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The Concept of Bonded Labour under the Legal System of India
The international community regards bonded labour or bonded slavery and serfdom as various forms of unfree labour practice and urges all the states to contain it. The first convention on this subject was the International Labour Organization Slavery Convention, 1926 followed by the International Convention concerning Forced or Compulsory Labour, 193o, which India ratified in 1944 and finally the Abolition of Forced Labour Convention, 1957, which India ratified in 2000.
In India, bonded labour or death bondage can be stated as a necessary outcome of colonial past, social – that is longstanding discrimination on the basis of caste and class discriminations, inequality, lack of access to education, cultural and economic factors – persistent poverty amongst citizens, making it so intricately woven into the socio-economic culture of the country. India has fallen victim to this malicious practice for centuries and still continues to do so.
The primary attempts made by the Indian legislature starts with the Anti-Slavery Abolition Act, 1833 which was a pre-constitutional legislation, making the practice illegal in the British empire, except for the possessions of east India Company. Further, in 1843, the Anti-Slavery Act was brought into place which did not have a major, but substantial impact on the lives of those in slavery. The following attempt was made through the Indian Penal Code, 1860 which dealt with trading of slaves as a criminal offence. Post-independence, the Constitution, through Article 23 prohibited human trafficking and forced labour as a punishable offence. The problem of forced agricultural labour was highlighted by the various Commissions, Committees and surveys conducted by the Government of India. The issue of bonded labour became a national priority only in 1975 when it was included as a part in the 20-point program and in the year 1976, the Bonded Labour Prohibition Act was brought into force.
The fact that India has opened up to foreign corporations and multi-national investments, makes it a ground for low-wage and high-profit- resource for the global economy creating a newer and vigorous forms of bonded labour. The economic returns clearly lays down the logic of bonded labour existing today and also provides an answer to why this system continues to subsist. The most recent statistic (conducted in 2018) on the subject shows that there are approximately 18 – 20.5 million bonded laborers in the world out of which 11.5 – 11.7 occurred in India.
Section 2(g) of the Bonded Labour (Abolition) Act, 1976 defines bonded labour as a system of forced or partly forced labour in pursuance by an agreement by the debtor with the creditor. The conditions may include:
- Service without wages or with wages less than the market wage paid for the same or similar labour in the locality.
- Relinquishing the freedom of alternative livelihood for a specified or an unspecified period.
- Restricting their freedom to movement throughout the territory of India.
- Restrictions on the right to appropriate or sell property or labour or outcome of the product of labour at market value.
These 4 situations may arise due to:
- Consideration of an advance obtained by him or by any of his lineal descendants/ascendants whether or not such advance is evidenced by any document and in consideration of interest if any due on such advance. The consideration maybe of any kind and not essentially be of monetary means alone.
- Any customary or social obligation, as part of belonging to a lower caste or a customary practice where in the entire family has been working as bonded labourers to a particular person.
