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PETITIONER:

BANDHUA MUKTI MORCHA

Vs.

RESPONDENT:

UNION OF INDIA AND ORS.

DATE OF JUDGMENT13/08/1991

BENCH:

MISRA, RANGNATH (CJ)

BENCH:

MISRA, RANGNATH (CJ)

PUNCHHI, M.M.

AGRAWAL, S.C. (J)

CITATION:

1992 AIR 38 1991 SCR (3) 524

1991 SCC (4) 177 JT 1991 (3) 408

1991 SCALE (2)306

ACT:

Bonded Labour system--Creation, operation and effect of.

Constitution of India, 1950-- Articles 23(1), 39(c), 41,

42--Bonded labour in quarries of Haryana--Government's fail-

ure to implement the judgment in (1984) 3 SCC 161--Measures

to take indicated.

Constitution of India, 1950---Article 32--Letter ad-

dressed to Supreme Court complaining bonded labour--Treated

writ petition.

HEADNOTE:

A letter addressed to this Court complaining about

prevalence of bonded labour system in the quarries of Fari-

dabad District in Haryana_ State was treated as a writ

petition under Article 32 of the Constitution.

Two Advocates were appointed as Commissioners to inquire

into the working conditions of the stone quarry workers.

Later, this Court, finding the necessity of an in-depth

investigation into social and legal aspects of the problem,

also appointed two Commissioners--Dr. 'S.B. Patvardhan and

Mr. Krishan Mahajan to study the working conditions provail-

ing in the various quarries within the Faridabad district

with particular reference to violation of provisions of the

Bonded Labour System (Abolition) Act of 1976 and Inter-State

Migrant Workmen (Regulation of Employment & Conditions of

Service) Act.

The Commissioner furnished their report on 28th of June,

1982.

The 3-Judge Bench heard the matter and In its Judgment

(reported in (1984) 3 SCC 161), dealt with various aspects

of the problem and taking into account the information

collected by Advocate Commissioners and the report made by

Dr. Patvardhan.

The Court did not treat the writ petition as disposed of

by its judgment and the application survived for further

monitoring.

This Court also appoInted Shri Laxmi Dhar Misra, JoInt

Secretary

525

in the Ministry of Labour, Government of India as a Commis-

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sioner to carry out the assignments stated in the judgment.

Mr. Laxmidhar Misra, in due course, submitted his report

in two parts one dealing with the identification of the

bonded labour and the second covering the inquiry into the

implementation of the 21 directives.

The petitioner-Morcha, filed a petition for contempt

alleging that the directions were not being implemented.

Mr. Mahabir Jain of the Faculty of National Labour

Institute was appointed to inquire into the measures and

report on the degrees to which the 21 directives issued by

the Court had been implemented and to present to the Court a

clear picture of the issues involved for enabling it to make

its own assessment and come to a conclusion as to whether

the directions had been or were being implemented and also

as to whether action for contempt was appropriate or in the

matter of monitoring the social problem, some other course

was necessary to he adopted, and in February, 1989, the

report was submitted to the Court.

As the 3-Judge Bench had gone into the philosophy in-

volved in the matter in the Judgment, what remains for

consideration at this stage was more or less a clear review

of the enforcement of the directives and assessment of the

outcome for achieving the statutory purpose and the consti-

tutional goal and for the fulfilment of the hopes and expec-

tations. of this Court in that regard.

The matter was heard for some time on the basis of these

reports of Mr. Jain and this Court reserved Judgment on 10th

of July, 1990. When the totter was about to he disposed a

communication was received by the Court dated 24.L1991 from

the Director General of Labour Welfare in the Ministry of

Labour that the total number of unrehabilitated bonded

laboures was 523 upto 30.11.1990, whereas the number to he

3993 according to the petitioner and on 21st February, 1991,

this court directed a Committee to check up the particulars

and to furnish a report, which was furnished on July 1,

1991, from which it was understood that the total number of

identified bonded labour is around 2000 and not 3993.

The report indicated that the wages, the facility of

schooling and medical treatment, availability of water,

provisions and scope for recreation are aspects which still

require attention. No attention has been

526

bestowed by the inspecting authority. of the labour law

enforcers to secure improved conditions of working.

Allowing the petition this Court,

HELD: 1.-For a loan taken at an exorbitant rate of

interest the debtor virtually sells himself to the creditor

and gets bonded usually for a period of life and renders

service for the purpose of satisfying the debt. The creditor

anxious to exploit the situation ensures that the debt is

never satisfied and often on the traditional basis of pious

obligation the liability is inherited by the children of the

original debtor. The system thus provides a built-in mecha-

nism for continuation of the under-privileged section of the

society by the privileged few living therein. [537H-538B]

2. The bonded labourers are paid nominal wages and often

their family members are not permitted to take remunerative

jobs elsewhere without permission of the master. Normally,

such permission is not granted and the impoverished condi-

tion is allowed to continue to the advantage of the credi-

tor, [538B-C]

3. Quarries ace located in a particular area away from

habitation. On account of*necessity for workmen in the area

people from different parts of the country are made to live

therein along with their families under very insanitary and

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inconvenient conditions. Health care of workmen and members

of their families-and education of the children as also the

adults in such exclusive locality should be of the employer.

To require a school to he built in such an area where there

may not be adequate number of children for the purpose of

schooling at the expense of the State exchequer may not he

appropriate. That apart these institutions should he a part

of the trade. In the manner the employer has to make provi-

sion for water and medical care, it should also have the

responsibility of providing schooling for the children of

the workmen. Today emphasis is also being given on adult

education. If appropriate facility is provided the workmen

beyond their. working hours can also have scope for learning

the three Rs and this could he through a process of adult

education with State support under the relevant scheme.

[544G-545B]

4. The State of Haryana must come, forward to play its

role in a better way. These are quarries located near about

the industrial belt of Haryana and not far away from Delhi.

Dust emanating from the, working area in Haryana is bound to

affect adversely ,the Delhi atmosp-

527

here. If adequate importance is given to the angle of pollu-

tion the industry itself has to he regula`ed or may have to

be stopped. [545B-C]

5. The State of Haryana has not taken Court's interven-

tion in the proper spirit and has failed to exercise appro-

priate control though some eight years back this Court had

in clear terms laid down the guidelines and had called upon

the public authority to take charge of the situation and

provide adequate safeguards. [545D-E]

6. The workmen engaged on fur time basis, who are not

prepared to return to, their States, are to he provided with

a permanent base for residence at or near the work site.

'This would necessitate, reasonable housing, supply of

water, a reasonable provision store at Land, schooling

facility, of a hospital, recreational facilities and atten-

tion tO the law and order problem. Perhaps near the area a

police statiOn or an outpost could be located. If the work-

ers were insufficient in number, a doctor could be taken as

a visitor to the area at frequent intervals and instead of

a regular school one single teacher could he provided to

look after the health of the people. [545G-546B]

7. Court's judgment to regulate such matters has inher-

ent limitation. These are not schemes which could be conven-

iently monitored by a Court--far less can the apex court

keep track of the matter. its Registry has congestion. To

get attention for a matter of this type from the Court is.

bound to take some time. Human problems in their normal way

do not wait for a time-schedule for attention. in such

circumstances, it should be the obligation of the State

which on account of running stone quarries within its area

must in various ways be getting benefits to look after

these. aspects. As a welfare State it is now the obligation

of the State of Haryana to cater to these requirements of

the area. [546B-D]

8.. In these circumstances the State of Haryana was

called upon to attend to the needs of the workmen in a well

considered and systematic way.Since those workmen who will

be working there have to be protected from the vagaries of

employment and the anxiety of the employer to draw work

without adequate payments, the authorities of the State of

Haryana must take care to protect the workmen from the hands

of the: employer by ensuring compliance with the laws if

there he any vacuum in the laws, the State of Haryana should

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rise to play the role of a welfare State and. play it Well.

In fact there could be a special cess raised against the

quarry activities to*be specifically utilised by way of

return to the industry and there could he a Special fund.out

of which all the amenities could be provided. What is want-

ing is'not power but the mind and alertness regarding one's

duty. [546E-G]

528

9. The State of Haryana shall now ensure that the people

who have been identified numbering about. 2000 are continued

in work with the improved conditions of service and facili-

ties and such of them who want to go back to their native

areas be treated as released from bondage and appropriate

action must be taken in accordance with Government of In-

dia's scheme forthwith. [547D-E]

Gupta v. Union of India, [1982] 2 SCR 365, referred to.

JUDGMENT:

ORIGINAL JURISDICTION: Writ Petition (Civil) No. 2135 of

1982.

(Under Article 32 of the Constitution of India):

S.K. Bhattacharya for the Petitioner.

Mahabir Singh, K.B. Rohtagi, S.K. Dhingra, L.K. Gupta,

S.K. Verma, B.D. Sharma, Mrs. S. Dikshit and Ms. A. Subha-

shini (N.P.) for the Respondents.

The following Order of the Court was delivered

A letter addressed to this Court complaining about

prevalence of bonded labour system in Cutton, Anangpur and

Lakkarpur areas of Faridabad District in Haryana State

wherein the stone quarries workers are living in most inhu-

man conditions, was treated as a writ petition under Article

32 of the Constitution. This Court appointed two Advocates

as Commissioners to inquire into the working conditions of

the stone quarry workers with particular reference to the

cases mentioned in the writ petition. This Court finding the

necessity of an in-depth investigation into social and legal

aspects of the problem also appointed Dr.S.B. Patvardhan and

Mr. Krishan Mahajan to study the working conditions prevail-

ing in the, various quarries within the Faridabad district

with particular reference to violation of provisions of the

Bonded Labour System (Abolition) Act of 1976 and Inter-State

Migrant workmen (Regulation of Employment & Conditions of

Service) Act. The Commissioners furnished their report to

the Court on 28th of June,1982.

Several questions were raised before the Court apart

from merit of the dispute; the important ones being (i)

whether an application under Art. 32 of the Constitution was

maintainable, particularly when to allegation: of infringe-

ment of petitioner's fundamental right was

529

made; (ii) whether a letter addressed to the Court could be

treated as a writ petition and be proceeded with in the

absence of support by affidavit or verification;. and

(iii).whether the Court had power to appoint Commissioners

or an investigative body to inquire into allegations made in

the petition and by affidavits and require reports to be

made to the. Court for facilitating exercise of its juris-

diction under Art. 32 of the Constitution.

The concept of public interest litigation had not then

adequately 'developed and its contours sufficiently deline-

ated; the practice of accepting letters as a foundation for

a writ petition had not also been clearly established; in

writ petitions the practice of appointing Commissioners or

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investigating agencies had not been precedented; the tradi-

tional concept of defence of locus standi has not been wiped

away notwithstanding the decision in S.P. Gupta v. Union of

India, [1982] 2 SCR 365.

A 3-Judge Bench heard the matter at considerable length

and each of them delivered a separate judgment. Though the

main judgment was delivered by Bhagwati, J. (as he then was)

and Justice A.N. Sen concurred with it by a separate judg-

ment and Pathak, J. (as he then was) while concurring with

Bhagwati, J. on some issues gave his own views. The judgment

of the Court was pronounced on 16th of December, 1983 [1964

3 SCC 161].

This Court dealt with various aspects of the problem;

referred to available literature on material aspects; took

into account the information collected by Advocate-Commis-

sioners and the report made by Dr. Patvardhan. The Court

also took note of the position that the Presidential Ordi-

nance of 1975 for abolition of bonded labour and the subse-

quent Parliamentary legislation in 1975 were seeking to

implement the mandate of Art. 23 of the Constitution but

while statutory provision had been made, taking into account

the fact that the pernicious practice of bonded labour had

prevailed in this country for centuries; the then current

social atmosphere had been tolerating this practice without

any serious objection; the concentration of wealth in the

hands of a few and the majority being poor it became conven-

ient for he owners of property and wealth to exploit the

poor and in India asocial_ change opposed to traditional

methods was difficult to implement, the Court did not treat-

the writ petition as disposed. of by its judgment and the

application survived for further monitoring.

In paragraph 39 of the judgment of Bhagwati, J. with

whom on that aspect the other two learned Judges agreed, it

was said:

530

"We accordingly allow this writ petition and

issue the above directions to the Central

Government and the State of Haryana and the

various authorities mentioned in the preceding

paragraphs of this judgment so that' these

poor unfortunate workmen who lead a miserable

existence in small novels, exposed to the

vagaries of weather, drinking foul water,

breathing heavily dust-laden polluted air and

breaking and blasting stone all their life,

may one day be able to realise that freedom is

not only the monopoly of a few out belongs to

them all and that they are also equally enti-

tled along with others to participate in the

fruits of free, freedom and development. These

directions may be summarised as follows:--

.lm20

(1) The Government of Haryana will,

without any delay and at any rate within

six weeks from today, constitute Vigi-

lance Committee in each sub-division of a

district in compliance with the require-

ments' of SeCtion 13 of the Bonded Labour

System (Abolition) Act, 1976 keeping in

view the guidelines given by us in this

judgment.

(2) The Government of Haryana will in-

struct the district magistrates to take

up the work of identification of bonded

labour as one of their top priority tasks

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and to map out areas of concentration of

bonded labour which are mostly to be

found in stone quarries and brick kilns

and assign task forces for identification

and release of bonded-labour and periodi-

cally hold labour camps in these areas

with a view to educating the labourers

inter alia with the assistance of the

National Labour Institute.

(3) The State Government as also the

Vigilance Committees and the district

magistrates will take the assistance of

non-political social action groups and

voluntary agencies. for the purpose of

ensuring implementation of the provisions

of the Bonded Labour System (Abolition)

Act, 1976.

(4) The Government of Haryana will draw

up within a period of three months from

today a scheme or programe for rehabili-

tation of the freed bonded

531

labourers in the light of the guidelines

set out by the Secretary to the Govern-

ment of India, Ministry of Labour in his

letter dated September 2, 1982 and imple-

ment such scheme or programme to the

extent found necessary.

(5) The Central Government and the Gov-

ernment of Haryana will take all neces-

sary_ steps for the purpose of ensuring

that minimum wages are paid to the work-

men employed in the stone quarries and

stone crushers in accordance with the

principles laid down in this judgment and

this direction shall be carried out

within the shortest possible time so that

within six weeks from today, the workmen

start actually receiving in their hands a

wage not less than the minimum

wage.

(6) If payment of wages is made on truck

basis, the Central Government will direct

the appropriate officer of the Central

Enforcement Machinery or any other appro-

priate authority or officer to determine

the measurement of each truck as to how

many cubic ft. of stone it can contain

and print or inscribe such measurement on

the truck so that appropriate and ade-

quate wage is received by the workmen for

the work done by. them and they are not

cheated out of their legitimate wage.

(7) The Central Government will direct

the Inspecting Officers of the Central

Enforcement Machinery or any other

appropriate Inspecting Officers to carry

out surprise checks at least once in a

week for the purpose of ensuring-that the

trucks are not loaded beyond their true

measurement capacity and if it is found

that the trucks are loaded in excess of

the true measurement capacity, the In-

specting Officers carry-ing out such

checks will immediately bring this fact

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to the notice of the appropriate authori-

ties and necesSary action shall be initi-

ated against the defaulting mine owners

and/or thekedars or jamadars.

(8) The Central Government and the Gov-

ernment of -Haryana will ensure that

payment of wages is made

532

directly to the workmen by the mine

lessees and stone crusher owners or at

any rate in the presence of a representa-

tive of the mine lessees or stone crusher

owners and the Inspecting Officers of the

Central Government as also of the Govern-

ment of Haryana shall carry out periodic

checks in order to ensure that the pay-

ment of the stipulated wage is made to

the workmen.

(9) The Central Board of Workers Educa-

tion will organise periodic camps near

the sites of- stone quarries and 'stone

crushers in Faridabad District for the

purpose of educating the workmen in the

rights and benefits Conferred upon them

by social welfare and labour laws and the

progress made shall be reported to this

Court by the Central Board of Workers'

Education at least once in three months.

(10) The Central Government and the

Government of Haryana will immediately

take steps for the purpose of ensuring

that the stone crusher owners do not

continue to foul the air and they. adopt

either of two devices, namely, keeping a

drum of water above the stone crushing

machine with arrangement for continuous

spraying of water upon it or installation

of dust sucking machine and a compliance

report in regard to this direction shall

be made to this Court on or before Febru-

ary 28, 1984.

(11) The Central Government and the

Government of Haryana will immediately

ensure that the mine lessees and stone

crusher owners start supplying pure

drinking water to the workmen on a scale

of at least 2 litres for every workman by

keeping suitable vessels in a shaded

place at conveniently accessible points

'and such vessels shall be kept in clean

and hygienic condition and shall be

emptied, cleaned and refilled every day

and the appropriate. authorities of the

Central Government and the Government

of Haryana will supervise strictly the

enforcement of this direction and initi-

ate necessary action if there is any

default.

533

(12) The Central Government and the

Government of Haryana will ensure that

minimum wage is paid to the women and/or

children who look after the vessels in

which pure drinking water is kept for the

workmen.

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(13) The Central Government and

the Government of Haryana will immediate-

ly direct the mine lessees and stone

crusher owners to start obtaining drink-

ing water from any unpolluted source or

sources of supply and to 'transport it by

tankers to the work site with sufficient

frequency so as to be able to keep the

vessels filled up for supply of clean

drinking water to the workmen and the

Chief Administrator, Faridabad Complex

will set up the points from where the

mine lessees. and stone crusher owners

can, if necessary, obtain supply of

potable water for being carried by

tankers.

(14) The Central Government and the State

GoVernment will ensure that conservancy

facilities in ,the shape of latrines and

urinals in accordance with the provisions

contained in Section 20 of the Mines Act,

1950 and Rules 33 to 36 of the Mines

Rules, 1955 are provided at the latest by

February 15, 1984.

(15) The Central Government and the State

Government will take steps to immediately

ensure that appropriate and adequate

medical and first aid facilities as

required by section 21 of the Mines Act,

1952 and Rules 40 to 45-A of the Mines

Rub s, 1955 are provided to the workmen

not later than January 31, 1984. -

(16) The Central Government and the

Government of Haryana will ensure that

every workman who is required to carry

out blasting with explosives is not only

trained under the Mines Vocational Train-

ing Rules, 1966 but also holds first aid

qualification and carries a first aid

outfit while on duty as required by

Rule45 of the Mines Rules, 1955.

(17) The Central Government and the State

Government will immediately take steps-to

ensure that

534

proper and adequate medical treatment is

provided by the mine lessees and

owners-.of stone crushers to the workmen

employed by them as also to the members

of their families free of cost and such

medical assistance shall be made avail-

able to them without any cost of trans-

portation or otherwise and the doctor's

fees as also the cost of medicines pre-

scribed by the doctors including hospi-

talisation charges, if any, shall also be

reimbursed to them.

(18) The Central Government and the State

Government will ensure that the provi-

sions of the Maternity Benefit Act, 1961,

the Maternity Benefit (Mines and Circus)

Rules, 1963 and the Mines Creche Rules,

1966 where applicable in any particular

stone quarry or stone crusher are given

effect to by 'the mine lessees and stone

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crusher owners.

(19). As soon as any workman employed in

a stone quarry or stone crusher receives

injury or contracts disease in the course

of his employment, the concerned mine

lessee or stone crusher owner shall

immediately report this fact to the Chief

Inspector or Inspecting Officers of the

Central Government and/or the State

Government and such Inspecting Officers

shall immediately provide legal assist-

ance to the workmen with a view to ena-

bling him to file a claim for compensa-

tion before the appropriate court or

authority and they shall also ensure that

such claim is pursued vigorously and the

amount of compensation awarded to the

workman is secured to him.

(20) The Inspecting Officers of the

Central Government as also of the State

Government will visit each stone quarry

or stone crusher at least once in a

fortnight and ascertain whether there is

any workman who is injured or who is suf-

fering from any disease or illness, and

if so, they will immediately take the

necessary steps for the purpose of pro-

viding medical and legal assistance.

(21) If the Central Government and the

Government of Haryana fail to ensure

performance of any of the

535

obligations set out in clauses 11, 13, 14

and 15 by the mine lessees and stone

crusher owners within the period speci-

fied in those respective clauses, such

obligation or obligations to the extent

to which they are not performed shall be

carried out by the Central Government and

the Government of Haryana.

The Court went on to further say:

"We also appoint Shri Laxmi Dhar Misra, Joint

Secretary in the Ministry of Labour, Govern-

ment of India as a Commissioner for the pur-

pose of carrying out the following assign

ment:--

.lm20

(a) He will visit the stone quar-

ries and stone crushers in Faridabad

District and ascertain by enquiring from

the labourers in each stone quarry or

stone crusher in the manner set out by us

whether any of them are being forced to

provide labour and are bonded labourers

and he will prepare in respect of each

stone quarry or stone crusher a state-

ment showing the names and particulars of

those who, according to the enquiry made

by him, are bonded labourers and he will

also ascertain from them whether they

want to continue to work in the stone

quarry or stone crusher or they want to

go away and if he finds that they want to

go away, he will furnish particulars in

regard to them to the District Magis-

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trate, Faridabad and the District Magis-

trate will, on receipt of the particulars

from Shri Laxmi Dhar Misra, make neces-

sary arrangements for releasing them and

provide for their transportation back to

their homes and for this purpose the

State Government will make the requisite

funds available to the District Magis-

trate.

(b) He will also enquire from the mine

lessees and owners of stone crushers as

also from the thekedars and jamadars

whether there are any advances made by

them to the labourers working in the

stone quarries or stone crushers and if

so, whether there is any documentary

evidence in support of the same and he.

will also ascertain what, according to

the mine lessees and owners of stone

crushers or-the jamadar or the

536

kedar, are the amounts of loans still

remaining out. standing against such

labourers.

(c) He will also ascertain by carrying

out sample check whether 'the workmen

employed in any particular stone quarry

or stone crusher are actually in receipt

of wage not less than the minimum wage

and whether the directions given in this

order in regard to computation and pay-

ment of minimum wage arc being implement-

ed by the authorities.

(d) He will conduct an enquiry in each of

the stone quarries and stone crushers in

Faridabad District for the purpose of

ascertaining whether there are any con-

tract labourers or inter-State migrant

workmen in any of these stone quarries or

stone crushers and if he finds as a

result of his enquiry that the Contract

Labour Act, and/or the Inter-State Mi-

grant Workmen Act is applicable, he will

make a report to that effect to the

Court.

(e) He will ascertain whether the direc-

tions given by us in this judgment re-

garding effective arrangement for supply

of pure drinking water have been carried

out by the mine lessees and stone crusher

owners and pure drinking water has been

made available to the workmen in accord-

ance with those directions.

(f) He will also ascertain whether the

mine lessees and owners of stone crushers

in each of the stone quarries and

stone/crushers visited by him have

complied with the directions given by us

in this judgment regarding provision of

conservancy facilities.

(g) He will also ascertain whether the

directions given by us in this judgment

in regard to provision of first aid

facilities and proper and adequate medi-

cal treatment including hospitalisation

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to the workmen and the members of their

families are being carried out by, the

mine lessees and stone crusher owners and

the necessary first aid facilities and

proper and adequate medical services

including hospitalisation are provided to

the workmen and the members of their

families.

537

(h) He will also enquire whether the

various other directions given by us in

this judgment have been and are being

carried out by the mine lessees and stone

crusher owners."

This Court indicated its expectation in

paragraph 40 of the judgment thus:

"We have no doubt that if these direc-

tions given by us are honestly and sin-

cerely carried out, it will be possible

to improve the life conditions of these

workmen and ensure social justice to them

so that they may be able to breathe the

fresh air of social and economic

freedom."

The proceedings thereafter continued with a view to

fulfilling the fond hope and expectation of the Court.

Mr. Laxmidhar Misra, In due course, submitted his report

in two parts-one dealing with the identification' of the

bonded labour and the second covering the inquiry into the

implementation of the 21 directives. The petitioner-Morcha

came before the Court with a petition for contempt action

alleging that the directions were not being implemented.

That led to the appointment of Mr. Mahabir Jain of the

Faculty of National Labour Institute-to inquire into the

measures and report on the degrees to which the 21 direc-

tives issued by the Court had implemented and to present to

the Court a clear picture of the issues involved f.or ena-

bling it to make its own assessment and come to a conclusion

as to whether the directions had been or were being imple-

mented and also as to whether action for contempt was appro-

priate or in the matter of monitoring the social problem,

some other course was necessary to be adopted. In February,

1989, Mr. Jain gave a very detailed report to the Court

which is on record and to 'which reference has to be made in

a later part of our order.

The Union Territory of Delhi housing the capital of the

country is surrounded on three sides by the Haryana State

and on the other lies the State of Uttar Pradesh. The stone

quarries of Faridabad have thrived for almost half a century

now on account of building activity in the industrial belt

of Haryana particularly Ballabgarh and Faridabad and in the

Union Territory of Delhi. The quarrying process involves

substantial manual labour and the need of Continuous avail-

ability of labour at cheap rate has led to the growth of the

system of bonded labour in that trade. For a loan taken at

an exorbitant rate of interest

538

the debtor virtually sells himself to the creditor and gets

bonded usually for a period of life and renders service for

the purpose of satisfying' the debt. The creditor anxious to

exploit the situation ensures that the debt is never satis-

fied and often on the traditional basis of pious obligation

the liability is inherited by the children of the original

debtor. The system thus provides a built-in mechanism for

continuation of exploitation of the under-privileged section

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of the society by the privileged few living therein.

The bonded labourers are, paid nominal wages and often

their family members are not permitted to take remunerative

jobs elsewhere without permission of the master, Normally,

such permission is not granted and the impoverished condi-

tion is allowed to continue to the advantage of the credi-

tor. The Constitution-fathers were aware of this prevailing

inhuman practice and in Art. 23(1) provided:

.lm`5

"Traffic in human beings and beggar and other similar forms

of forced labour are prohibited and any contravention of

this provision shall be an offence punishable in accordance

with law."

So powerful was the rich men's lobby that it took 25

years after the enforcement of the Constitution to provide a

definite law for the purpose and the Presidential Ordinance

was the first positive measure in this direction. That got

replaced Act entitled Bonded Labour System (Abolition) Act,

1976. We may point out that the directives in Arts. 39(c),

41 and 42 are also relevant in this regard.It is perhaps not

necessary to delve into the philosophy involved in the

matter as the 3-Judge Bench has gone into it in the judgment

of December 1983, and what remains for consideration at this

stage is more or less a clear review of the enforcement of

the directives and assessment of the outcome for achieving

the statutory purpose and the constitutional goal and for

the fulfilment of the hopes and expectations of this Court

in that regard and if it is necessary to take further action

and if so, what such action, should be. This will require an

analytical study of, the reports furnished by Mr. Laxmidhar

Misra and Mr. Mahabir Jain.

Mr. Laxmidhar Misra in his letter to the Registry of

this Court in January, 1984,' indicated that the inquiry

entrusted to him had two phaSes--the first relating to the

inquiry into the implementation of the Bonded-Labour System.

(Abolition) Act, Inter-State Migrant Workmen (Regulation of

Employment and Conditions of Service) Act and the Contract

Labour (Regulation and Abolition) Act etc. and the

539

Second related to ascertaining the extent of compli-

ance of the directions of this Court by the concerned au-

thorities. On 4th February, 1984, this Court directed:

"So far as ,the consideration of the

report of Mr. Laxmidhar Misra is concerned,

the same does not brook any delay involving as

it does the release and rehabilitation of the

bonded labourers and amelioration of the lives

and working conditions of the large number of

stone quarry workers, we would direct that the

matter be expeditiously taken up."

Mr. Laxmidhar Misra submitted his report on. the

second aspect too. His report gave the ultimate indication

that the enforcement of' the Acts covered by the first part

of his report had not been adequate. In regard to the-second

part, namely, steps for implementation of the Court's direc-

tives, he also came to hold that nothing very substantial

had been done though some steps had been taken.

On 3.5.1988, this Court required Shri A.K. Srivasta-

va, Director General of Labour Welfare in the Ministry of

Labour to inquire into the matter-again and furnish a report

on the degree to which the directions issued by the Court

had received compliance. Shri Srivastava was not in a posi-

tion to undertake this inquiry and ultimately it led to-the

appointment Of Mr. Mahabir Jain, as already indicated. On

6th of March, 1989, Mr. Jain furnished his report.He took

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into account the 21 directives of the Court. As the report

indicates,he adopted the method of interviews, observations,

representations, holding of formal and informal meetings,

reference to documents and other available literature as the

basis for collection of information. He spent considerable

time in the jhuggi colonies where the bonded labourers dwell

in different parts of the quarry area. He noticed absence of

sufficient drinking water facility, no provision for school-

ing of the children of the bonded labourers and want of

appropriate medical facility. Apart from these, he also

found that the jhuggis were very small, unhygienic and did

not constitute reasonable accommodation for human use. He

noticed that there was lack of organisation among the jhuggi

dwellers which facilitated their exploitation by the stone

quarry owners. Even though camps were being organised at

regular intervals. for workers employed in the stone quar-

ries and stone crushers by the Regional Directorate of

Workers Education Centre, Faridabad, there was no discerni-

ble' impact whiCh would catch the eye of the visitor. He

recorded the statements of several people he met

540

including workers, their widows, dependants, relations,

outsiders and public officials. He noticed that adequate

safety measures were not available in the mines and several

accidents had taken place on that account.

With reference to the Workers' Education Centre at

Faridabad, Mr. Jain observed:

"A critical analysis of the camp reports shows

mat a few Acts like the Mines Act, Minimum

Wages Act, BOnded Labour System Act, Maternity

Benefit ACt. Payment of Wages Act and Trade

Union Act had been given much emphasis in

almost all the camps. In only one or two

camps, topics like eradication of social

evils, economic problems, a sense of coopera-

tion and the need for organisation of the

workers had been discussed. If one goes back

to the camp reports of the Centre for Workers

Education, Faridabad. one finds that the basic

objectives of the camps were to desensitise

the workers about their legal rights and the

need for workers organisation. Compared to

those objectives, the discussion of the topics

relevant to organisation building had been

given less emphasis. Besides, less emphasis

was also on audio/visual method of teaching.

However, topics discussed in different camps

were more or less the same. Therefore, topics

which would create awareness among stone

quarry workers need to be discussed in the

camps.

In regard to the specific direction of the Court, Mr.

Jain noticed that Vigilance Committees as required under

Section 13 of the Act had been constituted in all districts

and sub-divisional headquarters of the State of Haryana and

a good number of meetings of the Vigilance Committees had

been held. He, however, came to the conclusion on verifying

the proceedings of the Vigilance Committee at Faridabad that

he did not find any useful information regarding the work of

the Vigilance Committee'.

Mr. Jain then referred to the report submitted by Shri

Laxmidhar Misra to this Court where he had said that 26 per

cent of the bonded labourers had been released and rehabili-

tated by the State Government; nearly 30.per cent of the

identified bonded labourers were not willing to go back to

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their native places. At the same time, 41 per cent of. the

bonded labourers had left the work site. According to

541

Mr. Jain, these facts showed that only one bonded labourer

out of every three identified was willing to go back to his

or her native place. Mr. Jain, however, found that most of

the bonded labourers who had been released or rehabilitated

came back to the mines--a feature which clearly indicates

that the rehabilitation process was defective and not use-

ful. If the rehabilitated bonded labourer had a sense of

confidence in the arrangement of rehabilitation, there would

indeed be no occasion for him to run away from the rehabili-

tative process back to bondage. Mr. Jain found that the task

of identifying the bonded labourers had not been sincerely

carried out. It is true that in 1982 the Haryana Government

had instructed all the District Magistrates to make rehabil-

itation schemes for released bonded labourers in accordance

with the Government of India's scheme and contemporaneously

or near about that point of time some rehabilitation had

been undertaken. In the absence of constant goading, the

exercise had become sporadic and even fell into disuse. Mr.

Jain found that there had been an increase in the number of

bonded labourers and stone quarries were again thriving. The

minimum wage programme had not been effectively introduced.

A few prosecutions had been lodged but that was not adequate

and had not generated the requisite consciousness. Payment

of wages had not been properly recorded and in the absence

of documents cross-verification became indeed difficult. The

Commissioner found that even though Mr. Laxmidhar Misra had

indicated about deficiency of drinking water, schooling

facility, medical treatment and the, like, no attention had

been bestowed on improving these aspects and he noticed

dearth of these wherever he went. Portions from the conclu-

sions of the Jain report may now be extracted. His report

said:

"It is a technologically backward industry

thriving on continuous plentiful supply of

cheap replaceable labour. The impoverished

rural -hinterland sends forth an unending

stream of uprooted, assetless, illiterate e

people from the 'traditionally oppressed

communities, mainly the Scheduled Castes and

Tribes. As workers in stone quarries and

crushers, they must remain uprooted, asset-

less, illiterate and oppressed---so that they

may be easily replaced; so that the industry

may continue to get its labour cheap."

He further found:

"It is an industry which--in the mineral

extraction part-allows unchecked operation of

self-appointed, unregistered

542

middlemen, nicknamed 'contractors' who perform

a variety of functions."

His yet further findings were that there was no account-

ability, the trade was ecologically hazardous, there was

lack of planning and the working involved 'an in-built

system of criminality. He, therefore, recommended that there

should be central registration of all workers, conferment of

the status of small producers by allocating-permits directly

to them, determining the minimum remuneration, facilitating

modernisation, total exclusion' of contractors and middlemen

from the trade and protection and restoration of the natural

environment.

This matter was heard for' some time on the basis of

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these reports of Mr. Jain and we reserved judgment on 1oth

of July, 1990., Swami Agnivesh at Whose instance this Court

had registered the proceeding had undertaken to supply a

list of unrehabilitated bonded labourers. He took quite Some

'time to submit the statements and these reports indicated

their number to be 3993. When we were proceeding to dispose

of the matter a communication was received by the Court

dated 24.1.1991 from the 'Director General of Labour Welfare

in the Ministry of Labour that the total number was 523 upto

30.11.1990. The gap was so huge that we found it difficult

to proceed tO Conclude the matter on the basis of the state-

ments given by Swami Agnivesh by ignoring the situation.

These aspects were brought to the notice of the parties and

after hearing them, by an order of 2 1st FebrUary, 1991

this, Court directed:

"With a view to meeting the situation, we

direct that a Committee shall immediately be

set up' with Director General, Labour Welfare

of the Union Government or a very senior

officer from his establishment, the'Chief

Judicial Magistrate, Faridabad, Mrs. Raju

Ramachandran, an advocate of the Supreme Court

with social service background, an officer

from the Haryana Government nor below the rank

of Additional District Commissioner and Swami

Agnivesh representing the petitioner. Mr.

Rohtagi or his nominee advocate 'appearing for

the brick kiln owners would be permitted'to

associate in the activities of the Committee.

This Committee shall within six

weeks from now check up the particulars pro-

vided in the list by the petitioner, identify

the persons claimed to have been bonded

543

labour and collect all relevant material in

respect of them; so as to assist this Court to

make further directions in terms of the re-

quirement of the scheme to rehabilitate them.

In course of their movement, for the purpose

of complying. 'with this order if fresh cases

of bonded labour are noticed by them they

would collect the particulars separately and

report to the Court."

The Committee obtained extension of time from this Court and

ultimately has furnished its report on July 1, 1991.

This Committee adopted the questionnaire form to elicit

information on all relevant aspects Which were 18 in number

and have collated the material. In a part of the report it

has said:

"The Committee members have personally identi-

fied every person whose name appears in the

list prepared by the Committee. They were

approximately 1983 persons so identified

but from each dera there were about 20% per-

sons who were not available for identification

either out of fear of the contractor or be-

cause they had gone out that day for buying

provisions or to the doctor. Some persons

could not be identified because the Committee

missed finding them in their homes 'and also

missed finding them in their places of work.

Some workers from the list given by the peti-

tioner had left and gone elsewhere and in

their place some others had come. There were

some persons whose names had been missed in

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the list prepared by the Bandhua Mukti Mor-

cha. The list of persons prepared by the

Committee is all inclusive of the above iden-

tified categories."

In this setting it would perhaps be appropriate to

proceed on the footing that the total number of identified

bonded labour is around 2000 and hot 3993 as stated by the

petitioner. It may be that some of the people whose name

appear in the list furnished by Swami Agniyesh are no more

in the area. It may also be that people who had left their

work even by then had been included in that list.

The picture placed by the Committee in regard to wages

does not give one different from what had been recorded by

this Court when the original case was disposed of in 1982.

It may be that the labourers have' become more' informed and

educated about their rights. They have,

544

however, no organised base. They. are the weaker party and

once they are in the trap of bondage the capacity to negoti-

ate is gone. That is how, exploitation thrives notwithstand-

ing the intervention of this Court. The facility of school-

ing and medical treatment, availability of water, provisions

and scope for recreation are aspects which still require

attention.

The Committee has reported:

"Inspite of order dated 17th October, 1990 of

the Chief Labour Commissioner under section

25(2)(v)(b) of' the Contract Labour (Regula-

tion and Abolition)'Central Rules, 1971 in

respect of stone breaker who is a piece rated

worker working in the stone mines in the

Faridabad area, fixing the piece rated wage at

the rate of Rs. 133 per 200 cft. stone, there

is no implementation thereof."

At another place the Committee has said that though this

Court in the main judgment had indicated that untrained

workers should not be engaged in the blasting operation with

explosives the practice seems to' be 'still 'continuing and

the law as also the direction of this Court were being

violated by the contractors. The 'Committee, therefore, has

recommended that the principal employer should be made

liable for implementation of the directions both of law and

the court. The contractors working under the Haryana Miner-

als Ltd. were mostly unregistered and unlicensed.

The Committee has noted that the entire area of opera-

tion has a dust cover in the atmosphere which is hazardous

to the workmen's health. No attention has been bestowed by

the inspecting authority or the labour law enforcers to

secure improved conditions of working. There has been divi-

sion of opinion as to whether it is the responsibility of

the State Government Or the employer in regard to providing

educational facility to the children of the quarry

WorkerS/We have not been able to see any reason for the

difference. Quahies are located. in a particular area away

from habitation. On account of necessity for' workmen in the

area people from different parts Of ,the country are made to

live therein along with their families under very insanitary

and inconvenient conditions. Health care of. workmen and

members of their families and education of the children as

also the adults in such exclusive locality should be of the

employer. To require a school to be built in such an area

where there may not be adequate number of children for the

purpose of schooling at the expense of the State exche-

545

quer may not be appropriate. That apart these institutions

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should be a part of the trade. In the manner the employer

has.to make provision for water and medical care, it should

also have the responsibility of providing schooling for the

children of the workmen. Today emphasis is also being given

on adult' education. If appropriate facility is provided the

workmen beyond their working hours can also have scope for

learning the three Rs and this could be through a process of

adult education with State support under the relevant

scheme.

The State of Haryana must come forward to play its role

in a better way As already pointed out.these are quarries

located nearabout the industrial belt of Haryana and not far

away from Delhi. Ecology. is not only a focal problem but

must be taken to be a problem of Delhi also. Dust emanating

from the working area in Haryana is bound to affect adverse-

ly the Delhi atmosphere. In fact, if-adequate importance is

given to the angle of pollution the industry itself has to

be regulated or may have to be stopped.,

The State of Haryana, we must say, has not taken our

intervention in the proper spirit and has failed-to exercise

appropriate control though some eight years back' this Court

had in clear terms laid down the guidelines and had called.

upon the' public authority to take charge of the situation

and provide adequate safeguards.

The operation of stone quarries is more or less concen-

trated in particular areas. That is a. feature which facili-

tates control. If a local officer of appropriate status had

been placed around the corner it would have helped in im-

proving the lot of the workmen. If the pollution authority,

had been made to visit the area at repeated intervals pollu-

tion. control Could have been imposed. If some authority

entrusted with welfare had been made to inspect this area at

regular intervals he could have ensured availability of

facilities for schooling and hospital as also supply of

drinking water to the workmen. It, is a hot belt and for

over 4 to 5 months water scarcity is there in this area.The

Workmen's job is such that they are exposed to the summer

heat. It is the obligation of the employer, therefore, to

provide a definite source of water:"

The workmen are engaged almost on full time basis. As

report indicates bulk ,of the workmen are not prepared to

return to their States. What is,necessary; therefore, is

provision of a permanent base for residence at or near the

work site. This would necessitate reason-' able housing;

supply of water, a reasonable provision store at hand,

546

schooling facility, facility of a hospital, :recreational

facilities and attention to the law and order problem.

Perhaps near the area a police station or an outpost could

be located. If the workers were insufficient in number, a

doctor could be taken as a visitor.to the. area at frequent

intervals and instead of a regular. school one single teach-

er could be provided to look after the health of the people.

Court's judgment to regulate such matters has inherent

limitation. These are not schemes which could be convenient-

ly monitored by a court--far less can the apex court keep

track of the matter. Its Registry has congestion. To get

attention for a matter of this type from the Court is bound

to take some time. Human problems in their normal Way do

not. wait for a time schedule for attention. In such circum-

stances, it should be the obligation of the State which on

account of running stone quarries within its area must in

various ways be getting benefits to look after these as-

pects. As a welfare.' State it is now the obligation of the

State of Haryana to cater to these requirements of the area.

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Haryana as we find has made substantial. advances compared

to many other States of the country and there is some amount

of welcome consciousness in the administration of the State.

We hope and trust that if a direction is issued to the Chief

Secretary of the State to regulate these aspects the repos-

ing of trust by this Court would not turn out to be mis-

placed.

In these circumstances we call upon the State of Har-

yana to attend to the needs referred to above of the workmen

in a wellconsidered' and systematic way. Since those workmen

who will be working there have to be protected from the

vagaries of employment and the anxiety of the employer to

draw work without adequate payments, the authorities of the

State of Haryana must take care to protect the workmen

from.the hands of the employer by ensuring compliance with

the laws and if there be any vacuum. in the laws, the State

of Haryana should rise to play.the role of a welfare State

and play it well. In fact there could be a special cess-

raised against the quarry activities to be specifically

utilised by way of return to the industry and there could

be a special fund out of which all the amenities referred to

above could be provided. What is wanting is not power but

the mind and alertness regarding one's duty.

If our directions are worked out there would really be

no bonded condition and the workmen would be paid their

due-share against employment and with the facilities ensured

they can-live well in the area.

547

At the point of enforcement of the directions as indi-

cated above if any one turns out to be bonded and is freed

and is also prepared to return to his State, the scheme.

framed by the Government of India would be applicable to

such person.

We are thankful to Mr. Laxmidhar Misra, Mr. Mahabir Jain

and the members of the new Committee for their cooperation.

The society to maintain its own elevation requires willing

and voluntary contribution from all those who inhabit it. In

a welfare State it is the society. which has to develop its

welfare means. No society can have the welfare outlook

unless geared up on the basis of amity, friendship, coopera-

tion, consideration and compassion. If everyone living in

India is willing to believe in the 'live and let live'

principle he would be prepared to devote the same attention

to the people around him as he is willing to devote for

himself. This factor, if practised, would immediately bring

about sufficient rejuvenation of the ailing society. It., is

this elevated society that everyone must look forward to.

We, therefore, dispose of this petition by directing

that the State of Haryana shall now ensure that the people

who have been identified numbering about 2000 are continued

in work with the improved conditions of service and facili-

ties as referred to above and such of them who want to go

back to their native areas be treated as released from

bondage and appropriate action must be taken in accordance

with Government of India's scheme forthwith. There shall be

no order as to costs.

We had called upon the State of Haryana:to deposit

Rs.20,000 to meet the expenses of the Committee appointed by

us. The Registry will look into that matter and on the basis

of the statement furnished by the Committee put up a note

within two weeks for giving direction regarding honorarium

to be paid to the members of the Committee.

V.P.R. Petition

allowed.

548

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