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REPORTABLE

IN THE SUPREME COURT OF INDIA

CIVIL ORIGINAL JURISDICTION

WRIT PETITION (CIVIL) NO. 3922 OF 1985

PUBLIC UNION FOR CIVIL LIBERTIES .. Petitioner

Versus

STATE OF TAMIL NADU & ORS. .. Respondents

J U D G M E N T

K. S. Radhakrishnan, J.

1.Through this Public Litigation, the petitioner has brought to the

notice of this Court tell-tale miseries of bonded labourers in our

country and their exploitation and the necessity of identifying and

checking the practice of bonded labour in this country and to

rehabilitate those who are victims of this practice.

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2.This Court, while interpreting the provision of the Bonded Labour

System (Abolition) Act, 1976, (for short ‘the BLS (A) Act) in the light

of the constitutional provision like Article 23, The Minimum Wages Act

1948, Contract Labour (Regulation and Abolition) Act 1970, Inter-State

Migrant Workmen (Regulation of Employment and Conditions of

Service) Act 1979, The Mines Act 1952 gave various directions

including the setting up of Vigilance Committees, District Magistrates,

etc. for the purpose of identifying and freeing bonded labourers and to

draw up a scheme or programme for a better and more meaningful

rehabilitation of the freed bonded labourers and to ensure

implementation of the BLS (A), Act, 1976. In Bandhua Mukti

Morcha v. Union of India (1984) 3 SCC 161, Neerja Chaudhary v.

State of M.P. (1984) 3 SCC 243 this Court took the view that failure

to rehabilitate freed bonded labourers would violate Articles 21 and 23

of the Constitution. In P. Sivaswamy v. State of Andha Pradesh

(1988) 4 SCC 466 this Court held that the grant of financial assistance

by the States of Rs.738/- per family of the released bonded labourers

was inadequate for rehabilitation. Court held that the States,

employers have a duty to rehabilitate the released bonded labourers.

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3.This Court, dealing while dealing with this case, passed an

interim order dated 13

th

May, 1994, (reported in (1994) 5 SCC 116)

and gave various directions which are as under:

“(1) To identify the bonded labourers and update the

existing list of such bonded labourers as well as to identify

the villages where this practice is prevalent.

(2) To identify the employers exploiting the bonded

labourers and to initiate appropriate criminal proceedings

against such employers.

(3) To extinguish/discharge any existing debt and or

bonded liability and to ensure them an alternative means of

livelihood.

(4) To appoint an independent body such as a local non-

political social action group to collect independent

information and details of—

(a)the prevalence of the exploitative practice of

bonded labour and

(b)employers or their agents perpetrating the wilful

violation of the law by encouraging and abetting the

practice of bonded labour.

(5) To provide employment to such bonded labourers as

agricultural workers at the prescribed minimum wage rate

and/or provide the landless bonded labourers with

agricultural land, with a view to ensure an alternative

means of livelihood.

(6) To provide adequate shelter, food, education to the

children of the bonded labourers and medical facilities to

the bonded labourers and their families as part of a

rehabilitation package.

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(7) To ensure—

(a)regular inspection by the Labour Commissioner

concerned to keep the contractors who have in the past

employed bonded labourers under watch,

(b)setting up of Vigilance Committees in each

district,

(c)the District Magistrates concerned to send

quarterly reports to the Supreme Court Legal Aid

Committee or to any Commissioner appointed by the court

for this purpose,

(d)the setting up of rural credit facilities such as

grameen banks, cooperatives etc. from which short-term

interest free loans can be availed without security, since the

root cause of bonded labour seems to be the lack of

availability of funds (credit through an institutional

network).

(8) To initiate criminal prosecution against the

contractors/employers or their agents who engage bonded

labour and employ children below the age of 14 without

adequate monetary compensation by paying wages below

the minimum wage rate, as prescribed under the Minimum

Wages Act.

(9) To initiate criminal prosecution against those employers,

contractors or their agents who make part payment of

wages by way of Khesri dal which is known to cause

permanent disability — lathyrites.

2.With specific reference to the State of Madhya

Pradesh, this Hon'ble Court gave the following additional

directions:

(i)To provide data to this Hon'ble Court in respect

of prosecutions launched against various employers already

identified in proceedings before this Hon'ble Court as having

employed bonded labourers in the context of Harwaha

System.

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(ii)To investigate and provide data to this Hon'ble

Court in respect of the fate of those bonded labourers

identified and allegedly freed from the Harwaha System.

(iii)To report the present extent of cultivation of

Khesri dal within Rewa and Satna districts as well as such

other districts in which it may also be cultivated.

(iv)To report the steps taken by the State

Government to prohibit the cultivation and consumption of

Khesri dal.

(v)To report the fate of persons already identified

as suffering from lathyrites and the steps taken by the

State Government to provide free medical aid and facilities

to such persons.

(vi)To provide the steps taken, if any, for the

rehabilitation of bonded labourers freed from the Harwaha

System and the rehabilitation of persons suffering from

lathyrites within the State of Madhya Pradesh.”

3. All the State Governments should issue directions

forthwith to the Collector and District Magistrate of each

district for making the necessary compliance. We also direct

that all the State Governments would file a detailed report

supported by an affidavit of a Senior Officer indicating the

manner and the extent to which these directions have been

complied with and also indicating therein the programme

drawn up for full implementation of these directions. The

report of the State Governments should also contain the

detailed information required to be furnished in accordance

with these directions. These reports be filed by each State

Government by the end of August 1994. The matter be

listed in the first week of September 1994.

4. The Registry to ensure that a copy of this order is

made available to each State Government through their

standing counsel, in addition to Mr Kapil Sibal, Senior

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Advocate and the other learned counsel appearing in these

matters.”

4.The National Human Rights Commission (for short the ‘NHRC’)

has been entrusted with the responsibility of monitoring and over-

seeing the implementation of its directions as well as provisions of the

BLS (A) Act in all the States and Union Territories vide this Court’s

order dated 11.05.1997. The Expert Group constituted by the NHRC

submitted its Action Taken Report (ATR) on 6.6.2001 and this Court

vide order dated 5.5.2004 reported in Public Union for Civil

Liberties v. State of Tamil Nadu & Ors. (2004) 12 SCC 381 gave

the following directions:

“1. All States and Union Territories must submit their status

report in the form prescribed by NHRC every six months.

2. All the State Governments and Union Territories shall

constitute Vigilance Committees at the district and sub-

divisional levels in accordance with Section 13 of the Act,

within a period of six months from today.

3. All the State Governments and Union Territories shall make

proper arrangements for rehabilitating released bonded

labourers. Such rehabilitation could be on land-based basis or

non-land basis or skilled/craft-based basis depending upon

the choice of bonded labourer and his/her inclination and past

experience. If the States are not in a position to make

arrangements for such rehabilitation, then it shall identify two

philanthropic organisations or NGOs with proven track record

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and good reputation, with basic facilities for rehabilitating

released bonded labourers within a period of six months.

4. The State Governments and Union Territories shall chalk

out a detailed plan for rehabilitating released bonded

labourers either by itself or with the involvement of such

organisations or NGOs within a period of six months.

5. The Union and State Governments shall submit a plan

within a period of six months for sharing the money under the

modified Centrally Sponsored Scheme, in the case where the

States wish to involve such organisations or NGOs.

6. The State Governments and Union Territories shall make

arrangements to sensitise the District Magistrate and other

statutory authorities/committees in respect of their duties

under the Act.”

5.The NHRC later submitted yet another report on 10.8.2009 high-

lighting the remedial steps to be taken for eradication of bonded

labour and child labour in the country. The NHRC in its report stated

that its officials had been conducting detailed reviews on the status of

the implementation of the Act in the various States/Union Territories

(UTs). The report stated that these reviews were forwarded by the

NHRC to the respective States/UTs for the necessary follow up action,

and they were required to submit ATR to the NHRC. The NHRC has

stated as follows:

“ATRs have been received from most of the State

Governments but as they were incomplete they had to be

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returned for clarification and furnishing additional

information before they could be accepted by the

Commission. These States are being reminded and this will

continue till follow up action is completed. Repeat visits to

a few States (Orissa, M.P., Chattisgarh, Jharkhand, Punjab,

Rajasthan, Karnataka and Bihar) have to be undertaken as

the track record of compliance with the directions issued by

the Commission is considered to be unsatisfactory by these

States.”

6.A review noticed that the States/UTs were supposed to receive

assistance to the tune of Rs.2 Lakh per district once every 3 years for

conducting surveys. However surveys had been conducted only a few

States, that too in respect of only a few selected areas. Further, it was

also noted that in many instances bonded labourers were found and

reported, the district administration had relented and dropped the

cases. The NHRC in its report cited the instances of Tamil Nadu to the

following effect:

“….. to illustrate, in Tamil Nadu, 25000 cases out of 38,886

(cases of ) bonded labourers identified were dropped

leaving only 13,886 bonded labourers;

….. in Malkangiri district (which falls in the KBK region) a

survey was conducted in 2001-02 with the help of NGO’s

(where) 707 bonded labourers were identified but (the)

district administration dropped 688 cases leaving only 19

bonded labourers to be release.”

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7.The NHRC further states that Investigation/inquiry into specific

complaints about bonded labourers were generally left by the

States/UTs to be undertaken by the field officers of very low ranks

who lack both professionalism as well as sensitivity to conduct such

inquires and even existence of bonded labourers were detected in the

States/UTs, States/UTs permitted compromise or settlement though

the Act itself does not contemplate such a measure. The NHRC noted

with concern that though one of the modes of identifying and

detecting existence of bonded labour was conducting raids on

households and workplaces, this however, had not been taken

recourse to by most States, except the State of Maharashtra. The

NHRC in its report stated that even though the guidelines on the

methodology of identification of bonded labourers formulated by Shri

S.R. Shankaran, Chairman of the Expert Group constituted in the year

2001-02 had been circulated to all the States/UTs but there was no

evidence on the ground of them being adopted and implemented.

The report further pointed out that according to the Ministry of Labour

the following features came out clearly in the reports received from

the States:

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“a) No fresh surveys are being conducted in the States.

Wherever surveys have been conducted in the last few

years, no bonded labourers could be found.

b) Whereabouts of about 20,000 bonded labourers are

reported to be untraced. Registers about bonded labourers

identified, released and rehabilitated are not being

maintained as required under Rule 7 of the BLS (A) rules.

c) Budget provisions are not being made on the ground that

there are no bonded labourers.

d) All the Union Territories have been reporting that they

have no Bonded labourers.”

8. The NHRC accordingly requested this Court to give the following

directions to the States/UTs:

“a)Periodical conduct of survey in the affected areas is

one of the measures which would source eradication of

bonded labour system in compliance with the BLS (A) Act.

Section 14(e) of the Act casts a statutory responsibility on

the Vigilance Committees constituted in each district such

surveys. It suggested that fresh survey be conducted by

all States and repeated once in three years.

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b) The constitution of Vigilance Committees in

all States at district and sub-divisional level was a

necessary step in the process of property conducting

surveys. Further these committees should be

reconstituted once every 2 years.

c) Since there was a need for a proper methodology for

conducting such surveys it also suggests that the

Guidelines issued by Shri S.R. Shanakaran, Chairman of

the Expert Committee constituted by the NHRC be

adopted with suitable modifications to suit local conditions.

d) While disposing of cases under the BLS (A) Act the

trying Magistrate should have recourse to the summary

procedure as laid down in Section 21(2) of the Act in all

cases brought before him.

e) It was also suggested that to make the

rehabilitation package under the Centrally Sponsored

Scheme more meaningful, there was a need for it not to

be confined to the limit of Rs.20,000, at which it stands at

present.”

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9.This Court, vide its order dated 9.7.2010, directed all the

States/UTs to file their response to the NHRC’s report. The

States/UTs were required to respond at least on the following aspects:

a) When was the last bi-annual report by the concerned

State/UT submitted to the NHRC?

b)When was the last survey, as stipulated under the Act

undertaken by the State/UT?

c)Whether the Vigilance Committee for the implementation

of the Act has been constituted in all the districts in the

States/UTs?

10.This Court vide its order dated 1.10.2010, following the note

submitted by the amicus curiae on 27.9.2010, directed the Union of

India to submit the data as to the amount which the Centre is

releasing to the States/UTs and whether they were, in fact, using the

amount for the purpose for which they were released.

11.In pursuance to that order, the Union of India filed its affidavit on

16.12.2010. It was noticed that only five states had, till then,

furnished utilization certificates to the Union of India indicating

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utilization of central funds for survey. This Court, then, passed an

order on 16.12.2010 directing the Union of India to call for the

utilization certificates from all the States. Union of India later in its

affidavit on 25.4.2011 stated that the Ministry of Labour and

Employment has provided Rs.494 lakhs as Central Assistance for

conducting surveys to the various State Governments during the

periods from 2001-2001 to 2009-2010. The Affidavit revealed that, in

majority of the States, no surveys have been conducted after the year

2002-2003, namely, Punjab, Rajasthan, Karnataka, Orissa, Bihar,

Jharkhand, Arunachal Pradesh, Chhattisgarh, Uttrakhand. It was

stated that only a handful of States have conducted surveys in

subsequent years, and that in many instances, the Survey Reports

were still awaited.

12.This Court then passed an order dated 25.4.2011 directing the

States of Haryana and Andhra Pradesh to explain what steps they have

taken to implement the provisions of 1976 Act. Noticing that those

States were not taking effective steps, this Court passed another order

dated 26.8.2011 directing them to submit their Accounts to the

Ministry of Labour, Government of India with regard to disbursement

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of amounts by Central Government for survey and rehabilitation of

bonded labour. The responses from those States are far from

satisfactory.

13.The NHRC submitted its revised report dated 3.9.2011 before this

Court. We notice that the response from the States to the said report

is also not satisfactory. The revised report of the NHRC reiterated that

the analysis of the half yearly report sent by the States/UTs reveals

the following aspects:

“(i)The reports appear to have been prepared in a very

casual and stereotype manner.

(ii)They contain mostly nil information as far as

conducting fresh surveys for identification of bonded

labourers is concerned.

(iii)In some States like UP nearly 700 released bonded

labourers have been awaiting rehabilitation for years due to

no provision of funds in the budget needed for

rehabilitation.

(iv)The outcome of legal and penal action against the

offending employers or bonded labour keepers is nil.

(v)Not a single case has been reported so far which goes

to show that an offending employer had been convicted by

way of imprisonment.

(vi)It is almost confirmed beyond doubt that (a) efforts at

identification of bonded labourers through fresh surveys are

lackadaisical and the outcome of such surveys is nil (b)

there is inordinate delay in securing rehabilitation of

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released labourers and (c) the penalties awarded are not

proportional to the judicial severity of the crime.”

14.The NHRC further stated that while examining about 400 cases,

only in one case, the Commission found that the ground level situation

confirmed to fulfillment of all requirements under the Minimum Wages

Act, that the employer paid wages according to the law and has not

detained anyone. Report states that workmen are usually recruited to

brick kilns by middlemen on payment of an advance or other

allurements, but at the close of the brick kilns operations, the

advances paid at the time of recruitment are adjusted with wages due

to the workmen in an arbitrary manner, to the disadvantage of the

worker. It is unnecessary to dilate the matter further. Suffice it to say

that on 30.6.2011, in all 2780 cases involving about 1 lakh bonded

labourers have been registered in the Commission and presently 841

cases are under consideration of the Commission. The NHRC also

specifically brought to the knowledge of this Court, two specific

complaints, which are pending for compliance before the Government

of Andhra Pradesh and with the Governments of West Bengal,

Jharkhand, Bihar and NCT of Delhi. The NHRC has sought proper

directions from this Court so that the concerned States would take

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steps for reporting compliance to NHRC at the earliest. It is useful to

refer to the situations in the States of Andhra Pradesh, West Bengal,

Jharkhand, Bihar and NCT of Delhi, which are as follows:

“RE: ANDHRA PRADESH

22.The first complaint is with respect to the State of

Andhra Pradesh and pertains to the plight of labourers

working in stone quarries on National Highway No. 9

at a distance of about 22 kms from Vijaywada. The

issue was brought to light in 2005. However, despite

repeated efforts when no results were forthcoming,

the NHRC constituted a team to interact with the

labourers and submit a detailed report. The team

accordingly submitted its report “confirming the

allegation that as many as 5000 quarry workers at the

time of the visit [i.e.30.06.09 to 5.07.09] were living

and working under conditions of debt bondage.”

Pursuant to the report “even though the Chief

Secretary appeared in person before the Commission

on 5.10.09 and gave an assurance about the

implementation of labour laws and provision of basic

facilities, till date that action on the part of the State

Government and the District Administration, Krishna

remains incomplete and the State Government is

seeking time again and again.

RE: WEST BENGAL, JHARKHAND, BIHAR AND NCT OF

DELHI

23.The second complaint of then NHRC pertains to the

plight of bonded children from West Bangal,

Jharkhand and Bihar working under bonded conditions

in certain Zari Factories of Kotlamubarakpur Police

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Station area of Delhi had been released and rescured

through raids “no steps have been taken by the

administration of NCT of Delhi for issue of release

certificates to the victims and for their rehabilitation.

Instead of handing over the release certificates to the

victims, these were sent to the Resident

Commissioners of the three originating States namely

West Bengal, Jharkhand and Bihar.” The NHRC has

further pointed out that “in the process more than 2

years lapsed and the children who were supposed to

have been rehabilitated by now could not be

rehabilitated due to acts of negligence both of the part

of Government of NCT of Delhi [as] also [the]

Government[s] of Bihar, West Bengal and Jharkhand.”

Even though the complaint dates back to 2005 and

proceedings were initiated by the NHRC in 2006, “till

date there is no confirmation from the” States

concerned “as to whether all the 129 working children

who were rescued and released from work in the Zari

making units of NCT of Delhi have been fully

rehabilitated.”

15.Shri A.K. Ganguly, learned senior counsel who assisted the Court

as Amicus Curiae, submitted that in the light of the NHRC report dated

10.8.2009 and the affidavits filed by the States/UTs and the Union of

India and subsequent revised report of NHRC dated 3.9.2011, it is

imperative that certain directions are to be issued to the various

States/UTs for proper implementation of the provisions of the 1976

Act.

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16.After hearing the amicus curiae and other learned counsel

appearing in these proceedings and also taking note of the previous

orders passed by this Court, we are inclined to give the following

directions, apart from the directions already issued:

(1)Fresh surveys be conducted periodically once in three years

in all the States/UTs in accordance with the provisions of

the Act and the revised report, the findings of the survey

should be made a part of a computerized data base

available on the websites of all concerned.

(2)The responsibility of conducting the surveys is on the

District Level Vigilance Committees and Sub Divisional

Vigilance Committees of the States/UTs and such

committees should submit their reports to the NHRC. This

should be done in every three years and Committees also

should be reconstituted in every three years.

(3)Bonded labour, it may be noticed, is rampant in brick kilns,

stone quarries, crushing mines, beedi manufacturing,

carpet weaving, construction industries, agriculture, in rural

and urban unorganized and informal sector, power looms

and cotton handlooms, fish processing etc. The Vigilance

Committees are directed to give more attention to these

areas and take prompt action in case violation is noticed.

(4) Large numbers of children are working as domestic help in

the urban, town and rural areas with no chance to go to

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schools even though the education from standard I to VIII

is compulsory under the Right of Children to Free and

Compulsory Education Act, 2009. Local Panchayats and

local bodies should identify such children and ensure that

they get proper education. We are not unmindful of the

fact that in some households they treat the domestic help

just like their children and give food, clothing and education

but they are exception.

(5)Many of the States/UTs reporting NIL status with respect to

existence of Bonded labourers. This might be due to the

faulty methodology adopted by them for conducting such

surveys. Guidelines on the methodology of identification of

bonded labourers formulated by Shri SR Shankaran,

Chairman of the Expert Group constituted by the NHRC be

followed and implemented by all the States/UTs with

suitable modifications to suit local conditions.

(6)All the States/UTs should calculate firm requirements of

fund for rehabilitation of freed bonded labourers and steps

be taken to enhance the rehabilitation package from the

present limit of Rs.20,000.

(7)The District Magistrates are directed to effectively

implement Sections 10, 11 and 12 of the Act and we expect

them to discharge their functions with due diligence, with

empathy and sensitivity, taking note of the fact that the Act

is a welfare legislation.

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(8)The District Magistrate and the State Government / UTs

would see that the Minimum Wages Act, the Workmen

Compensation Act, the Inter- State Migrant Workmen Act,

Child Labour (Prohibition and Regulation) Act are also

properly and effectively implemented.

(9)Directions are issued to all Gram Panchayats, local bodies

to report, in case they come across any case of bonded

labour, to the District Magistrate who will take appropriate

follow up action under the Act.

(10)The States of Andhra Pradesh, West Bengal, Jharkhand,

Bihar and the NCT of Delhi are directed to ensure

compliance with orders passed by the NHRC as highlighted

in its revised report.”

(11)The States and the Union Territories should continue to

submit 6 monthly reports to NHRC.

(12)All the States / UTs to constitute Vigilance Committee, if not

already constituted within six months.”

17.This Court has already given various directions in its order dated

5.5.2004 passed in Public Union for Civil Liberties v. State of

Tamil Nadu and Others (2004) 12 SCC 381, authorizing the NHRC to

monitor the implementation of the provisions of the 1976 Act which we

re-iterate and direct NHRC to effectively monitor and implement the

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provisions of the Act. The orders passed by this Court, time to time, in

writ petitions are to be duly complied with the NHRC, Union of India,

States and UTs.

18.The Writ Petition is accordingly disposed of so as to enable the

NHRC to take appropriate steps and effectively supervise for carrying

out the directions issued by this Court and the provision of BLS (A)

Act. If the States/UTs are not implementing the directions given by

this Court, NHRC is free to move this Court for further orders. We

record our deep appreciation to the efforts made by learned senior

counsel – Shri A.K. Ganguli and for sparing his valuable time for a

public cause. This Court is deeply indebted to him which we place on

record.

……………………………………… .…J

(K. S. RADHAKRISHNAN)

……………………………………… ..J.

(DIPAK MISRA)

New Delhi,

October 15, 2012