“The existence of bonded labour is not a slur on the administration rather it is the failure to take note of and to make an effort to put an end to the bonded labour system.”
- Justice Bhagwati in Bandhua Mukti
Morcha case
Bonded labour usually is a type of labour where one person is required to labour for another as a demand in return for the loan granted to him. It is also known as debt bondage. Usually the original loan turns out to be lesser than the value of their work. Female labours usually become victims of sexual abuse, while if the labour is believed to not be fulfilled, the duty or work is passed down from the parents to the child. According to studies, around 20 people are found to be victims of bonded labour across the globe. This kind of labour arises in areas or situations of poverty where the poverty-stricken person due to some urgent need of money borrows loan and then agrees to be the labour because they cannot repay the loan. Such labourers are usually unable to defend their fundamental human rights. The main reason why there is a situation of bonded labour is because the victim is unable to speak up or afraid to speak up.
In order to abolish this type of labour, there has been a legislature that has been passed, the Bonded Labour System (Abolition) Act, 1976. The purpose of this act is to abolish and remove all the debt which the reason for bonded labour is to arise. This act frees every person who is caught in the act of bonded labour. Any kind of action that engages a person in bonded labour is punishable and is criminalised by this act. Salient features of this act are:
? The bonded labour is abolished through this act
? The bonded labourers are identified and rehabilitated
? Certain schemes which can be formed at district level are identified
? Anyone who forces or binds the another in such a type of labour can be imprisoned up to 3 years, etc.
The eradication of bonded of labour and bonded child labour depends on the government and its commitment towards enforcing the Bonded Labour System (Abolition) Act, 1976. Along with governmental organisations it is essential that non-governmental organisations also extend a hand in eradicating bonded labour. Government must make use of available
resources to so while the Non-governmental organisations must act like watchdog on all the programmes implemented by the government. Standing alone in this case is not efficient and anything less than commitment at its full is nothing but failure.