Why in News?

The Orissa High Court (HC) has affirmed the verdict of guilt for six contractors who were convicted of kidnapping two laborers, compelling them to toil as bonded labourers for an extended period, and ultimately severing their palms at the wrists.

What is the Background of the Case?

• Some of the appellants requested the victims and a few other labourers involved in this case to travel to Raipur for employment at a brick-kiln, where they were promised the opportunity to earn Rs. 20,000/- per month.
  • Enticed by such an offer, the innocent victims and others followed the appellants to Raipur.
• The appellants desired the victims to join them in Hyderabad for the mentioned job, detecting something suspicious, the victims, along with others, rejected the proposition.
  • On refusal, the appellants turned aggressive and issued threats of killing the victims unless they complied with their commands.
  • Out of fear, both the victims and the other labourers boarded the train to Hyderabad, while en route, nearly all the labourers managed to escape from the control of the appellants, except for the two victims.
• The appellants compelled the victims to board off the train and after moving them from one location to another, they were confined in the residence of one of the accused individuals where three of the appellants physically assaulted both victims and demanded a payment of two lakh rupees.
• On victims and their family members not being able to arrange the demanded money, the victims were forced to work in the cotton fields as bonded labour.
• The victims were confined in a room and on one night, they were forcibly taken to a forest where they were asked to give their lives or limbs.
• Thereafter, victims were caught hold of by some of the accused persons and two of them chopped the right palms of both the victims from their respective wrists.
• A hotel owner helped them to wrap the wounds and with the aid of villagers they reached the District Headquarter Hospital, Bhawanipatna for treatment.
• The police registered First Information Report (FIR), and the present appellants were charge sheeted.
  • They were convicted for commission of different offences under 307/364A/365/342/370/506/420/323/326/201/34 of the Indian Penal Code, 1860 (IPC) and Section 16/17 of the Bonded Labour System (Abolition) Act, 1976 by the Additional Sessions Judge, Dharamgarh, Orissa.
• Hence, the appellants appealed to the HC.

What were the Court’s Observations?

• The division bench of Justices Bibhu Prasad Routray and Chittaranjan Dash held that, “In the present case, we are in seisin over a matter where the bonded labourers are encountered with an absolute barbaric act in the hands of so called labour contractor who not only fooled the labourers and fraudulently took away the money owed to them but also subjected them to the most monstrous act, before which even death would appear as an alluring option.”
• The conviction of the appellants under Section 364A of IPC was modified to one under Section 367 and their conviction under Sections 323/342/326/307/420/120B and U/s 201/34 IPC were upheld.

What is Bonded Labour?

• About:
  • Bonded labour, also known as debt bondage or peonage, is a form of modern-day slavery in which individuals are compelled to work against their will to repay a debt.
    • Bonded labour typically occurs when a person borrows money or takes an advance payment from an employer, landlord, or moneylender. They become bonded laborers when they are unable to repay the debt.
  • A specific law to prohibit this practice was enacted in 1976 known as the Bonded Labour System (Abolition) Act. It is further supported by following legislations:
    • Contract Labour (Regulation and Abolition) Act, 1970.
    • The Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979.
    • The Minimum Wages Act, 1948.
• Constitutional Provisions:
  • Bonded labour is prohibited in India by law under Articles 21 and 23 of the Constitution of India, 1950 (COI)
    • Article 21: Protection of life and personal liberty — No person shall be deprived of his life or personal liberty except according to procedure established by law.
    • Article 23: Prohibition of traffic in human beings and forced labour —
      • (1) Traffic in human beings and begar and other similar forms of forced labour are prohibited and any contravention of this provision shall be an offence punishable in accordance with law.
      • (2) Nothing in this article shall prevent the State from imposing compulsory service for public purposes, and in imposing such service the State shall not make any discrimination on grounds only of religion, race, caste or class or any of them.
• Related Case Law:
  • Bandhua Mukti Morcha v. Union of India & Ors. (1997), in the present matter The Bandhua Mukti Morcha, an NGO working for the liberation of bonded laborers, filed the case in the Supreme Court of India. The case led to significant legal developments and judgments aimed at eradicating bonded labor and ensuring the welfare and rights of laborers some of which can be enumerated as follows:
    • Identification and Rehabilitation: The court directed the government to identify and rehabilitate bonded labourers across the country. It emphasized the importance of conducting surveys to identify victims of bonded labour.
    • Release and Compensation: Bonded labourers who were identified were to be immediately released from their exploitative situations. The court also ordered the payment of compensation to these individuals.
    • Legal Support: The court emphasized the need for providing legal aid and support to bonded labourers to help them seek justice and regain their freedom.
    • Monitoring Mechanisms: The court recommended the establishment of monitoring committees at various levels to oversee the implementation of these guidelines and ensure that bonded labor was eradicated.
    • Government Accountability: The government was held accountable for enforcing the laws against bonded labor and taking proactive measures to eradicate this form of exploitation.

What are the Provisions of Bonded Labour System (Abolition) Act, 1976 Involved?

• It is an Act enacted to provide for the abolition of the bonded labour system with a view to preventing the economic and physical exploitation of the weaker sections of the people and for matters connected therewith or incidental thereto.
  • The matter at hand pertains to two provisions of the act as described below:
    • Section 16 - Punishment for enforcement of bonded labour — Whoever, after the commencement of this Act, compels any person to render any bonded labour shall be punishable with imprisonment for a term which may extend to three years and also with fine which may extend to two thousand rupees.
    • Section 17 - Punishment for advancement of bonded debt — Whoever advances, after the commencement of this Act, any bonded debt shall be punishable with imprisonment for a term which may extend to three years and also with fine which may extend to two thousand rupees.