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CASE NO.: Writ Petition (civil)  3922 of 1985

PETITIONER: Public Union for Civil Liberties

RESPONDENT: State of Tamilnadu & Others

DATE OF JUDGMENT: 05/05/2004

BENCH: CJI & G.P. MATHUR.

JUDGMENT: J U D G M E N T  

RAJENDRA BABU, CJI. :

The plight of migrant bonded laborers from  Tamilnadu, who were being subjected to  exploitation in Madhya Pradesh, was originally  brought to the notice of this Court through this  petition. Later the scope of this petition was  expanded so as to cover the problems relating to  the bonded laborers in all States and Union  Territories in the country. This Court vide Order  dated 11-5-1997 asked the National Human  Rights Commission (NHRC) to take over the  monitoring of the implementation of the directions  of this Court and that of the provisions of the  Bonded Labour System (Abolition) Act, 1976 (the  Act). It is brought to our notice that the NHRC has  been interacting with the Ministry of Labour and  with Special Rapporteurs, with the State  Governments to evolve suitable measures to solve  the problem of bonded labour. In the meantime  the NHRC constituted a Group of Experts to closely  examine the matter and to prepare a report on  the status, suggest methods of improving the  existing schemes, suggest recommendations to  effectively implement the laws for abolition of  bonded labor system and other connected  matters. An Action-taken-Report filed by the  NHRC was considered by this Court on 19-1-2001.

On 6-6-2001 the Report of Expert Group was  submitted to this Court.  First part of this Report  contains a status report on the work relating to  the abolition of the bonded labour system in the  various States. Then the report detailed the  position of the various existing schemes and made  several recommendations to improve the present  works relating to the abolition of bonded labour  system. They also made considered proposals to  amend the Act so as to make the Act more  effective. The Report correctly pointed out that the  implementation of the Act encompasses three  functions, namely, identification, release and  rehabilitation of bonded labour. They also  suggested involving NGOs in the endeavors to  abolish bonded labour. As per directions of this  Court, State Governments, Union Territories and  learned Amicus Curiae submitted their responses

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to the report of Expert Group. In his response  dated 5-9-2002, learned Amicus Curiae made two  important suggestions. Firstly to organize Model  Workshop in an appropriate district in any State  involving the District Magistrate and other  statutory authorities/committees not only to  sensitize them in respect of their duties under the  Act but also to help them in achieving the  objectives of the statute in full measure and  secondly, to establish a Model Rehabilitation  Centre. In its Report dated 27-3-2003, the NHRC  agrees with the suggestions made by learned  Amicus Curiae.    The Union of India, in response to the report  of the learned Amicus Curiae submitted that the  central issue in solving bonded labour system is  the rehabilitation of released bonded labors. They  also detailed the various schemes and financial  assistance packages that are made available from  the Union coffers. It is also submitted that the  Ministry of Labour in consultation with the NHRC is  preparing a detail manual for identification,  release and rehabilitation of the bonded laborers,  particularly in planning and executing the suitable  rehabilitation package for the released bonded  laborers.  Therefore, they submitted that any  specific rehabilitation package couldn’t be  considered ideal for all the released bonded  laborers who are required to be rehabilitated at  various places. In response to the NHRC Report  dated 27-3-2003, the Union submitted that in any  case rehabilitation center is established, sufficient  land area would have to be provided at a  particular place by the State Government  concerned; which would be tremendous task for  the State government in the present socio- economic conditions. In this context, the Union  made clear their preference to the existing  centrally sponsored scheme, wherein a freed  bonded labour is rehabilitated on land based basis,  non-land basis and skilled/craft based basis  depending upon the choice of bonded labour and  his/her inclination and past experience. It is also  submitted that the Ministry of Labour release  grants to the State governments for rehabilitation  of bonded labour on receipt of complete proposals  from the State Government concerned. Under the  modified Centrally Sponsored Scheme for  rehabilitation of bonded labor effective from May  2000 the rehabilitation assistance to the extent of  Rs. 20,000/- per bonded labour is provided for  his/her rehabilitation. The Central and State  governments on 50:50 bases share the  expenditure. In case of North-Eastern States and  Sikkim 100% rehabilitation grants are provided by  the Central Government. The migrant bonded  laborers, as per guidelines, are to be rehabilitated  at the place of his/her choice. And under this  scheme, the State Governments shall provide Rs.  1000/- as substance allowance to a bonded labour  immediately on his/her identification.  

After going through the detailed Report of  the Expert Group, responses to it by the  Governments and that of the learned Amicus

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Curie, the Report of the NHRC and the various  Affidavits on record, we could easily arrive at the  conclusion that the major issue that is to be  solved is the aspects relating to rehabilitation of  bonded labors. Once the bonded labors are  identified and released, they have to be  rehabilitated forthwith. It is a sad reality that the  rehabilitation and related aspects of bonded labors  are not given adequate consideration till now. If  we are now concentrating our attention to  identification and release of bonded labors, they  will languish in streets, if there are no well chalked  out corresponding plans for rehabilitation. Hence,  in our considered opinion the primary direction  shall be aimed at evolving and implementing  rehabilitation plans.  

In modern days Civil Society is playing a  greater role in nation building exercise. The  commendable roles played by NGOs in very many  situations strengthen the confidence of general  public in NGOs. Always the State may not be in a  position to reach out to the needy. As we have  experienced in the past, Civil Society could  efficiently fill up this gap. Now it is time for more  interaction between Civil Society and State  machinery in implementing social service  schemes. The services of philanthropic  organizations or NGOs could very well be utilized  for rehabilitating released bonded labors. State  could give necessary financial assistance under  proper supervision.  

Considering the vitality of rehabilitation issue in  the endeavors to abolish bonded labors, at this  stage, we are issuing the following directions.  1.      All States and Union Territories must submit  their status report in the form prescribed by  NHRC in every six months.  2.      All the State Governments and Union Territories  shall constitute Vigilance Committees at the  District and Sub-Divisional levels in accordance  with Section 13 of the Act, within a period of six  months from today.  3.      All the State Governments and Union Territories  shall make proper arrangements for  rehabilitating released bonded labors. Such  rehabilitation could be on land-based basis or  non-land basis or skilled/craft based basis  depending upon the choice of bonded labour  and his/her inclination and past experience. If  the States are not in a position to make  arrangements for such rehabilitation, then it  shall identify two philanthropic organizations or  NGOs with proven track record and good  reputation with basic facilities for rehabilitating  released bonded labors within a period of six  months.  4.      The State Governments and Union Territories  shall chalk out a detailed plan for rehabilitating  released bonded labors either by itself or with  the involvement of such organizations or NGOs  within a period of six months.   5.      The Union and State Governments shall submit  a plan within a period of six months for sharing

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the money under the modified Centrally  Sponsored Scheme, in the case where the  States wish to involve such organizations or  NGOs.  6.      The State Governments and Union Territories  shall make arrangements to sensitize the  District Magistrate and other statutory  authorities/committees in respect of their duties  under the Act.   

The Union and State governments are directed  to file Affidavits delineating the above aspects  within a period of six months. All other aspects  pointed out by the NHRC and other directions  suggested to be issued by the learned Amicus  Curie would be considered thereafter.  Before parting with, it is necessary to place on  record that this Court is beholden to the learned  Amicus Curiae Mr. A K Ganguly (Senior Advocate)  for the services rendered by him.