A Report

On
BONDED LABOUr
In INDIA
BY

EESHA DAS

BA LLB HONS.

16FLUHH02C0014
(2016-2021)
AT

HUMAN RIGHTS LAW NETWORK (HRLN); DELHI

UNDER ADVOCATE PRAGYA PARIJAT SINGH
Page | 1
 A REPORT
ON
BONDED LABOUR
IN INDIA
BY
EESHA DAS

A report submitted in partial fulfillment of the

requirements of BA. LLB Program of Faculty of Law, IFHE-
Hyderabad.

Distribution List

Project Guide: Faculty Guide:

MS. Pragya Parijat Singh Dr. Y. Gangi Reddy

Law Officer Faculty Associate
HRLN; Delhi Faculty of Law
IFHE-Hyderabad

Page | 2
 ACKNOWLEDGMENT
I would be very grateful to thank few people
who had a big helping hand in this project. I
would like to thank whole heartedly to My
Project Guide Advocate Ms. Pragya Parijat
Singh and Mr. Nirmal Gorana, the convener
of National Campaign Committee for
Eradication of Bonded Labour (NCCEBL).
Dean Mr. Narsimha Rao,
Faculty In charge. Dr. Y. Gangi Reddy
and Ms. Uma Soni.
For giving me a golden opportunity to do
this wonderful project on the topic Bonded
Labour in India. This helped me in doing
lot of research and I came to know about
many new things and I’m really thankful to
them. Secondly, I would like to thanks my
parents for their constant support and
guidance.
Place: Hyderabad Eesha Das

Page | 3
 Declaration
This Project Report ‘Bonded
Labour In India’. It is in partial
fulfillment of summer internship
requirements of BA.LLB program
at Faculty of Law, IFHE-
Hyderabad. The project report
work is original and hasn’t been
submitted by me elsewhere.

Page | 4
 Table of Contents
Abstract ............................................................................................................................................ 6
Introduction ...................................................................................................................................... 7
ORIGIN & CAUSES OF BONDED LABOUR IN INDIA........................................................................... 8
PREVALENT SECTORS OF BONDED LABOUR .............................................................................. 9
Factors that increase vulnerability are: ...................................................................... 10
Factors that decrease vulnerability are: ..................................................................... 11
METHODOLODY ................................................................................................................................... 11
STATISTICAL RESPRESENTATION .................................................................................................. 12
FEATURES OF BONDED LABOUR SYSTEM ..................................................................................... 12
CONSTITUTIONAL AND LEGAL SAFEGUARDS............................................................................... 13
FUNDAMENTAL RIGHTS ................................................................................................................ 13
DIRECTIVE PRINCIPLES OF STATE POLICY................................................................................ 15
THE BONDED LABOUR SYSTEM (ABOLITION) ACT, 1976 ................................................................. 16
1.What do you mean by the “Bonded Labour”? .......................................................................... 16
2. Consequences which followed after the commencement of the Act: ...................................... 16
3. Relief to the aggrieved: ............................................................................................................... 17
4. Implementation of authority:..................................................................................................... 18
PUNISHMENT ................................................................................................................................... 19
PENAL PROVISION FOR BONDED LABOUR................................................................................ 20
Realities IN ROOT LEVEL............................................................................................................... 20
Scheme for REHABILITATION of bonded labour 2016 ....................................................... 21
NHRC GUIDELINES FOR REHABILITATION ..................................................................................... 22
ROLE OF NGO’s IN ERADICATION OF BONDED LABOUR ............................................................... 24
SUPREME COURT JUDGEMENT ......................................................................................................... 25
LIMITATIONS ....................................................................................................................................... 26
REFERENCES ...................................................................................................................................... 29
PRACTICAL WORKS ........................................................................................................................... 30
Bonded Labour Case ......................................................................................................................... 30
Domestic Violence Case: .................................................................................................................. 35
Mrityubhoj Case.................................................................................................................................... 39

Page | 5
 Abstract
Bonded Labour or Bandha Mazdoor is one of the worst form socio- economic
evil existing in India. Bonded Labour system had its emergence during the old
feudal system and continued in vogue in most part of world. Since inception the
Bonded Labour system has elements of different kind of exploitation. Bonded
Labour is a kind of relationship exist between employer and the employee where
the employee forcibly works for the employer. The employer does not provide
any kind of safeguards to the employee as provided by the law. This inhuman
practice has been used by the exploitative zamindars to avail unpaid labourers.
Under this system a person is forced to work under inhuman conditions to pay off
his debt known as debt bondage. Labourers are forced to work for long hours
without any rest and payment of wages in extremely unhygienic conditions in
agricultural fields, brick kilns, mining sectors, etc. Sometimes to pay off debt
even the whole family work together including minor children. Though Bonded
Labour system is abolished in India by The Bonded Labour System (Abolition)
Act, 1976, it still continues in vogue.

Page | 6
 Introduction
Bonded Labour so deeply embedded in the Indian society that people now
consider this inhuman practice as normal phenomena. Bonded Labour is a relic
of age old feudal system and caste system which resulted in creation of
hierarchical pattern of society having a superior class and lower class. The so-
called higher caste people like Brahmins and Rajpoot’s used to exploit the
economically poor and lower caste people like the Dalits, SCs/STs, etc. The so-
called high-class people used to perform different form atrocities against lower
class people. Lower class people were forced to sell labour to the higher class
with little or no wages at all. The Bonded Labour is typically of an indefinite
period as the labourer often passes on to his family members.

Bonded labour is referred to by different names in different regions. They are

following:

• Gothi in Orissa;

• Machindari in Madya Pradesh;

• Sagri in Rajasthan;

• Vet Begar and Salbandi in Maharashtra;

• Jana, Manihi or Ijhari in Jammu and Kashmir;

• Jeetha in Mysore;

• Vetti in Tamil Nadu;

• Kamiya or Kuthiya in Chhattisgarh.

Page | 7
ORIGIN & CAUSES OF BONDED LABOUR IN
INDIA
The problem of bonded labour is existing since pre- independence India and some
unfortunate people who after 71 years of independence still chained down in this
system. There are various social, economic, religious factors which support this
custom even in this modern era.

 OVER POPULATION AND POVERTY: These two-go hand in hand, it

is seen that in surplus population people find it difficult to get a job and
remain unemployed which directly result into poverty.

 ILLITERACY AND LACK OF AWARENESS: Specially the

uneducated village people are the victim of this social evil as they are
unaware of their rights they tend to consider bonded labour to be normal.
They even encourage their children to be a part of this system.

 CASTE BASED DISCRIMINATION: Though caste hierarchy is

reduced to a great extent in this present era but it was the main reason of
Bonded Labour in the earlier days and still in some remote villages lower
caste people serve labour to the so-called higher caste people.

 DEBTS: Often in villages poor people borrow money from moneylenders

on occasions like marriage, birth and death feast, etc and fail to repay back
the money which end up in serving labour for moneylenders without little
or no wages at all.

 INTERSTATE MIGRATION: People migrate from one state to another

or from village to state in search of employment opportunity and
sometimes they fall in the trap of bonded labour system.

There are many more factors leading to pernicious bonded labour system like
sudden death of earning member of family, damage due to natural calamity,
sudden loss of employment, etc.

State Governments in varying degree often tend to ignore or refuse to

acknowledge the existence of bonded labour in their respective states as the
Page | 8
identification of bonded labour system in the state will cause bad reputation of
the government of the state. The authorities are found unresponsive to complaints
of bonded labour brought to their notice.

PREVALENT SECTORS OF BONDED

LABOUR
Though Bonded Labour System is rooted into the ancient feudal structure of
society but it still exists in different agricultural and non-agricultural sectors.

 AGRICULTURAL SECTOR: Since Independence agriculture played an

important role for employment and economy of the country. Higher
percentage of bonded labour is found in the agricultural sectors of Andhra
Pradesh, Bihar, Haryana, Orissa, Punjab.

 NON-AGRICULTURAL SECTOR: Brick Kiln industry employs men,

women and minor children from poor families. Children even work
together with their parents to earn living rather enjoying their childhood
which is regarded as bonded labour. Uttar Pradesh, Kashmir, Punjab, etc.
are some states where bonded labour in kiln has been identified and
rescued.

Unorganised sectors like mining, stone quarries, fireworks industry, carpet

weaving, etc. employs bonded child labour.

 MIGRANT LABOUR: There is a considerable increase in migrant labour

bonded in the present time. The states leading in this category are Orissa,
Bihar, Madhya Pradesh, Chhattisgarh, Rajasthan. They often suffer
exploitation and deprivation.

 Domestic workers, forced prostitution, forced labour also come under

bonded labour system which is practiced in vogue in India.

Page | 9
 Fig 1. Factors influencing incidence and severity of
bondage

Factors that increase vulnerability are:

■ Villages are remote

■ Surplus labour is available
■ Economy has low degree of monetization – the labour market is less
developed
■ Households have few resources and low-income levels
■ Members of households have low skills and are illiterate
■ Household members have migrated due to lack of jobs, leading in higher
vulnerability of both the migrant workers and those left in rural areas
■ Workers are unorganized and have no bargaining position or power

Page | 10
Factors that decrease vulnerability are:

■ Villages are close to markets

■ There is a shortage of labour
■ Households have higher incomes and more resources
■ The economy is monetized, with more opportunities for wage labour
■ Members of households are literate and have marketable skills, so they
can negotiate better wages and working conditions
■ Workers are organized and have a collective voice

METHODOLODY

Bonded Labour or Bandhua Mazdoor is worst violation of Right to Life

under Article 21. To address this issue of modern day slavery it is very
important to assess the government action related to this problem.
In this project, we have followed the quantitative research. Quantitative
data collection method various surveys- online surveys, systematic
observations, etc.
The reported cases of Bonded Labour in National Campaign Committee
for Eradication of Bonded Labour (NCCEBL), part of Socio-Legal
Information Centre (SLIC), Human Rights Network (HRLN) New Delhi,
are also included in this project.
The present study was conducted to see the support rendered by the legal
system to the Labourers who are the victim of Bandhua Mazdoor.
In this study, we have provided with a report of recused Bonded Labour on
various occasions from various sectors like agricultural, domestic, brick
kiln, etc.
We also have done a detailed study of the Rehabilitation Schemes which
are provided to the rescued Bonded Labour.

Page | 11
 STATISTICAL RESPRESENTATION

Though the practice of bonded labour system was criminalised long back
in the year 1976 but it still prevalent in many places. A 2016 report found
that in the state of Tamil Nadu, 351 of 743 spinning mills use bonded
labour schemes, otherwise known as Sumangali schemes. Fraudulent
recruiters reportedly target families in economically disadvantaged rural
areas of India and persuade the parents to send their daughters to spinning
mills with promises of good working conditions and the payment of a lump
sum at the end of their three-year contracts that might help contribute to
dowry costs. They work 60 hours per week year-round and cannot refuse
overtime.1
According to a study on bonded labour practices in sandstone quarries in
Rajasthan, workers become caught in lifelong debt bondage as they owe
large sums of money to their employers or contractors and have to work
for little or no pay until this is repaid.
At least 20 million labourers in India are employed in the unorganised brick
kiln industry, working under unhygienic conditions. Usually, an entire
family is involved in brick production and they get Rs 400-500 for 1,000
bricks. They are physically tortured by the contractor if they wish to leave
their job. Even their payments are stopped, making it difficult for an entire
family to survive.
Domestic workers are particularly vulnerable as they work in private
homes and depend on their employers for basic needs such as food and
shelter.

FEATURES OF BONDED LABOUR SYSTEM

In the Bonded Labour System employer and employee relationship is not fair,
decent and no freedom is given employee. The relation is based on exploitation,
torture, deprivation. Some features are following:

1
Global Slavery Index

Page | 12
  Poor working condition.
 Less or non-payment of wages.
 Long working hours 18-20 hours/day, no time for rest.
 Subjected to physical, sexual and economic abuse.
 No safeguards provided by principle employer
 Poor sanitation facilities.
 Unhygienic living conditions.
 No question of freedom.

CONSTITUTIONAL AND LEGAL

SAFEGUARDS
The socio-economic evil practice of Bonded Labour is one of gravest form of
violation of human rights thus legal framework against this practice is provided
at national and international levels. The constitution of India provides all its
citizens: equality, social justice, freedom of thought and expression, dignity.

FUNDAMENTAL RIGHTS
ARTICLE 14

The article 14 of Indian Constitution provides equality before law to all its citizen
i.e. all citizen must get basic amenities equally.

ARTICLE 15

Article 15 of Constitution prohibit the state from discriminating any citizen on

ground of any religion, race, caste, sex, place of birth or any of them.

ARTICLE 16

There shall be equality of opportunity for all citizens in matters relating

to employment or appointment to any office under the State.

Page | 13
ARTICLE 19 (1g)

Article 19(1)(g) guarantees to every citizen the right "to practice any profession,
or to carry on any occupation, trade and business.”

Every single person can choose their own profession. Any person cannot force
another person to work according to their wish. In bonded labour sometimes even
if the

ARTICLE 21

Article 21 of the Constitution guarantees right to life and personal liberty. The
practice Bonded Labour is gravest violation of right to life. No person or authority
can own the life of another human being.

RIGHT AGAINST EXPLOITATION

Article 23- 24 deals with right against exploitation which prohibits any kind of
exploitation or misuse of service of an individual by means of force and coercion.

ARTICLE 23

This article prohibits human trafficking, beggar or any kind of forced labour, any
contravention of this provision is punishable in accordance to law. Law does not
permit selling or buying of human beings like a commodity. Bonded Labour or
forced labour is a practice when a person renders service to his master with little
or no payment at all. This provision also prevents use of girls and women for
immoral purpose.

ARTICLE 24

This article prohibits the employment of children in factories, etc. It states that no
children under the age of 14 years shall be employed to work in factory, mine or
any hazardous work.

Page | 14
Unorganized sectors like fireworks, construction, mining hire minor children as
they smoothly take up new work and when they refuse to work they are physically
tortured.

DIRECTIVE PRINCIPLES OF STATE POLICY

ARTICLE 39

Article 39(a) provides that the citizens, men and women equally, have the right
to an adequate means of livelihood; Article 39 (d) provides that there is equal pay
for equal work for both men and women and Article 39 (e) provides that the health
and strength of workers, men and women, and the tender age of children are not
abused and that the citizens are not forced by economic necessity to enter
avocations unsuited to their age or strength.

Every bonded labour is somehow or other abused and forced to do work beyond
their capacity.

ARTICLE 42

The State shall make provision for securing just and humane conditions of work
and maternity relief. The unhygienic pathetic condition in which the workers
work is totally against this provision.

ARTICLE 43

The State shall endeavour to secure, by suitable legislation or economic

organization or in any other way, to all workers, agricultural, industrial or
otherwise, work and living wage, conditions of work ensuring a decent standard
of life and full enjoyment of leisure and social and cultural opportunities and, in
particular the State shall endeavour to promote cottage industries on an individual
or co-operative basis in rural areas.

UNDER MINIMUM WAGES ACT, 1948

Minimum wage is the wage which must provide not only for the bare sustenance
of life, but for the preservation of the efficiency of the workers. For this purpose,
minimum wage must provide some measure of education, medical requirements
and amenities.

Page | 15
Fair wage is the wage which is above the minimum wage but below the living
wage. The lower limit of the fair wage is obviously the minimum wage: the upper
limit is to be set by the capacity of the industry to pay.

Living wage is one which should enable the earner to provide for himself and his
family not only the bare essentials of food, clothing and shelter but a measure of
frugal comfort including education for his children, protection against ill-health,
requirements of essential social needs and a measure of insurance against the
more important misfortunes including old age.

THE BONDED LABOUR SYSTEM

(ABOLITION) ACT, 1976
1.What do you mean by the “Bonded Labour”?
Under section 2(e) of The Bonded Labour System (Abolition) Act, 1976 (e)
"bonded labour" means any labour or service rendered under the bonded labour
system;

(g) "bonded labour system" means the system of forced, or partly forced, labour
under which a debtor enters, or has, or is presumed to have, entered, into an
agreement with the creditor to the effect that.

(b) "agreement" means as agreement (whether written or oral, or partly written

and partly oral) between a debtor and creditor, and includes an agreement
providing for forced labour, the existence of which is presumed under any social
custom prevailing in the concerned locality.

2. Consequences which followed after the commencement

of the Act:
The consequences are as follows:

 With abolition of bonded labour system coming on effect 25.10.1975,

bonded labourers stand freed and discharged from any obligation to
render bonded labour.

Page | 16
  All customs, traditions, contracts, agreements or instruments by virtue of
which a person or any member of the family dependent on such person is
required to render bonded labour shall be void.
 Every obligation of a bonded labourer to repay any bonded debt shall be
deemed to have been extinguished.
 No suit or any other proceeding shall lie in any civil Court or any other
authority for recovery of any bonded debt.
 Every decree or order for recovery of bonded debt not fully satisfied
before commencement of the Act shall be deemed to have been fully
satisfied.
 Every attachment for the recovery of bonded debt shall stand vacated.
 Any movable property of the bonded labourer, if seized and removed
from his custody shall be restored to him.
 Any property possession of which was forcibly taken over by the
creditor shall be restored to the possession of the person from whom
seized.
 Any suit or proceeding for the enforcement of any obligation under the
bonded labour system shall stand dismissed.
 Every bonded labourer who has been detained in Civil Prison shall be
released from detention forthwith.
 Any property of a bonded labourer under mortgage, charge, lien or any
other encumbrance, if related to public debt shall stand freed and
discharged from such mortgage.
 Freed bonded labourers shall not be evicted from the homestead.

3. Relief to the aggrieved:

 The aggrieved person may apply to the prescribed authority for restoration
of possession of property (if it is not restored within 80 days from the date
of commencement of the Act).
 The prescribed authority may pass an instant order directing the creditor to
restore such property to the possession of the aggrieved.
 Any order by the prescribed authority to this effect shall be deemed to be
an order by a Civil Court.
 The aggrieved party may apply to have the sale of his property set aside if
the property was sold before commencement of the Act.
 If the mortgaged property is not restored to the possession of the bonded
labourer or there is some delay the bonded labourer shall be entitled to
recover such mesne profits as may be determined by the Civil Court.
Page | 17
 4. Implementation of authority:
Every district magistrate and officer have some responsibilities and duties abided
by law. Its their duty to ensure that the provisions of the Act are properly carried
out. It provides for the constitution of a vigilance committee at the district and
sub-divisional level, duties and responsibilities of such Committees in the area of
identification and rehabilitation of freed bonded labourers.

CONSTITUTION OF VIGILANCE COMMITTEE. –

Section 13

(2) Each Vigilance Committee, constituted for a district, shall consist of the
following members, namely-

(a) the District Magistrate, or a person nominated by him, who shall be the
Chairman;

(b) three persons belonging to the Scheduled Castes or Scheduled Tribes and
residing in the District, to be nominated by the District Magistrate;

(c) two social workers, resident in the district, to be nominated by the District
Magistrate;

(d) not more than three persons to represent the official or non- official
agencies in the district connected with rural development, to be nominated by the
State Government;

(e) one person to represent the financial and credit institutions in the district, to
be nominated by the District Magistrate.

FUNCTIONS OF THE COMMITTEE:

Page | 18
Section 14

(1a) to advise the District Magistrate or any officer authorised by him as to the
efforts made, and action taken, to ensure that the provisions of this Act or of any
rule made there under are properly implemented.

(b) to provide for the economic and social rehabilitation of the freed bonded
labourers;

(c) to co-ordinate the functions of rural banks and co-operative societies with a
view to canalising adequate credit to the freed bonded labourer;

(d) to keep an eye on the number of offences of which cognizance has been taken
under this Act;

(e) to make a survey as to whether there is any offence of which cognizance ought
to be taken under this Act;

(f) to defend any suit instituted against a freed bonded labourer or a member of
his family or any other person dependent on him for the recovery of the whole or
part of any bonded debt or any other debt which is claimed by such person to be
bonded debt.

(2) A Vigilance Committee may authorise one of its members to defend a suit
against a freed labourer and the member so authorised shall be deemed, for the
purpose of such suit, to be the authorised agent of the freed bonded labourer.

PUNISHMENT
According to the provision of the Act the practice of Bonded Labour is a
punishable offence. Under section-16 of The Bonded Labour System (Abolition)
Act, 1976, any person who compels another person to render bonded labour shall
be punished with an imprisonment which may extend up to 3 years and fine which
can go to extent of rupees two thousand. The Act further have provisions for
punishment for advancement of bonded debt, punishment for extracting bonded
labour system, punishment for omission or failure to restore possession of
property of bonded labourers and abetment of bonded labour.

Page | 19
 PENAL PROVISION FOR BONDED LABOUR
Section 374. Unlawful compulsory labour

IPC provides punishment for whoever unlawfully compels any person to labour
against the will of that person, shall be punished with imprisonment of either
description for a term which may extend to one year, or with both.

Further IPC classifies this offence as Cognizable, Bailable, Triable by any

Magistrate—Non-compoundable.

Realities IN ROOT LEVEL

 Often it has been found that many States take stand that are no bonded
labour in their states and all the necessary required measures has already
taken.2
 As India is truly agricultural based country the bonded labour system is
mainly prevalent in agricultural sectors but in the present time mining,
construction, domestic, brick kiln, etc has relatively high number of
bonded labours.
 Workers often migrate from one state to another, some of them come under
the category of bonded labour.
 Selling or buying of person also comes under this category.
 Eradication of bonded labour is not a one- time process. There is always a
chance of reoccurrence.
 Rehabilitation process is time consuming and sometimes incomplete it
results in the relapse of bondage all over again.

2
NHRC Know your rights

Page | 20
 Scheme for REHABILITATION of
bonded labour 2016
As there is an urgent need to rehabilitate the rescued bonded labourers so that
they can brought back to the main stream. To assist the state government in the
process of rehabilitation the Central Sector Scheme for Rehabilitation of Bonded
Labourer came into force in the year 2016.

The main features of the scheme are:

 Every State Government need to identify the districts where the bonded
labour is deeply embedded, the possible reasons for such existence and
suggest remedial measures.
 Conduct surveys to find out – rate of bondage, forms of bondage.
 A sum of rupees 2 lakh is provided to conduct surveys.
 Each state is granted with 10 lakh rupees annually for awareness generation
purpose.
 Each State Government is required to conduct five Evaluatory Studies in 5
districts/regions of the State every year through reputed research
organizations/ academic institutions/ NGOs.
 Rehabilitation grant has been enhanced from Rs. 10,000/- to Rs. 20,000/-
per freed bonded labourer, which is to be shared by the Central and State
Government on 50:50 basis. Out of this, Rs. 1000/- are required to be paid
immediately on release of a bonded labourer as subsistence allowance.
Role of District Magistrates in Rehabilitation

Page | 21
NHRC GUIDELINES FOR REHABILITATION
 A sum of Rs 5000 shall be paid immediately to the bonded labourer on
his/her release as subsistence allowance.
 An identified and released bonded labourer should be asked whether he
wants to stay in the same district or desires to be rehabilitated at his native
place.
 If the bonded labourer wants to stay in the same district, a copy of the
release certificate should be given to him and steps should be taken for his
rehabilitation at the same place.
 If the bonded labourer desires to be rehabilitated at some other place a
copy of the release certificate should be given to he and the other copy
should be immediately sent to the District Magistrate having jurisdiction
over the place chosen by the released labourer with a request to take steps
for his rehabilitation.
 If more than one member of a family is identified as bonded labourer on
their release each one of them shall be individually eligible to receive
rehabilitation assistance.
 If the released labourer happens to be a child above six years he/she shall
be entitled to rehabilitation under the Centrally sponsored scheme under
Bonded Labour System (Abolition) Act and also as a Child Labourer in
accordance with the provisions of Child Labour (Prohibition and
Regulation) Act 1986.
 A released bonded labourer must be paid Rs 5000/- for next two succeeding
month where the 1st payment is maid soon after his release.
 The rehabilitation package for the freed labourer should be prepared and
approved by the vigilance Committee within 3 months after release. The
package should be prepared in consultation with the beneficiary. He should
be given all information about different Schemes to enable him to select
one in accordance with his willingness interest and aptitude. He should be
asked to give his option for any one of the following schemes
a) Land based Rehabilitation Scheme

Page | 22
 b) Non-land Rehabilitation Scheme
c) Skill/Craft based Scheme
 A released bonded labourer who receives the-total amount of Rs.50 000/-
for implementation of rehabilitation package within three months of his
release shall not be entitled to rehabilitation assistance if he again falls in
debt trap leading to bondage.
 If released bonded labourer dies before receiving rehabilitation assistance
his dependents will be entitled to such assistance if they have not received
rehabilitation assistance in their own individual capacity.
 If land is available for allotment to the freed labourer and the labourer opts
for land Based Rehabilitation Scheme, the District Administration should
ensure that the land to be allotted should be of reasonably good quality. It
should also be ensured that the delivery system of inputs, credit facilities,
seeds and fertilizers etc. is in place.
 If more than one bonded labourer belong to the same family (family
consists of husband, wife, son & daughter) and they opt for rehabilitation
under Land Scheme, only the head of the family will be eligible for
allotment of land and input credit facilities for land-based scheme. The
other members of the family will however be eligible for non-land and
skill/craft-based rehabilitation.
 If land is not available for allotment to freed bonded labourer he has to
select from non-land Scheme or Skill Based Scheme. In case of non-land
Scheme, the District Administration should make arrangement for the
following-
(a) Milch cattle, cows, buffaloes etc
(b) Pugs, goats and sheep dependent upon the social sensibilities of the
labourer
(c) Minimum veterinary covers
(d) Institutional linkage with marketing
 If the labourer opts for Skill Based Scheme the rehabilitation package
should cover the following aspects
a) Identification of skills/craft
b) Supply of raw maternal implements working capital, work-shed
 Every released bonded labourer shall be deemed to be a person below
poverty line and entitled to all the benefits available to such persons He
shall be given a BPL ration card, Aadhar Card, NREGA job Card Jan-Dhan
Account Number as well as health insurance cover and any other scheme
considered as entitlement of the BPL families.

Page | 23
 ROLE OF NGO’s IN ERADICATION OF
BONDED LABOUR

As we already know that often state government try to hide the practice of bonded
labour because this might bad name to the administration. The NGO’s play a very
vital role in the identification and rescue of bonded labour all over the country.

 Human Rights Law Network (HRLN) a part of National Campaign

Committee for Eradication of Bonded Labour (NCCEBL) has put
tremendous efforts in identification and release of 88 bonded labour.
Bonded labourers rescued from brick kiln in SBS Nagar a team
NCCEBL, a part of Socio-Legal Information Centre (SLIC), Human
Rights Network (HRLN) New Delhi, in coordination with the district
authorities of districts Samba and Reasi raided illegal brick kilns
operating in the respective areas rescuing illegally trafficked bonded
labourers. Bonded labourers were trafficked from Chhattisgarh by an
agent who promised them work and later made them do forced work or
beggar for contractors operating brick kilns in Anantnag District of
Jammu & Kashmir.3

NGO’s create legal awareness programme about their rights which they can used
to fight the atrocities against them. Bonded labour often feels comfortable to
report to NGO’s than to police as police hardly take steps to rescue them.

3
NCCEBL

Page | 24
 SUPREME COURT JUDGEMENT

AIR 1984 Supreme Court 802

P.N. Bhagwati, R.S. Pathak and Amarendranath Sen JJ
Writ Petition No.2135 of 1982
Bandhua Mukti Morcha Vs. Union of India and others
Date of judgement - 16.12.19834

FACTS: A survey was made in stone quarries of Faridabad near

Delhi and it found that large number of labourers from Madhya
Pradesh, Uttar Pradesh, Rajasthan and Orissa were working in
inhuman and intolerable conditions. Petitioner filed a case pointing
out that many labourers were working under bondage for at least 10
years.

Supreme Court Decision:

Court laid down measures for rehabilitation and supportive
environment for mine workers. Direction was given to
assistant 1abour commissioner and the deputy 1abour commissioner
verify whether the nine mining lessees to whom notice had been
issued were paying the labourers wages that was commensurate with
the Minimum wages Act.

AIR 1984 Supreme Court 1099

P.N. Bhagwati and Amarendranath Sen JJ
Writ Petition (Criminal) No.1263 of 1982
Neerja Chaudhury Vs. State of Madhya Pradesh
Date of judgement - 08.05.19845

4
Manupatra Articles
5
Manupatra Articles

Page | 25
 FACTS: The main issue was rehabilitation of the released bonded
labours. 135 labourers of the Faridabad stone quarries were not
rehabilitated even after long time span passed after their release.
Petitioner prayed before the court to direct the State government to
immediately rehabilitate of the released bonded labourers.

Supreme Court Decision:

Court said that it is clear violation of article 21 and 23 of the
Constitution by the State. Court also said that merely identification
and release of bonded labourers is not enough it is important that
identified and released labourers must be rehabilitated as soon as
possible because if they are not rehabilitated properly then they
might fall in trap of the same bondage again. Even the social groups
working in the grass root level must be fully involved in
dentification and release of the bonded labourers.

Shankar Mukherjee v UOI (1990)

AIR 532, 1989 SCR Supl. (2) 1826

Where the Supreme Court held that the Contract Labour Act, 1970
is a welfare legislation that must be interpreted liberally in favour of
the labourers. The court further held that the system of contract
labour is just another form of bonded labour and it should be
abolished due to its baneful effect.

LIMITATIONS

 India is truly an agricultural based country where the caste hierarchy still
exist in 21st century so still in some remote villages lower caste people are
working under the shackles of bondage system and it is very difficult to
trace such villages.
 Due to generation wise practice people are unaware of their rights and
duties so they consider the bonded labour system as quite normal and
accept their fate rather breaking the chain.

6
Manupatra Articles

Page | 26
 Most of the State government take stand that no bondage system exists in
their states keeping this evil practice in shadows.
 Dialect is one main restriction because SC’s & ST’s has their own language
which is difficult to understand.
 People working under this system do not share their problem with outsiders
because they think their employer will not provide them with payment,
physically abuse them, etc.

SUGGESTIONS
 View the problem of bonded labour as the violation of fundamental rights
of a citizen.
 Though laws are made for the bonded labour issue but the implementation
is not made problem and the problem cannot be eradicated until a joint
effort is made by the central and state government.
 Some of existing laws must be reviewed properly as it is quite lenient
approach towards principle employer and the agent.
 Compulsory and free education must be provided to all children till the age
of 14 years.
 Workshops and seminars must be held on bonded labour issue so that
NGO’s work systematically for eradication of labourers from the chain of
bondage.
 More job opportunities must be provided so that people do not fall in trap
of the bonded system.
 To spread awareness among poor parents to send their wards to school
rather than sending them to work.
 Vocational training of skill must be taught in the village school apart from
bookish knowledge.
 Free medical check facilities must be provided in all working sites.
 Land must be provided to all poor families so that they can cultivate in the
field.
 One person must be appointed in each of the villages to keep a check if
there is any bondage system in practice.
 Wages must be payed regularly to labourers who are working under
registered sectors.
 Employer must provide hygienic conditions of living. Perks and other
benefit also must be provided like medical, maternal leave, food, etc.
Page | 27
 CONCLUSION

Bonded Labour or Bandhua Mazdoori system exist since era of the

zamindari system though the zamindari system is eradicated almost from
the roots but the bondage system still exists in different forms all over the
country.
It is an alarming situation to abolish this system from India as it is very
much unfortunate for a country who wants become a world leader in 21st
century.
According to the 2016 Global Slavery Index, India has the most slaves in
the world. There are an estimated 46 million people enslaved worldwide
with more than 18 million of them in India.7
Bondage basically means giving up on freedom to life the life with dignity
and equality and inviting abuse to oneself by being a slave to another
person. The legal provisions by international and national law have enough
reasons to combat the problem of bonded labour system. The social
workers and NGO’s are trying in every possible way to eradicate the
bonded labour system but only their effort is not enough the people of India
must put a combine effort to curb this system and release the slaves from
the chain of bondage. Until India can provide employment opportunity to
every eligible person out there it is impossible to stop the system of
bondage because after all poor fall in trap of this system to earn their living
and support their family economically.
We have to visualize the problems and have to look for remedy outside the
framework of law as well.
Legal awareness program must be held in village to make the people aware
of the legal rights. The children must be provided with free and compulsory
education till 14 years of age. There is an urgent need to check the prevalent
caste hierarchy and bondage system in the society.

7
Global Slavery Index

Page | 28
 REFERENCES
 https://indiankanoon.org/doc/364556/
 NHRC guidelines
 ILO report “stopping forced labour” (2001)
 Universal Declaration of Human Rights.
 Bonded Labour System Abolition Act (1976), Government of India
 The Minimum Wages Act, 1948
 Ipleaders.com
 Workshop Book by HRLN, Delhi
 www.antislavery.org
 www.iaspaper.net
 www.thebetterindia.com
 www.ilo.org
 Manupatra Articles
 www.globalslaveryindex.org

Page | 29
 PRACTICAL WORKS
Bonded Labour Case

A trafficked girl child bonded laborer name: Tala May Tudu, daughter of Chotu
Bhakum Tudu, aged 15 years, a minor, permanent resident of Sanjhor Village,
Baccha Panchayat, Mandro Block, District Sahebganj-813208, Jharkhand.

4 years ago, the girl child was trafficked from Jharkhand to Delhi by a lady whose
name the girl didn’t know, however she can identify her by looking at her face.
According to investigation, this lady is known as Manisha, who runs a placement
agency for domestic workers in Delhi. The lady (Trafficker) is a permanent
resident of Village-Adro, Baccha Panchayat, Mandro Block, District-Sahib Ganj,
Jharkhand.

The child was trafficked by above mentioned lady, Manisha and her parents in a
train to Delhi, where she was handed over to Manisha’s Placement Agency’s
Delhi Office. Manisha placed the girl child to Mr. Rajesh Maran and Priyal
(Geetu) who were residents of B-15, B-Block (West Delhi), 2nd Floor,
Mansarover Garden, who employed her against her will and used to threaten her
that if she tried to run away, the police will catch hold of her. She was beaten up
and was forced to do household work without any wages by Rajesh, Manisha,
Priyal and Manisha’s parents.

The mother of the girl child came to Delhi to Manisha’s office and pleaded and
fought to rescue her daughter from Manisha’s office. She wanted to file a
complaint against Manisha in Delhi. However, Manisha’s father manipulated the
mother and the girl child and forced them to go back to Jharkhand so that they
cannot file a complaint against them in police Station in Delhi.

The mother and child were helped by the organization and were provided food
and temporary shelter from 22.05.2018 to 04.06.2018. The organization also
helped both the child and the mother in gaining several permissions and reliefs
from higher authorities.
Page | 30
Certain Law Provisions were violated by the above-mentioned people like: -

 Violation of Section 370 of The Indian Penal Code

 Violation of Section 2 (a), (d), (e), (f) and (g) of Bonded Labour System
(Abolishment) Act, 1976.

 Violation of Section 374 of the Indian Penal Code

Following is list of all documents sent and received to/from the higher
authorities regarding the case:

An application, written by Biti Hembrom, mother of Tala May Tudu was sent to
The Chairperson, Child Welfare Committee, Nirmal Chhaya Complex, Jail Road,
Hari Nagar, New Delhi – 110064 complaining about the trafficking and working
conditions of her child Tala May Tudu on 22.05.2018.

The Organization sent mail and hard copy of complaint was sent to DCP, West
Delhi & SHO, Kirti Nagar, Delhi and requesting for recording of statement of the
rescued child bonded laborer and telling about the provisions violated by the
traffickers and other accomplices on 22.05.2018.

The Child Welfare Committee directed the SHO, Police Station Mansarover
Garden to make an inquiry and take appropriate action into the matter on
22.05.2018.

The organization sent an email and hard copy to Deputy Commissioner, West
Delhi requesting the urgent recording of the statement if the rescued girl child
bonded laborer, Tala May Tudu on 22.05.2018.

On the directions of the Child Welfare Committee, The Sub-Divisional

Magistrate recorded the statement of the girl child bonded labour, Tala May Tudu
on 25.05.2018.

The girl child was not well and was taken to Safdarjung Hospital, New Delhi for
a regular checkup on 25.05.2018.

Page | 31
 An e-mail was sent to The Chairperson, Child Welfare Committee, Nirmal
Chhaya Complex, Jail Road, Hari Nagar, New Delhi – 110064 requesting
the restoration of child Tala May Tudu on 01.06.2018
 An application, written by Biti Hembrom, mother of Tala May Tudu was
sent to The Chairperson, Child Welfare Committee, Nirmal Chhaya
Complex, Jail Road, Hari Nagar, New Delhi – 110064 requesting the
restoration of her child Tala May Tudu on 01.06.2018
 An application, written, was sent to The Chairperson, Child Welfare
Committee, Nirmal Chhaya Complex, Jail Road, Hari Nagar, New Delhi –
110064 requesting the restoration of the child Tala May Tudu on
01.06.2018

Page | 32
To

Collector

Rajkot District, Gujarat

Subject- Rescue of Trafficked Child Bonded Laborers

Dear Sir,

The National Campaign Committee on Bonded Labour has received a complaint

from Labour Line, Udaipur, Rajasthan dated 7th May 2018 regarding rescue of
trafficked child bonded laborers from restaurants and Dhabas in your respective
district. Please find the attached complaint. The representative of the labour line
and the NCCEBL will meet you today. Kindly constitute a team under the
Bonded Labour System Abolition Act 1976 to address his concerns.

In our last case, the organization requested you to record the statement of the
survivors but the chairperson of the Vigilance Committee (under the
Bonded Labour System Abolition Act 1976) did not record the statement as was
required. The following act, was him sending the children to their native place
and the children were repatriated.

Thereby, we request you to record the statements of the children and adult
survivors in the presence of the Vigilance Committee as well as your presence.
Kindly investigate the matter under the Bonded Labour System Abolition Act
1976, Interstate Migrant Works men Act 1979, SC/ST Prevention of Atrocities
Act 1989 and IPC Section 370 and take necessary actions.

It would be great if the concerned authorities could keep us updated of the

measures taken for the survivors by the authorities.

Thanking you,

With Regards,

Nirmal Gorana

Page | 33
Convener

National Campaign Committee for Eradication of Bonded labour (NCCEBL)

576, Masjid Road, Jangpura, New Delhi-14

Mo. 9899823256

Page | 34
Domestic Violence Case:
IN THE HIGH COURT JUDICATURE OF DELHI

CRIMINAL ORIGINAL JURISDICTION

WRIT PETITION (CRIMINAL) NO. OF 2018

(Under Article 226 of the Constitution of India)

In the matter of

Sajma, Aged about

W/O Kamal Uddin

D/O

Residing at Khajoori, Delhi …...Petitioner

Versus

Kamal Uddin, Aged about

S/O

Residing at Khajoori, Delhi …...Respondent No 1

Rehana, aged about

W/O Md. Kamal Uddin

Page | 35
D/O

Residing at Khajoori, Delhi ……Respondent No 2

THE HUMBLE PETITION OF THE PETITIONER ABOVENAMED

MOST RESPECTFULLY SHEWETH:

1. That the Petitioner and the Respondent were lawfully married according to
traditional Islamic Faith on the 15th day of August 2017 at the Khajoori in
Delhi.

2. Petitioner stayed with the respondent for 26 days after their marriage. Ever
since then the complainant has been suffering physical, mental and
economic abuse, pain, helplessness, unhappiness, anger on account of
respondent. Eventually unable to bear the trauma and agony, complainant
fearing for her life, being destitute without any money has been constrained
to file this present complaint.

3. Respondent No 1 before marrying the complainant told that he had already

separated from his first wife Rehana and he also brought a fake Talaqnama.

4. After completion of 26 days of their marriage respondent told petitioner

that his mother was not well and respondent will make a visit to his mother
at Bignour when complainant wanted come with respondent he refused to
take her and he dropped complainant to her father’s place i.e. Shastri Park.

5. Respondent No 1 went to meet his first wife i.e. respondent no 2 and

brought her back to Khajoori with her 4 children.

6. Complainant was beaten up by respondent No 1 and 2 on several occasions.

Respondent No 1 gets into rage he abuses complainant physically and
mentally. Complainant tolerated everything in the hope that he might
change.

7. The Respondent no 1 forced complainant many times to have unnatural sex

which used cause great pain to the complainant.

Page | 36
8. Complainant states that Respondent no 1 along with 8-10 other people
came to complainant’s father’s place and forcefully took 2 gold rings which
complainant was wearing at that time.

9. Respondent no 1 threatened complainant and her family members and said

that he would put complainant’s brother behind the bars in false case.

10.Complainant’s family spoke to respondent no 1 and asked whether

respondent no 1 want to continue his marital relationship with complainant.
Respondent no 1 answered positively and agreed to take care provide
economic support to complainant.

11.Respondent no 1 transferred a plot of land in the name of complainant.

12. Respondent no 1 took advantage of complainant’s innocence and

manipulated that he was having some debts and obtained her signature in
property paper of plot leaving nothing for her.

13. An agreement was made between respondent no 1 and complainant in the

Seelampur Court, Delhi where respondent told that he will give both his
wives i.e. complainant Sajma and Respondent no 2 Rehana and he will
provide a house and monetary support to each of them.

14. According to the agreement Respondent no. 1 provided a house to

complainant where he used to visit occasionally.

15. Respondent no 1 gave a sum of rupees 6000/- to complainant in the 3rd

month.

16. After completion of the 3rd month he started giving 100 rupees everyday
to complainant which he continued for 2 months and then stopped
providing any money to complainant.

17.Complainant has no means of livelihood so she asked respondent to a sum

of rupees 200 everyday which he refused to give.

18. On 3rd June 2018, Respondent no 1 i.e. Kamal Uddin called complainant
fraudulently to Khajoori and said that he arranged a plot for her.

Page | 37
19. Respondent No 1 beaten up the complainant furiously he banged her head
against the wall which caused the complainant much pain and resulted in
blue eyes.

20.Respondent No 1 also told complainant to talaq 3 times.

The MLC Report and complaints are annexed below.

Page | 38
Mrityubhoj Case
To,

District Magistrate

Udaipur

And

Subject: Stop Mrityu bhoj under Mrityu bhoj Prevention act 1960.

Dear Sir, /Ma'am,

It is to inform you that an event of Mrityu bhoj is going to be organised by

Ambalal Hukamraj, Ganpatlal Ch Vinod Chav, Chandrasekhar, Ishwar, Pritam,
Kailash, Satish, Jitendra, Bhupendra and all Joshi family on the demise of Smt.
Pyaaribai Naagda on 14/06/2018 in village of Joshiyo ki Bawadi Lakkhawali
Tehsil: Badgaon District- Udaipur

Please refer the attached evidence soft copy of the invitation for Moser and other
details.

Organising an event which is prohibited under Mrityu bhoj Prevention act 1960,
is a punishable act.

Request you to please take necessary action to prevent the event being organised.

Thanking you,

Regards,

Page | 39