The system of debt bondage in India is an outcome of certain categories of indebtedness. These were prevailing for a long time involving certain economically exploited, helpless and weaker sections of the society. This system originated from the uneven social structure characterised by feudal and semi-feudal conditions. Bonded labourers constitute perhaps the weakest section of the rural poor.
Causes of bonded labour are varied. These are surplus labour, unemployment, under employment, low wages and distress migration etc.
Article 4 mandates that no one shall be held in slavery or servitude, slavery and slave trade shall be prohibited in all their form from 10th December, 1948.
The term signifies labour or service extracted by a court or a person in power without giving remuneration. It is compulsory or involuntary labour with or without payment. State of Gujarat v. Hon'ble High Court of Gujarat, MANU/SC/0632/1998 : (1998) 7 SCC 392. It has also been defined as "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 amounts to 'forced labour' under article 23 of the Constitution of India." Supreme Court described 'Begar' to be labour or service which a person is forced to give without receiving any remuneration and thus it is forced labour; People's Union for Civil Liberties v. Union of India, MANU/SC/0038/1982 : (1982) 3 SCC 235.
Labour which is rendered not willingly but as a result of force or compulsion is forced labour. Any factor which deprives a person of a choice of alternatives and compels him to adopt one particular course of action may properly be regarded as 'force' and if labour or 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 the compulsion of economic circumstances which leaves no choice of alternatives 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, where a person provides labour a 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' under article 23; People's Union for Civil Liberties v. Union of India, MANU/SC/0038/1982 : (1982) 3 SCC 235.
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.
Article 42 calls for provision of just and humane conditions of work and maternity relief. The State shall make provision for securing just and humane conditions of work and for maternity relief.
Article 43 deals with living wages, etc., for workers.
According to dictionary, slave is a person who is the property of and wholly subject to another.
Section 37A of the Indian Penal Code is a penal provision in this regard. Under 32 heading of 'unlawful compulsory labour', it reads, "whoever unlawfully compels any person to labour against the will of that person, shall be punishable with imprisonment of either description for a term which may extend to one year, or with fine, or with both".
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 are relevant in this regard. If the value of those services as reasonably assessed is not applied towards the liquidation of debt or the length and nature of those services, are not respectively limited and defined?
Bonded labour in the farming sector is mostly due to caste based prejudices against the Dalit communities.
UN Supplementary Convention on the Abolition of Slavery, 1956 is a also a document relevant in this regard.
1. Convention No. 29 on Forced or Compulsory Labour (1930). The term forced or compulsory labour shall mean all work or service, which is exacted, from any person under the menace of any penalty and for which the said person has not offered himself voluntarily.
2. Convention No. 105 concerning Abolition of Forced Labour. The member party which has ratified this convention is required to suppress and not to make use of any form of forced or compulsory labour.
Government of India has ratified both the Conventions.
Number of Bonded Labour in India 2.6 million as per a survey by Gandhi Peace Foundation and National Labour Institute conducted in 1978-79.
The Supreme Court by its order dated 11 November, 1997 directed that the National Human Rights Commission should be involved in dealing with the issue of bonded labour.
In pursuance of the above order, a Central Action Group has been constituted by the NHRC.
1. This Act provides for the abolition of the system of bonded labour. It frees unilaterally all the bonded labourers from bondage with simultaneous liquidation of their debts.
2. The Act does away with every obligation of a bonded labourer to repay any bonded debt. It also dispenses with the future liability of repaying a bonded debt.
3. Whenever it is found that any workman is forced to provide labour for no remuneration or little remuneration, the presumption would be that he is a bonded labourer unless the employer or the State Government is in a position to prove otherwise by rebutting such presumption; Neeraj Chaudhry v. State of Madhya Pradesh, MANU/SC/0060/1984 : (1984) 3 SCC 243.
4. The law provides that
(a) No suit or other proceedings shall be instituted in any Civil Court for recovery of any bonded debt.
(b) Every attachment made before the commencement of the Act for the recovery of any bonded debt shall stand vacated.
5. The district and sub-divisional magistrates have been entrusted with certain duties/responsibilities towards implementation of statutory provisions.
6. Vigilance Committees are required to be constituted at the district and sub-divisional level for implementation of the provisions of the law. They are composite bodies with representatives from different cross-sections of the society and have a term of two years.
7. Registers containing the names and addresses of all freed bonded labourers, their vacation, occupation and income, details of the benefits received are required to be maintained under the Bonded Labour System (Abolition) Rules.
An Act to provide for the adoption of bonded labour system with a view to preventing the economic and physical exploitation of the weaker sections of the people and for matters connected therewith or incidental thereto.
Means any labour or service rendered under the bonded labour system.
Means a labourer who incurs, or has, or is presumed to have, incurred a bonded debt.
This term has a very elaborate definition. In short, "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 - (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 the document) and in consideration of the interest, if any, due on such advance, or (ii) in pursuance of any customary or social obligation, etc.
The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any enactment other than this Act, or in any instrument having effect by virtue of any enactment other than this Act.
On the commencement of this Act, the bonded labour system shall stand abolished and every bonded labourer shall, on such commencement, stand freed and discharged from any obligation to render any bonded labour.
(2) After commencement of this Act, no person shall
(a) make any advance under, or in pursuance of, the bonded labour system.
(b) Compel any person to render any bonded labour or other form of forced labour.
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 dependant of such person, is required to do any work or render any service as a bonded labourer, shall be void and inoperative.
Vide section 6 of the Act, after the commencement of this Act, liability to repay bonded debt to stand extinguished.
It was held that a writ petition under article 32 by public spirited organization on behalf of persons belonging to socially and economically weaker section complaining violation of their human rights on being forced to serve would be maintainable. State can be directed to ensure compliance of social welfare legislations; Bandhua Mukti Morcha v. Union of India, MANU/SC/0051/1983 : (1984) 3 SCC 161.
Section 8 makes it clear that the freed bonded labourer are not to be evicted from homestead etc.
Sections 10-12 enumerate various implementing Authorities.
Vigilance Committees are provided for under sections 13 & 14.
Whenever a debt is claimed by a bonded labourer, or a Vigilance Committee, to be a bonded debt, the burden of proof that such debt is not a bonded debt shall lie on the creditor.
Punishment for enforcement of bonded labour is dealt under section 16. Compelling any person to render any bonded labour may invite upto three years imprisonment and also upto two thousand rupees fine.
Section 20 lays down abetment to be an offence.
Section 21 allows offences to be tried by an Executive Magistrate
Section 22 makes every offence cognizable and bailable.
Notwithstanding the legal framework provided under the above statute, the practice continues unabated in India due to the failure in the implementation of the laws. Freedom from bondage would be attainable only by recourse to productive and income generating schemes.
In modern days civil society is playing a greater role in nation building exercise. The commendable role played by NGOs in very many situations strengthen the confidence of general public in NGOs. The State may not always be in a position to reach out to the needy. Civil society could efficiently fill up this gap; People's Union for Civil Liberties v. State of Tamil Nadu, MANU/SC/0468/2004 : (2004) 12 SCC 381.
© Universal law Publishing Co.