“The identification of bonded labour is more important than release. The system of identification has to be more transparent” emphasises Sri AK GARG, Registrar Law, National Human Rights Commission, in an interview given to Ruchi Gupta, of Labour File.

The 1976 Act abolishes bonded labour in the country. However, bonded labour in India continues in great numbers. What is the main reason for this?

Under Section 10 of the Bonded Labour System Abolition (BLSA) Act, the duty of identification, release and rehabilitation is that of the District Magistrate (DM). Our experience has been that most DMs are not conversant with the provisions of the Act. They need to be sensitised.
Under Section 13 of the BLSA Act, Vigilance Committees are required to be constituted in every district. In many districts, Vigilance Committees have not been constituted. Wherever they have been constituted, they are not functioning properly and records are not being maintained, as required under Rule 7 of the BLSA Act.

Apart from traditional forms of bondage, new forms of bondage are being seen in the country. Is the National Human Rights Commission (NHRC) aware of these changing forms? Do you think these are being addressed adequately?

It is true that new forms of bondage are emerging. ‘Bonded Labour System’ is defined in Section 2G of the Act. The most important aspect of the definition is that wherever a labourer receives nominal wages, it should be considered bonded labour. The Supreme Court has also held in several cases that wherever a labourer receives less than minimum wages, a presumption should be raised that he is bonded labour. This is the modern form of bondage—labour that does not receive minimum wages. In the light of this, NHRC has observed in many decisions that district authorities should insist that employers maintain records under section 18 of the Minimum Wages Act. The employers claim that they pay the labourers more than nominal wages whereas the labourers maintain the contrary. Such a question can be decided only if there is documentary evidence such as is provided by the maintenance of registers and the issuance of receipts for payments.

What sorts of cases of bonded labour come to you? Who brings it to your notice?

Complaints of bonded labour are mostly received from labourers in brick kilns. The complaints are made either by the labourers themselves or by NGOs on their behalf.

Does NHRC take up cases on bonded labour suo moto?

Of course! NHRC sometimes takes suo moto cognisance of media reports relating to bonded labour. The Commission organises symposiums on bonded labour, in which the aggrieved persons are also present, along with NGOs and officials from the Ministries.

In 1997, NHRC was given a pivotal role in monitoring the implementation of the BLSA Act 1976 and in ensuring that the central and state governments follow the directives of the Supreme Court of India. What systems are in place to execute this responsibility?

Based on the decision of the Supreme Court, NHRC was asked to monitor the implementation of the Act. The Supreme Court itself had given some ideas in the judgment regarding the direction of monitoring.

First was the constitution of Vigilance Committees and second was the periodical survey. Under the centrally sponsored scheme, an amount of Rs 2 lakhs has been allocated to every district for conducting a survey every two years. NHRC was to monitor whether Vigilance Committees have been constituted in every district and whether bi-annual surveys are being undertaken in all districts. In most districts, however, Vigilance Committees have not been formed and periodical surveys have not been conducted.

Recently, a questionnaire was circulated to all the states seeking information about the status of bonded labour. Some states have not responded so far and some states have responded but the replies received are evasive.

Brick kiln owners are required to maintain records. A set of guidelines for the authorities to eradicate is being framed.

NHRC has also formed various teams to conduct surprise checks. The Commission has identified 28 most backward districts to assess the flagship programmes of the central and state governments. The presence and working of anganwadis, Mahatma Gandhi National Rural Employment Guarantee Scheme, fair price shops, National Rural Health Mission and educational institutions are assessed not only from a human rights perspective but also to see if the benefits are reaching the poorest of the poor. Awareness of such programmes need to reach people. Once the economic conditions of the districts improve, it will help ward off bondage.

What factors, do you think, have been the major impediments in the execution of this responsibility? What are your suggestions to overcome these problems?

Dms are given the responsibility for identification, release and rehabilitation of bonded labour. But the DM is busy and the issue of bonded labour is of very low priority. Some authority to deal exclusively with this problem should be appointed. The maintenance of various records under section 18 of Minimum Wages Act and Section 23 of the Inter State Migrant Workmen Act should be insisted upon.

Bonded labour is engaged through contractors, in most cases. The contractor takes an advance from the employer but does not pass it to the labour. Consequently, the labour receives a reduced amount. However, no case against a contractor has been raised so far.

There has been no compliance with the Minimum Wages Act and the Inter State Migrant Workmen Act. The delay in rehabilitation is another challenge. There is always a gap of at least two years between relief and rehabilitation.

Can you tell us about two major cases that are defining moments in the NHRC’s work on bonded labour?

Case No 679/1/2005-2006/FC, dated 13. 2. 2006, between Mantri Shyam Prasad and State of Andhra Pradesh represented by its Chief Secretary and the District Collector, Krishna District. The complainant stated that the quarries on National Highway 9 have engaged more than 20,000 labourers, who are paid a meagre amount of money as wages and have no freedom.

In the last 2–3 months, cases have been registered under the SC/ST Atrocities Act along with the BLSA Act. In Chandauli, Uttar Pradesh, the NHRC team made surprise visits to brick kilns. Bonded labourers were found; and the DM accompanying the team was quick to issue release certificates. Action was taken against the employer under the BLSA Act, Child Labour Prohibition Act and the SC/ST Atrocities Act.

NHRC has suggested amendments to the BLSA Act. Why? What are the suggested changes?

Some amendments are under consideration by the Commission. We are still gathering inputs from several agencies and are likely to finalise the suggestions soon. At present, there are only four rules, and these are quite inadequate. The Director of the Ministry of Labour will be giving a note on that.

Do you think that punitive action against violators should be more severe if justice is to be done on the issue of bondage?

Yes. Punitive action should be made part of the procedure also. The filing of challans and charge sheets is not adequate. Proper prosecution is important. Charge sheets are made, but there are no prosecutions. There is no doubt that punitive action should be more stringent.

Do you think the procedures for release should be more aggressive and transparent?

The identification of bonded labour is more important than release. The system of identification has to be more transparent. Once bonded labour has been identified, release certificates are issued immediately. Release is a matter of issuing certificates. The authorities, however, have to be told what bonded labour means. Inquiries should be made by the DM himself, or a person delegated this responsibility. In most cases, even SDMs are not familiar with how to identify bonded labour. DMs have been seen asking the police to do the identification; however, the police have no role here.

What, according to you, would be an ideal rehabilitation package that will ensure that those released do not fall back to bondage?

The rehabilitation process is very unsatistactory. It takes two years. The centrally sponsored scheme provides an amount of Rs 20,000 to be given for rehabilitation. What is this amount these days? How can a labourer be rehabilitated? According to the scheme, a land-based or skill-based rehabilitation package is to be given. Again, that is not done. No training or finances have been provided to set up cottage industries.

With land becoming scarce, emphasis is laid on a skill-based package. Various schemes of the government such as the Indira Awas Yojana and National Rural Health Mission can be made use of for the allocation of houses and health facilities. For livelihood means, it is important to first know what skill she/he (the beneficiary) possesses or what her/his interests are. A proposal has to be prepared according to the skill she/he possesses. If she/he is not skilled yet shows interest in a vocation, training should be imparted in that vocation so as to make her/him at least minimally skilled. If a package is prepared, considering the skill and interest of the bonded labourer, it will go a long way in their rehabilitation.

Section 13 on the constitution of Vigilance Committee is very important. If the members are chosen from the categories listed (Scheduled Caste, Scheduled Tribe residing in the district, social workers, members representing rural development and financial/credit institutions) in the Section, this will bring transparency and they will take interest in identification and rehabilitation. Benefits of various schemes can be made available through a representative of the rural development agency. Similarly, linkages with financial institutions for seeking loans and opening accounts can be facilitated with the representative of the district financial institution.

What plans do you have for the immediate future?

NHRC needs the co-operation of the district, state and central governments. Visits to states to sensitise the concerned officers, disposal of cases and giving relief to bonded labourers are our plans. Inculcating, in the authorities, a spirit and sense of empathy for weaker sections is a prime focus.