In this article, Shrey Chakraborty of Symbiosis Law School, Hyderabad discusses Laws related to bonded labour in India.

Various forms of slavery existed in the Indian society before its independence. It was first legislatively abolished by the British Empire in 1843, through Act No.V of 1843 also known as the Indian Slavery Act, 1843. However, this practice has not been completely eradicated from the Indian society till date. One of the most common forms of slavery which is still prevalent in the Indian society is bonded Labour. Even after the independence, there have been several legislations passed in India which abolishes bonded labour. This article would be dealing with the constitutional safeguards available and the laws that abolish this practice. Further, this article would also discuss the possible causes of the continuance of this practice in India. But before dealing with any of that, we must understand what exactly is bonded labour.

What is bonded labour?

Bonded labour has been defined as well as addressed as a prohibited practice in several international conventions as well as a many Indian legislations. It is a system of forced (or partly forced) labour in which a debtor enters (or presumed to have entered) into an agreement with the creditor. Owing to this agreement, following are the end results:

1. Render services to the creditor (by himself or through a family member) for a specified (or unspecified) period of time with no wages (or nominal wages).
2. Forfeit the right to move freely.
3. Forfeit the right to appropriate or sell the product or property at the market value from his (or his family members’) labour or service.

This definition has been provided in the Bonded Labour System (Abolition) Act 1976.

The said agreement of bonded labour results into an undeniable loss of freedom on part of the debtor. However, the scope of ‘loss of freedom’, as used above has not been defined so what would be the yardstick of this ‘loss of freedom’? The National Human Rights Commission has elucidated on the scope in the following manner:

• Loss of freedom of employment or alternative avenues of employment to sustain a decent livelihood.
• Loss of freedom to earn the minimum wage as notified by the Government of India.
• Loss of freedom to move from one part of the country to another.

So speaking in simple words, the system of bonded labour refers to a system wherein a creditor and a debtor enter into an agreement of rendering services of the debtor as a mode of repayment of the said amount. This agreement may lapse with time or may continue for an uncertain period of time.

This is also referred as a debt bondage or for the lack of a better word, debt slavery. It is important to understand that not all the forms of bonded labour are forced but all the forms of bonded labour involve a certain bondage. It is due to this bondage, the very Constitution of India abolishes the practice of bonded labour.

As per Article 23 of the Indian Constitution, traffic in human beings and other forms of forced labour are prohibited. Based on this constitutional provision, the Government of India passed The Bonded Labour System (Abolition) Act, 1976. In this context, the Supreme Court of India deliberated in the following words – “We are, therefore, of the view that when a person provides labour of 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.”

As we can observe, the Supreme Court has well interpreted this constitutional provision and expanded the scope of Article 23 in this case.

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.

What is the consequence of abolition after 1976 under the Act of 1976?

1. All the bonded labourers are freed and discharged from all the obligations to render their bonded labour.
2. All of the customs, traditions, contracts, agreements or any instruments by virtue of which a person (or any member of the family) is required to render bonded labour to someone will now be deemed as void.
3. Every obligation of a bonded labourer to repay any bonded debt shall be deemed to be extinguished.
4. All the decrees for recovery of bonded labour debt which was not fully satisfied shall be deemed as fully satisfied after the commencement of the Act.
5. Every property of a bonded labourer which was removed from his possession or forcible taken from him, shall be restored to him.
6. Every bonded labourer who has been detained in Civil Prison shall be released.
7. Freed bonded labourers shall not be evicted from their homestead.

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.

“I worked there for three months. Sometimes I did not get any food. I woke up at 4:30 a.m. and slept at 10 p.m. … My employer shouted at me, “You are a poor person. You have to know your position, you are here to work.” I was not allowed to go out of the house. I had not seen my family since I left home. I was not paid any salary.… [My employer] hit me when she was angry. … She laughed when I asked that I wanted to see the doctor.” – Asma, child domestic worker, age sixteen, Medan, Indonesia, December 13, 2004 (Human Rights Watch 2006, 1).

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.

References

1. Article 1(a) of the United Nations‘ 1956 Supplementary Convention on the Abolition of Slavery, the Slave Trade and Institutions and Practices Similar to Slavery; Article 2(1) of Forced Labour Convention of 1930; Article 4 of the Universal Declaration of Human Rights.
2. Section 2 (g) of Bonded Labour System (Abolition) Act 1976.
3. Know Your Rights, Bonded Labour by National Human Rights Commission, 2010.
4. People’s Union for Democratic Rights and others v. Union of India; (1982) 3 SCC 235.
5. Article 39(a) of the Indian Constitution.
6. Section 374 of Indian Penal Code 1860.
7. Neerja Chaudhury v. State of Madhya Pradesh; (1984) 3 SCC 243, 255.
8. People’s Union for Democratic Rights v. Union of India; (1982) 3 SCC 235, 259-260.