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SUPREME COURT OF INDIA
BHAGWATI AND AMARENDRA NATH SEN, JJ.
Neeraja Choudhary, Petitioner
Versus
State of M.P., Respondent.
Writ Petn. (Cri.) No. 1263 of 1982
Decided on 8-5-1984.
(2) Constitution of India-Arts. 21 and 23-Direct Principles-how can be carried out.
It is not enough merely to identify and release bonded labourers but it is equally, perhaps more, important that after identification and release, they must be rehabilitated, because without rehabilitation, they would be driven by poverty, helplessness and despair into serfdom once again. Poverty and destitution are almost perennial features of Indian rural life for large numbers of unfortunate ill-starred humans in this country and it would be nothing short of cruelty and heartlessness to identify and release bonded labourers merely to throw them at the mercy of the existing social and economic system which denies to them even the basic necessities of life such as food, shelter and clothing.
It is imperative th1t neither the Government nor the Court should be content with merely securing identification and release of bonded labourers but every effort must be made by them to see that the freed bonded labourers are properly and suitably rehabilitated after identification and release. [para 1
It is the plainest requirement of Articles 21 and 23 of the Constitution that bonded labourers must be identified and released and on release, they must be suitably rehabilitated. The Bonded Labour System (Abolition) Act, 1976 has been enacted pursuant to the Directive Principles of State Policy with a view to ensuring basic human dignity to the bonded labourers and any failure of action on the part of the State Government in implementing the provisions of this legislation would be the clearest violation of Article 21 apart from Article 23 of the Constitution. [Para 5
(3) Bonded Labour System (Abolition) Act, 1976-8. 4-a person alleged to be a bonded labourer-presumption.
Whenever it is shown that a labourer is 'made to provide forced labour' the Court would raise a presumption that he is required to do so in consideration of an advance or other economic consideration received by him and he is therefore a bonded labourer. This presumption may be rebutted by the employer and also by the State Government if it so chooses, but unless and until satisfactory material is produced for rebutting this presumption, the Court must proceed on the basis that the labourer is a bonded labourer entitled to the benefit of the provisions of the Act. AIR 1984 SC 802 followed. [ Para 3
(4) Bonded Labour System (Abolition) Act, 1976-S. 13-constitution of vigilance committee-members of social action groups operating at grass root levels-officials and legislator even with best intention cannot be of much use.
Commissioners and Collectors have multifarious duties to attend and even if they are anxious to help in eradication of the vice of bonded labour system, which we are sure, they are, they would not find time to make any personal inquiry or investigation but they would have to rely on their subordinate officers such as tehsildars and patwaris and in many places, the patwaris and tehsildars being either in sympathy with the exploiting class or lacking in social commitment Of indifferent to the misery and suffering of the poor and the down-trodden, the task of identification, release and rehabilitation of bonded labourer through the official machinery would be very difficult of achievement. So also the members of the Legislative Assembly, though extremely sincere and well meaning and having the welfare of the poor at heart would, barring perhaps in a few cases hardly have time to carry out any inquiry or investigation for the purpose of identification and release of bonded labourers. The panchayats also, dominated as they sometimes are, by vested interests, and having regard to their mode of functioning, may not be very effective in this task. What is really necessary is to involve social action groups operating at the grass root level in the task of identification and release of bonded labourers. [Para 4
We have fortunately in our country quite a large number of socially committed officers who, inspired by idealism with their enthusiasm undiminished minds untrammelled and hearts unpolluted by all kinds of pressures, are prepared to brave opposition and some times even danger, in orders to help the deprived and vulnerable sections of the community. Such officers must be encouraged and their efforts appreciated so that they may become exemplary models for other officers to follow. [Para 6
(5) Bonded Labour System (Abolition) Act, 1976-S. 1-object of the Act -passing of the Act is not sufficient-steps to implement its provisions essential.
It has to be appreciated that mere passing of welfare legislation for the upliftment of the down-trodden, the meek and weak is by itself not sufficient, though undoubtedly the legislation is the first step in the right direction. What is really important is that every law enacted, particularly welfare legislation for the benefit of the weaker section of the people' must be implemented in the proper spirit for achieving the noble object for which such legislation is passed. Implementing the law has, necessarily to be effected through human agencies. Unfortunately, frailties of human nature and degeneration of human character often add to existing problem instead of solving it. [Par 10
Freedom from bondage without effective rehabilitation after such freedom will indeed be of no consequence and in the absence of proper arrangement for such rehabilitation being made, the entire purpose of the Act will be frustrated and the vice of the bonded labour system which the legislature thought it fit to abolish in the larger interest not only of our country, but also of humanity as a whole will continue to perpetuate its evil existence. [Para 11
JUDGMENT
BHAGWATI, J. :— This is yet another case which illustrates forcibly what we have said on many an occasion that, it is not enough merely to identify and release bonded labourers but it is equally, perhaps more, important that after identification and release, they must be rehabilitated, because without rehabilitation, they would be driven by poverty, helplessness and despair into serfdom once again. Poverty and destitution are almost perennial. features of Indian rural life for large numbers of unfortunate ill-starred humans in this country and it would be nothing short of cruelty and heartlessness to identify and release bonded labourers merely to throw them at the mercy of the existing social and economic system which denies to them even the basic necessities of life such as food, shelter and clothing. It is obvious that poverty is a curse inflicted on large masses of people by our malfunctioning socio-economic structure and it has the disastrous effect of corroding the soul and sapping the moral fibre of a human being by robbing him of all basic human dignity and destroying in him the higher values and the finer susceptibilities which go to make up this wonderful creation of God upon earth, namely, man. It does not mean mere inability to buy the basic necessities, of life but it goes much deeper, it deprives a man of all opportunities of education and advancement and increases a thousand fold" his vulnerability to misfortunes which come to him all too often and which he is not able to withstand on account of lack of social and material resources. We, who have not experienced poverty and hunger, want and destitution, talk platitudinously of freedom and liberty but these words have no meaning for a person who has not even a square meal per day, hardly a roof over his head and scarcely one piece of cloth to cover his shame. What use are identification and release to bonded labourers if after attaining their so-called freedom from bondage to a master they are consigned to a life of another bondage, namely, bondage to hunger and starvation where they have nothing to hope for - not even anything to die for - and they do not know whether they will be able to secure even a morsel of food to fill the hungry stomachs of their starving children, What would they prize more : freedom and liberty with hunger and destitution starring them, in the face or some food to satisfy their hunger and the hunger of their near and dear ones. even at the cost of freedom and liberty. The answer is obvious. It is therefore imperative that neither the Government nor the Court should be content with merely securing identification and release of bonded labourers but every effort must be made by them to see that the freed bonded labourers are properly and suitably rehabilitated after identification and release.
2. This issue of rehabilitation of freed bonded labourers arises squarely in the present writ petition. The writ petition is based upon a letter dated 20th September, 1982 addressed to one of the Judges! of this Court by the petitioner who is Civil Rights Correspondent of Statesman a leading newspaper in the country. This letter was directed to be treated as a writ petition but for the sake of completeness, before notice, was issued to the respondent, Mr. Govind Mukhoty learned advocate who was good enough to accede to the request of the Court to appear on behalf of the petitioner, filed a regular writ petition in substitution of this letter and it is that writ petition which is now being disposed of by us. The petitioner averred in the writ petition that about 135 bonded labourers who were working the stone quarries in Faridabad had been released from bondage by an order made by this Court in the first week of March, 1982 since they were found to be bonded labourers within the meaning of the Bonded Labour System (Abolition) Act, 1976 and on release, they had been brought back to their respective villages in Bilaspur District of the State of
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