Handbook on Bonded Labour

Bonded labour or debt bondage is a system where individuals are made to pledge their labour to repay a debt, with often undefined terms and durations. It has been described by the United Nations as a modern form of slavery. In India, bonded labour is deeply embedded in socio-economic structures, particularly in agriculture, mining and manufacturing. It involves illegal contracts, indefinite terms and severe exploitation. There are many legal frameworks to address this problem, like the Bonded Labour System (Abolition) Act, 1976, but their enforcement remains a significant challenge.

This handbook also looks at related problems like child labour. India has strict laws in place to ensure children are not exploited but under the system of bonded labour, children often become victim to their family’s debt bonds. This kind of child labour is considered the worst kind of child labour according to the International Labour Organization’s Worst Forms of Child Labour Convention, 1999.

The Payment of Wages Act, 1936; Minimum Wages Act, 1948; and Equal Remuneration Act, 1976, are some other Acts that the handbook looks at. These also ensure protection of individuals against exploitation by their employers and safeguards them from bonded labour.

In a speech at a NHRC national workshop, Justice Murugesan outlined the commission's role in monitoring the Bonded Labour System (Abolition) Act, 1976, following a Supreme Court directive in 1997. The handbook carries notes from that speech which include a mention of NHRC workshops to educate and sensitise authorities to the Act's provisions as well as the prevalence of bonded labour. The speech also emphasizes the importance of uniformity in the release certificates for labourers and proper implementation of the rehabilitation scheme.

According to the Supreme Court directives, the state governments, vigilance committees and the district magistrates are to take the assistance of non-political social action groups and voluntary agencies to help implement the provisions combating bonded labour. Moreover, when it is shown that a labourer is made to provide forced labour the court would presume that they are required to do so under economic constraints. Such a labourer will then be considered a bonded labourer and therefore entitled to all benefits applicable under law.

The Supreme Court guidelines also recommend that officers who are tasked with addressing bonded labour should receive thorough training and sensitisation to understand the situations of affected individuals. Socially dedicated officers who are motivated by idealism, unaffected by external pressures, and willing to face challenges should be put to this task and also commended with public recognition for their dedication and effectiveness in combating bonded labour.

The procedural guidelines for the identification and rescue of bonded labour demand that district magistrates or sub-divisional magistrates must record individual labourers' statements in the absence of the employers and the employers' statements in the presence of the labourers. They must also verify if the employers are in possession of all relevant licenses and take appropriate action if not.

Authorities are also directed to document the total number of labourers, categorised by gender and age. Ensuring employer compliance with the Minimum Wages Act and collecting relevant wage records are some other duties of government authorities. The guidelines also direct officials to enquire whether employers provide basic amenities such as healthcare, food, water, sanitation and accommodation to the workers.

In a section dedicated to the prosecution of employers, middlemen and contractors, the handbook also highlights that in a case of ‘Compulsory Labour’, “whoever unlawfully compels any person to labour against the will of that person” shall be punishable with a fine, imprisonment for up to one year, or with both.

The handbook recommends that income and employment schemes must be formulated by the government in advance for the rehabilitation of bonded labourers, as otherwise they will again be forced to rely on bonded labour systems after their release. Such schemes should be planned with consultation from the concerned labourers and non-governmental organisations involved in their emancipation and rehabilitation.

Focus and Factoids by Sneha Haldar.