BONDED LABOUR SYSTEM IN INDIA: A CRITICAL APPRASIAL
BY: Palla Praneetha
COURSE: BBA LLB
SEMESTER: 8th
COLLEGE: Lovely
Professional University
INTRODUCTION
On
the one hand, we provide a democratic status to the country with equality for
all citizens, but on the other hand, the reality is heartbreaking. Certain
segments of society continue to be discriminated against, and they are trapped
in a vicious cycle of unemployment, poverty, and illiteracy. Such economic and
social imbalances give rise to a variety of deeply embedded ill-practices, one
of which is quite widespread: bonded labour, which affects the entire family
structure and involves generations after generations.
In
India, bonded labour is a type of slavery that combines cruel exploitation and
discrimination. It stems from underlying socioeconomic mechanisms, most notably
the "caste system," in which the majority of bonded labourers are
Dalits or indigenous peoples like as the Adivasis.
WHAT IS BONDED LABOUR ?
The
bonded labour system is the result of a debt-bondage system in which the
creditor and the debtor agree that the debtor will deliver services for a set
amount of time without receiving any kind of payment.[1] Bonded
labour is a form of slavery in which a person and his descendants are forced to
work for a creditor in exchange for a loan, and if the loan is not repaid, they
are forced to work for the creditor until the loan is repaid. People who work
for the system are forced to work long hours for low pay. Employers charge high
interest on loans and pay low wages in this system, which is characterised by
unfair practises.
Bonded
labour has been connected with rural economies where peasants from economically
disadvantaged groups are obliged to labour for the landowners who exploit them
a lot. It can also be found in
urban areas, although in unorganised industries like brick kilns, stone
quarries, and coal mining, it has a lower prevalence. This arrangement does not
have a set time limit. This agreement of indefinite bonded labour results in
the debtor's undeniable loss of liberty and restriction of rights.
A BRIEF HISTORY
The
origins of bonded labour can be traced back to ancient Hindu society, which was
divided into caste systems. The lower castes lacked the financial means to
support themselves. As a result, they were compelled to rely on dominant castes
for survival. As a result, enslaved individuals are pitifully poor, with little
or no assets other than the capacity to sell themselves in times of great
necessity and to carry out community obligations like customs and marriages.
Through debt, threat, and monitoring, unethical employers gain an unfair
advantage in confining and reducing the freedom of poor labourers.
Slavery
in various forms existed in Indian civilization before to freedom. The British
Empire abolished it for the first time in 1843, with Act No.V of 1843, also
known as the Indian Slavery Act of 1843. This tradition, however, has not yet
been totally abolished from Indian society. Bonded labour is one of the most
common kinds of slavery still practised in Indian civilization. Several laws
prohibiting bonded labour have been established in India since the country's
independence.[2]
After
being institutionalised as a terrible system in Indian society for centuries,
bonded labour was banned in India in 1975 by an Ordinance that eventually
became the Bonded Labour System (Abolition) Act in 1976. Prior to the formation
of the Act, efforts to combat bonded labour were limited to state-level
legislation in states such as Bihar, Orissa, Madras, and Rajasthan.
According
to a report prepared by the Commission of SC and SR, these laws were a complete
failure, and in 1975, a twenty-point plan was enacted to abolish the bonded
labour system, which went into effect in 1976. The Bonded Labour System
(Abolition) Act, 1976, is the main law prohibiting bonded labour. It is an
extension of Article 23 (Fundamental Rights) of the Indian Constitution, which
prohibits forced labour. The Act calls for the release of all bonded labourers,
the cancellation of their debts, the establishment of rehabilitative
programmes, and the punishment of offenders.
Bonded Labour System (Abolition) Act, 1976
The
Act went into effect on October 25, 1975, and it covers the entire country. It
is administered by individual states at their discretion. It is divided into
ten pieces. It was founded with the goal of abolishing the bonded labour system
and preventing economic and physical exploitation of the poorer parts of
society. The Act takes precedence, and anything that is in conflict with it
loses its enforceability and is repealed.
Sections
4 and 5 declare bonded labour to be illegal, and any custom or arrangement
relating to it is declared unlawful and ineffective. Every labourer is released
from all debt obligations and is no longer obligated to do bonded labour. In
order to recover a debt, no one can file a lawsuit in any court. No creditor
can accept payment for a debt that has been discharged. If a creditor seizes
property under the system, it must be returned to the person from whom it was
taken. The bonded laborer's property will be free of mortgages and other forms
of debt.
Every
bonded labourer who has been held captive by the system must be freed. The
state government has been given authority under Section 10 of the Act to impose
duties on district magistrates to ensure the Act's execution. The Act
establishes a guiding mechanism for the District Magistrate in the form of
Vigilance Committees.
SILENT FEATURES OF ACT
·
All bonded labourers have
been released and are no longer obligated to do their bonded labour.
·
All practises,
traditions, contracts, agreements, or other instruments requiring a person (or
any member of their family) to perform bonded labour will be declared null and
void.
·
Every bound laborer's
responsibility to repay any bonded debt is assumed to be discharged.
·
All bonded labour debt
recovery decrees that were not fully paid prior to the Act's enactment will be
deemed fully satisfied after the Act's enactment.
·
A bonded laborer's
property that has been withdrawn from his custody or forcibly seized from him
must be returned to him.
·
Every bonded labourer
incarcerated in the Civil Prison will be released.
·
Homesteads of freed
bonded labourers are not to be evicted.
Progress Under This Act:
Success:
Ø Many people have been set free from the grips
of this repressive and exploitative institution as a result of the Act.
Ø The
Act has aided in lifting and improving the economic situation of persons who
have been burdened by loans and unjust creditor practises.
Ø The
Act has resulted in the successful reintegration of rescued labourers into
society, as well as their relocation.
Failure:
Ø Because
of the inadequate execution of laws and policies, bonded labour continues to be
a major issue in India.
Ø The
district-level Vigilance Committees do not take their responsibilities
seriously enough, and their operations are riddled with flaws.
Ø People,
particularly in rural regions, lack the necessary understanding and are still
bound in this vicious system.
Ø Due
to a lack of suitable services and facilities, worker rescue and rehabilitation
is ineffective.
Ø Children
and their rights are not taken into account by the Act.
CONSTITUTIONAL SAFEGUARDS
Let
us go deeper into the constitutional safeguards now that we have a better
understanding of what a bonded labour system is. There are a few safeguards in
India's Constitution that address the current system.
Article 21 of the Indian
Constitution: The most crucial and foremost
safeguard against any exploitation of human lives and liberty. It is
a part of the Constitution's Basic Structure and cannot be changed. It
guarantees everyone in India the right to life and the right to live in
dignity. As bound labour deprives a person of numerous liberties, any practise
of bonded labour would be in violation of this Constitutional requirement.
Article 23 of the Indian
Constitution: As previously stated, the Indian
Constitution clearly provides for the abolition of forced labour and outlaws
this form of forced labour on Indian soil. Not only does this outlaw bonded
labour, but it also encompasses Begar and other kinds of human trafficking in
India.
Article 39 of the Indian
Constittion: This is handled in Part IV of the
Indian Constitution, which deals with the Directive Principles of State Policy,
which are regarded indisputable for the purposes of governance even though they
are not enforceable. This constitutional article requires the state to ensure
the right to a sufficient means of subsistence. It also instructs the government
to establish policies with the goal of ensuring that no citizen is forced to
engage in activities that are unsuitable for them due to economic necessity.
Article 42 of the Indian
Constitution: "The State shall make provision
for providing reasonable and humane working conditions...", according to a
Directive Principle of State Policy. This means that the government must ensure
that everyone enjoys a fair and compassionate working environment. It cannot,
however, be enforced because it is part of Part IV.
Article 43 of the Indian
Constitution: This directive directs the state to
ensure, among many other things, work conditions that assures a decent standard
of living.
CASE LAW:
Neerja Chaudhary vs State of Madhya Pradesh[3]
"It is the plainest requirement of
Articles 21 and 23 of the Constitution that bonded labourers be identified and
released, and upon release, they must be suitably rehabilitated," the
Supreme Court ruled in Neerja Chaudhury v. State of Madhya Pradesh. Any failure
by state governments to implement the terms of [the Bonded Labour System
(Abolition) Act] would be a blatant violation of Articles 21 and 23 of the
Constitution." A few constitutional provisions prevent the
practise of bonded labour. In this case, the Apex Court did very well by
linking the issue of bonded labour system with the person’s fundamental right
established in Article 21 of the Constitution and gave a clear shove to the
State to implement Article 21 and Article 23 of the Constitution.
CRITYCAL ANALYSIS
Making laws isn't enough; they must also be
properly enforced. Bonded labour infringes on workers' basic human rights, and
as a system, it must be combated and eradicated quickly and effectively.Despite
the fact that the Act has resulted in significant progress, more vigilance is
required to abolish the system from Indian society. The existing loopholes and
negligence must be entirely eliminated.[4]
Furthermore, steps must be taken to strengthen
the Bonded Labor Abolition Act's implementation. Furthermore, bonded labour
matters should be handled in expedited courts, and the labourers should receive
justice.
Recommendation and Suggestions:
·
Every person is born with the right to live in dignity. The bonded
labours have never seen the light of day, and their right to a dignified life
is frequently denied outright. Despite the fact that the Indian Constitution
and the Act contain laws that provides for different protections and prohibits
the practise of bonded labour, the system continues to exist today due to a
variety of implementation problems and other issues. To remove this problem
from India's roots, political as well as innovative recommendations are
urgently needed.
·
One option is to deny the problem even exists. Denial like this leaves
no room for elimination. As a result, the State Government must take a
proactive approach. The state government must take steps to first identify
bonded labourers in their jurisdictions, then recognise and free them, then
provide rehabilitative services to prevent recurrence, and finally ensure that
violators are punished in accordance with the Act's provisions.
·
The existing system overlooks the double victimisation of women from
lower socioeconomic groups, including sexual and physical assaults. Within the
Act, a separate clause that safeguards women's protection and punishes
criminals must be introduced. Because bonded labour is no longer allowed in
India, sexual harassment of women at work is no longer an issue. As a result,
such a provision must be put into the Act.
·
The police force must be restructured and made more aware of the public.
They'd be more approachable for bonded labour as a result of this. Currently,
it is widely reported that offenders, who are usually wealthy and influential,
corrupt the police, worsening the circumstances of bonded labour.
·
People belonging to the SC/ Dalits/ST castes, as well as others from the
lower caste hierarchy, must be integrated into civil society. The legislation
alone will not change society; but, like-minded and progressive individuals
will. Giving the weaker elements of society a position of authority allows them
to gain social and political recognition.
·
Currently, the perpetrator faces a monetary fine of only 2000 INR as a
punishment. Because the offenders are largely wealthy and powerful, this amount
is absurdly low. The fine should be increased in order to reform criminals and,
as a result, reduce the use of bonded labour.
Impact of COVID- 19 on Bonded Labour System in India[5]
The pandemic and subsequent lockdown that India
experienced earlier resulted in a tremendous loss of economic livelihoods. The
informal sector continues to be the hardest hit. Many vulnerable individuals
and their families are in desperate need of finances to survive after losing
their source of income in the informal economy. With little or no savings and
limited access to government assistance, they are more vulnerable to lenders
who offer credit on their terms, including debt bondage.
Workers are more prone than ever to fall prey
to contract obligations in order to maintain themselves and their families,
raising the risk of debt bondage. Many of these vulnerable people have
previously worked as bonded labour, but now that their livelihoods have been
damaged by the unexpected lockdown, they have no choice but to borrow money
from creditors and moneylenders to stay afloat.
CONCLUSION:
In India, bonded labour is the outcome of
social and economic causes. Despite the fact that enactments are limited and
established safeguards in the form of constitutional provisions are allowed
against this draconian framework, it can only be beneficial if laws are
effectively implemented, class-based partialities are eliminated, and open mindfulness
is practised. Till the point a law doesn’t instil its presence at the lowest
levels of society, it is regarded to be inadequate, in spite of having got
statutory acknowledgment.
Reformative and preventive methodologies should
be used from now on. This can be accomplished by maintaining a detailed record
of bonded labourers and taking the required procedures to dismantle the system
from the ground up. This system should be heavily chastised and sanctioned. The
proper use of rules and regulations could work wonders in ridding Indian
society of oppressive regimes.
[1] Section 2(g) Bonded Labour
System (Abolition) Act, 1976
[2] Article 1(a) of the United
Nations‘ 1956 Supplementary Convention on the Abolition of Slavery, the Slave
Trade and Institutions and Practices Similar to Slavery
[3] Neerja Chaudhury v. State of
Madhya Pradesh; (1984) 3 SCC 243, 255.
[4] https://lexlife.in/2020/01/27/bonded-labour-law-in-india/
[5] https://www.legalserviceindia.com/legal/article-5938-an-overview-on-bonded-labour-in-india-and-laws-related-to-it.html
