Critically evaluate the provisions of Bonded Labour

[Bonded labour system (Abolition) Act, 1976]

Submitted to : Prof Naazish fatima

Submitted by: Aabid Maqbool

Enrolment no: 2020-342-001
Subject: Labour Law
BALLB: 6th semester
 Bonded labour - or debt bondage - is probably the least known form

of slavery today, and yet it is the most widely used method of enslaving

people. A person becomes a bonded labourer when their labour is

demanded as a means of repayment for a loan. The person is then

tricked or trapped into working for very little or no pay.

Bonded labour is prohibited in India by law vide Articles 21 and 23

of the Constitution. A specific law to prohibit the practice was

legislated only in 1976 known as the Bonded Labour System (Abolition)

Act. With the commencement of the Act the following consequences

followed: bonded labourers stand freed and discharged from any

obligation to render to bonded labour. All customs, traditions,

contracts, agreements or instruments by virtue of which a person or

any member of family dependent on such person is required to render

bonded labour shall be void. Every obligation of bonded labourer to

repay any bonded debt shall be deemed to have been extinguished. No

suit or any other proceeding shall lie in any Civil Court or any other

authority for recovery of any bonded debt. Every decree or order for

recovery of bonded debt not fully satisfied before commencement of

the Act shall be deemed to have been fully satisfied. Every attachment

for the recovery of bonded debt shall stand vacated. Any moveable

property of boned labourer, if seized and removed form his custody

shall be restored to him. Any property possession of which was forcibly

taken over by the creditor shall be restored to the possession of the

person form whom seized. Any suit or proceedings of the enforcement

of any obligation under the bonded labour system shall stand

dismissed. Every bonded labourer who has been detained in Civil

Prisons shall be released from detention forthwith. Any property of a

bonded labourer under mortgage, charge, lien or any other

encumbrance, if related to public debt shall stand freed and discharged

from such mortgage. Freed bonded labourer shall not be evicted from

the homestead land.

Despite the statutory prohibition, bonded labour is widely

practiced. The worst affected are the children and women particularly

those from the Dalit community. The legal framework against bonded

labour provided in the Bonded Labour System (Abolition) Act, 1976 is

supported by other legislations like the Contract Labour (Regulation

and Abolition) Act, 1970; the Inter-State Migrant Workmen

(Regulation of Employment and Conditions of Service) Act, 1979; the

Minimum Wages Act, 1948.

Bonded labour is characterized by a relationship between employer

and employee, through a loan, and is embedded intricately in India’s

socio-economic culture—a culture that is a product of class relations, a

colonial history, and persistent poverty. Also known as debt bondage,

bonded labor is a specific form of forced labour in which compulsion

into servitude is derived from debt. Categorized and examined in the

scholarly literature as a type of forced labor, bonded labour entails

constraints on the conditions and duration of work by an individual.

Not all bonded labor is forced, but most forced labor practices,

whether they involve children or adults, are of a bonded nature.

Bonded labour is most prevalent in rural areas where the agricultural

industry relies on contracted, often migrant laborers. However, urban

areas also provide fertile ground for bondage. Characterized by a

creditor-debtor relationship that a labourer often passes on to his

family members, bonded labor is typically of an indefinite duration and

involves illegal contractual stipulations. These contracts deny an

individual the basic right to choose his or her employer, or to negotiate

the terms of his or her contract. Bonded labor contracts in India are not

only economic, as they are reinforced by custom or coercion in many

sectors such as the agricultural, silk, mining, match production, and

brick kiln industries, among others.

Bonded labourers are forced to work to repay debts their employer

says they owe, and they are not allowed to work for anyone else.

Various forms of force are used to make sure that they stay. In many

cases they are kept under surveillance, sometimes under lock and key.

Bonded labour in the farming sector is mostly due to caste- based

prejudices practiced against the Dalit communities and due to the

absence of a proper land reform policy.

Constitutional Safeguards

Now that we are aware of what exactly is a system of bonded

labour, let us delve further into the constitutional safeguards. In

the Constitution of India, there are a few safeguards which address

the system at hand.

1. Article 21 of the Indian Constitution – This is the most

important and foremost safeguard against any exploitation of

human lives and their liberty. It is part of the Basic Structure of the

Constitution and cannot be amended. It secures the right to life

and right to live with human dignity to every person in India. So,

any practice of bonded labour would be in contravention of this

Constitutional provision since bonded labour deprives a person of

numerous liberties.
2. Article 23 of the Indian Constitution – As
discussed above, the Constitution of India expressly
provides for the abolition of forced labour and prohibits
this form of forced labour in the territory of India. This not
only prohibits bonded labour but also covers the practice
of Begar and other forms of human trafficking in India.
3. Article 39 of the Constitution – This is covered in Part

IV of the Indian Constitution which deals with the Directive

Principles of State Policy is albeit not enforceable but are

considered irrefutable for the purpose of governance. This

constitutional provision directs the State to secure the right to an

adequate livelihood. It also directs the state to formulate its

policies with an object that no citizen is forced out of economic

necessity to enter into avocations which are not suited to them.

4. Article 42 of the Constitution – This is also a Directive

Principle of State Policy which states “The State shall make

provision for securing just and humane conditions of work…” This

means that the state must ensure that every person has a working

condition which are just and humane for them. However, since it is

part of Part IV, it cannot be enforced.

5. Article 43 of the Constitution – This directive directs the

State to secure i.a. – conditions for work ensuring a decent

standard of life.
What are the laws in India?

Apart from the above mentioned constitutional provisions and

safeguards, there are also a few legislations which deal with the

subject at hand. However, the major law governing the practice of

bonded labour is The Bonded Labour System (Abolition) Act 1976.

In addition to this, there are a few more legislations in consonance

with this major law in India such as 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.

 The Indian Penal Code recognizes the offence of unlawful

compulsory labour and 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

certain enumerated occupations and requires that overtime be

paid to whoever working beyond the ‘normal working day.’

 Similarly, the Bonded Labour System (Abolition) Act 1976

prescribes imprisonment for a term upto 3 years as well as a

fine upto Rs. 2000/-. This punishment is for whoever

compelling a person to render their service under bonded

 labour and whoever advancing the bonded debt. Every offence

under the Act is cognizable and bailable.

Supreme Court Cases

From the above stated constitutional provisions, it would not be

incorrect to say that the State is vested with the responsibility of

securing every citizen with a decent standard of living and ensuring

that the prohibited practices like bonded labour are not practised

in India.

Despite these constitutional provisions, can we say that bonded

labour does not exist in India? There have been cases in India even

after the enactment of the Act which the Apex Court has dealt very

deftly.

In the case of Neerja Chaudhury v. State of Madhya

Pradesh, the Supreme Court ruled – “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.”

As mentioned above, there are a few constitutional provisions that

safeguard the system of bonded labour from being practised. In

this case, the Apex Court did very well by relating the issue of

bonded labour system with the person’s fundamental right

enshrined in Article 21 of the Constitution and gave a clear thrust

to the State to implement Article 21 and Article 23 of the

Constitution.

Also, in the case of People’s Union for Democratic Rights v. Union

of India, the Supreme Court of India delivered the judgement

stating – “Where a person provides labour or service to another

for remuneration which is less than minimum wage, the labour or

service provided by him clearly falls within the scope and ambit

of the word `forced labour’…”

As seen, the Court has tried to expand the scope of forced labour

and protect the rights of citizens time and again.

Conclusion

There are several factors which are causing the

continuance of this system of forced labour. Often, the
usurious rate of interest is one of the leading factors which
contribute to its continuance. Apart from that, faulty
system of adjustment of wages with the amount lent,
prevalent ignorance, illiteracy, being socially backward,
lack of debtor’s organisation etc. are all factors
contributing to the continuance of bonded labour.

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 and is also a punishable offence under
numerous legislations of India. Due to the gravity of this
offence, it has also been addressed in numerous
international conventions.

Bonded labour is probably the least known form of slavery

in today’s date and yet, ironically, it is most widely
performed form of slavery. There have been several
initiatives by the National Human Rights Commission to
curb this practice. Apart from that, even the Supreme
Court has condemned this practice in India and has given
it an expansive meaning so that it is not practised in any
form whatsoever.

But is this enough? No, we must take steps against any

system of forced labour and should voice out if a person is
being oppressed due to his status. This is a system which
degrades a human to a commodity or an asset. It should
not only be prohibited by law but also be seriously
punished. Thus, forced labour, whatever form it may be,
should not be condemned by anyone.

REFRENCES

 https://nhrc.nic.in/sites/default/files/Bonded%20Labour.pdf

 https://blog.ipleaders.in/the-boomerang-of-enliven-the-bonded-labour-system-
abolition-act-1976/?amp=1

 https://blog.ipleaders.in/bonded-labour-laws/?amp=1

 Scribd projects