Bonded Labour in india

Prof. Hanumant Yadav

Dr. Hanumant Yadav 1

 Bonded Labour System
Bonded Labourer were poorest among poor in
India.
Majority of Bonded Labour belong to backward
classes ( SC, ST & OBC)
Bonded Labour ( or Debt bondage ) is a form of
slavery in which a person pledges themselves
against a loan.
In debt bondage, the services required to repay
the debt generally remains undefined, and the
services & duration also remains undefined.
Dr. Hanumant Yadav 2
 Debt Bondage
Debt bondage is passed on from generation
to generation
Debt bondage is defined as a situation when
a person provides a loan to another and uses
his or her labor or services to repay the debt;
when the value of the work, as reasonably
assessed, is not applied towards the
liquidation of the debt, the situation becomes
one of debt bondage

Dr. Hanumant Yadav 3

 Bonded Labour
The bonded or forced labour system was known
by different names in different parts of the
country like Begar, Sagri or Hali, Jeetham etc.
It is a relic of colonial and feudal system, which is
deeply rooted in the social customs and
traditions, treating it as a normal practice.
This results in the creation of a hierarchical
pattern of society forming unequal classes in
terms of superiority and inferiority.
Dr. Hanumant Yadav 4
UN Definition of BONDED LABOUR
UN Supplementary Convention on the Abolition
of Slavery (1956) Under this Convention debt
bondage is defined as the status or condition
arising from a pledge by a debtor of his personal
service or those of a person under his control as
security for a debt, if the value of those services
as reasonably assessed is not applied toward the
liquidation of the debt or the length and nature
of those services are not respectively limited and
defined

Dr. Hanumant Yadav 5

ILO DEFINITION OF BONDED LABOUR
I.L.O. Report on Stopping Forced Labour (2001)
The term (Bonded Labour) refers to a worker
who rendered service under condition of
bondage arising from economic consideration,
notably indebtedness through a loan or an
advance. Where debt is the root cause of
bondage, the implication is that the worker (or
dependents or heirs) is tied to a particular
creditor for a specified or unspecified period
until the loan is repaid.

Dr. Hanumant Yadav 6

 Constitution & Bonded Labour
Article 23. Prohibits traffic in human beings and
forced labour
Traffic in human beings and begaar and other similar
forms of forced labour are prohibited and any
contravention of this provision shall be an offence
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 on religion, race, caste
or class or any of them.

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 Bonded Labour
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.

Dr. Hanumant Yadav 8

 Bonded Labour System Abolition Act
1976
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. 25th 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.
Dr. Hanumant Yadav 9
Bonded Labour System Abolition Act
1976
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
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.

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 Bonded Labour System Abolition Act
On commencement of this Act the bonded
labour system shall stand abolished and every
bonded labourer shall stand freed and
discharged free from any obligation to render
bonded labour.
Any custom, agreement or other instrument
by virtue of which a person is required to
render any service as bonded labour shall be
void.

Dr. Hanumant Yadav 11

Bonded Labour System Abolition Act
1976 ( Provisions)
Liability to repay bonded debt shall be
deemed to have been extinguished.
Property of the bonded labourer to be freed
from mortgage etc.
Freed bonded labourers shall not be evicted
from homesteads or other residential
premises which he was occupying as part of
consideration for the bonded labour

Dr. Hanumant Yadav 12

Bonded Labour System Abolition Act
1976
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.
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Bonded Labour System Abolition Act
1976
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.

Dr. Hanumant Yadav 14

Bonded Labour System Abolition Act
1976
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.

Dr. Hanumant Yadav 15

 Bonded Labour System : Central
Action Group
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.

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 Bonded Labour System Abolition Act
1976 (Punishments)
Punishment prescribed in the Act for :
Enforcement of bonded labour
Advancement of bonded debt
Extracting bonded labour under the bonded
labour system
Omission or failure to restore possession of
property to bonded labourers
Abetment to be an offence
Dr. Hanumant Yadav 17
 Rehabilitation of Released Bonded
Labourer (Schemes)
Allotment of house site and agricultural land.
Land development.
Provision of low cost dwelling units.
Animal husbandry, dairy, poultry, piggery etc.
Training for acquiring new skills, developing existing skills.
Wage employment, enforcement of minimum wages etc.
Supply of essential commodities under targeted public
distribution system.
Education for children.
Protection of civil rights.

Dr. Hanumant Yadav 18

 Bonded Labour Liberation Front
(Bandhua Mukti Morcha)
Bandhua Mukti Morcha (BMM) was formed in 1981 to wage
a battle against the pernicious bonded labour system in India.
Against all odds, Bandhua Mukti Morcha has achieved the
release of over 1, 24,000 bonded Indians from the shackles of
slavery.
A large number of them have been rehabilitated from the
Carpet Industry alone, about a thousand children have been
rescued and restored to their parents.
Their rehabilitation has been monitored effectively.
BMM has started a campaign for the provision of non-formal,
full time education for these children, along with the supply
of nutrition to each and also some food security to their poor
families.
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 Migrant labour
Migrant Worker : Workers who migrate from
one place to another place in search of job.
Type of Migration :
1) Permanent Migration 2) Seasonal Migration
Permanent Migration : a) From India to other
countries, b) From one State to another State
Seasonal Migration : a) From Rural Area to Urban
area in search of job
b) Migration from One State to another State
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 Law Relating to Migrant Worker
THE INTER-STATE MIGRANT WORKMEN
(REGULATION OF EMPLOYMENT AND CONDITIONS OF
SERVICE) ACT, 1979.
The purpose of this Act is to regulate the employment
of inter-State migrant workmen and to provide for
their conditions of service and for matters connected
therewith.
The Act is meant to protect workers whose services
are requisitioned outside their native states in India.

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