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Bonded Labour: Bandhua Mukti Morcha Case 16 Dec, 1983.
Introduction
“Because India’s jurisprudence remains ill-equipped to stringently provide legal protection for Dalits and human traffickers easily abducted and lure vulnerable Dalit women and girls into prostitution and child marriage and men and children into bonded labour in the factories and on the farms.” it is well quoted by Mr. Keshar Patel, World Policy Institute, 2014 as because from the since time in India people were divided into categories i.e Brahmins, Kshtriyas, Vaishyas, and Shudras. This caste hierarchy and feudal structure traced the origin of Bonded Labour. However, the lower caste people did not have enough land to cultivate, they needed money to fulfil the social obligations on them, their basic needs i.e (Roti, Kapda, Makan) and the physiological needs were indebted before higher caste people. All this bonded labouring started since the debts taken by the lower caste people from the higher caste people with nothing in consideration of security, so they themself Guarantee being a future bonded labour in lieu of redemption of debt with interest. Bonded labour is basically permanent cheap labour working in return of loan or debt took by lower caste people. This type of Loans was tricked by the higher caste persons to work under them for little or no pay. The original loan’s value was too low than the usual work done by the labourers under the creditors. In many cases the loan took by the parents is passed down to their child and they have to work under them. Female bonded labourers also have to suffer sexual abuse by their ‘employers’. In Worldwide total, 20 million people estimated to be trapped in bonded labouring. Bonded labourers are usually not able to defend their rights and are bound by a mislaid sense of duty to repay the debt/loan owed by their family.
Bandhua Mukti Morcha vs Union of India & Others 16 Dec 1983.
The petitioner Bandhua Mukti Morcha is an NGO which works for the welfare of the people. While NGO started conducting a survey, they found some stone quarries in Faridabad where the workmen were in an extreme situation. The working conditions were very unhygienic and unsuitable for those workers who had come from different parts of the country to work in those quarries. The petitioner filed an application to Justice Bhagwati regarding the workplace and working conditions of those workmen. This application took as a writ petition under Article 32 of the constitution and a commission was made to enquire about the allegations put forth by the petitioner. The constituted commission proved the allegations to be right and the rights of labourers were infringed.
Judgement:
The Supreme Court found the petition true and therefore gave directions to the government of Haryana, the Central Government and other administrative authorities as follows:
- The government of Haryana within 6 weeks of verdict constituted vigilance committee in each division of district to ensure compliance under Section 13 of the Bonded Labour Act, 1976.
- The government of Haryana appointed district magistrate to identify the bonded labour as per the law.
- The state government also took the help of NGO’s and other voluntary agencies to ensure the implementation of the Bonded Labour Act, 1976.
- The government of Haryana, within three months of the verdict, re-habituated the bonded labourers.
- Both the Central and State Government together must ensure the implementation of the Minimum Wages Act, 1948.
- The concern offices from the Central government has to conduct surprise alternate visits at least once a week.
- The Central Board of Workers Education will organise camps often to educate the workers about their rights and benefits provided by law.
Legal Principles involved:
The legal principles or the law involved in this case are:
- Mining Rules, 1955
- Bonded Labour System Act (BLSA), 1976
- Mines Vocational Training Rules(MVTR), 1966
- Maternity Benefit Act (MB Act), 1961
- Article 32 of the Constitution of India.
In Bandhua Mukti Morcha v. Union of India, the main issue concerned the existence of bonded labour in the Faridabad stone quarries near the city of Delhi. It was alleged that the majority of migrated workers from the different states were compelled to turn into bonded labourers. The workers were living in miserable and unhappy conditions. A violation of Bonded Labour System (Abolition) Act (BLSA) 1976 and the various labour laws and was alleged. The Supreme Court stated that before a bonded labour can be regarded as a bonded labourer, he must not only be forced to provide labour to the employer but he must have also received an advance or other economic consideration from the employer unless he is made to provide forced labour in execution of any custom or social obligation or by reason that he/she is born in any particular caste or community.
Thus the SC set a new constitutional standard to the state at the time for completely neglecting the human values. The court further commented that the state government is under the constitutional obligation, charged with the mission of bringing about a new socio-economic order where there will be socio-economic justice and equality for everyone and status and opportunity for all.
Obiter dicta–
It is not necessary that the aggrieved party will always file a petition but also any person with a bonafide intention can file a case in order to protect the rights of others and when it comes to the public interest or for the welfare of the common people a mere letter can also be treated as a writ petition.
Conclusion:
This article basically says that all human beings are born with free and equal dignity and rights. The Bonded Labour System (Abolition) Act (BLSA) was enacted in 1976. Later on, after 20 years, Human Rights Watch has found that the goals of this law-to punish employers of bonded labour and to release, identify, and rehabilitate bonded labourers who have not been met. The bonded labour system continues to grow vigorously. The district-level vigilance committees mandated the Bonded Labour System (Abolition) Act (BLSA) and constituting the solution to the enforcement of the act, have not been formed in most of the districts. This case alongside with the other PIL cases on the issue of child labour and scope of child labour destruction conflicts has been fecund in bringing issues to light about the issue of child labour and putting the issue conspicuously on the administration’s plan. The authorize rehabilitation of released workers is essential. Nonetheless, the state and central governments have jointly failed to implement the required rehabilitation procedures. By the government allowances of rehabilitation are distributed late, or are paid out at half the proper rate or not distributed at all, with corrupt officials pocketing the difference. Without proper rehabilitation, those who are released will rapidly fall again into bondage. And this will establish repeatedly, among both adult and child bonded labourers.
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