Bonded Labour System (Abolition) Act 1976 

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BACK GROUND

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.

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. 25^th 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. 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’- this is how the subject figures as an item in the old 20 Point Programme for national reconstruction, which goes to show the primacy and centrality attached to this subject at the national level.

INSTITUTIONAL ARRANGEMENT

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. 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. 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.

SURVEY AND REHABILITATION

The issue of bonded labour has been discussed in the Supreme Court/High Court in the form of several public interest litigations. As per directions of the Supreme Court in WP No.3922/85, a survey for identification of bonded labourers was conducted during October-December 1996. 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.

 

CENTRAL ACTION GROUP OF NATIONAL HUMAN RIGHTS COMMISSION

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 and the matter is being pursued with the State Governments.

 

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