Bonded Labour in india

Prof. Hanumant Yadav

Dr. Hanumant Yadav 1

 Bonded Labour System
• Bonded Labourer were poorest among poor in India.
• Majority of Bonded Labour belong to backward
classes ( SC, ST & OBC)
• Bonded Labour ( or Debt bondage ) is a form of
slavery in which a person pledges themselves against
a loan.
• In debt bondage, the services required to repay the
debt generally remains undefined, and the services &
duration also remains undefined.

Dr. Hanumant Yadav 2

 Bonded Labour System
• Debt bondage is passed on from generation to
generation
• Debt bondage is defined as a situation when a
person provides a loan to another and uses his
or her labor or services to repay the debt;
when the value of the work, as reasonably
assessed, is not applied towards the
liquidation of the debt, the situation becomes
one of debt bondage
Dr. Hanumant Yadav 3
 Bonded Labour
• It is a relic of colonial and feudal system, which
is deeply rooted in the social customs and
traditions, treating it as a normal practice.
• This results in the creation of a “hierarchical
pattern” of society forming unequal classes in
terms of superiority and inferiority.
• The bonded or forced labour system was known
by different names in different parts of the
country like Begar, Sagri or Hali, Jeetham etc.
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UN Definition of BONDED LABOUR
• UN Supplementary Convention on the Abolition of
Slavery (1956) — Under this Convention debt
bondage is defined as “the status or condition
arising from a pledge by a debtor of his personal
service or those of a person under his control as
security for a debt, if the value of those services as
reasonably assessed is not applied toward the
liquidation of the debt or the length and nature of
those services are not respectively limited and
defined
Dr. Hanumant Yadav 5
 ILO DEFINITION OF BONDED LABOUR
• I.L.O. Report on Stopping Forced Labour (2001) —
• The term (Bonded Labour) refers to a worker who
rendered service under condition of bondage arising
from economic consideration, notably indebtedness
through a loan or an advance. Where debt is the root
cause of bondage, the implication is that the worker
(or dependents or heirs) is tied to a particular
creditor for a specified or unspecified period until the
loan is repaid.
 

Dr. Hanumant Yadav 6

 Constitution & Bonded Labour
• Article 23. Prohibits traffic in human beings and forced
labour –
• Traffic in human beings and begaar and other similar forms
of forced labour are prohibited and any contravention of this
provision shall be an offence punishable in accordance with
law.
• Nothing in this article shall prevent the State from imposing
compulsory service for public purposes, and in imposing
such service the State shall not make any discrimination on
grounds only on religion, race, caste or class or any of them.
 

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 Bonded Labour
• The Government of India has consistently
maintained a proactive approach to the issue
of forced or bonded labour in the country.
• It recognises this evil system as a gross
infringement of the fundamental Human
Rights of the affected citizens and is
implacably committed to its total eradication
in the shortest possible time.

Dr. Hanumant Yadav 8

Bonded Labour System Abolition Act 1976

• India has ratified ILO Convention No.29 (Forced

Labour Convention 1930) on 30.11.1954.
• Following the ratification, the bonded labour
system was abolished by law throughout the
country w. e. f. 25th October 1975 by an Ordinance.
• Subsequently, Bonded Labour System (Abolition)
Act was passed by the Parliament in 1976 but
given effect to from 25.10.75, the date when the
Ordinance was promulgated.

Dr. Hanumant Yadav 9

Bonded Labour System Abolition Act 1976

• The Act provides for the abolition of bonded labour,

bonded labour system and bonded debt.
• ‘Bonded labour stands abolished and would be illegal
wherever it exists’
• Institutional mechanisms in the form of Vigilance
Committees at the district and sub-divisional levels
under the Chairmanship of District and Sub-Divisional
Magistrates have been provided for, in the Statute.

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 Bonded Labour
• On commencement of this Act the bonded
labour system shall stand abolished and every
bonded labourer shall stand freed and
discharged free from any obligation to render
bonded labour.
• Any custom, agreement or other instrument by
virtue of which a person is required to render
any service as bonded labour shall be void.

Dr. Hanumant Yadav 11

Bonded Labour System Abolition Act 1976 (
Provisions)
• Liability to repay bonded debt shall be
deemed to have been extinguished.
• Property of the bonded labourer to be freed
from mortgage etc.
• Freed bonded labourers shall not be evicted
from homesteads or other residential
premises which he was occupying as part of
consideration for the bonded labour

Dr. Hanumant Yadav 12

Bonded Labour System Abolition Act 1976

• Anyone who wants to file a complaint under the law

about existence of bonded/forced labour in any part
of the territory of India should file it before the
Vigilance Committee under the Act.
• Executive Magistrates have been empowered under
the Act to conduct summary trial of offences, to
release the bonded labourers(s) and to issue release
certificates.
• The Act also lays down stringent penal provisions
against offending employers.
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Bonded Labour System Abolition Act 1976

• The penalties include imprisonment for a term which may

extend to 3 years and also with fine which may extend to
Rs.2,000/-.
• In order to assist the State Governments in their task of
rehabilitation of released bonded labourers, the Ministry
of Labour has launched a Centrally Sponsored Scheme
since May, 78 for rehabilitation of freed bonded labourers.
• Under the scheme, the Government of India extends
rehabilitation assistance @Rs. 10,000/- per freed bonded
labourer.

Dr. Hanumant Yadav 14

Bonded Labour System Abolition Act 1976

• Under the Centrally sponsored Scheme, expenditure

up to the end of 8th Five Year Plan amounted to
Rs.40.51 crore.
• During the 9th Five Year Plan, expenditure of Rs.24.50
crores has been incurred.
• During the 10th Five Year Plan (2002-07) Central
Grants amounting to Rs 97.28 crores have been
provided to various State Governments/UTs under the
said scheme.
 
Dr. Hanumant Yadav 15
 Bonded Labour System : Central Action
Group
• The Supreme Court in its order dated 11.11.97, in the
above writ petition, has requested the National
Human Rights Commission to be involved in dealing
with the issue of bonded labour.
• In pursuance of the above order of the Supreme
Court, a Central Action Group has been constituted in
the National Human Rights Commission.
• The CAG is holding regular meetings/sensitization
workshops at various places in collaboration with the
Ministry of Labour and Employment.
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 Bonded Labour System Abolition Act 1976
(Punishments)
• Punishment prescribed in the Act for :
• Enforcement of bonded labour
• Advancement of bonded debt
• Extracting bonded labour under the bonded
labour system
• Omission or failure to restore possession of
property to bonded labourers
• Abetment to be an offence
Dr. Hanumant Yadav 17
 Rehabilitation of Released Bonded
Labourer (Schemes)
• Allotment of house site and agricultural land.
• · Land development.
• · Provision of low cost dwelling units.
• · Animal husbandry, dairy, poultry, piggery etc.
• · Training for acquiring new skills, developing existing skills.
• · Wage employment, enforcement of minimum wages etc.
• · Supply of essential commodities under targeted public
distribution system.
• · Education for children.
• · Protection of civil rights.

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Bonded Labour Liberation Front (Bandhua Mukti Morcha)

• Bandhua Mukti Morcha (BMM) was formed in 1981 to wage

a battle against the pernicious bonded labour system in India.
• Against all odds, Bandhua Mukti Morcha has achieved the
release of over 1, 24,000 bonded Indians from the shackles of
slavery.
• A large number of them have been rehabilitated from the
Carpet Industry alone, about a thousand children have been
rescued and restored to their parents.
• Their rehabilitation has been monitored effectively.
• BMM has started a campaign for the provision of non-formal,
full time education for these children, along with the supply
of nutrition to each and also some food security to their poor
families.
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