Breaking the Chains: The Impact of the Bonded Labor System (Abolition) Act, 1976

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INTRODUCTION

Bonded labor, identified and condemned as a prohibited practice in numerous international treaties and Indian laws, involves a system of coerced or partially coerced labor wherein a debtor is presumed to have made an arrangement with a creditor. This agreement leads to the following outcomes:

    1. Rendering services to the creditor, either directly or through a family member, for a specific or unspecified period without pay or with minimal wages.

    2. Forfeiting the freedom of mobility.

    3. Surrendering the right to own or sell the products or property generated from one's own labor or the labor of family members.

This definition is outlined in the Bonded Labour System (Abolition) Act of 1976.

The practice of bonded labor arises from various forms of indebtedness prevalent among economically disadvantaged, exploited, and vulnerable segments of society. Referred to by different names such as Begar, Sagri, Hali, Jeetham, etc., the system of bonded or forced labor has deep-seated roots across various regions of the country.

The outcomes of the abolition of the bonded labor system, or its characteristics, encompass:

1. Emancipation of all bonded laborers from their obligations to provide bonded labor.

2. Nullification of all customs, traditions, contracts, agreements, or any instruments that coerce an individual or their family members to provide bonded labor.

3. Extinguishment of any obligation of a bonded laborer to repay bonded debts.

4. Decrees for the recovery of bonded labor debts, which were not fully settled, are considered fully discharged upon the Act's commencement.

5. Restoration of any property forcibly taken from a bonded laborer to their possession.

6. Release of any bonded laborer detained in civil prison.

7. Protection of freed bonded laborers from eviction from their homes.


IMPLEMENTING AUTHORITIES

Authorities who may be specified for implementing the provisions of this Act. Sec10

The State Government has the authority to delegate powers and assign responsibilities to a District Magistrate to ensure the effective implementation of this Act. The District Magistrate may designate a subordinate officer under their jurisdiction to exercise some or all of these powers and fulfill some or all of these duties. Additionally, the District Magistrate may delineate the geographical boundaries within which these powers or duties are to be executed by the specified officer.


Duty of District Magistrate and other officers to ensure credit. Sec 11

The District Magistrate, along with the officer designated by the District Magistrate, will endeavor to enhance the well-being of liberated bonded laborers. They will aim to safeguard and advance the economic welfare of these individuals, thereby preventing them from entering into additional bonded indebtedness whenever feasible.

Duty of District Magistrate and officers authorized by him. Sec12

Every District Magistrate and the officer designated by them are obligated to investigate whether, following the enactment of this Act, any form of bonded labor or forced labor is being imposed by or on behalf of any individual residing within their jurisdictional area. If, upon such inquiry, it is discovered that any person is enforcing bonded labor or forced labor, immediate measures must be taken to eliminate the imposition of such labor.

Jai Singh v. State of Punjab Where family members of petitioners were made to work in the obligation of loan advanced, it was held that it is a clear violation of the mandate given under Article 23 of the Constitution and Bonded Labor System (Abolition) Act, 1976. Hence, the District Magistrate was directed to take immediate action under Section 12 of the Act,

VIGILANCE COMMITTEES

Vigilance Committees (Section 13)
Each State Government is mandated to establish Vigilance Committees in every district and subdivision as deemed appropriate.

Composition of District Vigilance Committees:
1. The District Magistrate or an appointed nominee, serving as the Chairman;
2. Three individuals from the Scheduled Castes or Scheduled Tribes residing in the district, nominated by the District Magistrate;
3. Two local social workers nominated by the District Magistrate;
4. Up to three representatives from official or non-official agencies involved in rural development, nominated by the State Government;
5. One representative from financial and credit institutions in the district, nominated by the District Magistrate.

Composition of Subdivisional Vigilance Committees:
1. The Subdivisional Magistrate or a designated nominee, serving as the Chairman;
2. Three individuals from the Scheduled Castes or Scheduled Tribes residing in the subdivision, nominated by the Subdivisional Magistrate;
3. Two local social workers nominated by the Subdivisional Magistrate;
4. Up to three representatives from official or non-official agencies involved in rural development, nominated by the District Magistrate;
5. One representative from financial and credit institutions in the subdivision, nominated by the Subdivisional Magistrate;
6. One officer specified under section 10 and functioning in the Subdivision.

Functions of Vigilance Committees (Section 14):
a. Advising the District Magistrate or authorized officers on the implementation of the Act and related rules;
b. Facilitating the economic and social rehabilitation of freed bonded laborers;
c. Coordinating with rural banks and cooperative societies to provide adequate credit to freed bonded laborers;
d. Monitoring offenses under the Act;
e. Conducting surveys to identify offenses under the Act;
f. Representing freed bonded laborers in legal proceedings against claims of bonded or other debts. Authorized members of the vigilance committee will act as representatives of freed bonded laborers in legal matters.

Burden of Proof:
In cases where a debt is claimed to be bonded, the burden of proof that the debt is not bonded lies with the creditor.

OFFENCES AND PROCEDURE FOR TRIAL

Penalties for Enforcing Bonded Labor:

Anyone who compels an individual to perform bonded labor after the commencement of this Act is subject to imprisonment for up to three years and a fine of up to two thousand rupees.

Penalties for Advancing Bonded Debt:

Anyone who provides bonded debt after the commencement of this Act is liable to imprisonment for up to three years and a fine of up to two thousand rupees.

Penalties for Extracting Bonded Labor under the Bonded Labor System:

Anyone who enforces any custom, tradition, contract, agreement, or other instrument requiring an individual, their family member, or dependent to render service under the bonded labor system after the commencement of this Act is subject to imprisonment for up to three years and a fine of up to two thousand rupees. Additionally, if a fine is collected, the bonded laborer shall receive compensation at the rate of five rupees for each day of bonded labor extracted from them.

Neeraja Choudhary V. State of Madhya Pradesh:

The petitioner alleged that despite a significant amount of time passing, numerous laborers rescued from quarries in Faridabad have yet to be rehabilitated. The petitioner argued that it was the duty of the State Government to ensure the rehabilitation of rescued laborers and that such rehabilitation is essential for upholding the Right to Life guaranteed to them under the Constitution of India, 1950.

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