This article is written by Simran Kaur Bilkhu, a law student at Balaji Law College, Pune University during her internship with LeDroit India.
Introduction
Bonded Labour is implicated as a form of forced labour with binding serfdom gleaned from debt. Bonded Labour alias called Debt Bondage is a form of forced labour; it elicits constraints on the condition and duration of the work done by an individual. Not all are forced but most forced labour practices are bonded in nature, whether they involve children or adults. Delinquent to this labour ending by Render services to the creditor for a specifiedunspecified period with no wages or limited wages.
Forfeit the right to move freely. Forfeit the right to sell the product or property at the market value from his labour or service, mentioned in the Bonded Labour System (Abolition) Act 1976. Span to which bonded labour and child labour in publications have been showcased discrete, whereas India has the largest democracy to which the cause and consequence could bring up children to fill in labour space. To which a child is forced in doing heavy physical work that tenses their health, physically and mentally to stage the tasks that they are physically unprepared for.
Bonded Labour branches from a variety of causes, a bequest embedded of caste discrimination, poverty, inequality, lack of education, biased social relations and the disinclination to alter the status quo.
What is Bonded Labour?
A bonded labour is an agreement that results in an unquestionable loss of freedom on the bit of the debtor. Although the scope of loss of freedom has not been denied. The National Rights Commission has been illuminated on the scope as
- Loss of freedom of employment or alternative avenues of employment to sustain a decent livelihood.
- Loss of freedom of one to earn a minimum wage as in notice to the government.
- Loss of freedom to move from one part of the country to the other.
Simplifying-ly speaking the system of bonded labour refers to an agreement entered into by the creditor and the debtor wherein it is for the rendering the services of the debtor as a mode for the said amount. This said agreement may derelict with time or may pursue for an undetermined period.
Also cited as debt bondage or considering the insufficiency of words, it is also named as debt salary. It is important to register that not all forms of bonded labour are forced but all the forms of bonded labour indulge in a certain level of bondage. It is the reason for which the The Constitution of India abolishes the practice of bonded labour.
Provisions
The paramount and prime shield against exploitation of human lives and liberty, Article 21 is a part of the basic structure of the Constitution that cannot be amended. It secures the right to live and the right to life with dignity to every person here in India. So, any practice of Bonded Labour would be a breach of this provision as it deprives a person of numerous liberties.
Article 23 of the Constitution explicitly provides for the abolition of forced labour and forbids this bonded labour in India, also covers other factors like human trafficking and beggar.
The next Article 39 looks over part IV of The Indian Constitution which deals with Directive Principles of State Policy, although is not enforceable but are premeditated indisputable for proper governance. It directs the State to secure the right to an adequate livelihood, to coin its policies with the aim that no citizen shall be forced out of economic necessities to enter into hobbyhorse not suitable for them. Article 42 states that the state must ensure that every person has a working condition that is just and humane for them, however, it cannot be enforced as it comes under Part IV. In the coming Article 43, it directs the State to secure conditions for work, ensuring a decent standard of living.
In addition to these legislations in conformity with Contract Labour (Regulation and Abolition) Act 1970, Minimum Wages Act 1948 and the Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979 and even the Indian Penal Code 1860. IPC recognizes offences of unlawful compulsory labour and has punished imprisonment with a term extendable to 1 year or with a fine or both. While in Minimum Wages Act 1948 sets the minimum wage for a particularized employment and requires that the overtime be paid to whoever is working beyond their working day.
Similarly, the Bonded Labour System (Abolition) Act 1976 imposes imprisonment for a term up to 3 years as well as with a fine of up to Rs 2000- and it only applies to whoever compelling a person to render their services, advancing the bonded debt. Offences under this Act are cognizable and bailable. As the consequence of abolition after 1976 under the Act of 1976, all the bonded labourers are freed and discharged from all the obligations to render their bonded labour, All the customs, traditions, contracts, agreements, instruments by virtue is required to render bonded labour which will now be deemed as void, obligation to repay any bonded debt shall be deemed to be extinguished, decrees for recovery not fully satisfied shall be deemed as fully satisfied, Every property from the possession or forcibly taken from, shall be restored, who has been detained in Civil Prison shall be released and Freed bonded labourers shall not be evicted from their homestead.
Laws in India
Other than the above mentioned constitutional provisions and safeguards, there are also a few legislations that are taken actions at hand besides the main law governing the practice of bonded labour being The Bonded Labour System (Abolition) Act, 1976. Furthermore, there are still a few more legislations in concord with the major law in India for instance Contract Labour (Regulation and Abolition) Act1970, Minimum Wages Act 1948 and the Inter-State Migrant workmen (Regulation of Employment and Conditions of Service) Act, 1979 and also the Indian Penal Code 1860.
Unlawful compulsory labour and the offence recognised by the Indian Penal Code and it imposes a punishment of imprisonment for a term extendable to 1 year or with a fine or both.
The Minimum Wages Act 1948 sets the minimum wage for particular catalogued occupations and requires that overtime be paid to whoever working beyond the general working day.
Correspondingly, the Bonded Labour System (Abolition) Act 1976 prescribes imprisonment for a term up to 3 years and a fine up to Rs. 2000-. This is for the people who has been enthralling am another person to render their service under bonded labour and whoever is forging ahead of the bonded debt, the offence under this Act is bailable and cognizable.
Repercussions of Abolition under the Act of 1976
- All the bonded labourers are freed and liberated from all the said obligations to render their bonded labour.
- any customs, traditions, contracts, agreements or any instruments by the virtue of which any person is liable to render the bonded labour to some other person is now to be deemed as void.
- A bonded labourer’s property that has been withdrawn from his custody or forcibly seized from him must be returned to him.
- All bonded labour debt recovery decrees that were not fully paid before the Act’s enactment will be deemed fully satisfied after the Act’s enactment.
- Every bound labourer’s responsibility to repay any bonded debt is assumed to be discharged.
- Every bonded labourer incarcerated in the Civil Prison will be released.
- Homesteads of freed bonded labourers are not to be evicted.
Supreme Court Case on Bonded Labour
In the case of Neerja Chaudhury v. State of Madhya Pradesh, the Supreme Court stated that- “It is the plainest requirement of Articles 21 and 23 of the Constitution that bonded labourers must be identified and released and on release, they must be suitably rehabilitated… Any failure of action on the part of the State Government[s] in implementing the provisions of [the Bonded Labour System (Abolition) Act] would be the clearest violation of Article 21 and Article 23 of the Constitution.”
In the case of Neerja Chaudhury v. State of Madhya Pradesh, the Supreme Court stated that- “It is the plainest requirement of Articles 21 and 23 of the Constitution that bonded labourers must be identified and released and on release, they must be suitably rehabilitated… Any failure of action on the part of the State Government[s] in implementing the provisions of [the Bonded Labour System (Abolition) Act] would be the clearest violation of Article 21 and Article 23 of the Constitution.”
Conclusion
The system of bonded labour is an agreement between two parties; an agreement which in today’s date stands void in the eyes of law it is also a punishable offence under various legislations of India. From the above stated constitutional provisions, it would be incorrect to believe that the State is vested with the duty and responsibility of safeguarding every citizen with an adequate standard of living and guarantying the prohibited practices as in specifically speaking bonded labour is not practised in India.
Bonded labour is the least known form of slavery in today’s date yet, ironically, it is the most widely performed form of slavery. Several initiatives by the National Human Rights Commission has been taken to curb this practice. Apart from that, even the Supreme Court has sentenced that this practice in India has given it a wide range of scope so that it is not practised in any form whatsoever.
