July 1, 2022 / Sambhaj NGO / 0 Comments

BONDED LABOUR SYSTEM: A CONTINUING PRACTICE IN INDIA

 

BONDED LABOUR SYSTEM: A CONTINUING PRACTICE IN INDIA:

Author’s name:

Author’s name:Madhumitha Gomathy M

INTRODUCTION

Bonded labour system is the most common type of slavery in India. In this system, the labourers are employed to pay back their bonded debt or they work in inhumane conditions with less or no pay. The amount of work that the bonded labourer does is greater than the money borrowed. In most cases, the entire family works to repay the debt or the debt passes on to many generations. This system can be found in areas like agricultural lands, mines, factories, brick kilns, mills, circuses, sexual slavery, etc.

Article 21 and 23 of the Constitution of India safeguards bonded labourers. Article 21 provides for the right to life; the bonded labourer system deprives the labourers of their right to life and personal liberty. As per Article 23, all possible forms of forced labour are prohibited and such acts are made punishable under law. Even, Section 374 of the Indian Penal Code, 1860, makes forced labour an offence. None of these would apply to a Jail officer, whose duty is to give hard labour to prisoners as a part of their rigorous imprisonment (State of Gujarat & Anr. v. Hon’ble High Court of Gujarat, 1998).

RISE IN BONDED LABOURERS DURING COVID-19

COVID-19 triggered a nationwide lockdown on 26th March 2020. During the lockdown period, the country’s economy was disrupted. Many industries were shut down as a result of which people lost their jobs. Over 39 crore people were unorganized and migrant workers, being a vulnerable group, suffered a lot during the pandemic (Chopra, 2020). After losing their job, people went back to their villages, but they could not find any other job, and poverty hit them. Due to this, many were forced to enter into the bonded labour system and a large number of them were children.

The National Human Rights Commission of India (NHRC), issued many advisories to tackle the pandemic, few of them were right to mental health; identifying, releasing, and rehabilitating bonded labourers; and safeguarding the rights of informal workers during the pandemic (Press Trust of India, 2021).

 

BONDED LABOUR SYSTEM (ABOLITION) ACT, 1976

This act abolished the bonded labour system and prevents the exploitation of weaker sections of society. Any customs, traditions, agreements, contracts, or any other instruments regarding bonded labour stands inoperative. Though the system has been abolished by the Bonded Labour System (Abolition) Act, 1976, it is continuing in our country. The Act prescribes punishment for anyone who makes a contract or agreement or compels anyone to render bonded labour.

In the case of Sannasomannara Somashekarappa v. Gorappa Rudraswamy (2002) I LLJ 621, four children were working as bonded labourers with the petitioners. It was said that the petitioners paid advance to the parents of the children and in return, the children had to render labour for a year, but the petitioners provided them with food, clothing, etc. The Court held that this does not come under the definition of the said act as the advance given to the parents amounts to wages, and hence, the petitioners could not be punished under this act.

REASONS FOR INCREASE IN BONDED LABOUR

  • Poverty

This is the major reason for people entering into bonded labour system. People don’t have money, so they are forced to obtain debts and become bonded labourers.

  • Limited Job Opportunities

Due to a shortage of job opportunities, people tend to take up whatever job they get. This serves as an advantage for the employer, so they hire cheap labour and provide unsuitable working conditions.

  • Weak implementation of the act and low conviction rates

There is a big procedure involved for providing compensation to the freed bonded labourers. They need to get a Rescue Certificate (RC), only then they can avail the benefits under the rehabilitation program. Many cases pending for many years, this is because, during an investigation, either the labour inspector or the investing police would be absent (Mantri, 2020).

  • Lack of awareness

The workers are not aware of credit facilities in the bank, so they approach other moneylenders. They are also not aware of them being exploited by their employers.

 

CONCLUSION

Bonded labour system is one of the worst forms of slavery; it should be put to an end. The government has introduced Central Sector Scheme for Rehabilitation of Bonded Labourers, which provides compensation up to Rs. 20,000 to each freed bonded labour. (PIB Delhi, 2019) But still, the government should bring out other necessary measures to end this. Regular inspections in places like factories, mines, transport facilities like buses, trains, etc. should be done regularly to identify bonded labourers. More banks should be open in rural areas and they should provide loans to people, at low interest, and without any collateral.

Government can arrange for awareness programs and caution people regarding bonded debts. Government should also allot more funds for the rehabilitation of freed bonded labourers and provide them with compensation. Schemes like Mahatma Gandhi National Rural Employment Guarantee Act (MNREGA) provide for 100-day work to people, but the wages are taken by the middlemen. So, the government should bring out stricter laws and monitor the movement of funds provided for various schemes.

References

  1. Chopra, N. (2020, April 13). The Cost Of COVID-19 Lockdown: Rise In Bonded Labour And Human Trafficking In India. Retrieved from Outlook India: https://www.outlookindia.com/website/story/opinion-covid19-lockdown-and-the-rise-of-bonded-labour-and-human-trafficking-in-india/350662
  2. Mantri, G. (2020, January 28). It’s 2020 but bonded labour is still a reality in India: Here’s why. Retrieved from The News Minute: https://www.thenewsminute.com/article/it-s-2020-bonded-labour-still-reality-india-here-s-why-116977
  3. Misra, S. (2019). Labour & Industrial Laws. Allahabad: Central Law Publications.
  4. Press Trust of India. (2021, June 2). NHRC issues more advisories on bonded labourers, migrant workers amid Covid. Retrieved from Business Standard: https://www.business-standard.com/article/economy-policy/nhrc-issues-more-advisories-on-bonded-labourers-migrant-workers-amid-covid-121060200024_1.html
  5. Saikiran, K. P. (2021, September 17). Centre asks state to keep a check on bonded labour. Retrieved from Times of India: https://timesofindia.indiatimes.com/city/thiruvananthapuram/centre-asks-state-to-keep-a-check-on-bonded-labour/articleshow/86284404.cms
  6. State of Gujarat & Anr. v. H’ble High Court of Gujarat, 7 SCC 392 : AIR 1988 SC 3164 (Supreme Court 1998).

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