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Bonded Labour Act

 1. The Bonded Labour System (Abolition) Act, 1976 --    Aims and Objectives of the Act. The bonded or forced labour system was known by different names in different parts of the country like Begar, Sagri or Hali, Jeetham etc. The issue of ‘bonded labour’ came to the forefront as a national issue when it was included in the old 20-Point Programme in 1975. Indebtedness which has been prevailing for a long time involving certain economically, exploited, helpless and weaker sections of the society

The Bonded Labour System (Abolition) Act, 1976 Definitions “Advance” means an advance, whether in cash or in kind or partly in cash or partly in kind, made by one person (the creditor) to another person the debtor)

“Agreement” means 

a. an agreement (whether written or oral or partly written and partly oral)

b. between a debtor and creditor, and

c. includes an agreement providing for forced labour, the existence of which is presumed

under any social custom prevailing in the concerned locality.

Explanation.—The existence of an agreement between the debtor and creditor is ordinarily

presumed, under the social custom, in relation to the systems mentioned under the Act.

“Bonded debt” means an advance obtained or presumed to have been obtained, by a bonded

labourer under, or in pursuance of, the bonded labour system;

“Bonded labour” means any labour or service rendered under the bonded labour system;

“Bonded labourer” means a labourer who incurs, or has, or is presumed to have, incurred, a

bonded debt;

The Bonded Labour System (Abolition) Act, 1976 Definitions

“Bonded labour system” means the system of forced, or partly forced, labour under which a debtor enters, or has, or is presumed to have, entered, into an agreement with the creditor to the an effect that,—

1. in consideration of an advance obtained by him or by any of his lineal ascendants or

descendants and in consideration of the interest, if any, due on such advance, or

2. in pursuance of any customary or social obligation, or

3. in pursuance of an obligation devolving on him by succession, or

4. for any economic consideration received by him or by any of his lineal ascendants or

descendants, or

5. by reason of his birth in any particular caste or community,

He would—

1. render, by himself or through any member of his family, or any person dependent on

him, labour or service to the creditor, or for the benefit of the creditor, for a specified

period or for an unspecified period, either without wages or for nominal wages, or

2. forfeit the freedom of employment or other means of livelihood for a specified period or

for an unspecified period, or

3. forfeit the right to move freely throughout the territory of India, or

4. forfeit the right to appropriate or sell at market value any of his property or product of his

labour or the labour of a member of his family or any person dependent on him,

and includes the system of forced, or partly forced, labour under which a surety for a debtor

enters, or has, or is presumed to have, entered, into an agreement with the creditor to the effect that in the event of the failure of the debtor to repay the debt, he would render the bonded labour on behalf of the debtor.

The Bonded Labour System (Abolition) Act, 1976 --    Features

1. The Act prohibits bonded labour system

2. The Act provides that if there is any agreement or instrument for the custom which

requires such bonded labour, it shall stand inoperative after the commencement of the act.

3. Any liability to repay bonded debt shall stand extinguished.

4. The property of the bonded labour shall stand freed and discharged from mortgage,

charge, lien or other encumbrances and shall be restored to the possession of the bonded

labour.

5. For the compliance of the provisions of the act, it makes provision for the constitution of

vigilance committee in each district and each Sub District.

The Bonded Labour System (Abolition) Act, 1976 Constitutional and Legal Provisions Under Article 23. 

Article 39

Article 35 (a) (ii) 

the bonded labour System Abolition ordinance 1975 was promulgated by the president in 1975.

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

Article 43. A living wage, etc. for workers - The State shall endeavour to secure, by

suitable legislation or economic organization or in any other way, to all workers, agricultural,

industrial or otherwise, work and living wage, conditions of work ensuring a decent standard of

life and full enjoyment of leisure and social and cultural opportunities a

The Bonded Labour System (Abolition) Act, 1976 --    Constitutional and legal provisions. Public Union for Civil liberties V. state of Tamil Nadu

Sannasomannavara Somashekarappa V. Gorappa Rudraswamy: Cattle grazing case, 

no creditor-debtor relationship between the parents at the employer

2. It was child labour not bonded labour system

3. parents of the children were not compelled obliged to send children

4. The requirement of section 2 (g) was not fulfilled.

The Bonded Labour System (Abolition) Act, 1976 --    Liability to repay bonded debt to stand extinguished. • Liability to repay the bonded debt to stand extinguished.—

• All bonded debts are deemed to be extinguished

• No suit shall be filed for recovery of bonded debt

• Decree or order deemed to be fully satisfied

• Attachment and recovery stand vacated

• Property should be restored

• Application if the property is not restored

• Sale of the attached property before the Act will not get affected

• Pending suit shall stand dismissed

• Property of bonded labourer to be freed from mortgage, etc.—

• Freed bonded labourer not to be evicted from homestead, etc.—

• Creditor not to accept payment against extinguished debt.—

The Bonded Labour System (Abolition) Act, 1976 --    Property of bonded labour to be freed from Mortagage.

All property vested in a bonded labourer who was, immediately before the commencement of this Act under any mortgage, charge, lien or other incumbrances in connection with any bonded debt shall stand freed and discharged from such mortgage, charge, lien or other incumbrances, and where any such property was, immediately before the commencement of this Act, in the possession of the mortgagee or the holder of the charge, lien or incumbrance, such property shall on such commencement, be restored to the possession of the bonded labourer.


2. If any delay is made in restoring any property, to the possession of the bonded labourer, such labourer shall be entitled, to recover from the mortgagee or holder of the lien, charge or incumbrance, such mesne profits as may be determined by the civil court of the lowest pecuniary jurisdiction within the local limits of whose jurisdiction such property is situated.

The Bonded Labour System (Abolition) Act, 1976 -    Forced bonded labour  not to be evicted from homestead.

1. No person who has been freed and discharged under this Act from any obligation to render any bonded labour, shall be evicted from any homestead or other residential premises which he was occupying immediately before the commencement of this Act as part of the consideration for the bonded labour.

2. If, after the commencement of this Act, any such person is evicted by the creditor from any homestead or other residential premises, the Executive Magistrate in charge of the Sub-Division within which such homestead or residential premises is situated shall, as early as practicable, restore the bonded labourer to the possession of such homestead or other residential premises.

The Bonded Labour System (Abolition) Act, 1976 ---    Authorities for implementing the provisions of the Act.

Sec10: The State Government may confer such powers and impose such duties on a District Magistrate to ensure that the provisions of this Act are properly carried out and the District Magistrate may specify the officer, subordinate to him, who shall exercise all or any of the powers, and perform all or any of the duties, so conferred or imposed a

The Bonded Labour System (Abolition) Act, 1976 --    Authorities for implementing the provisions of the Act.

  • Duty of District Magistrate and other officers to ensure credit. Sec 11
  • Duty of District Magistrate and officers authorised by him.Sec12

BADHUA MUKTI MORCHA V. UNION OF INDIA,

The Public Interest Litigation was filed before the Supreme Court under Article 32 of The

Constitution of India to issue appropriate directions for the prohibition of Bonded Labour. 

Jai Singh v. State of Punjab

Where family members of petitioners were made to work in obligation of loan advanced, it was held that it is a clear violation of mandate given under Article 23 of the Constitution and Bonded Labour System (Abolition) Act, 1976. Hence, District Magistrate was directed to take immediate action under Section 12 of the Act,

Neeraja Choudhary V. State of Madya Pradesh

It was alleged by the petitioner that in spite of the fact that a long time has elapsed, quite a

 number of labourers rescued from Faridabad quarries have not been rehabilitated. Article 21 right to life

The Bonded Labour System (Abolition) Act, 1976

  • Clauses (e)  and (f) of Article 39 and Articles 41 and 42 , Article 21
  • Punishment for enforcement of bonded labour., Trial
  • Punishment for advancement of bonded debt.
  • Punishment for extracting bonded labour under the bonded labour system.—
  • Abetment to be an offence.
  • Offences to be tried by Executive Magistrates.
  • Jurisdiction of civil courts barred.
  • Recommendations of the Second National Commission on Labour
  • Bonded Labour System (Abolition) Act, 1976 is not a labour law but only welfare legislation.

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