Bonded Labour in India

The recent case flagged by the Haryana Human Rights Commission, involving a 14-year-old allegedly held as bonded labour and abandoned after a serious injury, underscores the persistent issue of bonded child labour in India. This incident highlights systemic failures and the urgent need for comprehensive measures to combat such exploitation.

Constitutional and Legal Frameworks Prohibiting Bonded Labour in India

Constitutional Provisions

• Article 21: Guarantees the right to life and personal liberty, encompassing the right to live with dignity.

• Article 23: Explicitly prohibits human trafficking and forced labour, declaring them unconstitutional.

• Article 24: Prohibits the employment of children below 14 years in factories, mines, or hazardous occupations.

• Directive Principles of State Policy:

  • Article 42: Aims to ensure just and humane working conditions.

  • Article 43: Calls for the State to secure a living wage and decent working conditions.

  • Article 46: Promotes the educational and economic interests of Scheduled Castes, Scheduled Tribes, and weaker sections, who are disproportionately affected by bonded labour.

Legislative Framework

• Bonded Labour System (Abolition) Act, 1976: Abolishes bonded labour, frees bonded labourers from obligations, and criminalises such practices.

• Child and Adolescent Labour (Prohibition and Regulation) Act, 1986 (amended 2016): Prohibits children under 14 from working, and restricts adolescents (14–18 years) from hazardous occupations.

• Juvenile Justice (Care and Protection of Children) Act, 2015: Provides for care, protection, rehabilitation, and reintegration of children in need.

• Bharatiya Nyaya Sanhita (BNS), 2023: Addresses the offense of unlawful compulsory labor, providing legal provisions to prevent and punish forced labor practices.

International Legal Obligations

• United Nations Convention on the Rights of the Child (CRC), 1989: Article 32 mandates protection of children from economic exploitation and hazardous work.

• International Labour Organization Conventions:

  • Convention 182 (Worst Forms of Child Labour, 1999) – ratified by India.

Systemic Drivers Behind Bonded Child Labour in India

The mnemonic BONDAGE encapsulates the systemic factors contributing to bonded child labour:

• Bureaucratic Inefficiency: Poor enforcement of laws and regulations makes bonded labor persistent.

• Overwhelming Poverty: Families living in extreme poverty often resort to bonded child labour as a means of survival.

• No Education: Lack of education opportunities forces children into labor instead of schooling.

• Debt Traps: Families often fall into debt, and children work to repay loans with high interest rates.

• Agricultural and Allied Sectors: Large informal sectors like agriculture exploit children for cheap labor.

• Gender Discrimination: Gender inequality exacerbates the exploitation, as girls are often more vulnerable to bonded labor.

• Exploitation by Employers: Employers in unregulated sectors exploit weak laws and poor enforcement, forcing children to work in harsh and exploitative conditions.

Measures Needed to Effectively Curb Bonded Child Labour

The mnemonic RESCUE outlines essential measures to combat bonded child labour:

• Revive Law Enforcement: Strengthen enforcement of the Bonded Labour System (Abolition) Act, 1976, by mandating State Governments to establish Vigilance Committees with legal authority and digital tracking of complaints.

• Educate Children: Ensure access to education for all children, as guaranteed under Article 21A of the Constitution, preventing exploitation and promoting dignity.

• Support Families: Expand welfare schemes like Public Distribution System (PDS) and Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA) to provide financial stability to vulnerable families.

• Create Awareness: Raise awareness about human dignity and the legal prohibitions on child labor and exploitation.

• Unite Communities: Build community awareness by encouraging collective responsibility so exploitation is socially unacceptable and harder to hide.

• Empower NGOs: Collaborate with NGOs to implement the Central Sector Scheme for Rehabilitation of Bonded labourers (2021), focusing on the social and economic reintegration of freed bonded laborers.

Recent Incidents Highlighting Bonded Labour

• Ahilyanagar Police Rescue: In Nashik, three bonded laborers were rescued from cattle rearers. One accused was arrested, and charges were filed under multiple sections of the BNS and the Bonded Labour System (Abolition) Act, 1976.

• Rescue in Madurai: A couple and their 11-year-old son were rescued from bonded labour in Kandangipatti village. The family had moved there after accepting a job offer from a cattle farmer, who promised ₹3.5 lakh for a year's work. A case was filed, and the family was granted ₹30,000 from the bonded labour corpus fund for rehabilitation