http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 1 of 11  

PETITIONER: P. SIVASWAMY

       Vs.

RESPONDENT: STATE OF ANDHRA PRADESH

DATE OF JUDGMENT10/08/1988

BENCH: MISRA RANGNATH BENCH: MISRA RANGNATH VENKATACHALLIAH, M.N. (J)

CITATION:  1988 AIR 1863            1988 SCR  Supl. (2) 346  1988 SCC  (4) 466        JT 1988 (3)   441  1988 SCALE  (2)484

ACT:     Bonded  Labour System (Abolition) Act,  l976-Section  4- Abolition of Bonded Labour-Every Bonded Labour stands  freed from  commencement of Act-Identification of Bonded  Labour-A difficult  task--States must discharge its  obligation  cast under  the Act-Situation is very unsatisfactory-No  employer should  take  advantage  of the economic  disability  Of  l2 brother citizen. %     Public  Interest  Litigation-A  letter  written  by  the Secretary  of a social organization alleging  prevalence  of bonded labour in stone quarries in Andhra Pradesh treated as writ  petition-Difficult  for Court  to  entertain  separate complaints alleging prevalence of bonded labour.

HEADNOTE:     Section  4 of the Bonded Labour System (Abolition)  Act, 1976  abolishes the bonded labour system and states that  on commencement  of the Act every bonded labourer  shall  stand freed  and  discharged  from any obligation  to  render  any bonded labour.     The  Secretary  of a social organization in  Tamil  Nadu wrote  a letter to the Court alleging prevalence  of  bonded labour  in  stone quarries in several  districts  of  Andhra Pradesh.  This  letter was registered as  a  writ  petition. Three  other  similar applications were  also  received  and registered  as  writ petitions.During the  pendency  of  the petitions, the court passed certain interlocutory orders. In the first order the Court directed the District  Magistrate, Hyderabad  and  a representative of  a  social  organisation (AWARE)  to  visit the site and make a report to  the  court within  two  weeks. In the next order the  court  asked  the respondent  State  of Andhra Pradesh to  file  an  affidavit showing  how many bonded labourers had been  identified  and released   since   1.1.1983  and  whether  they   had   been rehabilitated  and if so, in what manner and if there  is  a follow up action. If not rehabilitated then what steps  were being taken by the State to do so. It was also directed that Vigilance  Committees  be  set up and  a  member  of  social organizations  may  also  be included as a  member  in  each committee. After the District Judge submitted his report the

http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 2 of 11  

Court  asked the State Government to take further steps  and see that several  relevant labour  laws applicable to labour                                                    PG NO 346                                                    PG NO 347 working  in stone quarries are fully implemented. The  Court also  directed  that a Joint Secretary of  the  Ministry  of Labour, Government of India should visit the relevant  stone quarries to hold an enquiry for the purpose of  ascertaining whether  there was existence of bonded  labour  and  whether the  several relevant mines laws and labour laws were  being observed.  After  the  receipt of the report  of  the  Joint Secretary, the Court directed the State of Andhra Pradesh to carry  out the suggestions and recommendations made  in  the said report and to file an affidavit setting out what  steps and measures have been taken by the State Government on  the recommendations made by the Joint Secretary. The Court  also issued  notice  to the Central Government to take  steps  to ensure  that  the  provisions  of  the  Mines  Act  and  the connected  laws  are observed in the stone  quarries.  As  a result of the action taken   by the Court about 2200  bonded labourers  were freed. The State of Andhra Pradesh  arranged for their transport to their homes situated in the States of Orissa,  Karnataka and Tamil Nadu. The State Governments  of these  three States were directed to take further steps  for the  rehabilitation  of the bonded labourers  and  submit  a report to the Court. Pursuant to this direction the State of Orissa  submitted a  report showing how these  persons  were rehabilitated by providing assistance to them. The State  of Tamil  Nadu also filed a report after  repeated   directions and   stated   the  measures  being  taken   by   them   for rehabilitation  of  these labourers. However,  in  spite  of repeated directions the State of Karnataka did not cooperate in  filing an affidavit showing how they have  rehabilitated the freed bonded labourers.     The  Court  while disposing of the  writ  petitions  and giving  some more time to the State of Karnataka to  do  the needful.     HELD/OBSERVED:Detailed  provisions  have been  made  for extinguishment   of   liability  to   repay   bonded   debt, implementing   authorities  have  been  set  up,   vigilance committees  have been provided, resort to bonded labour  has been made an offence and steps for rehabilitation have  also been  indicated. Laws, however beneficial they may  be,  are difficult  to  be implemented unless  the  requisite  social consciousness  has  grown. The system of Bonded  Labour  has prevailed in this Country for centuries. The gap in economic conditions has been the main cause for this. [358F-G]     The  society envisaged under the  constitutional  set-up can  no  more  take bonded labour as a  part  of  it.  Every citizen must be prepared to accept every other citizen as  a person equal to him for enjoying the social benefits and the guarantees   provided  under  the  Constitution.  It   must,                                                    PG NO 348 herefore,  become  a  conscious obligation  of  every  must, therefore,  become a conscious obligation of every  employer not  to  take  advantage of the  economic  disability  of  a brother  citizen  and force him into the  system  of  Bonded Labour.  It must equally be the obligation of every  citizen to  cooperate  in  bringing  about  abolition  or  what   is condemned  by  the  laws as Bonded  Labour;  otherwise,  the beneficial  legislation  would remain on paper with  mere  a statutory   declaration  of  abolishing  bonded  labour   as provided  in section 4 and yet continue to prevail  unabated in the community. [359D-F]     Bandhua  Mukti  Morcha v. Union of lndia, [1984]  3  SCC

http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 3 of 11  

161, referred to.     Twelve  years  have passed since the law came  into  the Statute  Book  and surprisingly it came 26 years  after  the Constitution  came  into  force.  In  38  years  under   the Constitution, we have not been able to generate  appropriate attitudes  and dispositions to live amicably in the  polity. Instead  of  appropriate  consciousness  manifesting  itself contra-indica-tions have widely appeared. Even those on whom the  Statute  casts the responsibility of  implementing  the provisions of the Act do not appear to be in a situation  to respond. It is difficult for the Court to entertain repeated complaints  of  this  type and devote attention  by  way  of monitoring  the  administration of the Act, as has  been  in this  case.  We are surprised that about  three  years  were necessary  to  persuade the State of Andhra  Pradesh  (Where bonded labour was identified and from where repatriation was necessary)  and  the states of Karnataka, Orissa  and  Tamil Nadu  where  rehabilitation was to be  provided  to  perform their statutory obligations. [360A-C]

JUDGMENT:     ORlGINAL JURISDICTION: Writ Petition (Crl.) No. 1574  of 1982     (Under Article 32 of the constitution of India)     T. V. S. N. Chari for the Petitioner.     G. Narasimhulu, N. Santosh Hegde, Advocate General P. R. Ramasesh, A.V. Rangam and S.K. Mehta for the Respondent.     The Judgment of the Court was delivered by     RANGANATH   MISRA,   J.   A  letter   written   by   the Secretary/Spokesman    of   the   Great   War    Ex-Services Organisation  at  Tirukkoyilur in South  Arcot  District  of Tamil  Nadu  alleging prevalence of bonded labour  in  stone                                                    PG NO 349 quarries  in several districts of Andhra Pradesh  and  other areas was registered as Writ Petition No. 1574 of 1982.  The other three applications are similar matters. We propose  to confine   reference   to   the  first   case   as,   through interlocutory orders, whatever relief was necessary had been given in these matters.     On 25th of January, 1983, this Court made the  following order:     "Writ  petition is adjourned for three weeks.  Meanwhile District  Magistrate,  Hyderabad, and  a  representative  of AWARE  will jointly and together visit the site referred  to in the writ petition of the petitioner and make a report  to this  Court in regard to the various averments made  in  the writ  petition.  The report shall be made  by  the  District Magistrate,  Hyderabad and the representative of  the  AWARE within two weeks from today . . . . .".     On 19th August, l983, this Court again directed :     "The  writ petition is adjourned to 28.9.83.  Meanwhile, the  respondent  State  of  Andhra  Pradesh  will  file   an affidavit  setting out in detail facts and  figures  showing how many bonded labourers have been identified and  released in  the different districts or the State since   1.1.83  and whether  they  have been rehabilitated and if  so,  in  what manner  and whether there is any follow up action. If  there are  any  freed  bonded  labourers who  have  not  yet  been rehabilitated,  the respondent State of Andhra Pradesh  will set  out in its affidavit whether any step have  been  taken for  keeping  track  of them after their  release  and  what measures  it proposes to adopt in the immediate  future  for their   rehabilitation.  We  are  informed  that   Vigilance

http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 4 of 11  

Committees have been constituted in some of the districts of the  State.  We  would,  therefore,  direct  that  Vigilance Committees  shall be set up at a very early date in all  the districts  and  sub-divisions  of the  State  and  in  these Vigilance Commmittees, social activists shall be included as members  on the basis of their record of  social  commitment because  it is now recognised on all hands that it  is  only through  the  active involvement of voluntary  agencies  and social  action groups that the problem of identification  of bonded  labour can he solved. We would also direct  that  in every Vigilance Committee, constituted or to be constituted, a  representative of  AWARE if available, shall be  included                                                    PG NO 350 as  a  member  in order to  ensure  vigorous  and  effective implementation  of  the  programme  of  identification   and rehabilitation of bonded labour.     We  would also like the district Judge Krishna  District to  visit  the  stone quarries at  Kailaspuram  and  inquire whether  there  are still any workmen working in  the  stone quarries against their will and whether the advances made to the  workmen are written off as promised by the  contractors and  whether  they are paying to the  workmen  higher  wages ranging from Rs.56 to Rs.75 per unit without any  deductions     Soon  after  the  report  of  the  District  Judge   was received, this Court made another order on 20th of  October, 1983, where it was stated interalia :     "The  second direction relates to the observance of  the various  labour  laws in stone quarries  in  Kailaspuram  in Krishna  District.  The State Government  has  made  various suggestions in the affidavit of Shri K. Parthsarathy for the purpose  of ensuring observance of the labour laws  for  the benefit of the workers engaged in the stone quarries and has also  put  forward a few other suggestions with  a  view  to improve  the living conditions of the workmen. We  hope  and trust  that  the State Government will.  without  any  undue delay, proceed to carry out these suggestions and shall  not wait  for any directions to be given by this Court  in  that behalf.  It  appears from the report of the  District  Judge that  it is extremely doubtful whether the Labour  Iaws  are being  enforced  properly. It is,  therefore,  necessary  to direct  an inquiry for the purpose of  ascertaining  whether the labour laws are being properly observed. There can be no doubt that the stone quarry being a mine within the  meaning of  Mines Act, 1952, the provisions of Mines Act. 1952,  the Mines  Rules, 1955, Mines Vocational Training  Rules,  Mines Crush Rules and Minimum Wages Act are applicable to  workmen employed/engaged  in stone quarries. So also the  provisions of  the  Contract Labour Regulations and Abolition  Act  are applicable.  In case the work of the stone quarrying or  any part  thereof is entrusted by the mine owners of  the  stone                                                    PG NO 351 quarries  or the lessee of stone quarries to  contractor  or labour/workmen   are   recruited  through  the   agency   of contractors,   there  are  various  magnificent   provisions enacted  in  these labour laws for the  benefit  of  persons engaged/employed in stone quarries and it is essential  that the  benefits of these provisions must be made available  to the  workmen. We would, therefore, direct  Shri  Lakshmidhar Mishra,  Joint Secretary, Ministry of Labour, Government  of India, to visit the stone quarry at Kailaspuram and to  hold an inquiry for the purpose of ascertaining whether there  is existence of bonded Labour and whether the Mines Act,  1952, Mines  Rules, 1955, Mines Vocational Training  Rules,  Mines Crush  Rules  and  the  Contract  Labour  (Regulations   and Abolition)  Act, and the Minimum Wages Act, 1948, are  being

http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 5 of 11  

observed................".     Pursuant  to these orders the District Judge of  Krishna District.  AWARE and Mr. Lakshmidhar Mishra submitted  three separate  reports, copies whereof had been furnished to  the respondents.  It  is appropriate to indicate at  this  stage that  the necessity to appoint Mr. Lakshmidhar Mishra to  go into  the aspects indicated in the order refer-red to  above arose  out  of the report of the District judge  as  he  had indicated  that  several beneficial legislations  meant  for protecting  the  interests  of the workmen  were  not  being enforced.     On 10th of January,1984, after the report by Mr.  Mishra was furnished to the Court, the following order was made:     "Pursuant  to the order made by us on 20th  of  October, I983,  Sri Lakshmidhar Mishra, joint Secretary, Ministry  of Labour,  Government of India, visited the stone quarries  at kailaspuram   and  held  an  inquiry  for  the  purpose   of ascertaining whether there is existence of bonded labour and whether  the  Mines  Act, 1952,  Mines  Rules,  1955   Mines Vocational   Training  Rules,  Mines  Creche  Rules,   1955, Contract  Labour  (Regulation  &  Abolition)  Act,  and  the Minimum  Wages  Act  are  being  observed  or  not.  He  has submitted  a report to the Court and copies of  this  report have  been  supplied to the learned advocates  appearing  an behalf  of  the  parties. Mr. Ram  Reddy,  learned  Advocate appearing  on  behalf  of the State of  Andhra  Pradesh  has requested  for time  in order to consider this report and he                                                    PG NO 352 has  assured us that the suggestions and recommendations  of Shri  Lakshmidhar Mishra in this report will be carried  out by the State of Andhra Pradesh to the extent feasible and in case  of any difficulty, the matter will be brought  to  the notice  of the Court so that appropriate directions  can  be given.  We adjourn the writ petitions to 21.2.1484 in  order to  enable  the  State of Andhra Pradesh to  carry  out  the suggestions  and recommendations made in the report of  Shri Lakshmidhar Mishra and to file appropriate affidavit setting out  what  steps and measures have been taken by  the  State Government and if any of the suggestions and recommendations have  not  been  carried out what are  the  difficulties  in regard   to  the  carrying  out  of  such  suggestions   and recommendations  and  also as to how  the  State  Government propose to resolve them. We hope and trust that the State of Andhra   Pradesh   will  carry  out  the   suggestions   and recommendations contained in the report of Shri  Lakshmidhar Mishra within the time allowed to  them.     We also issue notice to the Central Government which  is responsible  for  the enforcement of the  Mines  Act,  1952, Mines Rules, 1955, Mines Vocational Training Rules and Mines Creche Rules since it has already been held by this Court in a  judgment delivered on 16.12.1983 in the case  of  Bandhua Mukti Morcha v.Union of India & Qrs., [l984] 3 SCC 161  that stone  quarries  are mines within the meaning of  the  Mines Act,  1952 and the provisions of the Mines Act, 1452,  Mines Rules,  l95t, Mines Vocational Rules and Mines Creche  Rules are  applicable  to the stone quarries.  The  Registry  will forward to the Ministry of Mines as also to the Ministry  of Labour,  Government of India, along with the notice,  copies of  the  writ  petitions  and of the  report  made  by  Shri Lakshmidhar  Mishra.  The  control Government  will  in  the meanwhile  take steps to ensure that the provisions  of  the Mines  Act, 1952 and the connected laws are observed in  the stone  quarries  of  Kailasgiri and make a  report  in  that behalf of this Court before the next date of hearing . . . .     As  a result of the action taken by the Court  in  these

http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 6 of 11  

writ  petitions,  about  700  bonded  labourers  were  freed earlier  and  thereafter about 1,500 more  bonded  labourers were  freed. The State of Andhra Pradesh also  arranged  for                                                    PG NO 353 their  transport  from Kailasgiri to  their  homes  situated outside  the  State of Andhra Pradesh. We would  direct  the State of Andhra Pradesh to furnish to the Court at the  next hearing of the writ petitions a list of bonded labourers who were thus freed and sent back to their homes so that we  can give appropriate directions for their rehabilitation."     Pursuant  to  these  directions,  the  State  of  Andhra Pradesh filed an affidavit and supplied particulars of  1417 persons freed from bonded labour and took the stand that  in regard to the remaining particulars were not available.  The Union of India in the Ministry of Labour and  Rehabilitation also  filed  its  affidavit through Shri  J.K.  Jain,  Under Secretary in the Ministry. On 7th of March, 1984, this Court made the following Order:     "The  Union  of lndia has filed a counter  affidavit  in this  case  a  copy  of which  has  been  supplied  to  Mrs. Hingorani, Advocate for the petitioner. Copies have not  yet been  supplied  to  the Advocate for  the  State  of  Andhra Pradesh  and the same may be done immediately. The State  of Andhra Pradesh has filed an affidavit setting out a list  of 1417 bonded labourers who have been released and repatriated to  their  respective State namely.  Orissa.  Karnataka  and Tamilnadu.........  We  would  direct the  State  of  Andhra Pradesh  to  prepare three separate lists  of  the  released bonded labourers repatriated to the State of Tamilnadu,  the State of Karnataka and the State of Orissa and supply copies of these lists to Mrs. Hingorani on behalf of the petitioner and  also  a  copy of the concerned list  to  the  Advocates appearing  on behalf of the States Tamilnadu and  Karnataka. So  far  as the State of Orissa is concerned a copy  of  the concerned list shall be  forwarded to the Chief Secretary of the State of Orissa and also served on the standing  counsel for  the State of Orissa. Notice on the writ petition  shall be  served  on the State of Karnataka and  Orissa  and  also additionally on the standing counsel of these two States. We would direct the State of Tamilnadu, Karnataka and Orissa to take immediate step for the purpose of rehabilitating  these released bonded labourers who have been repatriated to their respective  States as is shown in the list supplied to  them to inform the court at the next hearing of the writ petition as  to  what  steps  they  have  taken  and  are  taking  to rehabilitate them.                                                  PG NO 354     It  is the obligation of the State Government under  the Bonded  Labour  Act, l976 to rehabilitate the  freed  bonded labourers. We would also suggest to the States of Tamilnadu, Karnataka  and  Orissa that in  constituting  the  vigilance committees  which are also to be associated in the  work  of rehabilitation  of the freed bonded labourers,  they  should involve  the  representatives of social  action  groups  and voluntary  agencies  operating in these areas  and  whatever rehabilitation  is provided to the freed  bonded  labourers, must be provided in the presence of a representative of such social  action groups or voluntary agencies so as to  ensure that  rehabilitation provisions actually reach the hands  of such labourers. These three State Governments will submit  a report  to  this  Court on or before  13th  of  April,  1984     On  6th October, 1987, when the matter was again  listed this Court made the following Order:     "On  7th March, 1984, this Court directed the States  of Tamil Nadu, Karnataka and Orissa to take immediate steps for

http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 7 of 11  

rehabilitating  the 1417 bonded labourers released from  the site in Ranga Reddy- district. Directions were also given to these three States to submit Reports of action taken. We are surprised  that though three and a half years have  elapsed, there has been no compliance on behalf of any of the States. We are prepared to give one more opportunity to these  three States but on terms of costs.     A copy of the Report furnished by the State of Orissa to the  Registry of this Court dated 4.11.86 is supplied to  us in  Court  by  the counseI for the State  of  Orissa.  which indicates  that 86 freed bonded labourers  repatriated  from Andhra  Pradesh  came to that State. 80 of  them  have  been rehabilitated. Of the remaining six two left their place  of residence  after  getting rehabilitation assistance  and  in regard  to the remaining four, it is stated that  they  have left  for  unknown destination and efforts are on  to  trace them.     In  the absence of any Report from the States  of  Tamil Nadu  and  Karnataka it is not known as to how many  of  the released  bonded  labourers went to those  States  and  what happened to them. Counsel for the petitioner makes grievance                                                    PG NO 355 that  a complete list of 1417 released bonded labourers  has not been supplied to her in spite of the Court’s  direction. Counsel  appearing  for  the State  of  Andhra  Pradesh  who supplied the particulars to the Court is directed to furnish such a list to the counsel for the petitioner as also to the learned  Standing  Counsel  for each  of  the  three  States Karnataka, Orissa and Tamil Nadu. Each of the States is  now directed within three weeks from today to furnish a complete affidavit indicating how many of the bonded labourers out of these   1417   came  to  the  State  and   the   manner   of rehabilitation  provided.  Unless  a  compliance  report  is furnished  as  directed above, each of the States  shall  be treated to be in contempt of this Court . . . . . . . .     Each  of  the three States is directed to pay  into  the Registry  of this Court a sum of Rs. 5,000 by way  of  costs for  condonation  of the lapses and extention of  a  further opportunity as indicated above within four weeks."     By way of complying with the aforesaid Order, the  State of  Orissa filed  an affidavit dated 27th October, 1987.  It stated that as per the particulars provided by the State  of Andhra   Pradesh   only  86  bonded  labourers   have   been repatriated  to  the  State  of  Orissa.  According  to  the affidavit  of  the  Under Secretary  to  the  Government  of Orissa,  Community  Development  and  Rural   Reconstruction Department,  one  of  the  six  alternatives  available  for rehabilitation  had  to be opted for by the  persons  to  be rehabilitated  and  80  out  of  these  86  were  adequately rehabilitated  by being provided with bullock with  cart  of goatery/sheepery  and  cow or small  tailaring  Shop,  small grocery shop other small shop or possible combination of the above options with a cash financial assistance of Rs. 4,000. Out of the six left out, two had gone away from their  place after  partly  getting  rehabilitation  assistance  and  the remaining four could not be traced.     The  State of Tamil Nadu furnished the particular by  an affidavit through its Deputy Secretary in the Social Welfare Department. The particulars furnished by the State of Andhra Pradesh indicated that a total of 1255 bonded labourers  had been repatriated from Andhra Pradesh to Tamil Nadu being 556 from  Krishna  district, 625 from Ranga Reddy  and  74  from Nalgonda. Paragraph 6 of this affidavit states:     "..........1  beg to enclose a true copy of  the  letter                                                    PG NO 356

http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 8 of 11  

as  Annexure VI. I beg to submit that  subsequent  reminders have   also  been  sent  to  District  Collectors.  So   far particulars  have  been received from some of  the  District Collectors and details from other Collectors are awaited." and  extension  of  three months’ time was  asked  for.  The affidavit  was sworn on the 28th of October, 1987.  Later  a further   affidavit  was  filed  by  the  Commissioner   and Secretary to the Government in Social Welfare Department  of the  State of Tamil Nadu disclosing arrival of 138 of  these families  in Salem. Paragraph 4 gave taluk-wise  details  of the families. In this affidavit, it is stated:     "It is submitted that the Government of Tamil Nadu  have since  issued orders for the grant of cash  assistance  from Cheif Minister’s Public Relief Fund at the rate of Rs. 1,000 per  family  for the 138 families. It is  also  proposed  to rehabilitate the bonded labourers as follows:     (i) Supply of quarrying implements like hammer and  Crow bar  etc.  at the rate of one set for each  family  free  of cost.     (ii)  It is proposed to form an  Industrial  cooperative Society. The District Rural Development Agency, Salem is  to purchase two stone crushing machines at Rs. 1.75 lakhs  each of   which  50%  will  be  subsidy  from  Integrated   Rural Development Programme and the remaining 50% as loan from the Government. Share capital and interest free working  capital loans are to be sanctioned by Government.     (iii)  Construction  of  thatched  sheds  for  the   138 families at Rs. 1,000."     Further  affidavits  have come from the State  of  Tamil Nadu   through  its  different  officers  but   a   complete disclosure  has  not yet been made in regard to  the  bonded labourers who have been repatriated from Andhra Pradesh.     There  was,  however, no compliance from  the  State  of Karnataka  by the time the matter came up before this  Court on  3rd  November:  1987. On that day, the  Court  made  the following order:                                                    PG NO 357     "Learned  Advocate  General appearing for the  State  of Karnataka requires eight weeks’ further time to comply  with the  previous directions. We find that an other States  have complied  with the directions. Advocate General  assures  as that  within this time counter-affidavit will   be  produced before  the  Court. We expect the counsel to deal  with  the up-to-date  situation. Counsel for the State of  Tamil  Nadu states  that if given time they will file a  better  further affidavit . . . . . ."     In  the  affidavit  of  the  Deputy  Secretary  to   the Government in the Social Welfare Department sworn on 31st of December, l987, on behalf of the State of Tamil Nadu it  has been further submitted that :     "apart  from  1255 bonded labourers, the  Government  of Tamil Nadu have rehabilitated 825 bonded labourers who  were identified  and released from the States of  Andhra  Pradesh and Karnataka and settled in Tamil Nadu. In all, 2080 bonded labourers  of  the States of Andhra Pradesh  and  Karnataka, including 1255 bonded labourers of Andhra Pradesh covered in these  writ petitions have been given relief  measures.  The details are furnished in Annexure II."     Annexure II shows that 1384 freed bonded labour families have  been  given  a  total  financial  assistance  of   Rs. 10,21,460  and  on the average it works out  to  Rs.738  per family  which  is certainly inadequate  for  rehabilitation. Unless there is effective rehabilitation the purpose of this Act  would  not be fulfilled. Up-rooted from  one  place  of bonded  labour  conditions  the persons  arc  likely  to  be

http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 9 of 11  

subjected  to  the same mischief at another place.  The  net result would be that the steps taken by this Court would  be rendered ineffective and there would be mounting frustration because  the persons who were up-rooted from a  place  where they were working under bonded labour situations.     On  11th of May, 1988, when the matter was  adjoured  to 18th, of July, 1988, the Court made the following order:     "The matter be called on l8.7.88. In the meantime  State of Karnataka will take further steps to identify the persons and  trace their whereabout. If they are traced  out,  steps for their rehabilitation should be taken........".                                                    PG NO 358     We  are sorry to indicate that there has been really  no effective cooperation by the State of Karnataka in spite  of several  accommodations granted by the Court and  assurances by its counsel.     We  have  referred to the several orders  made  by  this Court  from  time to time during these five years  that  the proceedings  have  been  before this Court with  a  view  to impressing on all the concerned as to how difficult it is to work  out  the  Act  and to give effect  to  the  scheme  of rehabilitation contemplated by the Statute.     Article   23  in  the  Chapter  of  Fundamental   Rights provides:     "Traffic  in  human beings and begar and  other  similar forms of forced labour are prohibited and any  contravention of  this  provisions  shall  be  an  offence  punishable  in accordance with law."     Article  42 of the Constitution makes it the  obligation of  the State to make provision for securing just and  human conditions of work. There are several other Articles in Part IV of the Constitution which indicate that it is the State’s obligation  to  create  social  atmosphere  befitting  human dignity  for citizens to live in. The Bonded  labour  System (Abolition) Act of 1976 defines "bonded labour’’ and section 4 thereof makes a statutory declaration that-     "On  the  commencement of this Act,  the  bonded  labour system  shall  stand  abolished and  every  bonded  labourer shall, on such commencement, stand freed and discharged from any obligation to render any bonded labour."     Detailed provisions have been made for extinguishment of liability  to  repay bonded debt,  implementing  authorities have  been set up, vigilance committees have been  provided, resort to bonded  labour has been made an offence and  steps for  rehabilitation have also been indicated. Laws,  however beneficial  they  may be, are difficult  to  be  implemented unless  the  requisite social consciousness has  grown.  The system  of Bonded Labour has prevailed in this  country  for centuries.  The gap in economic conditions has been the main cause for this. This Court in Bandhua Mukti Morcha v.  Union of India, (supra) said:     "The  system  of  bonded labour has  been  prevalent  in various parts of the country since long prior to the attain-                                                   PG NO 359 ment  of  political freedom and it constitutes an  ugly  and shameful feature of our national life. This system based  on exploitation  by  a few socially and  economically  powerful persons trading on the misery and suffering of large numbers of  men and holding them in bondage is a relic of  a  feudal hierarchical  society  which  hypocitically  proclaims   the divinity of man but treats large masses of people  belonging to  the  lower rungs of the social  ladder  or  economically impoverished  segments of society as dirt and chattel.  This system under which person can be bonded to provide labour to another  for  years  and  years until  an  alleged  debt  is

http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 10 of 11  

supposed to be wiped out-which never seems to happen  during the life-time of the bonded labourer is totally incompatible with the new egalitarian socio-economic order which we  have promised  to  build and it is not only an affront  to  basic human  dignity  but  also constitutes  gross  and  revolting violation of constitutional values."     The  society envisaged under the  constitutional  set-up can  no  more  take bonded labour as a  part  of  it.  Every citizen must be prepared to accept every other citizen as  a person equal to him for enjoying the social benefits and the guarantees   provided  under  the  Constitution.  It   must, therefore,  become a conscious obligation of every  employer not  to  take  advantage of the  economic  disability  of  a brother  citizen  and  force him into the system  of  Bonded Labour.  It must equally be the obligation of every  citizen to  cooperate:  in  bringing about  abolition  c,r  what  is condemned  by  the  laws as Bonded  Labour;  otherwise,  the beneficial  legislation  would remain on paper with  Mere  a statutory   declaration  of  abolishing  bonded  labour   as provided in section 4  and yet continue to prevail  unabated in the community. Tolstoy said:     ’’The abolition of slavery has gone on for a long  time. Rome abolished slavery. America abolished it and we did, but only the words were abolished, not the thing. "     Identifying  bonded  labour is the read  difficult  task because  very often ever. the workman working  under  Bonded Labour system are not prepared to disclose their unfortunate situation  and  become  a  party  to  its,  continuance   by collaborating with the employer.     The  concern of this Court in a matter of this type  has been  sufficiently indicated in Bandhua Mukti  Morcha,  case (supra). Repetition at greater length thereof is perhaps not                                                   PG NO 360 warranted. Twelve years have passed since the law came  into the Statute Book and surprisingly it came 26 years after the Constitution  came  into  force.  In  38  years  under   the Constitution, we have not been able to generate  appropriate attitudes  and dispositions to live amicably in the  polity. Instead  of  appropriate  consciousness  manifesting  itself contra-indications have widely appeared. Even those on  whom the  Statute  casts the responsibility of  implementing  the provisions of the Act do not appear to be in a situation  to respond. It is difficult for the Court to entertain repeated complaints  of  this  type and devote attention  by  way  of monitoring  the administration of the Act, as has been  done in  this case. We are surprised that about three years  were necessary  to  persuade the State of Andhra  Pradesh  (where bonded labour was identified and from where repatriation was necessary)  and  the States of Karnataka, Orissa  and  Tamil Nadu  where  rehabilitation was to be  provided  to  perform their  statutory obligations. Here again Karnataka  has  not yet  done  its part.  Once notice was issued to  them  there should have been immediate response and the obligations cast under  the Statute should have been readily discharged.  The States should have indicated their regrets to the Court that at  their level they had failed to satisfy the  requirements of  the  law  and  this  Court’s  interference  has   become necessary. This only shows how unsatisfactory the  situation is.  Where  the  man below the poverty  line  is  a  citizen entitled  to all the benefits and protections so  eloquently put  into the Constitution. are 38 years not  sufficient  to generate the appropriate consciousness’?     Before we part with the case we must again indicate that there  has been no satisfactory c˜compliance in  regard  to, rehabilitation  by the State ot’ Karnataka. They  are  given

http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 11 of 11  

two  months’ extended time from today to file  an  affidavit before  this  Court  that there has  been  total  compliance regarding  rehabilitation  in respect of those  persons  who come  to  Karnataka and when that affidavit  is  filed.  the matter should be placed before us for a further direction by way of a Civil Miscellaneous proceeding. That matter  should be  listed before this Court on 36th October, 1988.  We  can only  at this stage administer the warning that  the  matter shall  be  very strictly viewed in the  event  of  continued failure.     We  must  record  our appreciation  for  the  assistance rendered by Mr. Lakshmidhar Mishra as also the management of AWARE. Report given by AWARE is indicative of how  objective and at the same time informative can the social activists be when entrusted with this type of work. Gandhiji once said:                                                   PG NO 361     "The  earth has enough for every man’s need but not  for every man’s greed. "     The  employer  who  employs  the  bonded  labour  should remember this statement of the Father of the Nation.     We  make  no  directions for costs  at  this  stage.  No separate   orders  are  necessary  in  the  connected   writ petitions. H.S.K.