system, our country which values human dignity and guarantees personal
freedom had passed appropriate legislation to do away with this system. The Bonded Labour
System (Abolition) Act, 1976, abolishing bonded labour system and making various other
provisions including provisions for the rehabilitation of bonded labourers was enacted.
According to a Global Slavery Index, India has been a poor performer as far as enforcement
of anti-slavery laws. Strict measures need to be take up to ensure that the district committees
constituted under Section 13 of the Act54, do not lie dormant and special care needs to be
taken so as to ensure that the members who are a part of those committees are vigilant
towards the growing menace of Bonded Labour. The provisions of the Bonded Labour
System (Abolition) Act, 1976 must be implemented effectively and properly in terms of the
provisions of the Act, if the desired objective which the Act seeks to achieve, is to be
attained. The Legislature in its wisdom very aptly appreciated that mere release of the bonded
labourers from bondage without making appropriate arrangements for their rehabilitation will
serve no useful purpose and may even create a very real problem as to livelihood of the
labourers so set free and accordingly the legislation made suitable provision for the
rehabilitation of the bonded labourers. If any bonded labourer is only freed from his bondage
and is set at liberty, he will in all probability have to slide back into bondage again to keep his
53
Bandhua Mukti Morcha v. Union of India and Ors, AIR 1984 SC 802
54
Supra note 39

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Abolition of Bonded labour National and International Perspective

body and soul together. Freedom from bondage without effective rehabilitation after such
freedom will indeed be of no consequence and in the absence of proper arrangement for such
rehabilitation being made, the entire purpose of the Act will be frustrated and the vice of the
bonded labour system which the legislature thought it fit to abolish in the larger interest not
only of our country, but also of humanity as a whole will continue to perpetuate its evil
existence to enforce the existing legislation of The Bonded Labour System (Abolition) Act,
1976 and other constitutional provisions.55

55
See also L. Mishra, A perspective plan to eliminate forced labour in India

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Abolition of Bonded labour National and International Perspective

Bibliography

Books

1. Sabine Damir-Geilsdorf, Ulrike Lindner, Gesine Müller, Oliver Tappe, Michael

Zeuske (eds.), Bonded Labour Global and Comparative Perspectives (18th–21st Century)
2. Ravi S. Srivastava, Bonded Labour in India: Its Incidence and Pattern
3. C Emallias, Commentary on the Bonded Labour System (Abolition) Act, 1976,
Edition 2019
4. L. Mishra, A perspective plan to eliminate forced labour in India
5. Dr JN Pandey, Constitutional Law of India, Central Law Agency Sixth Edition
6. Acharya, Arun Kumar; Naranjo, Diego Lopez (2019), "Practices of Bonded Labour in
India: Forms of Exploitation and Human Rights Violations",

Article

7. Dr. Krishan Kumar Kajal, Assistant Professor in Law, C.R. Law College, Hisar,
Bonded Labour
8. ILO and Walk Free Foundation, Global Estimates of Modern Slavery: Forced Labour
and Forced Slavery, (Geneva, 2017).

Bare Acts

9. The Constitution of India, 1950

10. Bonded Labour System (Abolition) Act, 1976
11. The Indian Penal code, 1860

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Abolition of Bonded labour National and International Perspective

Websites

10. https/en.wikipedia.org
11. www.nhrc.nic.in
12. https/www.ilo.org
13. https/www.alliance87.org
14. https/www.walkfree.org.

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