Bonded Labour System (Abolition) Act, Ppt

8/18/2019 Bonded Labour System (Abolition) Act, Ppt

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BONDED LABOUR SYSTEM

(ABOLITION) ACT, 1976

BANDHU MUKTI MORCHA VS

UNION OF INDIA

(AIR1984 SC 80 )

BY! ANKIT ANAND


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FACTS ! The Petitioner was an ‘an organisation dedicated

to the cause of release of bonded labourers’. It conducted a survey in stone quarries andmines in Faridabad district. It found that several workmen in these mines

were migrant workers from other States in Indiawho were ‘bonded labourers.’ They were living in conditions of ab ect !overty. The mine owners did not !rovide them withshelter" clean drinking water" latrines or medicalfacilities" among other things. The workers were also sub ect to res!iratoryinfections due to the !ollution generated by stonecrushers.


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CONT"" There also e#isted an illegal system ofthekedars or middlemen who e#tracted a large!ercentage of wages from the workmen ascommission.

The Petitioner" on behalf of these workmen"

addressed a letter to the $ourt invoking the urisdiction of %rticle &' of the $onstitution andsought reliefs.%mong other things" reduction in air !ollution"clean and !otable drinking water" conservancyfacilities" medical facilities and com!ensation. % violation of various labour laws and the)onded *abour System +%bolition, %ct - /0 wasalleged.


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CONT""

The Su!reme $ourt treated it as Public Interest

*itigation and a!!ointed a commission forinquiry into the Petitioner’s allegations. The 1es!ondent23overnment challenged the!etition on the ground that it was not!rocedurally in accordance with the 1ules ofthe Su!reme $ourt and the $ode of $ivilProcedure.


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DECISION AND REASONIN#!

4n the issue of !rocedural in5rmities" the $ourt heldthat in the instant case" a letter could be treated as awrit !etition under %rticle &'.

The $ourt held that in matters of !ublic interest" whenthe o!!ressed are unable to a6ord legal aid" !rocedural7e#ibility should be !ermitted.

4n the issue of %ir Pollution at the mines the $ourt heldthat the $entral 3overnment and the State of 8aryanashould take ste!s to ensure that it is reduced. The $ourt took note of the fact that workmen were

sub ected to infections like tuberculosis due to theconstant !resence of dust.

Thus the $ourt suggested one of two measures to beado!ted in this regard2a continuous s!raying of waterover the stone crusher or the installation of a dust


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%rticle '- of the $onstitution of India guarantees the $%&' *%+-./ *% $ " The !ractice of bonded labour violates all of theseconstitutionally2mandated rights.

%rticle '& of the $onstitution 2$ '% % 3 ' 2$- % + /

./-& and other forms of slavery both modern and ancient. Tra>c in human beings and begar and other similar forms offorced labour are !rohibited and any contravention of this !rovisionshall be an o6ence !unishable in accordance with the law.

%rticle ' 2$ '% % 3 ' 52* 5 . + '%*/$ . %. +- $% 3 "mines" and other haCardous occu!ations.

Together" %rticles '& and ' are !laced under the heading R%&'-&-%.3 E 2* % - % ., G one of IndiaHs constitutionally2!roclaimedfundamental rights.


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BONDED LABOUR SYSTEM(ABOLITION) ACT,1976

4b ective The ob ect of the %ct is to !rovide for the

abolition of bonded labour system with a view to!reventing the economic and !hysicale#!loitation of the weaker sections of the!eo!le and for matters connected therewith orincidental thereto.

System of )onded *abour It is outcome of customary obligations" forced

labour" beggar or indebtedness under which adebtor agrees to render service.


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1:*I:F %A%I*%)*: T4 T8: AI$TI?

The bonded labour is to immediately released from thebondage.8is liability to re!ay bonded debt is deemed to havebeen e#tinguished.Freed bonded labour shall not be evicted from hishomesteads or other residential !remises which he wasoccu!ying as !art of consideration for the bondedlabour.% rehabilitation grant of 1s. - 'K"KKKB2 to each of thebonded labour is to be granted and assistance for his

rehabilitation !rovided.


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Bonded Labour System (Abolition) Act, Ppt