BONDED LABOUR AND HUMAN RIGHTS

                                      BONDED LABOUR AND HUMAN RIGHTS

      Debt bondage has been defined by the united nations as a form of “Modern-day slavery “ and is prohibited by international law. It is specifically dealt with by article 1(a) of the united nations' 1956 supplementary convention on the abolition of slavery. It persists motherless, especially in developing nation which has few mechanisms for credit secretary or bankruptcy and where fewer people hold formal title to land possessions. According to some economists, for example, Hernando de solo this is a major barrier to development they hold no collateral enter pruners do not dare take risks and cannot get credit because they hold no collateral and may burden families for generations to come.

         Where children are forced to work because of debt bondage of the family this is considered not only child labour but the worst form of child labour interns of the worst form of child labour convention 1999 of the International Labour Organization.

       Despite the UN prohibition Anti-slavery International estimate that “between 10 and 20 million people are being subjected to debt bondage today .”

Some International Human Rights Conventions

         The practise of bonded labour violated the following International Human Rights Convention whereas India is a party to all of them and such is legally bound to comply with their terms they are .

Ø    Conventions on the Suppression of Slave trade and slavery 1926,

Ø Supplementary Convention on the Abolition of slavery the slave Trade and Institutions and Practices Similar to Slavery Trade,1956:

Ø    Forced Labour Convention 1930

Ø    International Covenant on civil and political rights (ICCPR)1966

Ø    International Covenant on Economic and Social and Cultural Rights (ECOSOC),1966;

Ø    Convention on the Rights of the child 1989

C) Law and issues related to bonded Labour in India

         Bonded labour is widely prevalent in many regions in India. The main feature of the system is that the debtor pledges his person or a member of his family for a loan and is released on the repayment of the debt. Bonded labour is referred to by different names in different regions.The Elaina primal Committee mention the following :

Ø    Gothi in Orissa

Ø    Machindari in Madya Pradesh

Ø    Sagri in Rajasthan

Ø    Vet beggar and Salbandhi in Maharastra

Ø    Jana Manihi or Ijhari in Jammu and Kashmir :

Ø    Jeetha in Mysore

Ø    Vetti in Tamil Nadu

Ø    Kamiya or Kuthiya in Chattisgarh

             At the beginning of the twentieth century, the system combined the elements of exploitation patronage and protection at least in some regions. But with the increasing trend towards the money economy and changes in the type of use to which agricultural land has been put the element of patronage disappeared and that of exploitations persisted.

Some related Legal Provisions regarding bonded labour, namely

The Constitutions of India,1950                                        

       Preamble the constitutions of India Guarantee all citizens social economic and political justice freedom of thought and expression , equality of status and opportunity and fraternity assuring the dignity of   the individual;

Fundamental  Rights Part –III of the Constitutions

               Articles 14,15 and 16; These articles guarantee equality and equal treatment ;

               Article 19(1)(g): The article guarantees freedom of trade and profession ;

                Article  21 :the Article guarantees right to life and liberty ;

           Article 23 Prohibition of traffic in human beings and forced Labour –Traffic in human beings and gears and other similar forms of forced Labour are prohibited and any contravention of this article shall prevent the State from imposing compulsory service for public purposes and an imposing such service the state shall not make any discrimination on grounds only on religion, race, caste or class or any of them.

           Article 24 :The article prohibits the employment of children whether as bonded labour or otherwise together ,Article 23 and article 24 are place under the heading “Right against Exploitation “,one of India’s constitutionally proclaimed fundamental rights .

Directive principles of state policy –Part-IV of the constitution

          The directive principles direct the state to strive to secure inter alia (a) Just and human condition of work (Article 42);(b) Educational and economic interest of the scheduled caste and scheduled tribe and other weaker section of the society (Article 46).

          Under Article 42 Provision for just and humane conditions of work and maternity relief .

           Under Article 43 Living wage ,etc for workers –the state shall Endeavour to secure by suitable legislation or economic organization or In any other way to all workers ,agricultural ,industrial or otherwise work and living wage ,conditions of work ensuring a decent standard of life and full enjoyment of Leisure and social and cultural opportunities and in particular the state shall Endeavour  to promote cottage industrial or co operative basis in rural areas.

 D)Indian Penal code 1860

E) section 374 Unlawful compulsory Labor –Whoever unlawfully completes’ any person, shall be punishable with imprisonment of neither description for a term which may extend to one year or with fine or with both also pledging the labour of child" means an agreement written or oral, express or implied, whereby the parent or guardian of a child, in return for any payment or benefit received or to be received by him, undertakes to cause or allow the services of the child to be utilized in any employment. Provided that any agreement made without detriment to a child, and not made in consideration of any benefit other than reasonable wages to be paid for the child's services and terminable at not more than a' weeks notice, is not an agreement within the meaning of this definition. 

    It also says that "Whoever, being the parent or guardian of a child, makes an agreement to pledge the labour of that child, shall be punished with fine which may extend up to fifty rupees". Based on those provisions, the system of bonded labour is thus totally incompatible with the aim of an egalitarian socio-economic order under the Constitution of India. The system is also an infringement of the basic human rights and destruction of the dignity of human labour. In order to give effect to the constitutional prohibition of bonded labour as specified under Article 23 of Indian Constitution, Bonded Labour System (Abolition) Act was passed in 1976.

Labour Rights and the Indian Constitution

                            The constitution of India confers innumerable rights for the protection of labour. Indian constitution through various articles protects, supports, and acts as a guideline to various labour laws for their effective implementation and functioning The relevance of the dignity of human labour and the need for protecting and safeguarding the interest of labour as human beings have been enshrined in Chapter- III (Articles 16, 19, 21, 23 & 24) and Chapter IV (Articles 39, 39-A, 41, 42, 43, 43A, 46, 47 & 54) of the Constitution of India keeping in line with Fundamental Rights and Directive Principles of State Policy1 which set an aim to which the activities of the state are to be guided.

                Principles provide: for securing the health and strength of employees, men and women; that the tender age of children is not abused; that citizens are not forced by economic necessity to enter avocations unsuited to their age or strength; just and humane conditions of work and maternity relief are provided; and That the Government shall take steps, by suitable legislation or in any other way, to secure the participation of the employee in the management of undertakings, establishments or other organizations engaged in any industry. Labour is a concurrent subject in the Constitution of India. Indian Const governments are competent to legislate on labour matters and administer the same.

              The bulk of important legislative acts has led enacted by the Parliament. Inlaid Constitution rough various articles provide the labour rights. Though not directly but indirectly the articles protect ten bureaus' rights. Article 14 of the constitution of India provides the concept of Equality before the law. The gap of equality is truly stated by Dr Jam with the wands, "Equality before the law means that among equals the law should be equal and should be equally administered, that like should be trend alike In the case of Randhir Singh V. Union of India 2, e Supreme Court held that though the principle of "equal pay for equal work is not expressly declared by our constitution as a fundamental right, it is the goal of the constitution by Art.14, 16 and 39(e). So this right can be enforced in cases of unequal scales of pay hashed on irrational classification. In Mewa  Ram v. A.LI. Medical Seienee3, the Supreme Cruets belt that the doctrine of 'equal pay for equal work is dot an abstract determine. Equality must be among equals, unequal people cannot claim equality. 

    Indian Constitution through articles 21, 23, 24, 38, 39, 39-A, 41, 42,43, 43-A and 47 gives an idea of the conditions under which labour can be had for a week and also of the responsibility of the Government, both Central and Stage, towards the labour to secure for them social order and living wags, keeping with the economic India political conditions of the Owen and dignity of the nation. Articles 21, 23, and 24 form part of the Fundamental Rights guaranteed under part 1ll of the Constitution Whereas Articles 38, 39, 39-A, 41, 42, 43, 43-A and 47 form part of the Directive Principles of ate policy medal part IV of the constitution. Under these Antilles it is the duty of the State to promote the welfare of the people, by securing and protecting a social order in which justice social, economies and political shall inform all the institutions of the national life, to make effective provision for securing the right to work, education and public assistance in cases of employment, etc, subject to limits of it economy capacity to make prevision for just and humane condition of work and for maternity relief, to endeavor, to secure by suitable legislation or economic organizing to all workers work, living wages conditions of work ensuring a decent standard of life and fall enjoyment of leisure and social and cultural opportunities, to promote cottages industries on in individual or cooperative basis in rural areas, and to raise the level of nutrition and the standard of living and improve public health etc. 2 1982 AIR 8793 1989 AR 1256 Article 23 of the Constitution politic traffic in human being end beeper and ether similar forms of forced labour. 

    "Traffic in human being' means selling and buying me and women like goods and includes immoral traffic in women and children for immoral" or other purposes. Article 24 of the Constitution prohibits the employment of children below 14 years of age in factories and hazardous employment. This provision is certainly in the interest of public health and the safety of life of children Article 39 of the Constitution imposes upon, the State an obligation to ensure that the health and strength of workers, men and women, and the tender age of the children are not abused and that citizens are not formed by economic necessity to enter avocations unsuited to their age or strength. Indian Constitution protects and provides safeguards to due labourers. The articles, though not directly but indirectly, protects the rachis of labour. however, it is indeed needed to be implemented practically and the victims' mast he sought in case of avoidance of the principles.

Child Labour

       There are clear conventional provisions against child labour. India has not ratified the two Llo fundamental conventions on child labour but has ratified several elder conventions specific to industry and mines. Right the Mines Act wd Factories Act have clear provisions against child labour, although with different age levels set. The Child Labor (Prohibition and Regulation) Act, 1986 prohibits child labour (under 1S year) in certain industries and occupations, and permits child labour in other sectors, with safety guards. Constitutional provisions Several causes of the Constitution are relevant: 24. No child below the age of fourteen years shall be employed to work in any factory or mine or engaged in any other hazardous employment. 39. 

    The State shall, in particular, directs its policy towards securing (-) (e) that the health and strength of workers, men and women, need the tender angel of children are not abused and that citizens are not forced by economic necessity to enter avocations unsuited to their age or strength; () that children are given opportunities and facilities to develop in a healthy manner and in co-editions of freedom and dignity and that childhood and youth are protected against exploitation and against moral and material abandonment

Relevant 1O standards There are two fundamental Convention, not raised by India: Minimum Age Convention, 1973 (No 138) 42 Applies to all sectors of economic activity, states must declare national minimum age for admission to employment; all children are covered whether or not they are employed far wakes, states must pursue a national policy to rewire the effective abolition of child labour the minimum ape for emery in work shall sot loss than the completion of compulsory schooling although a lower get than 14 years may be adopted for light work, for countries which are less developed; get level of i8is set for hazardous work. Prohibition and Immediate Elimination of the Worst Forms of Child Labour Convention, 1999 (No 182) Sate to dew up a time-bound program for the elimination of the worst forms of child labour, while the convention itself gives a list, states shall also draw up their own list of the worst forms.

     There are some older relevant conventions, which have been ratified by India: Minimum Age (Industry) Convention, 1919 0e. 5) Nigh Work of Young Persons (Industry) Convention, 1919 Ne. 6) Night Work of Young Persons (loudest) Convention (Revised), 1948 (No. 90) Minimum Age (Undergoes Work) Convention, 1965 (No. 123)-Minimal age specified: 18 years Companies shall develop or participate join and contribute to policies and program which provide for the transition of any child found to be performing child labour to enable her pr him to attend and remain in quality education until no Joggers child; "chalky" and "child labour being defined in the appendices Children send young persons to wander 18 shall not be employed set night or in hazardous conditions, These policies and procedures shall conform to the provisions of the relevant ILO standards. 45 definite (in the appendix to the base code) Child Any person less than 15 years of age unless local minimum age law stipulates a higher age for work or mandatory schooling. in which case the higher age shall apply. IF however, the local minimum age law is set at 14 years of age in avoidance of developing country exceptions under 1LO Convention No. 138, the lower will apply. Young person Any worker over the age of a child as defined above and under the age of 18. 

    Child labour Any work by a child or young pet younger than the agents) specified in the bevel definitions, which does not coolly win use provisions of the relevant ILO standards, and any week that is likely to be hazardous or to interfere with the child's or young person's education, or te be harmful to the child’s or young person's health or physical, mental, spiritual, moral or social development 4.4 National legislation The Mines Act Section 40 prohibits the employment of any individual below the age of 18, in "any mine or part thereof", which would include above or below proud, the latter in line with the Minimum Ape (Underground Work) Convention, 1965. Section 45 prohibits the presence of persons below 18 years of age in a mine. It states "no person below 18 years of age shall be allowed to be present in part of a mine above ground where any operation connected with or incidental to any mining operation is being carried on". 

    This might appear to be the repetition of the prohibition of child labour created by section 40. However, another reading of this section would be that no children should be allowed in the vicinity of a query. Sometimes young people are found near a quarry and condemns are raised about child labour, and the answer is given "but they are not working, they have just come after school",. Section 45 of the Mines Act would seem to rule out this response completely. Factories Act Section 67 of the act prohibits a child who has "not completed his 14th year from working in a factory. 44 Sections G8 to 77 set out the conditions under which adolescents (defined in section 2 of the sat as "a person who has completed his 15th year of age but has not completed his 18^th year") are allowed to work. 

    They must have a certificate of fitness issued by an edifying surgeon and must carry a token to this effect. However, no female adolescent or a male adolescent who has not attained the age of seventeen years shall be allowed to work in any factory except between 6 AM. and 7 PM unless specifically provided otherwise by the State Movement. A register must be maintained of child workers’ employed in the factory. The Child Labour (Prohibition and Regulation) Act, 1986 The Child Labour (Prohibition and Regulation) Act, 1986 (CLPRA) defines a child as a person who has not completed his fourteenth yeoman of age. The act prohibits the engagements of children, as defined, in certain occupations and regulates the conditions of work of children in certain sectors. 

    The act prohibits children from working in seamy occupation or process listed in a Schedule, and these include mines (underground and underwater) and collieries; stone breaking and stone crushing  Central 1. about A Detract allows in a woman employed in an era in connection with the week of an establishment when le s hired me m cementation with such weal by or through a contractor, with era without the An e if the complete employers. This system of employment is not few to India elm through poetaster has strengthened its meets in recent times. However, it is interesting to note that from very clay times the critiques if retract later system wee in plenty. Employers save money by napping burg without having to extend social welfare benefits such m leave wades, Employee State pentane or Providence Fund constrictions, my bombast. however, in all this, the welfare of contracts labour is ginned and they become an exploited and deprived lot.

     The 1970 Ad provides for halation of contract labour wherever possible and practicable and where cannot pulley of the Act is that working conditions of contract labour should be regaled so as wag and essential benefit H paved the prerogative of the Court so decide en the abolition of active labour to the appraise Movement are consultation with the advisory Board, However, there were retains glaring omissions in the Act One of them dealing who the fate of the entwine erect worms after the cataracts labour is abolished Thee, lance lord, to the catena of confects between the management and the labour. 

    On the abolition of the entrant lagers, the labour some to be in a won position than before as they can neither be employed by the contract near is here any obligation east en the principal employer to mopes them in his establishment. Even the surtax Delft the decision of absorption on the industrial dictator when also could take a decision only if an industrial dispute in this regard was raised by the regulars employees Initially, the judiciary seemed reluctant to interfere in giving appropriate relief to retract labour through their abortion whenever they approached our though a writ petition For instances in BJHEL Workers Association, Handwork v [6) the court observed that to abolish and absorbs lobs legislative activity with which de court was not entrusted under the constitutions In Catering dunes of southern railway w. U01, the seat held that wait of mandamus directing central government to abolish ten contract labium system cannot be issued because section 10 had vested the power in the Price governed. In the circumstances, the appropriate order to make abounding to Court was to direct the Central government to take suitable action under see. 10 of the Act within sis menthe from the date of order, lit was also observed that wilted waiting for the decision of the Central government, the Settle Railways was fife its own motion to abolish the system and regularize the services of the Employees. However, in Sankaran Mukherjee v. Union of India the Supreme Court which had earlier refused to interfere in cases to abolish and absorb contract lagoon directed the abolition and subsequent absorption of employees passing on the fact that the CLRA Ast,1970 should be construed libellee so s to effectuate its objects. Similarly, in R.K.Panda v, SAll, the court held that normally it would not exercise its jurisdiction under Article 32 or 136 10 adjudicates over matinee of sums beat in tie case it director t the contract labour as were continuing in respondent’s employment for the last 10 years in spite fence of contractors should be absorbed as regular employees. Also, in the National Federation of Railway routers, Vendors & Pears v. UOl, the court pave directives tan regularized employees based on a report  Central Assistant Labor Commission.

     The next major ease was the Gujarat Electricity Band v. Hind Mazdoor Sabha where it was held that only the appropriate movement can abolish the contract later in accordance with section 10 and no counter industrial adjudicator has jurisdiction. On the matter of absorption, the Supreme Cot observed that on the abolition of the contract labour, the labour seems to be in a worse position than before as they can neither be emploýed by the contractor nor is there any obligation cast on the principal employer to page them in his establishment by the CLRA Act, 1970. They tried to the legislative intent in this regard and concluded that no provision for mutematie absorption must be out of the fear that such provision would amount to forcing the contract Iobour of the principle employer. The court concluded that in this regard the industrial adjudicator could be of help.