The term Bonded Labour can be precisely interpreted from the quote “We do not stop if we are ill- what if our debt is increasing? So we don’t dare to stop.” This is exactly how bonded labour is being uninterruptedly observed in India. Bonded labour also known as Debt Bondage is the most common form of slavery in which the pledge of an individual’s services security for the reimbursement for a debt, where the terms of reimbursement are not evidently mentioned, and the individual who is holding the debt, thus has some control over the laborer. In a laymen’s language when a person is forced to work to pay off a debt is called bonded labour.
Lately, Supreme Court issued notice on a PIL seeking urgent release and rehabilitation of 187 victims of bonded laborers (including pregnant women, children and infants) who are being held at brick kilns in Bihar and Uttar Pradesh. Brick kiln is a kiln or oven in which bricks are baked or burned. The bench additionally gave notification to the centre and others on the plea which has further sought a direction to the concerned authorities to outline “explicit guidelines to rescue, protect, rehabilitate and repatriate bonded laborers amid the Covid19 pandemic considering measures to guarantee access to shelter, food supplies, remuneration and for wellness program” during the pandemic.
Background of this plea
In April 2019, the petitioner, social worker Zahid Hussain obtained details pertaining to three cases of bonded labour at here distinctive brick kilns in the state of Bihar and Uttar Pradesh. After going through detailed investigation on crime linkages of traffickers, transit and destination areas, the petitioner with the aid of a civil society organisation filed three written complaints before the National Human Rights Commission (NHRC) on May 8, 2020. On may 11, 2020, NHRC took this matter into their hands and issued an order to respective District Magistrates of Sambhal, U.P., as to conduct a spot inquiry within 15 days but no action were taken by the concerned authorities and because of that, the petitioner was urged to file a writ petition. The PIL submits the violation of Article 21, 23 and 24 under the constitution.
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Legal provisions regarding release of Bonded Labour
Major provisions of Bonded Labour System (Abolition) Act, 1976: –
Chapter 2
Section 4 of the Act deals with abolition of Bonded Labour system which is presumed to be existed prior to the act and also compels any individual to provide his labour.
Section 5 of the Act declares all agreements, customs etc in which an individual is forced to work as bonded laborers to be Void.
Chapter 3
Section 8 of the Act says that discharged bonded laborer shall not be evicted from any homestead which they were occupying immediately before the initiation of this act.
Section 9 of the Act prohibits the creditor from accepting any amount with respect to any bonded debt, and violation of this shall be punishable with imprisonment for a term which may exceed up to 3 years and also with fine.
Chapter 4 and 5
Section 10, 11, 12, 13, 14 and 15 of the Act deals with fair and just practicing of activities related to bonded labour and accordingly taking action against malpractices and appointing Vigilance Committee to monitor the activities.
Chapter 6
Section 16, 17 and 18 of the Act provides with punishment or fine if any individual pressurizes anyone to render bonded labour, which makes agreements of bonded labour and also for the ones who advances bonded debt.
Section 19 punishes the person who fails to restore possession of such property to such bonded laborer and Section 20 of the act punished the abettor who abets anyone to do such act.
Section 20 empowers state to conduct trials for the offences mentioned above; section 21 declares every offence under this act as cognizable and bailable and section 23 of the act implies, if this practice is entertained by any company than all such persons associated with this company will be charged accordingly.
Other relevant laws are: –
• The Scheduled Castes and The Scheduled Tribes (Prevention of Atrocities) Act, 1989
• The Indian Penal Code, 1860
• THE MINIMUM WAGES ACT, 1948
• THE INTER-STATE MIGRANT WORKMEN (REGULATION OF EMPLOYMENT AND CONDITIONS OF SERVICE) ACT, 1979
• THE CHILD AND ADOLESCENT LABOUR (PROHIBITION & REGULATION) ACT,1986
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Procedure
Firstly, the information is received about a bonded labour; it can be from a bonded labour only, or maybe a third person, and NGO that deals with the database of bonded laborers.
Secondly, an inquiry is conducted immediately after receiving the complaint and the objective of this inquiry is to conduct a worksite inquiry and assist the bonded laborers.
Thirdly, conducting a detailed inquiry at safe location and interviewing the laborers and verifying the facts, in order to check whether they have been forced to work or not in bonded labour system.
Lastly, post inquiry procedure should include releasing of the laborers and providing them release certificates and immediately after this giving the amount of rehabilitation to the laborers, furthermore making arrangements for the victims to transfer them to their native places and making sure they don’t get harassed and get the support from the local police whenever they feel like.
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Critical Analysis
It’s 2020 but bonded labour is still a concern in India and despite the laws being in place, it somehow remains a problem embedded in the society. The viral outburst has underlined the bonded laborers miseries. The Centrally Sponsored Plan Scheme for rehabilitation of Bonded Laborers has been there since 1978 to rehabilitate those recued successfully. But then cases have not been addressed productively and hence they are being pending in the court for the last five, seven years. No Action has been taken against that. They reach a phase where if the accused is present, then the court is not functioning; if the court is functioning, the victim hasn’t been called. And if by any chance both accused and the victim are there, then the investigation police officer found to be absconding.
Unfortunately, after having all possible measure, India has substantial numbers of Bonded Laborers, thanks to the poor implementation of the four-decade-old labour law, deprived police and judiciary, and all sorts of inequalities which still tend to exist. Only way to minimize bonded labour is to take preventive measures, by promoting healthy work and by striking down possible forms of bondage and by eliminating coercion in the worker-employer relationship.
Apart from assistance, rescuees also get a state issued rescued certificate (RC), which makes them entitled to rehabilitations measure. Why RC is so important because without it employer can easily say that the laborer still owes him the money, and force him to work again. RC guarantees that debt is put off and he can avail rehabilitation benefits.
One of the many reasons why bonded labour is ongoing to trap so many Indians is because of poverty, with many repeatedly taking up this work out of necessity.
Conclusion
To sum up, bonded labour is likely the least acknowledged form of slavery and yet, surprisingly, it’s the most widely practiced form of slavery. National human Rights Commission is taking every possible step to curb this ongoing practice and even the Supreme Court has condemned this practice in any form whatsoever.
But this isn’t enough, as we must take initiative against any system of forced labour and should voice out our opinions if felt necessary as this is a system which demeans a human to the lowest level. It should not only be outlawed by law but also be seriously scrutinized and accordingly penalized. Thus, no one should condemn forced labor, regardless of its form.
Author: Ekanksh Shekhawat
