Bonded labor is a social evil. It is an unfortunate and painful relic of our feudal past. Although feudalism itself has been destroyed, the system of bonded labor has continued to exist in many forms in different parts of our country and has assumed serious magnitude in the world human rights in recent years. As observed by Will Moore Kendall - entering into the society was the necessity of the time, but human being was not prepared to surrender his inherent virtues provided by the nature- freedom and dignity. But the concept of ‘Bandhua Mazdoor’ is inconsistent to these basic virtues guaranteed to citizens as well as non-citizens under Art 21 of the Indian Constitution.
Bonded Labor: Conceptual Analysis:
According to the Statesman Dictionary- Labor under Bondage has been defined as “ a legal deed by which a person engaged himself and his representative to fulfil specific condition or pay money.” The Royal Commission on Labor (1931) has defined it as follows- “ The labor borrows money from the landlord under a contract to work until the debt is repaid. The debt tends to increase rather than diminish and the man, and sometimes his family, is bound for life”.
The Bonded Labor System (Abolition )Act 1976 has defined the term to mean-“ A laborer who incurs or has or is presumed to have incurred a bonded debt.” It is a system of forced labor under which the debtor enters into an agreement with the creditor to the effect that he would render, by himself or through any member of his family or any person dependant upon him, labor or service to the creditor for a specified period or for an unspecified period, either without wages or for nominal wages, or
• Forfeit the freedom of employment in other means of livelihood for a specified period or unspecified period or
• Forfeit the right to move freely throughout the territory of India or
• Forfeit the right to appropriate or sell at market value any of his property or product of his labor or that of a member of his family or any person dependant on him.
The National Sample Survey Organization (June, 1977) has viewed bonded labor as
“working with an employer under obligation but work not specifically compensated by any wage/ salary.”
The above definitions reveal that a bonded laborer has virtually no bargaining power. He has no right to refuse to work except under the terms set by his master. He can neither quit nor take up work of another employer. By virtue of economic compulsions or customary needs, the bonded laborer is tied to his master and subject to his whims and fancies. As pointed by the apex court of the country “ They are non- beings, exiles of civilization living a life worse than that of animals, for the animals are at least free to roam around about as they like and they can plunder or grab food whenever they are hungry, but these outcasts of society are held in bondage, robbed of their freedom and they are confined to an existence when they have to live either in hovels or under the open sky and be satisfied with whatever little unwholesome food they can manage.. Not having any choice they are driven by poverty and hunger into a life of bondage to a dark bottom less pit in a cruel exploitative society from which they cannot hope to be rescued.”
Constitutional and Statutory Prohibition:
The Constitution of India, a humane document which directs every organ of the state to strive for the fullest development of the personality of every individual , enacts in Art 21 that- “ No person shall be deprived of his life and personal liberty except according to the procedure established by law.’
The fundamental right to life has many attributes. It includes the right to live with human dignity, and all that goes along with it, namely, the bare necessities of life viz, adequate nutrition, clothing and shelter and facilities for reading, writing and expressing oneself in diverse forms, freely moving about, mixing and commingling with fellow human beings, right to protect against torture or cruel or inhuman treatment. In Maneka Gandhi v. Union of India the Supreme Court held that the expression ‘personal liberty’ is of the widest amplitude and it covers a variety of rights which go to constitute the personal liberty of man and includes the right to eat or sleep when one likes or to work or not work as and when one pleases and several such other rights.
Art 23 of the Constitution deals with Right against Exploitation. ‘Exploitation’ means the utilization of person for one’s own ends. It is opposed to the dignity of the individual, to which the preamble of our constitution refers. It is also opposed to the Directive Principles of State Policy, for example, Art 39(e) and (f) which provides respectively that the state shall ensure that the health and strength of workers, men and women and the tender age of children are not abused and that citizens are not forced by economic necessity to enter into avocations unsuited to their age or strength; that childhood and youth are protected against exploitation and against immoral and material abandonment.
Art 23(1) prohibits traffic in human beings and beggar and other similar forms of forced labor and provides that any contravention shall be an offence punishable in accordance with law.
The word ‘begar’ has not been defined in the Constitution but it may be defined as ‘labor or service exacted by government or a person in power without giving remuneration for it.’ The word ‘other similar forms of labor’ has been held to include every form of forced labor and it makes no difference whether the person who is forced to give his labor or service to another is remunerated or not.
In Bandhua Mukti Morcha v. Union of India , Justice Bhagwati classified bonded labor under Art 23. The learned judge stated, ‘The system of bonded labor stood prohibited by Art 23 and there could be no more solemn and effective prohibition than the one enacted in the Constitution.’
To give the Constitutional provisions a true shape, it was essential that the Government enacted a law so as to put an end to this gruesome system of exploitative labor. The most sincere attempt came on July 1, 1975 when our late Prime Minister, Smt. Indira Gandhi, in her 20 point program stated- “The practice of bonded labor is barbarous and will be abolished. All contracts and arrangements under which services of such bonded labor are now secured will be declared illegal.’ This announcement was followed the promulgation of the Bonded Labor System (Abolition) Ordinance, 1975 which was later replaced by a duly enacted law in 1976.
The main thrust of the 1976 legislation is on the abolition of any form of forced labor. In other words, the practice of bonded labor has been declared illegal and all such laborers have been freed and discharged from any obligation to render bonded labor immediately after the commencement of the Act. The principal features of the Act may be summarized as follows:
The Bonded Labor System stands abolished.
Every obligation to repay any bonded debt or any part of it, if remain unsatisfied, shall be deemed to have been extinguished.
No suits or proceedings shall be brought in the civil court or before any other authority for the recovery of the bonded debts.
Any decree or order for the recovery of the bonded debt shall be deemed to have been fully satisfied.
Any attachment made for recovery of bonded debt shall stand vacated.
Any attachment of movable or immovable property shall stand vacated and such property shall be restored to the bonded laborer.
The bonded laborer shall not be evicted from any homestead land which he is in occupation under any obligation.
Any person who compels another to render any bonded labor shall be punished with imprisonment for three years or fine upto two thousand rupees.
Every offence under the Act shall be cognizable and bailable.
The task of implementation of the provisions of this Act is cast on the District Magistrates. The latter as well as every officer authorized by him has duty to take such action as may be necessary to eradicate the system within his jurisdiction .
The law further envisages people’s cooperation by constituting Vigilance Committees in each district and subdivision by the State Government. The functions of the committee, inter alia, are as follows :
To advice the District Magistrate to ensure that the provisions of the Act and the rules made there under are properly implemented.
To provide for the economic and social rehabilitation of the freed bonded laborers.
To coordinate the function of rural banks and cooperative societies with a view to canalizing adequate credit to the freed bonded laborers.
To keep an eye on the number of offences to which cognizance has been taken under the Act.
To make a survey as to whether there is an offence to which cognizance ought to be taken under the Act.
To defend a suit instituted against a freed bonded laborer
Implementation of the Act:
The passing of the Bonded Labor System (Abolition) Act has not been of much consequence. Very little achievements have been made over the years. As revealed by statistics, upto April 1989, 242618 bonded laborers had been identified. Out of these, 231559 had been released. Only 210091 such laborers had been rehabilitated upto January, 1988 and only 11344 cases had been registered against the keepers of bonded laborers.
Another statistics on child labor states that ‘India has some 44 million workers under the age of thirteen, with 300,000 in the carpet making industry alone…By conservative estimates, there are thought to be at least 5 million children in bonded labor in India’.
A recent incident of brutality perpetrated against bonded laborers caught the attention of the present writers . Herein, a laborer borrowed a sum of Rs. 300 from an affluent person of his village and later repaid the amount with the interest agreed upon. But the lender insisted that he still owed Rs. 150 as interest which the laborer could not pay. To treat him a lesson, few persons, at the instance of the moneylender, poured acid on the laborer and his family, comprising of his wife and son. The three have been admitted to the hospital and is presently undergoing treatment.
The above suggests the prevalence of the system of bonded labor till today. It also illustrates the deplorable condition of the modern day slaves, on the one hand and the extreme apathy and non-committal approach of the governmental officials on the other. As observed by Justice P.N.Bhagwati -
“ The process of identification and release of bonded laborers is a process of discovery and transformation of non-beings into human beings and what is needed is determination, dynamism and the sense of social commitment on the part of the administration to free bonded laborers and rehabilitate them and wipe out this ugly inhuman practice, which is a blot on our national life.”
Judicial Approach:
The problem of bonded labor has also received the attention of the highest court of the land. In Bandhua Mukti Morcha case the Supreme Court expressed dissatisfaction for the indifferent and callous attitude of the Government in handling the problem of bonded labor. It stressed on the need for rehabilitation of the freed laborers and added that the concept of rehabilitation should have the following four features:
a) Psychological rehabilitation must go side by side with physical and economic rehabilitation b) the physical and economic rehabilitation should include all major components like agriculture, animal husbandry, promotion of traditional arts and craft, wage employment, health, education, medical care and protection of civil rights c) the different components of the rehabilitation schemes sponsored by the Central and state governments require integration so as to avoid duplication d) the bonded laborers selected for rehabilitation should have a choice between the various alternatives so that they do not slide back to debt bondage.
Neeraja Chowdhury v. State of Madhya Pradesh is another momentous decision of the Supreme Court. Based on a letter addressed to a judge, narrating the woeful condition of about 135 laborers in the stone quarries of Faridabad, the Supreme Court took serious view of the lax attitude of the State in identifying, releasing and rehabilitating the bonded laborers. It held that- It would be cruel to insist that a bonded laborer in order to derive the benefits of the social welfare legislation should have to go through the process of trial with the normal procedure. That would be a totally futile process because it is obvious that a bonded laborer cannot stand the rigidity and formalism of the legal process due to poverty, illiteracy and socio- economic backwardness. Whenever it is shown that a laborer is made to provide forced labor, the court would raise the presumption that he is required to do so in consideration of an advance received by him and is therefore a bonded laborer. The court further pointed out that- it is not enough merely to identify and release bonded laborers, but it is equally and perhaps more important that after identification and release they must be rehabilitated because without it they would be driven by poverty, helplessness and despair into serfdom once again. The Court suggested the following steps to be taken in this regard:- a) the officers appointed should be properly trained and sensitized so that they feel attached to the misery and suffering of the poor b) there should be constant check and supervision over the activities of these officers c) intensive study of the areas traditionally prone to the system of debt bondage should be undertaken by Vigilance Committees with the help of social action groups.
Social Engineering, Social Justice And Bonded Labor System- An Impact Analysis
“ Looked at functionally, the law is an attempt to satisfy, to reconcile, to harmonize, to adjust…overlapping and often conflicting claims and demands, either through securing them directly and immediately or through delimitation or compromises of individual interests so as to give effect to the greatest total of interest or to the interests that weigh most in our civilization with the least sacrifice of the scheme of interest as a whole.” Thus law is an instrument which controls interest according to the requirements of the social order. It represents the consciousness of the whole society. Pound viewed law as some ‘ brooding omnipresence in the sky operating outside of particular interests.’
The bonded labor system involves the relationship of the master or employer with his laborer. The interests of two classes of individuals are therefore involved – the employer, who needs laborers to carry out his business or trade, the ultimate motive being to earn more and more profits; and the laborer who needs to satisfy his basic necessities of life. The latter is compelled by circumstances to pledge his life and labor in the hands of the former who, in turn, exploit him to serve his own selfish interests.
This being the picture on one side, on the other stands the society which hopes to bring about a just social order in which life, liberty and equality reign supreme. Infact, all modern societies are founded on these basic pillars of ‘social justice.’ As observed by Justice Krishna Iyer , “ Struggle for social justice throughout the history centred around some demand for equal rights, that is, struggle against slavery, monarchy, economic exploitation etc. The concept of social justice is based on the idea that all men are equal in society without distinction of caste, color, creed.” Since the modern society is in continuous pursuit of this concept of social justice, it strives to bring about a balance or equilibrium between the social interests on the one hand and the individual interest on the other. Infact, it suppresses the individual interest to the extent to which it is in conflict with the larger interest, that is, the well being of the society. Such being the case, the state views the interest of bonded laborers who are deprived of their basic human rights- life, liberty, dignity, as a social interest which must prevail over the interest of employers. As Pound enumerates in his concept of social engineering that laws serve only those interest that conduce to the good of the whole society; similar is the case of bonded laborers who are weak, vulnerable and unable to safeguard themselves against the exploitation by their masters. The state strives to protect their interests in order to achieve social welfare and ensure them the sacrosanct rights of life and liberty and thereby establish a sort of social justice.
Thus it is clear that the state enacts laws to secure the claims or interests of the downtrodden and such laws, in turn, protect the interests of society. The Bonded Labor System (Abolition) Act, 1976 is one such legislation. It has declared the system of bonded labor as illegal and unconstitutional being contrary to the provisions of Art.21 and 23 of the Constitution. It has attempted to free the laborers from the clutches of their cruel masters. The Act has ensured them the freedom of life and work and most importantly, the freedom of choice. The Act has made every possible provision to secure the social interest or the well being of the society by curtailing the narrow interests of the employers and upholding those of the laborers. It has sought to engineer the society towards a new social order where justice, social, economic and political, shall inform all institutions of national life.
Leo N. Tolstoy had once observed- “the abolition of slavery has gone on for a long time. Rome abolished it, America abolished it and we did, but only the words were abolished, not the thing.” In the words of Justice Krishna Iyer, “the great pledge to protect social justice as a fact of national life and underwrite its triple components of equality, dignity and the basic minima of human needs to every Indian was made at the historic hour before midnight when India awoke to Freedom. But the midnight continues and the masses caught in the darkness ask in agony, where is the dawn?” “ Social justice, the ideological signature of our constitution is Vasudhaiva Kutumbakam or Lokah Samasthou Sukhino Bhavatu. But the goal is too far away to be achieved.”
The mere passing of the Bonded Labor (Abolition) Act has not put an end to the miseries of the poor laborers. Even after several years of its passing, the bonded laborers have not become free- socially, economically or psychologically and a large number of them are still found in stone quarries, stone crushers, firms, brick kilns, construction projects etc., working under the most inhuman conditions. Law as a reconciler of conflicting interests and an instrument for the fulfillment of social well-being has failed in its basic objectives. It has also failed to bring about the desired goal of social justice ‘which brings within its sweep the objective of removing all inequalities and affording equal opportunity to all citizens in social affairs as well as economic activities.’
CONCLUDING REMARKS:
The system of bonded labor is amongst the oldest and most pervasive economic institutions prevalent in India. It has survived over ages primarily because of the poverty and caste structure of the society. The central theme of the bonded labor system has been the conflict between the individual employers and the bonded labourers . The interests of the latter class of persons, characterized as primary social interest, have been safeguarded by the State. It has made endeavors to fulfil the claims or demands of the poverty stricken masses and passed the Bonded Labor System (Abolition) Act 1976, which, however, has met with little success. The Supreme Court in Asiad workers case, Bandhua Mukti Morcha etc. also adopted a positive attitude and tried to render assistance to these poor and deprived laborers so that they can come out of the clutches of their masters. But yet the goal is far fetched. Mere passing of laws is probably not sufficient to eradicate the social evil. A multi- dimensional or holistic approach is needed to tackle the problem. First, suitable alternatives of employment should be generated by the Government so that the poverty stricken people are not compelled to opt for a life of servitude. Secondly, the administration should be more vigilant and feel their social commitment for freeing and rehabilitating the bonded laborers. Thirdly, there is the need of involvement of social action groups operating at grass root level in the task of identification and release of bonded laborers. This should be backed by strong political will. Constant check and supervision over the activities of officers charged with the task of rehabilitation of bonded laborers is another important step in this regard. Fourthly, education is an important vehicle of social change. Compulsory education should be provided to the laborers or workers. It would make them aware of their rights and benefits- that they are entitled to various benefits under the social welfare laws. Fifthly, judicial activism through public interest litigation could be used as a useful medium to liberate the downtrodden and provide a new ethos in the judicial system. Lastly, legal aid clinics run by young lawyers and senior law students should be started for the deprived sections of people in society.
The destination is yet to be reached. It is far away and the nation has a long way to go before it reaches the ultimate goal of social justice- a new just social order where all the competing interests of society will converge and meet to produce a greater good- the good or happiness of the entire state. The achievements till now are only the early steps towards redemption of the social justice tryst with destiny: this is not the end- it is not even the beginning of the end; but it is perhaps the end of the beginning .
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