INTRODUCTION The system of debt bondage in India is an out come of cer tain categor i e s of indebtedness which have been

n prevailing for a long time involving certain economically, exploited, helpless and weaker sections of society. This system originated from the uneven social structure characterised by feudal and semi - feudal conditions . Bonded Labourers constitute perhaps the weakest section of the rural poor. The genesis of rural poverty in India dates back to the later half of the 18 Th Century w h e n t h e e r s t w h i l e c o l o n i a l r u l e r s i n t r o d u c e d t h e Z a m i n d a r y S y s t e m . Subsequently the anti-farmers policies of t h e c o l o n i a l G o v e r n m e n t h a d a l s o contributed towards the indebtedness of a large number of small and medium farmers and eventually pushing them into the category of landless labourers The probl em of bonded l abour wa s c los e ly l inked to the broade r soc ioeconomic problems of surplus labour, u n e m p l o y m e n t / u n d e r - e m p l o y m e n t , inequi t abl e di s t r ibut ion of l and and assets, low wages, distress migration, social customs etc. with the phenomenon of small and marginal farmers and rural a r t i s a n s s t e a d i l y b e c omi n g l a n d l e s s labourers generate environment, which can perpetuate the system of bonded labour. Bonded Labour System (Abolition) Rules, 1976
THE BONDED LABOUR SYSTEM (ABOLITION) ACT, 1976 has been enacted to provide for the abolition of bonded labour system with a view to preventing the economic and physical exploitation of the weaker sections of the people. On the commencement of this Act, every obligation of a bonded labourer to repay any bonded debt, or such part of any bonded debt as remains unsatisfied immediately before such commencement, shall be deemed to have been extinguished

Objective: The object of the Act is to provide for the abolition of bonded labour system with a view to preventing the economic and physical exploitation of the weaker sections of the people and for matters connected therewith or incidental thereto. System of Bonded Labour and its forms: It is outcome of customary obligations, forced labour, beggar or indebtedness under which a debtor agrees to render service. In different parts of the country, it was known by the different names such as Adiyamar,

baramasia, basahya, bethu, bhagela, cherumar, garru-galu hari, harwai, holya, jana jeetha, kamiya, khundit-mundit, kuthia, lakhari, munjhi, mat, munish system, nit-majdoor, paleru, paduyal, pannayilal, sagri, sanji, sanjawat, sewak, sewakia, seri, vetti. Who is bonded Labour: According to the definition given in section 2(g) of the Act, bonded labour means service arising out of loan/debt/advance. It represents the relationship between a creditor and a debtor wherein the debtor undertakes to mortgage his services or the services of any of his family members to the creditor for a specified or unspecified period with or without wages accompanied by denial of choice of alternative avenues of employment, or to deny him freedom of movements, then the person would normally be covered under the definition of a bonded labour. Whom to approach in case of bondage: The aggrieved person or any person on his behalf can approach to the District Magistrate who is chairman of the Vigilance Committee constitute under the Act and has been entrusted with certain duties and responsibilities for implementing the provisions of the Act. Matter can also be brought to the notice of the Sub Divisional Magistrate of the area or any other person who is a member of the Vigilance Committee of District or Sub-division. Relief available to the victim: The bonded labour is to immediately released from the bondage. His liability to repay bonded debt is deemed to have been extinguished. Freed bonded labour shall not be evicted from his homesteads or other residential premises which he was occupying as part of consideration for the bonded labour. A rehabilitation grant of Rs. 1

20,000/- to each of the bonded labour is to be granted and assistance for his rehabilitation provided. Penalties: The offence under the Act is cognizable and bailable Any person who is contravenes provisions of the act is punishable with imprisonment for a term which may extend to three years and also with a fine which may extend to two thousand rupees.

1 W.e.f. 1.5.2000 (Rs. 4000/- from 1978, Rs. 6250/- w.e.f. 1.2.86 & Rs. 10,000/- w.e.f. 1.4.95)

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BACK GROUND 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. 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. 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- this is how the subject figures as an item in the old 20 Point Programme for national reconstruction, which goes to show the primacy and centrality attached to this subject at the national level. INSTITUTIONAL ARRANGEMENT 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. 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. 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. SURVEY AND REHABILITATION The issue of bonded labour has been discussed in the Supreme Court/High Court in the form of several public interest litigations. As per directions of the Supreme Court in WP No.3922/85, a survey for identification of bonded labourers was conducted during October-December 1996. 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.

CENTRAL ACTION GROUP OF NATIONAL HUMAN RIGHTS COMMISSION 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 and the matter is being pursued with the State Governments.