In this article, Panwar Aklovya from Institute of Law, Nirma University discusses laws prohibiting exploitation of labours in India.

BONDED LABOUR: A MENACE TO SOCIETY

Introduction to the research undertaken

Nowadays, India is facing many problems whether it is of poverty, corruption or inequality but all these problems give rise to one of the biggest human tragedy that is of bonded labor. The essay tries to propose various areas of bonded labor and the methods to cope up with this problem there are various examples that why this problem is deeply encapsulated in our system and why there is hierarchy from parents to the child involved in this system of bonded labor. The essay also tries to propose the sector in which this system is in exuberance and various laws dealing with it and introduce with the reasons and solutions of this problem.

INTRODUCTION

 ‘India’, a term which always makes people anxious to envisage about a society which has been at contrast from the antediluvian time, it is a type of society which deals with innumerable ironies. We, after calling ourselves Secular, remain in conflict with each other in the name of religion; on one hand, we talk about equality for all in status and opportunity while on the other side we are unable to handle the problems of untouchability, discrimination and unequal distribution of resources. We have humongous buildings, large cities but with this, we can’t ignore the underdeveloped and less privileged slums of New Delhi, Mumbai, Madras and many such places. We have fertile lands of Punjab in one corner of the country whereas; we also have barren fields of Bihar. At one instance, we talk about India being a developed nation and try to compare ourselves with nations like America, China, Russia and many others. On the other hand, we are unable to cope up with the problems of poverty and corruption.

At a time when India is wooing the foreign nations for its economic boost and always appears in headlines for that, a large majority of its immense population is suffering a life of poverty and misery. Thus, while India is paving its way towards modernity, it is leaving in its wake millions of illiterate, undernourished and poor without a future or even a real social existence. Such poverty and social injustice lead us to various human tragedies among those exuberant tragedies the one is of bonded labor.

Bonded labor system has been abolished in India and bonded laborers were freed from any obligation to render bonded labor and payment of debt with the commencement of the Bonded Labour System (Abolition) Act, 1976.[1] The first systematic survey of bonded labor was carried out by the Gandhi Peace Foundation and the National Labour Institute during May to December 1978 and placed the total number of bonded laborers at 2.62 million (Sarma, 1981). The estimate was based on a survey of 1000 villages in 10 states. In the survey, 61.5% of the bonded laborers were members of Scheduled Castes (SC) and 25.1% were members of Scheduled Tribes (ST). Among the employers, 89% were an agriculturist.[2]

As per the definition adopted by the Ministry of Labour and Employment in the light of Section 2(g) of the Bonded Labour System (Abolition) Act, 1976, the following are considered bonded laborers:

• Service without wages or less than prescribed minimum wages/lower than the market wage, for same or similar nature of work in the locality;
• Denial of choice of alternative avenues of employment;
• Denial of the right to move freely as a citizen in any part of the territory of India;
• Denial of the right to sell one’s labor or the product of one’s labor at market value;
• The existence of any, some or all these consequences is sufficient to prove the occurrence of bonded labor system.

In short, bonded laborer is one who renders his/her service on account of certain obligations flowing from loan/debt/advance and works at a rate much lower than existing wage rate.[3]

But bonded labor still exists in our country where the debtors have to work for the creditor. Under this system, the family members also have to suffer and have to work, there is no minimum wage set on which they have to work and no prescribed time limit all they have to do is to pay for their debt. If we search beyond and ponder on various aspects of our society, we can see that the origin of bonded labor system is a result of feudal and semi-feudal conditions.

CASTE BASED SLAVERY

It is an outcome of certain categories of indebtedness, like customary obligations, forced labor, beggar or indebtedness which have been prevailing for a long time involving certain economically exploited, helpless and weaker sections of society.[4] They agree to render service to the creditor in lieu of a debt. In the system of bonded labor, several generations have to work under slavery for repaying the debt which belongs to their ancestors. This mode of commerce system is vague in itself because it leads to worst level violation of human rights and a disgrace to the labor’s dignity. And the main problem is that we cannot go away from this culture of bonded labor easily because it is deeply encapsulated in our system.

There is a village in Uttar Pradesh called “Bandhua” which literally means “bonded”. Bonded labor is known by different names across the country. For instance, in farming sector in the states of Gujarat and Uttar Pradesh, it is known as Hali. Kaimuti, Janouti and Kamiah are terms used in the state of Bihar. In Orissa it is known as Gothi, in Andhra Pradesh, it is Gassi Gallu and in Tamil Nadu, it is Panal Pathiran. Bonded Labour Predominantly exists in the informal and unregulated sectors which employee around ninety percent of the Indian labor force.[5]

Nowadays, we can see bonded laborers everywhere whether it is rural or urban area. It is not only limited to agriculture and mining but now can be seen in cigarettes, matchbox, bricks, silk, bangles and ceramic factories as well in the system of joginis and devdasis. This is a kind of Modern form of Slavery. And in this form of slavery, individuals of every age and sex are suffering. If we try to ponder upon the causes of this problem there are many, such as poverty, inequality, caste based discrimination, lack of education, improper implementation of laws, etc. And these problems make a class which is called “poor” in our society. The problems exacerbated when these poor belongs to an outcast community like dalits , or to minority ethnic group such as “Adivasis” because there is a stigma attached to them that they are called “untouchables” and these people cannot be employed in certain job sectors such as selling of food and products used in worshipping. Due to which they have to face unemployment and are forced to be bonded laborers doing work mainly such as manual Scavenging, cleaning the houses of the socially and economically influential class people, picking up the garbage from the road and various other places, etc.

Now the paper would be highlighting some incidents of sector wise bonded labor.

AGRICULTURE

The National Commission on Rural Labour (NCRL), 1991, basing itself on the Study Group on Bonded Labour, chaired by B. N. Yugandhar.[6] According to this survey, it was found that agriculture sector was the main focus of bondage labor. It can be seen today as well, in Uttar Pradesh and Chattisgarh, the workers appear to be free tenants but in reality they are bonded labours because they borrow money from their landlords for buying seeds, fertilizers, and irrigation which they have to reimburse due to which they fall in debt and this leads them to be bonded labourers. Similarly, in Punjab, where agriculture is so refined, bonded laborers are known as Siri. They are not able to freely choose their employment and have to work for long hours in the fields of the creditor. In this system, people are mainly from lower social strata of society such as scheduled caste, scheduled tribe, dalits, etc. Because of this, the whole family have to suffer, wives of the siris become cattle shed workers and children have to involve with their parents in agriculture and are known as Pali.

Mirzapur District of Uttar Pradesh also recognised the same problem of bonded labours where Kol tribes are indebted to their landlords for more than one generation.

Another prevalent system of bonded labour in Chattisgarh is kamia-malik in which kamia the male servant, along with his family, has to work in the homes and farms of the “malik”, the master, until the debt is paid off.[7]

In all the above cases bonded labours is unending because there is a rise of bonded labour in a hierarchal and chronological manner from parents to children.

INFORMAL SECTOR

A number of bonded laborers in the informal sector is very high in professions from the brick kiln to biddi manufacturing factories. There is a boom of this modern form of slavery. The individuals work in the factories in very drastic and miserable conditions. There is no time limit prescribed and their wages are used by the “intermediates” and “Dalals” to fill their own pockets. These workers have to compromise with their health conditions because the milieu in which they work is polluted, unhealthy and unhygienic. With every breath they take they inhale pounds of ash, dust, smoke, glass pieces, etc. Coercive nature is used to discipline the workers and silence their grievances.

In the Gautambuddha district of the state of Uttar Pradesh, workers are mostly migrants from eastern Uttar Pradesh, Bihar and West Bengal, including women and children who are not paid for their work. The Brick kilns are usually heavily guarded and restrictions are also placed on the freedom of movement of the workers.[8]

Amongst all the above questions about bonded labor, the biggest question is how can we extirpate this system which is culturally encapsulated in our society?

The Indian government has tried a lot to lead this system of modern slavery to an end but every time the big pockets of corrupt leaders, the mischievous-minded mediators who have the habits of money making at the cost of others, the improper implementation of laws and the system filled with loopholes. All these things in tandem hinder the way towards any positive approach. We have enough laws in our constitution to deal with the problem. Some of the constitutional safeguards for bonded labor are discussed in the latter half of this paper.

CONSTITUTIONAL AND LEGAL SAFEGUARDS

The Constitution of India guarantees all its citizens – justice – social, economic and political; freedom of thought, expression, belief, faith, and worship; equality of status and of opportunity and fraternity, the dignity of individual and unity of the nation.

Article 23 of Constitution of India[9]

Prohibition of traffic in human beings and forced labor:

• Traffic in human beings and beggar and other similar forms of forced labor are prohibited and any contravention of this provision shall be an offense 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 of religion, race, caste or class or any of them.

Article 39 of Constitution of India[10]

Certain principles of policy to be followed by the States

Article 39(a) provides that the citizens, men and women equally, have the right to an adequate means of livelihood. Article 39 (d) provides that there is equal pay for equal work for both men and women and Article 39 (e) provides that the health and strength of workers, men, women and the tender age of children are not abused and that the citizens are not forced by economic necessity to enter avocations unsuited to their age or strength.

Article 42 of Constitution of India[11]

Provision for just and humane conditions of work and maternity relief: The State shall make provision for securing just and humane conditions of work and maternity relief.

Article 43 of Constitution of India[12]

Living wage etc. for workers: The State shall endeavour to secure, by suitable legislation or economic organization or in any other way, to all workers, agricultural, industrial or otherwise, work and living wage, conditions of work ensuring a decent standard of life and full enjoyment of leisure and social and cultural opportunities and, in particular the State shall endeavour to promote cottage industries on an individual or co-operative basis in rural areas.[13]

PROBLEM IN THE SYSTEM OR IN THE MINDSET

Now the main question is that after having such a huge bunch of legal safeguard why we are unable to demystify the solution for the problem. As per the Bonded Labour System (Abolition) Act, 1976, the Master, who keeps the laborer(s) in bondage is required to be prosecuted but in actual practice only a small number of Masters are prosecuted and this number also varies highly from district to district.[14] This is because the landlords are so wealthy that they have enough power to keep the mouths shut off those who are going against them and enough money to keep pockets full of those who are helping them in this illegal act.

So government should provide a proper implementation of the laws and rehabilitation to these bonded labors so that they do not have to depend upon the landlords.

• Present rehabilitation amount is Rupees 20,000 per rehabilitated bonded laborer, which is not sufficient for facilitating income generating activities to provide income on a sustainable basis at least at par with wages. Many officials with whom the discussions were held in this regards felt that the amount should at least be raised to Rupees 50,000 per rehabilitated bonded laborer.[15]
• Orientation/sensitisation workshops in consultation with the Ministry of Labour and Employment, Government of India should be organized at sub-division level to discuss the issues relating to identification, release, and rehabilitation of bonded laborers with the officials concerned with these issues at ground level and NGOs working for the cause of bonded laborers.[16]
• There is a strong need for making these labors economically independent which can only be possible when several developing agencies and NGOs provide them information about various poverty alleviation program as like MGNREGA and many other such programs.
• The government should do Massive awareness campaign in all the districts of the state especially in rural areas about the evils of bonded labor system. Such awareness campaigns should be organized at regular intervals, to encourage identification of released bonded labors and to aware the people about the problems and rights of bonded labors

The solution lies not only in the legal level but in the societal, mental and cultural level as well. Before blaming the outside factors and seeking government for the solutions we have to blame ourselves and find solutions from within.

CONCLUSION

From the very beginning of our life, we are surrounded by those people who only taught us about class and caste discrimination. We were hindered from playing with the children’s whom our society called backward class; we cannot eat food which is touched by the people of these classes.

 Due to which these peoples’ area of job seeking falls limited and they are forced to be bonded labor. This is why we need to change our mental viewpoint at first place we have to understand that class and caste is not universal, it is what we make, and it is what we decide, all these normative thinking have to be flush out from the psyche of the people which can only be possible by educating them because education plays a very important role in shaping the demeanour of a person through which there can be a possibility of equal distribution of opportunities and there should also be respect for the labours dignity.

These people should also be counseled about the factor and should provide confidence that they are meant not only for these types of works but they can also be a part of respectful professions whether it is teaching, engineering, etc. all they need is education. They can educate their children’s and can live a life worth living. They have to understand that they are not born for being slaves they can be kings as well and can live the way they want and can have employment wherever they want.

So the solution lies at the ground level after all this, then finally we can say that the persistence of bondage is a consequence of weak enforcement of labour laws and the laws of the land because India has a plethora of labour legislation regulating the conditions of work of contract and migrant labour, prohibiting child labour in hazardous industries, and for minimum wages. But these remain in large part unimplemented. More significantly, in case after case, there is a violation of the fundamental human rights of workers, which are enshrined in the Constitution.  A concerted effort to ensure implementation of the law, by the government in close cooperation with employers’ and workers’ organizations and civil society, is called for in this respect.[17]

References

[1] Bonded Labour Rehabilitation Scheme under Centrally Sponsored Bonded Labour System (Abolition) Act, 1976 in the state of Madhya Pradesh, Orissa, Rajasthan, Tamil Nadu and Uttar Pradesh, Planning Commission, Govt. of India available at http://planningcommission.nic.in/reports/sereport/ser/ser_bon0405.pdf, last accessed 24/02/2016, 22:09 IST.

[2] Ibid.

[3] Ibid.

[4]Know  Your Rights Series: Bonded Labour, National Human Rights Commission, India available at nhrc.nic.in/Documents/…/KYR%20Bonded%20Labour%20English.pdf, last accessed 24/02/2016, 22:09 IST

[5] Silvia Palomba and Sr. Namrata Joseph cfmss,11 Modern Slavery in India: Cases of bonded labour, Franciscans International  37-39 Rue de Vermont  1211 Geneva  Switzerland, (2012)

[6] supra note 1.

[7] Silvia Palomba, Sr. Namrata Joseph cfmss,17 Modern Slavery in India: Cases of bonded labour, Franciscans International 37-39 Rue de Vermont 1211 Geneva  Switzerland, (2012)

[8] Silvia Palomba, Sr. Namrata Joseph cfmss,19 Modern Slavery in India: Cases of bonded labour, Franciscans International 37-39 Rue de Vermont 1211 Geneva  Switzerland, (2012)

[9] Constitution of India art.23.

[10] Constitution of India art.39.

[11] Constitution of India art.42.

[12] Constitution of India art.43.

[13] supra note 4

[14] supra note 1

[15] supra note 1

[16] supra note 1

[17]Ravi S. Srivastava, Bonded Labour in India: its Incidence and Pattern,35 International Labour Office Geneva  (2005)