The phenomenon of bonded labour is a form of forced labour in which the debtor pledges his body or the body of a member of his family for a loan and he renders services to the loan provider till the loan is repaid. The loan amount is manipulated in such manner that it is very difficult for the debtor to repay the same. The end result is the continued exploitation of the loan taker and his succeeding generations. Some expresses ignorance about this phenomenon in India while others simply deny the very existence of this evil practice. The end result is a continued exploitation of these bonded labourers. To aggravate this sad position we maintain a perpetual apathy towards the upliftment and emancipation of these unfortunate human beings.
II. THE VICIOUS CIRCLE
The phenomenon of bonded labour is a "vicious circle" where each factor is responsible for further subjugation and apathy of the bonded labourers. The first part of the chain forming the vicious circle is the survival capabilities of this system. It is a relic of colonial and feudal system, which is still continuing. This relic is deeply rooted in the social customs and traditions, treating it as a normal practice. This results in the creation of a "hierarchical pattern" of society forming unequal classes in terms of superiority and inferiority. The so-called higher classes then commit all sorts of atrocities upon the considered lower classes. The perpetual and unabated exploitation of these labourers' affects their psychology and they start considering it as their acceptable destiny. These labourers are illiterates' as well hence they do not get suitable jobs. The lack of jobs coupled with their social and economic poverty further makes them vulnerable to the system of bonded labour. There is an inequitable distribution of wealth as well in the form of disproportionate land and assets. This results in surplus labour market than demand and leads to unemployment, underemployment and disguised unemployment. The recourse to loans and debts is then taken to by these labourers to meet their essential expenditures. They are provided low wages while working for the loan giver and are not allowed to work somewhere else. Even if they adopt the method of distress migration they have to face the same vicious circle again.
III. THE FIGHT AGAINST BONDED LABOUR SYSTEM
The system of bonded labour is prohibited both at the international and national levels. Article 4 of the Universal Declaration of Human Rights, 1948 prohibits slavery and bonded labour. The Constitution of India also forbids the system of bonded labour. The following provisions of the Constitution are relevant in this regard:
(a) Preamble: The "Preamble" to the Constitution provides "social justice and equality" to all and does not permit the system of bonded labour to operate. The preamble is a "basic feature" of the Constitution that cannot be taken away even by the "legislature" by exercising its constituent amending powers. Thus, if the system of bonded labour is allowed to operate it will be against the basic theme of the preamble.
(b) Articles 14, 15 and 16: These Articles provide right to equality and equal treatment to all and prohibits the system of bonded labour.
(c) Article 19(1)(g): Article 19(1)(g) of the Constitution confers a freedom of trade and profession on all citizens including the bonded labourers. Thus, their right U/A 19(1)(g) will be violated if they are engaged as bonded labourers.
(d) Article 21: Article 21 confers a right to livelihood and a right to live with human dignity. The concept of livelihood encompasses within itself "fair wages" and other amenities. The unjustified low wage is a direct violation of the right to livelihood U/A 21. Similarly, being in a state of bonded labourer is a flagrant violation of the right to live with human dignity U/A 21 of the Constitution.
(e) Article 23: Article 23 provides a right against bonded labour and make its practice punishable according to law. The Contract Labour (Regulation and Abolition) Act, 1970, the Bonded Labour System (Abolition) Act, 1976 and the Inter-State Migrants Workmen (Regulation of Employment and Conditions of Service) Act, 1979, etc are some of the laws dealing with the system of bonded labour. If the workers are employed in derogation of these laws than their rights under these laws are violated.
(f) Article 24: Article 24 read with Article 23 prohibits the employment of children as bonded labourer generally irrespective of the nature of employment. Further, no child below 14 years can be employed in a hazardous employment irrespective of the fact whether he is a bonded labourer or not.
IV. REASONS FOR UNSATISFACTORY RESULTS
The presence of these rights has not contributed much in the emancipation and rehabilitation of the bonded labourers due to the following reasons:
1. Lack of awareness
2. Social and economic dependence of weaker sections on moneylenders,
3. Lack of assistance from government,
4. Lack of facilities,
5. Lack of administrative and political will to take the matter seriously,
6. Improper utilisation of resources meant for bonded labourers,
7. Misappropriation of funds meant for the rehabilitation and emancipation of bonded labourers,
8. Hampering of rehabilitative programmes due to lethargy,
9. Over burdening of NGOs and voluntary organisations working for the betterment of these bonded labourers,
10. Non-enforcement of penal provisions meant for prevention of bonded labour,
11. Lack of accountability of persons dealing with the enforcement of various laws dealing with the prevention of the system of bonded labour, etc.
V. JUDICIAL RESPONSE
The judicial response is positive and rehabilitative in this regard.
1. In Dharambir v State (1979) the Supreme Court held that prisoners are entitled to fair wages while doing work in the jails. The court held that free labour by prisoners is violative of Article 23 of the Constitution.
2. In PUDR v UOI (1982) the Supreme Court held that giving wages below the limits set by the Minimum Wages Act would amount to forced labour.
3. In Bandhua Mukti Morcha v UOI (1984) the Supreme Court issued directions for the release and rehabilitation of bonded labourers engaged in the mining operations.
4. In Neerja Chaudhary v State of M.P (1984) the Supreme Court expressed anguish over the indifference of the government towards the rehabilitation of released bonded labourers.
5. In Shankar Mukherjee v UOI (1990) 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.
6. In PUCL v State of TN (2004) the Supreme Court appreciated the role of NGOs in the prevention of bonded labour and their emancipation. The court further observed that the approach of judiciary should be benevolent towards bonded labourers.
VI. THE ROADS AHEAD
The problem of bonded labour is dynamic in nature and it can reoccur at any point of time. Thus, the bonded labourers must be rehabilitated as soon as possible after their release. If this is not done than it is a remedy worst than the malady because these labourers will die of starvation. Thus, before releasing the bonded labourers a sound rehabilitative planning is inevitable. The following measures can be adopted in this regard:
1. Public awareness and education is a must,
2. Productive and income generating schemes must be formulated in advance otherwise they will again fall back upon the system of bonded labour after their release,
3. These schemes should be chosen after duly consulting the concerned labourers and NGOs involved in their emancipation and rehabilitation,
4. The government should work on a priority basis in areas vulnerable for the system of bonded labour and for the rehabilitation of already releases labourers,
5. An effective and speedier grievance redressal machinery should be established for proper disposal of cases pertaining to bonded labour,
6. A humanitarian training programme should be formulated for persons dealing with bonded labourers,
7. There should be a system of summary disposal of cases under various laws dealing with the evil of bonded labour,
8. There should be a strict enforcement of the welfare and labour legislations,
9. There should be more stringent penal laws for effectively dealing with the menace of bonded labour etc.
© Praveen Dalal. All rights reserved with the author.
* Consultant and Advocate, Delhi High Court, India.
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