The harrowing incident of rescuing fifteen bonded labourers recently in Guna, Madhya Pradesh has brought the pervasive issue of bonded labour in India into light once again. The labourers were subjected to inhuman treatment and torture, clearly reflecting the violation of basic human rights and underlining the need for immediate action against bonded labour in the country.
Bonded Labour: An Overview
Bonded labour essentially refers to a system where employers provide high-interest loans to their workers, who are then required to work at low wages to repay the debt. This practice was historically related to rural economies, with peasants from economically disadvantaged communities often finding themselves obligated to work for landlords. Despite its roots in rural economies, bonded labour is now prevalent both in rural and urban areas, across unorganized industries such as brick kilns, agricultural work, coal mining, domestic services, circuses and even sexual slavery.
The Indian Supreme Court has defined bonded labour as the payment of wages that fall below the prevailing market rates and legal minimum wages.
International Obligations
As per the Sustainable Development Goals, India is obliged to eliminate all forms of modern slavery, including forced labour, human trafficking and child labour, by 2030. India is also a signatory of the ILO Abolition of Forced Labour Convention, 1957 (No. 105). In the Global Slavery Index 2018, India ranks 53rd out of 167 countries, indicating the scope for significant improvement.
Constitutional Provisions and Related Legislations
The Indian Constitution prohibits any form of forced labour under Article 23. Article 21 guarantees the right to life and personal liberty, while Article 24 bars the employment of children under the age of fourteen years in any factory or other hazardous employment. Furthermore, Article 39 obligates the State to ensure the health and strength of workers, both men and women. It also mandates protection of children against exploitation and against moral and material abandonment.
The Bonded Labour System (Abolition) Act 1976, which extends to the entire country, is a critical tool in the fight against this illegal practice. As per this Act, vigilance committees are formed at district level to assist District Magistrates in ensuring that the provisions of the Act are implemented effectively.
Reasons behind Persistence of Bonded Labour
Despite constitutional safeguards and legal provisions, bonded labour continues to persist due to several reasons. Lack of awareness about their rights among workers and employers, low conviction rates and widespread social bias play significant roles in its prevalence. Factors like the migratory nature of bonded labour and weaker implementation of laws further facilitate the sustenance of this inhumane practice. There is also a lack of appropriate punishment for forced labour as per Section 374 of IPC.
Measure to End Bonded Labour
It is crucial to address this issue by undertaking national campaigns for public awareness on identifying and reporting bonded labour cases. Services like the National Child Hotline, supported by the Ministry of Women & Child Development, and helplines for trafficking victims like Operation Red Alert need wider publicity. Moreover, efficient rehabilitation schemes are essential to prevent rescued victims from being entrapped in bonded labour again. Formulating productive and income generating schemes in advance can help mitigate the risk of victims relapsing into the system of bonded labour after release.