BONDED LABOUR SYSTEM ABOLITION ACT,1976
• Historical and social context of bonded labour system.
• Constitutional interventions on the issue.
• Aims and objectives of the bonded labour system abolition act,1976
• Definitions and provisions form the statute.
• Authorities under the act
• Judicial interpretations.
• Present day reality.
UNDERSTANDING BONDED LABOUR
• Bonded labour refers to a long-term relationship between employee and employer which is created through a
loan, by custom or by force, which denies the employee various freedoms including to choose his or her
employer, to enter into a fresh contract with the same employer or to negotiate the terms and condition of
her/his contract.
• This is embedded intricately in India’s socio-economic culture — a culture that is a product of class, caste relations,
a colonial history, and persistent poverty among many citizens.
• A feature of this system is that it passes through generations.
• Warli tribes in Maharashtra led a historic struggle against landlordism under the leadership of Godavari Parulekar
and Kisan Sabha.
• One of the striking features of this struggle was against the bonded labour system called ‘Lagnagadi’ (Marriage
Slave).
Under this system, The women members of the peasant family had to work as sex slaves for the land lord until
money has been repaid. The system worked in a manner in which even if generations the peasant family work
they wouldn’t be able to repay the advance.
• “Adivasis were primarily indentured labour working in the fruit orchards, or wadis, mainly of chikoos for which the
area was famous. They brought the wadi owners huge profits, but little of this was transferred to the Adivasis,
most of whom were caught in a vicious cycle of poverty and debts they were unable to pay back.”
• “The Red Flag gave the Warlis the courage to rise against the exploitation of the landlords and organize
themselves. After a preparatory meeting at Talasari, the historic meeting of May 23, 1945, took place under five
banyan trees in Zari village of Talasari taluka (then part of Umbergaon taluka). As Dhangar recalls, around 5,000
Warlis from Dahanu and Talasari talukas attended the meeting which was addressed by Godavari and Shamrao
Parulekar. They passed a resolution declaring the abolition of slavery and bonded labour under the leadership of
the Red Flag. The landlords also sent their representatives, but seeing the unity of the Warlis under Red Flag
leadership, they ran away. Dhangar explains that through this the Warlis realized that they would have to stay
united and organized if they are to confront the landlords.”
“THEY ARE BORN IN THE GARDENS AND DIE IN THE GARDENS”.
• Tea plantation industry of Assam and West Bengal, together constituting the most productive region in the world,
is more than 150 years old.
• There are more than 1500 tea estates in these two states employing around 1.1 million workers.
• British administration and entrepreneurs transported workers from various coroner of the country to these
plantations.
• Many of them were brought as slaves by the British and Local landlords.
• The tea plantation workers are still paid wages below the minimum wage of agricultural workers in many part of
the country.
CONSTITUTIONAL INTERVENTIONS.
• Article 23. Prohibition of traffic in human beings and forced labour
(1) Traffic in human beings and begar and other similar forms of forced labour are prohibited and any contravention of this
provision shall be an offence punishable in accordance with law.
• While the Constitution of India does not define forced labour, the Supreme Court of India has read this provision
expansively, and provided specific guidance on the definition.
• Apart from constitutional provisions The Bonded Labour System (Abolition) Act 1976 provided various safeguards
against bonded labour.
• “Any factor which deprives a person of a choice of alternatives and compels him to adopt a particular course of
action, may properly be regarded as ‘force’ and if labour and service is compelled as a result of such
‘force’ it would be ‘forced labour’. The word ‘force’ must be construed to include not only physical or
legal force but also force arising from compulsion of economic circumstances which leaves no choice of
economic circumstance to a person in want and compels him to provide labour or service even though
the remuneration received for it is less than the minimum wage. Therefore, when a person provides
labour or service to another for remuneration, which is less than the minimum wage, the labour or
service provided by him clearly falls within the scope and ambit of the words ‘forced labour’.”
• Supreme Court of India
DEFINTION OF BONDED LABOUR SYSTEM.
• "advance" means an advance, whether in cash or in kind, or partly in cash or partly in kind, made by one person
(hereinafter referred to as the creditor) to another person (hereinafter referred to as the debtor).
• "agreement" means an 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.
Explanation.--The existence of an agreement between the debtor and creditor is ordinarily presumed, under the social
custom, in relation to the following forms of forced labour, namely:--
Adiyamar, Baramasia, Basahya, Bethu, Bhagela, Cherumar, Garru-Galu, Hali, Hari, Harwai, Holya, Jana, Jeetha, Kamiya,
Khundit-Mundit, Kuthia, Lakhari, Munjhi, Mat, Munish system, Nit-Majoor, Paleru, Padiyal, Pannayilal, Sagri,
Sanji,Sanjawat, Sewak, Sewakia, Seri, Vetti;
"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,
(Reasons of Entering into a Bonded Labour System)
(i) in consideration of an advance obtained by him or by any of his lineal ascendants or descendants (whether or not such
advance is evidenced by any document) and in consideration of the interest, if any, due on such advance, or
(ii) in pursuance of any customary or social obligation, or
(iii) in pursuance of an obligation devolving on him by succession, or
(iv) for any economic consideration received by him or by any of his lineal ascendants or descendants, or
(v) by reason of his birth in any particular caste or community, he would--
(Ways in which Bonded Labour is working)
(1) render, by himself or through any member of his family, or any person dependent on him, labour or service to the
creditor, or for the benefit of the creditor, for a specified period or for an unspecified period, either without wages or for
nominal wages, or
(2) forfeit the freedom of employment or other means of livelihood for a specified period or for an unspecified period, or
(3) forfeit the right to move freely throughout the territory of India, or
(4) forfeit the right to appropriate or sell at market value any of his property or product of his labour or the labour of a
member of his family or any person dependent on him,
and includes the system of forced, or partly forced, labour under which a surety for a debtor enters, or has, or is presumed
to have, entered, into an agreement with the creditor to the effect that in the event of the failure of the debtor to repay
the debt, he would render the bonded labour on behalf of the debtor.
Explanation.--For the removal of doubts, it is hereby declared that any system of forced, or partly forced labour under
which any workman being contract labour as defined in clause (b) of sub-section (1) of section 2 of the Contract Labour
(Regulation and Abolition) Act, 1970
or
an inter-State migrant workman as defined in clause (e) of sub-section (1) of section 2 of the Inter-State Migrant Workmen
(Regulation of Employment and Conditions of Service) Act, 1979, is required to render labour or service in circumstances
of the nature mentioned in sub-clause (1) of this clause or is subjected to all or any of the disabilities referred to in sub-
clauses (2) to (4), is "bonded labour system" within the meaning of this clause;]
Contract Labour as well as Migrant Labour are included in the protection of the act.
PEOPLES' UNION FOR DEMOCRATIC RIGHTS V. UNION OF INDIA
• The petitioner commissioned three social scientists to enquire into the conditions under which the workman
worked in Asiad projects.
• Based on the investigations conducted by the social scientists, petitioner sent a letter addressed to Justice P.N
Bhagwati. In pursuance to the same, the Hon'ble Supreme Court took notice of the letter on the judicial side and
issued notice to Union of India and State of Delhi.
• The court held that, "The Union of India, the Delhi Administration and the Delhi Development Authority cannot
escape their obligation to the workmen to ensure observance of the provisions of various labour law by its
contractors and for non-compliance with the laws by the contractors, the workmen would clearly have a cause
of actions against them as principal employers."
• The Hon'ble Supreme Court of India dealt with the expression "other similar form of forced bonded labour"
envisaged in Article 23 of The Constitution of India, 1950. The court gave the expression a wide interpretation to
meet the objectives of Article 23.
• The court held that a person who has been forced to work as a bonded labour and person who is working as a
labour at a rate lesser than the minimum wage shall be dealt equally.
• BADHUA MUKTI MORCHA V. UNION OF INDIA,
• The PIL was filed before the Supreme Court under Article 32 of The Constitution of India to issue appropriate
directions for prohibition of Bonded Labour. The petitioner conducted a survey in stone quarries situated in
Faridabad district. It was found by the petitioner that they were living in substandard conditions. There were a lot
of middlemen who extracted the money from the workmen as commission.
• The court directed the Central Government and the State of Haryana to install washrooms, suitable drinking
facilities, provide medical kits so as to raise the living standards of the workmen. The court directed the Central
Government to conduct inspection every fortnight and in case, any workman is found in distressed condition, he
should be provided medical and legal assistance.
• The court went on to observe that, under this right to live with human dignity enshrined in Article 21 derives its
life breath from the Directive Principles of State Policy and particularly Clauses (e) and (f) of Article 39 and Articles
41 and 42 and at the least, therefore, it must include protection of the health and strength of workers men and
women, and of the tender age of children against abuse, opportunities and facilities for children to develop in a
healthy manner and in conditions of freedom and dignity, educational facilities, just and humane conditions of
work and maternity relief. These are the minimum requirements which must exist in order to enable a person to
live with human dignity and no State neither the Central Government nor any State Government has the right to
take any action which will deprive a person of the enjoyment of these basic essentials."
SIGNIFICANT PROVISIONS FROM THE STATUTE.
• Under Section 4 abolishes the bonded labour system throughout India.
• Every bonded labourer shall, on such commencement, stand freed and discharged from any obligation to render
any bonded labour.
• After the commencement of this Act, no person shall--
(a) make any advance under, or in pursuance of, the bonded labour system, or
(b) compel any person to render any bonded labour or other form of forced labour.
• Under Section 5 of the act, any custom/agreement whereby bonded labour existed was rendered void and
inoperative.
• On the commencement of this Act, any custom or tradition or any contract, agreement or other instrument
• (whether entered into or executed before or after the commencement of this Act),
• by virtue of which any person, or any member of the family or dependent of such person, is required to do any
work or render any service as a bonded labourer, shall be void and inoperative.
• Under Section 6, On the commencement of this Act,
• Every obligation of a bonded labourer to repay any bonded debt, or such part of any bonded debt as remains
unsatisfied immediately before such commencement, shall be deemed to have been extinguished.
• No suit or other proceeding shall lie in any civil court or before any other authority for the recovery of any bonded
debt or any part thereof.
• Every decree or order for the recovery of bonded debt, passed before the commencement of this Act and not fully
satisfied before such commencement, shall be deemed, on such commencement, to have been fully satisfied.
• Every attachment made before the commencement of this Act, for the recovery of any bonded debt, shall, stand
vacated; and, where, in pursuance of such attachment, any movable property of the bonded labourer was seized
and removed from his custody and kept in the custody of any court or other authority pending sale thereof, such
movable property shall be restored, as soon as may be practicable after such commencement, to the possession of
the bonded labourer.
• Where, before the commencement of this Act, possession of any property belonging to a bonded labourer or a
member of his family or other dependant was forcibly taken over by any creditor for the recovery of any bonded
debt, such property shall be restored, as soon as may be practicable after such commencement, to the possession
of the person from whom it was seized.
• Where any suit or proceeding, for the enforcement of any obligation under the bonded labour system, including a
suit or proceeding for the recovery of any advance made to a bonded labourer, is pending at the commencement
of this Act, such suit or other proceeding shall, on such commencement, stand dismissed.
• On the commencement of this Act, every bonded labourer who has been detained in civil prison, whether before
or after judgment, shall be released from detention forthwith
• Section 7. Property of bonded labourer to be freed from mortgage, etc.
• (1) All property vested in a bonded labourer which was, immediately before the commencement of this Act under
any mortgage, charge, lien or other incumbrances in connection with any bonded debt shall, in so far as it is
relatable to the bonded debt, stand freed and discharged from such mortgage, charge, lien or other
incumbrances,
• and where any such property was, immediately before the commencement of this Act, in the possession of the
mortgagee or the holder of the charge, lien or incumbrance, such property shall (except where it was subject to
any other charge), on such commencement, be restored to the possession of the bonded labourer.
• (2) If any delay is made in restoring any property, referred to in sub-section (1), to the possession of the bonded
labourer, such labourer shall be entitled, on and from the date of such commencement, to recover from the
mortgagee or holder of the lien, charge or incumbrance, such mesne profits as may be determined by the civil
court of the lowest pecuniary jurisdiction within the local limits of whose jurisdiction such property is situated.
• Section 8. Freed bonded labourer not to be evicted from homestead, etc.
• No person who has been freed and discharged under this Act from any obligation to render any bonded labour,
shall be evicted from any homestead or other residential premises which he was occupying immediately before
the commencement of this Act as part of the consideration for the bonded labour.
• If, after the commencement of this Act, any such person is evicted by the creditor from any homestead or other
residential premises, referred to in sub-section (1), the Executive Magistrate in charge of the Sub-Division within
which such homestead or residential premises is situated shall, as early as practicable, restore the bonded
labourer to the possession of such homestead or other residential premises.
• Section 9. Creditor not to accept payment against extinguished debt.
• (1) No creditor shall accept any payment against any bonded debt which has been extinguished or deemed to
have been extinguished or fully satisfied by virtue of the provisions of this Act.
• (2) Whoever contravenes the provisions of sub-section (1) shall be punishable with imprisonment for a term which
may extend to three years and also with fine.
• (3) The court, convicting any person under sub-section (2) may, in addition to the penalties which may be imposed
under that sub-section, direct the person to deposit, in court, the amount accepted in contravention of the
provisions of sub-section (1), within such period as may be specified in the order for being refunded to the bonded
labourer.
PUNISHMENTS UNDER THE ACT.
• Section 16. Punishment for enforcement of bonded labour.
• Section 17. Punishment for advancement of bonded debt.
• Section 18. Punishment for extracting bonded labour under the bonded labour system.
imprisonment for a term which may extend to three years and also with fine which may extend to two thousand rupees.
• Section 19. Punishment for omission or failure to restore possession of property to bonded labourers.
imprisonment for a term which may extend to one year, or with fine which may extend to one thousand rupees, or with
both; and, out of the fine, if recovered, payment shall be made to the bonded labourer at the rate of rupees five for each
day during which possession of the property was not restored to him.
Section 20 Whoever abets any offence punishable under this Act shall, whether or not the offence abetted is
committed, be punishable with the same punishment as is provided for the offence which has been abetted.
AUTHORITIES UNDER THE ACT
• Section 10. Authorities who may be specified for implementing the provisions of this Act.
The State Government may confer such powers and impose such duties on a District Magistrate as may be necessary to
ensure that the provisions of this Act are properly carried out and the District Magistrate may specify the officer,
subordinate to him, who shall exercise all or any of the powers, and perform all or any of the duties, so conferred or
imposed and the local limits within which such powers or duties shall be carried out by the officer so specified.
SECTION 13. VIGILANCE COMMITTEES.
(1) Every State Government shall, by notification in the Official Gazette, constitute such number of Vigilance Committees in
each district and each Sub-Division as it may think fit.
(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.
Section 14. (1) The functions of each Vigilance Committee shall be,--
(a) 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 thereunder 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 dependant
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 bonded 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.
PRESENT DAY REALITY.
• According to International Labour Organization there were 1.17 crores bonded labourers in 2014.
• The most current available data from the National Crime Records Bureau (NCRB) indicate that there were 8,132
reported cases of human trafficking across India in 2016.
• Bonded labour is mostly prevalent in agricultural sector, informal sector including cotton textile handlooms, brick
kilns, construction work, brothels, stone quarries, carpet weaving, bidi rolling, rearing of silk cocoons, production
of silk sarees, silver jewellery, synthetic gemstones, precious gem cutting, leather products, domestic help etc.
• Caste solidifies the existence of bonded labour in India. Lion share of the bonded workers are coming from
SC/ST background.
• The low-income states such as Jharkhand, Odisha, Rajasthan, Uttar Pradesh, Bihar, Chhattisgarh, and Madhya
Pradesh share more vulnerable to prevalence of bonded labour. A large number of bonded labourers are also
rescued every year from Karnataka and Tamil Nadu.
• What is the way forward?
