LABOUR LAW-II PROJECT TITLE: ABOLITION OF BONDED BONDED LABOUR L ABOUR SYSTEM IN INDIA
Submitted By:
Anwesha Tripathy Tripathy 3rd Year( Year(5 5th Semester), Section: A, Roll Number !"#
Submitted Submitt ed To: To:
$r% S% &% Roy, Associate 'roessor(aw)
Session: 2014-2015
ACKNOWLEDE!ENT
*t is my +reatest pleasure pleasure to be able to present this this proect o abour abour aw% aw% * ound it -ery interestin+ to wor. on this proect% * would li.e to than. $r% S%&%Roy, S%&%Roy, Associate%'ro%, /aculty o law,&hana.ya National aw 0ni-ersity or pro-idin+ me with such an interestin+ proect topic,or his unmatched eorts in ma.in+ learnin+ an enoyable process,or his immense sinceri sincerity ty or the benei beneitt o his studen students ts and or his constan constantt uncond unconditio itional nal suppor supportt and +uidance%
* would also li.e to than. my librarian librar ian or helpin+ me in +atherin+ data or the proect% Abo-e all, * would li.e to than. my parents, elder sister and paternal aunt,who rom such a +reat distance ha-e e1tended all possible moral and moti-ati-e support or me%
* hope the proect is upto the mar. and is worthy o appreciation%
Anwesha Tripathy &hana.ya National aw 0ni-ersity, 'atna
Contents
2% "% 3% #% 5% %
*ntrod *ntroduct uction ion and and *nterna *nternation tional al Aspec Aspects ts Abolition Abolition o onded onded abour abour A e+al &onte1t &onte1t The onde onded d abour abour System System (Aboli (Abolitio tion) n) Act, Act, 24! 24! Statist Statistics: ics: The The Tru Truth th Ne-e Ne-err Re-eale Re-ealed d Su++ Su++est estio ions ns or or Reo Reorm rmss &onclu clusio sion iblio+raphy
"NT#OD$CT"ON
'rior to the early modern a+e, eudal and serdom systems were the predominant political and economic economic systems in 6urope% These systems systems were based on the holdin+ holdin+ o all land in ie or ee, and the resultin+ relation o lord to -assal, and was characteri7ed by homa+e, le+al and military ser-ice ser-ice o tenants, and oreiture% oreiture% 8any historians ha-e ar+ued that this system was also established in some atin American countries, ollowin+ 6uropean settlement% A moderni7ation o the eudal system was 9peona+e9, where debtors were bound in ser-itude to their creditors until their debts were paid% Althou+h peons are only obli+ed to a creditor monetarily, it mi+ht be -iewed that this relationship r elationship reduces personal autonomy% %"STO#"CAL &EONAE
'eona+e is a system where laborers are bound in ser-itude until their debts are paid in ull% Those bound by such a system are .nown, in the 0S, as peons% 6mployers may e1tend credit to laborers to buy rom employerowned stores at inlated prices% This method is a -ariation o the truc. system (or company store system), in which wor.ers are e1ploited by a+reein+ to wor. or an insuicient amount o +oods andor ser-ices% *n these circumstances, peona+e is a orm o unree or restricted or constrained labour% Such systems ha-e e1isted in many places at many times throu+hout history% history% %isto'i()* e+)m,*es 'om "nte'n)tion)* A'en)
; *n &olonial America, some settlers used indentured ser-ice to obtain passa+e or an initial settlement, then continued wor.in+ independently ater completin+ their bonded labor% ; The American South Such a system was oten used in the southern 0nited States ater the Amer Americ ican an &i-i &i-ill
ne estate in 'eru that e1isted rom the late 25==s until it ended had up to 2,!== peons employed and
had a ail% 'eons were e1pected to wor. a minimum o three days a wee. or their landlord and more i necessary to complete assi+ned wor.% "= million bonded labourers in 'a.istan !%5 million are children% An estimated #4,=== children are in sla-er y in an+ladesh% !ODE#N ."EWS
Accordin+ to AntiSla-ery *nternational, 9A person enters debt bonda+e when their labor is demanded as a means o repayment o a loan, or o money +i-en in ad-ance% 0sually, people are tric.ed or trapped into wor.in+ or no pay or -ery little pay (in return or such a loan), in conditions which -iolate their human ri+hts% *n-ariably, the -alue o the wor. done by a bonded laborer is +reater that the ori+inal sum o money borrowed borrowed or ad-anced%9
Accordin+ to the AntiSla-ery Society, pawna+e or pawn sla-ery is a orm o ser-itude a.in to bonded bonded labor under under which which the debtor debtor pro-id pro-ides es another another human bein+ as security security or collateral or the debt% 0ntil the debt (includin+ interest on it) is paid o, the creditor has the use o the labor o the pawn% At inte'n)tion)* *)/
$ebt bonda+e has been deined by the 0nited Nations as a orm o 9modern day sla-ery9 and is prohibited by international law% *t is speciically dealt with by Article 2(a) o the 0nited Nations 245 Supplementary &on-ention on the Abolition o Sla-ery% *t persists nonetheless especi especiall ally y in de-e de-elo lopi pin+ n+ nati nation ons, s, whic which h ha-e ha-e ew ew mech mechan anism ismss or or credi creditt secur security ity or ban.ruptcy, ban.ruptcy, and where ewer people hold ormal title to land or possessions% Accordin+ to some economists, or e1ample Dernando de Soto, this is a maor barrier to de-elopment in those countries entrepreneurs do not dare ta.e ris.s and cannot +et credit because they hold no collateral and may burden amilies or +enerations to come% r+ani7ation% $espite the 0N prohibition, AntiSla-ery *nternational estimates that 9between 2= and "= million people are bein+ subected to debt bonda+e today%9 SO!E "NTE#NAT"ONAL %$!AN #"%TS CON.ENT"ONS
The The prac practic ticee o bond bonded ed labo labour ur -iol -iolate atess the the oll ollow owin in+ + *nte *ntern rnati ation onal al Duma Duman n Ri+h Ri+hts ts &on-entions whereas *ndia is a party to all o them and such is le+ally bound to comply with their terms% They are: E &on-ention on the Suppression o Sla-e Trade and Sla-ery, 24"F 24"F E Supplementary &on-ention on the Abolition o Sla-ery, the Sla-e Trade and *nstitutions and 'ractices Similar to Sla-ery Trade, 245F E /orced abour &on-ention, 243=F E *nternational &o-enant on &i-il and 'olitical Ri+hts (*&&'R), 24F
E *nternational &o-enant on 6conomic, Social and &ultural Ri+hts (6&>S>&), 24F E &on-ention on the Ri+hts o the &hild (&R&), 24?4 !ODE#N EA!&LE: &#OST"T$T"ON
News media in western 6urope re+ularly carry reports about one particular .ind o debt bonda+e: women rom 6astern 6urope who are orced to wor. in prostitution as a way to pay o the 9debt9 they acGuired when they were ille+ally smu++led to destinations in
Accordin+ to 8ar1ist economists, debt bonda+e is characteristic o eudal economies, where amilie amiliess are consid considered ered the respons responsibl iblee unit unit or inanc inancial ial relatio relationsh nships ips,, and where where heirs heirs continue to owe parents@ debts upon their deaths% /ully capitalist economies are characteri7ed by the indi-idual ta.in+ all responsibility, and such mechanisms as ban.ruptcy and inheritance ta1es reducin+ creditors@ ri+hts (while increasin+ the power o the state)% Deirs are reed rom the creditor, but at the cost o a drastically increased power accruin+ to the state itsel% $ebt bonda+e is oten a orm o dis+uised sla-ery in which the subect is not le+ally owned, but is instead bound by a contract to perorm labor to wor. o a debt, under terms that ma.e it impossible to completely retire the debt and thereby escape rom the contract
LAW AND "SS$ES #ELATED TO BONDED LABO$# "N "ND"A "NT#OD$CT"ON
onded onded labour is widely pre-alent pre-alent in many re+ions re+ions in *ndia% The main eature o the system is that the debtor pled+es his person or that a member o his amily or a loan and is released on the repayment o the debt% onded labour is reerred to by dierent names in dierent re+ions% The 6layaperumal &ommittee mentions the ollowin+: E Jothi in >rissaF E 8achindari in 8adya 'radeshF E Sa+ri in RaasthanF E Ket Ket e+ar and Salbandi in 8aharasthaF E Lana, 8anihi or *hari in Lammu and MashmirF E Leetha in 8ysoreF E Ketti in Tamil NaduF E Mamiya or Muthiya in &hattis+arh% *n the be+innin+ o the twentieth century the system combined the elements o e1ploitation, patrona+e and protection at least in some re+ions% ut with increasin+ trend towards the moneyeconomy and chan+es in the types o use to which a+ricultura l land is put, the element ele ment o patrona+e disappeared and that o e1ploitation persisted%
ABOL"T"ON O BONDED LABO$# SSTE!: A LEAL CONTET "ndi)n Constitution
Some related pro-ision re+ardin+ to bonded labour, namely: E 'reamble: The &onstitution o *ndia +uarantees all citi7en social, economic and political ustice, reedom o thou+ht and e1pression, eGuality o status and opportunity and raternity assurin+ di+nity o the indi-idualF E Article 2#, 25 and 2: These articles +uarantee eGuality and eGual treatmentF E Article 24(2) (+): The article +uarantees reedom o trade and proessionF E Article "2: The article +uarantees ri+ht to lie and libertyF E Article "3: 'rohibition o traic in human bein+s and orced labour Traic in human bein+s and be+ar and other similar orms o orced labour are prohibited and any contracontra-ent ention ion o this this pro-is pro-ision ion shall shall be an oenc oencee punish punishabl ablee in accorda accordance nce with with law% law% Nothin+ in this article shall pre-ent the State rom imposin+ compulsory ser-ice or public purposes, and in imposin+ such ser-ice the State shall not ma.e any discrimination on +rounds only on reli+ion, race, caste or class or any o them% E Article "#: The article prohibits the employment o children whether as bonded labour or otherwise% To+ether, Article "3 and Article "# are place under the headin+ Ri+ht a+ainst 61ploitationO, one o *ndiaBs constitutionally proclaimed undamental ri+hts% E $irecti-e 'rinciples: 8oreo-er, the $irecti-e 'rinciples directs the State to stri-e to secure, inter alia: (a) Lust and human conditions o wor. (Article #")F (b) 6ducational and economic interest o the Scheduled &aste and Scheduled Tribe and other wea.er section o the society (Article #)% E 0nder Article #"% 'ro-ision or ust and humane conditions o wor. and maternity relie The State shall ma.e pro-ision or securin+ ust and humane conditions o wor. and or maternity relie%
E 0nder Article #3% i-in+ wa+e, etc% or wor.ers The State shall endea-our to secure, by suitable le+islation or economic or+ani7ation or in any other way, to all wor.ers, a+ricultural, industrial or otherwise, wor. and li-in+ wa+e, conditions o wor. ensurin+ a decent standard o lie and ull enoyment o leisure and social and cultural opportunities and, in particular the State shall endea-our to promote cotta+e industrial on an indi-idual or cooperati-e basis in rural areas% "ndi)n &en)* Code:
0nder Section 3!#% 0nlawul compulsory labour
*n order to +i-e eect to the constitutional prohibition o bonded labour as speciied under Article "3 o *ndian &onstitution, onded abour System (Abolition) Act was passed in 24!%
The Act was intended to ree all bonded labourers, cancel their debts, establish rehabilitati-e measures and punish oender throu+h imprisonment and ines% *mplementation o the Act is the responsibility o the State Jo-ernment% eore +oin+ into the material parts and the implementation o the Act o 24!, let us obser-e a ew de-elopments in this area prior to the posin+ o the Act o 24!% LE"SLAT".E %"STO#
'rior to 24!, all eorts to tac.le the issue o bonded labour were made at the re+ional le-el only% eore eore the *ndependence, there were two le+islations, namely: E The ihar and >rissa Mamiauti A+reement Act, Act, 24"=F E The 8adhras $ebt onda+e Abolition Re+ulation Act, 24#=% *n the post independence period two le+islation which had dealt with the abolition o bonded labour deser-es mention are: E The >rissa $ebt onda+e Abolition Re+ulation, 24#?F E The Raasthan Sa+ri System Abolition Act, 242% *n all, accordin+ to the Report o the &ommission or S&s and STs 24#2245, the net results o these enactments are ailure% And in 24!5, yet another attempt was made to abolish the system throu+h *ndia under the twentypoint pro+ramme% *nitially, the onded abour System >rdinance was promul+ated in 24!5 and later this was enacted by the 'arliament% Thus came into bein+ the onded abour System (Abolition) Act 24!% Apart rom the abo-ementioned the response o the udiciary has been positi-e but the disappointment comes when it is seen that till date there has not been a sin+le case o con-iction% Some o the maor case laws related to the issue o bonded labour are:
E $harambir - State (24!4, where the Supreme &ourt held that prisoners are entitled to air wa+es while doin+ wor. in the ails% The court held that ree labour by prisoners is -iolati-e o Article "3 o the &onstitution% E '0$R - 0>* (24?"), where the Supreme &ourt held that +i-in+ wa+es below the limits set by the 8inimum * (24?#), wherethe Supreme &ourt issued directions or the release and rehabilitation o bonded labourers en+a+ed in the minin+ operations% E Neera &haudhary - State o 8%' (24?#), wherethe Supreme &ourt e1pressed an+uish o-er the indierence o the +o-ernment towards the rehabilitation o released bonded labourers% E Shan.ar 8u.heree - 0>* (244=), wherethe Supreme &ourt held that the &ontract abour Act, 24!= is a welare le+islation that must be interpreted liberally in a-our o the labourers% The court urther held that the system o contract labour is ust another orm o bonded labour and it should be abolished due to its baneul eect% E '0& - State o TN ("==#) , where the Supreme &ourt appreciated the role o NJ>s in the pre-ention o bonded labour and their emancipation% The court urther obser-ed that the approach o udiciary should be bene-olent towards bonded labourers%
T%E BONDED LABO$# SSTE! 3ABOL"T"ON ACT 1678 SAL"ENT EAT$#ES
The open obecti-es o the Act are *dentiication, Release and Rehabilitation o onded abourers% et us analyse some o the silent eatures o the Act: /irstly, it is about the awareness o the need or machinery relatin+ to its implementation% Secondly, the Act en-isa+e the &onstitution o Ki+illance &ommunities at the district and subdi-isioned le-el, to ad-ise the $istrict 8a+istrate and to ensure the implementation o the pro-ision o the Act% Act% Thirdly, Section 2 to 24 o the Act deals with the 'enal Sanctions which are, i enorced properly, suicient to ha-e the reGuiste eect% "!&LE!ENTAT"ON
The real problem lies in the implementation aspects% The ailure in the implementation o the Act may arise because o a -ariety o actors chide amon+ them, namely: E ac. o Awareness: The need to create awareness o socioeconomic le+islation or to publici7e it is hardly reali7ed% E ac. o Actual 'rosecution o the >enders: As also seen rom past e1perience, there is hardly any enorcement o the penal sanctions pro-isions% E ac. ac. o Admin Administ istrati rati-e -e and 'oliti 'olitical cal ten, illiteracy, lac. o communication, remoteness rom urban centers and po-erty inhibits the wea.er section rom ta.in+ ad-anta+e o the le+al process a-ailable to them% E Social and 6conomic $ependence: The law should ta.e account o the social and economic bac.+round o the issue%
E ac. o 8easures to 8a.e &oncerned >icial &ountable or Their in Action or 8isdeeds: *n Neeraa &haudhary -% State o 8%'% (24?"), most o the released bonded labourer had not been rehabilitated e-en ater si1 months o their release% As per the onded abour S ystem (Abolition) Act, 24!: bonded labourO means any labour or ser-ice rendered under the bonded labour system Section " (e)%
¬
bonded labourerO means a labourer who incurs, or has, or is presumed to ha-e incurred a bonded debtSection "()%
¬
bonded labour systemO means the system o orced, or partly orced, labour under which a debtor debtor enters, or has, or is presumed presumed to ha-e, entered, entered, into an a+reement a+reement with the creditor to the eect that he would
¬
i% render, by himsel or throu+h any member o his amily, or any person dependent on him, labour or ser-ice to the creditor, or or the beneit o the creditor, or a speciied period or or any unspeciied period, either without wa+es or or nominal wa+es, or ii% or the reedom o employment or other means o li-elihood or a speciied period or or an unspeciied period, or iii% oreit the ri+ht to mo-e reely throu+hout the territory o *ndia, or i-% oreit the ri+ht to appropriate or sell at mar.et -alue any o his property or product o his labour or the labour o a member o his amily or any person dependent on himF and includes the system o orced, or partly orced, labour under which a surety or a debtor enters, or has, or is presumed to ha-e, entered, into an a+reement with the creditor to the eect that in the e-ent o the ailure o the debtor to repay the debt, he would render the bonded labour on behal o the the debtorSection "(+) Throu+h its -arious ud+ments, Supreme &ourt has +i-en a -ery broad, liberal and e1pansi-e interpretation o the deinition o the bonded labour% Accordin+ to the interpretation +i-en by the ape1 court, where a person pro-ided labour or ser-ice to another or remuneration less
than the minimum wa+e, the labour or ser-ice alls clearly within the scope and ambit o the words orced labour under the constitution% N$ANCES O T%E BONDED LABO$# SSTE! 3ABOL"T"ON ACT 1678
>n commencement o this Act the bonded labour system shall stand abolished and e-ery bonded labourer shall stand reed and dischar+ed disc har+ed ree rom any obli+ation to render bonded labour%
¬
Any custom, a+reement or other instrument by -irtue o which a person is reGuired to render any ser-ice as bonded labour shall be -oid%
¬
iability to repay bonded debt shall be deemed to ha-e been e1tin+uished% 'roperty o the bonded labourer to be reed rom mort+a+e etc%
¬
¬
/reed bonded labourers shall not be e-icted rom homesteads or other residential premises which he was occupyin+ as part o consideration or the bonded labour%
¬
$istric $istrictt 8a+ist 8a+istrate ratess ha-e ha-e been been entrus entrusted ted with with certain certain duties duties and respons responsibi ibiliti lities es or implementin+ the pro-ision o this Act%
¬
Ki+ilance committees are reGuired to be constituted at district and subdi-isional le-els%
¬
>ences or contra-ention o pro-isions o the Act are punishable with imprisonment or a term which may e1tend to three years and also with ines which may e1tend to two thousand rupees%
¬
'owers o Ludicial 8a+istrates are reGuired to be conerred on 61ecuti-e 8a+istrates or trial o oences under this Act% >ences under this Act may be tried summarily%
¬
6-ery oence under this Act shall be co+ni7able and bailable%
¬
STAT"ST"CS : T%E T#$T% NE.E# #E.EALED
>icial statistics relectin+ enorcement o the onded abour System (Abolition) Act are eGually diicult to obtain% Statistics re+ardin+ application o the onded abour System (Aboli (Abolitio tion) n) Act Act to childr children en are none1i none1isten stent% t% *ndeed *ndeed,, at least least some some +o-ernm +o-ernment ent oici oicials als inter-iewed by Duman Ri+hts this number, ""!,#=# were reported to ha-e been rehabilitated% * this number includes any rehabilitated bonded child laborers, that act has not been reported% State +o-ernments@ +o-ernments@ statistics statistics +rossly underrepor underreportt the current current incidence incidence o bonded bonded labor% labor% As mentioned, the Supreme &ourt has been e1aminin+ the incidence o bonded labor in thirteen states% These thirteen states, chosen by the court or in-esti+ation because o their reputation or hi+h rates o debt bonda+e, all claimed in aida-its to the court that there was little or no bonded labor within their urisdictions% The court, c ourt, s.eptical o these claims, appointed a ppointed teams o in-esti+ators to study the issue in each state%
reported that 3#,#= bonded laborers had been rehabilitated, but they also reported that 33,5 33,5?2 ?2 bond bonded ed labo laborer rerss had had been been iden identi tiie ied, d, mean meanin in+ + that that the the state state claim claimed ed it had had rehabilitated 2,=54 more people than it had e-er identiied as bonded laborers% *n the 24?44= report to the 8inistry o abour, the state o >rissa reported that 52,!52 bonded laborers had been rehabilitated, but only #?,5! had been identiied% identii ed% The state o Tamil Nadu reported in the 244#4 244#45 5 8inistr 8inistry y o abour abour Annual Annual Report Report that that 34,=5# 34,=5# bonded bonded labore laborers rs had been been rehabilitated, but they had identiied 3?,??% *n total, these three e1amples indicate that #,3"2 more people were rehabilitated than were identiied as bonded laborers% These statistics are disturbin+ or two reasons: E these statistics are cumulati-e totals, meanin+ that e-ery year, new cases are added to the cases rom pre-ious years, datin+ bac. to 24!, when the onded abour System (Abolition) Act became law, so that the yearly statistics represent the total number o bonded laborers that ha-e e-er been identiied, released, and rehabilitated% E beore bonded laborers can be eli+ible or rehabilitation, they must be identiied as bonded laborers% ecause o this methodolo+y, the cumulati-e totals or rehabilitation can ne-er be more than the cumulati-e totals or identiication and when this occurs, such as the pre-ious three cases, it indicates indicates a serious serious law in reportin+% reportin+% This may be due to se-eral actors: state +o-ernments may be arbitrarily determinin+ bonded labor statistics, or the inaccuracies may be due to simple error, or people who were not bonded laborers are bein+ rehabilitated as bonded laborers% *n one e1ample o the latter, a sur-ey s ur-ey o 2?= bonded laborers laborer s who had been oicially rehabilitated by the ihar +o-ernment ound that 2"= had ne-er been bonded% Another indication that the law is not bein+ enorced is the act much o the money allocated or the rehabilitation o bonded laborers is unspent and reabsorbed by the +o-ernment% /undin+ or rehabilitation is allocated throu+h a ityity matchin+ +rant in which the states underta underta.e .e rehabi rehabilita litatio tion n and the central central +o-ernm +o-ernment ent matche matchess their their e1pend e1penditu itures% res% *t is administered administered throu+h se-eral schemes under under the *nte+rated Rural $e-elopment $e-elopment 'ro+ram (*R$') and Lawahar Ro7+ar Yoana (LRY)% Records o e1penditures or these pro+rams show that in 24?44=, only !%2 percent o the unds were utili7ed% *n 244=42, !?%#2 percent o unds were utili7ed% And in 24424", only #!%?3 percent o unds a-ailable were utili7ed or rehabilitatin+ bonded laborers% >n 8arch 2#, 244, the 'arliamentary &ommittee on abour and
bonded laborers had been utili7ed% The reason +i-en was tha t 9the state +o-ernments ailed aile d to submit certiicates in re+ard to the e1penditure incurred by them% ecause o this lapse, the &entral &entral +o-ernm +o-ernment ent did not release release unds unds to them%9 them%9 The ailure ailure to report report e1pend e1penditu itures res indicates a ailure to enorce the law% A Suprem Supremee &ourt &ourt lawyer lawyer closely closely connec connected ted to bonded bonded labor labor liti+at liti+ation ion corrob corroborat orated ed the unreliable nature o the district collectors@ reports, sayin+ there is 9no mechanism to ascertain the collecto collectors@ rs@ -eracit -eracity y%9 Accor Accordin din+ + to this this ad-ocat ad-ocatee and others others amilia amiliarr with with the issue, issue, corruption in application o the onded abour System (Abolition) Act and dispersal o act related related rehabi rehabilit litatio ation n unds unds is common common%% 9A collector collector may recei-e recei-e 2==,== 2==,=== = rupees rupees or rehabilitation eorts but disperse only 2=,=== o it% 6mbe77lement is diicult to trac., but we all .now it happens% /or e1ample, a bonded labourer comes in, puts his thumb print on the document sayin+ he will recei-e ,"5= rupees, but recei-es only 3,=== rupees%9 &orruption and ne+lect are not the only reasons or bad statistics re+ardin+ bonded labor% Another is passi-ity on the part o enorcin+ oicials, who too oten ta.e no airmati-e steps to disco-er and root out debt bonda+e in their districts%
a part o the lar+er issue o welare o the nation as a whole% esides the se-eral ailures o
implementation o the Act, the Report rom Duman Ri+ht bstructionF E &orruptionF E ac. o AccountabilityF E ac. o AdeGuate 6norcement Sta%
S$EST"ONS
The problem o bonded labour is dynamic in nature and it can reoccur at any point o time% Thus, the bonded labourers must be rehabilitated as soon as possible ater their release% * this is not done than it is a remedy worst than the malady because these labourers will die o star-ation% Thus, beore releasin+ the bonded labourers a sound rehabilitati-e plannin+ is ine-itable% The ollowin+ measures can be adopted in this re+ard: E 'ublic awareness and education is a must, E 'roducti-e 'roducti-e and income +eneratin+ +eneratin+ schemes must be ormulated in ad-ance ad-ance otherwise otherwise they will a+ain all bac. upon the system o bonded labour ater their release, E These schemes schemes should should be chosen ater duly consultin+ consultin+ the concerned concerned labourers and NJ>s in-ol-ed in their emancipation and rehabilitation, E The +o-ernment should wor. on a priority basis in areas -ulnerable or the system o bonded labour and or the rehabilitation o already releases labourers, E An eecti-e and speedier +rie-ance redressal machinery should be established or proper disposal o cases pertainin+ to bonded labour, E A humanitarian trainin+ pro+ramme should be ormulated or persons dealin+ with bonded labourers, E There should be a system o summary disposal o cases under -arious laws dealin+ with the e-il o bonded labour, E There should be a strict enorcement o the welare and labour le+islations, E There should be more strin+ent penal laws or eecti-ely dealin+ with the menace o bonded labour etc% esides the measures or impro-ement mentioned already in the ore+one discussion, the Jo-ernment o *ndia should demonstrate its commitment to the eradication o bonded labour by implementin+ some o the ollowin+ recommendations at the earliest possible%
E The The onded onded abour abour System System (Aboli (Abolitio tion) n) Act Act should should direct direct Ki+ill i+illance ance &ommit &ommittees tees and $istrict &ollectors to initiate ser-in+ and credit pro+ramme at the community le-el% E *n addition to +enuine +o-ernment action, it is essential that non+o-ernmental or+ani7ation be encoura+ed by the Jo-ernance to collaborate in this eort% E A nati nation onw wid idee publ public ic aware awarene ness ss campa campai+ i+n n shou should ld be launc launche hed d re+a re+ard rdin in+ + the the le+al le+al prohibition o bonded labour% labour% E The scheme or rehabilitation pro+rammes should be inte+rated with e1istin+ *R$' and NR6' (35th (35th Session o the abour 8inisters &onerence held in 22 22 8ay 24?5)% E The &ourt should also abandon the con-entional approach and come to the rescue o the bonded labourers, particulary in the technical rules o e-idence and de+ree o burden o proo%
CONCL$S"ON
onded labour must be attac.ed rom many ronts% 6norcement o the law is essential, but it is not enou+h% The bonded labour must ha-e someplace else to +o% The elimination o current debt bonda+e and the pre-ention o new or renewed bonda+e thereore, reGuire a combination o concerted +o-ernment action and e1tensi-e community in-ol-ement% onded labour is a -ast, pernicious, and lon+standin+ social e-il and the tenacity o the onded abour System must be attac.ed with similar tenacity% Anythin+ less than total commitment is certain to ail%
B"BL"O#A&%
2% "% 3% #% 5% %
abour abour and and indu industri strial al laws laws by D%M%S D%M%Saha aharay ray abour abour aws aws in *ndia *ndia by by J%% J%%'ai 'ai *ndust *ndustrial rial aw 2 by '%%8ali %8ali. . abour abour and and industri industrial al cases cases "=2"(") "=2"(") Reports Reports 2"=2" 2"=2"#== #== www%pblabour%+o-%in www%nhrc%nic%in
