On May 1, as the world commemorates International Labour Day to honour the dignity of work and workers’ rights, the stories of millions in India trapped in bonded labour cast a dark shadow.
About Bonded Labour
- Bonded Labour System (Abolition) Act, 1976: It defines bonded labour as forced work by a debtor (or their family) for a creditor due to a loan, social obligation, or hereditary debt, often without wages or for nominal pay, either for a fixed or indefinite period.
- National Commission on Labour: The term ‘bonded labour’ has been defined as “labour which remains in bondage for a specific period for the debt incurred”.
International Labour Day 2025 (May Day)
- Celebrated every year on May 1.
- Origin and Historical Background
- Roots in the 19th-century global labour movement.
- Workers fought for fair wages, safer work conditions, and shorter working hours.
- The first Labour Day parade was held in New York City in 1882 by the Central Labour Union, which became a turning point for global recognition of workers’ rights.
- Labour Day in India
- Known as Kamgar Divas, Kamgar Din, or Antrarashtriya Shramik Divas.
- First celebrated on May 1, 1923, in Chennai under the leadership of Malayapuram Singaravelu Chettiar, a prominent communist leader.
- Chettiar petitioned the government to officially recognise May 1 as a national holiday.
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Scale of the Problem
- Global Slavery Index 2023: Among the G20 nations, India tops the list with 11 million people working as forced labourers, followed by China, Russia, Indonesia, Turkey and the U.S.
- 50 million people are estimated to be living in conditions of modern slavery, marking a 25% rise over the last five years.
- India aims to eliminate bonded labour by 2030, in line with SDG Target 8.7.
- To meet the 2030 target of eradicating bonded labour, around 11 lakh individuals would need to have been rescued annually since 2021.
Types of Bonded Labour in India
- Debt-based Bonded Labour (Debt Bondage): When a person or their family works to repay a loan or advance given by the employer or landlord, often for an indefinite period.
- Caste-based or Customary Bonded Labour: When a person is forced to work because of their caste or social status, irrespective of loans.
- Known systems/customs: Adiyamar, Baramasia, Bhagela, Cherumar, GarruGalu, etc.
- Hereditary Bonded Labour: When bonded status passes from parent to child due to non-repayment of ancestral debts.
- Forced Labour without Debt (Coercion-based Bondage): Labour extracted using physical force, threats, or restrictions on movement, without debt or advance.
- Sexual Exploitation-linked Bondage: Women and children forced into prostitution or sexual work under bonded conditions.
- Child Bonded Labour: Children trapped in bonded situations due to family debts or trafficking.
- Sectors: Brick kilns, carpet weaving, zari work, domestic work, begging rings.
Constitutional Provisions on Bonded Labour
- Fundamental Rights
- Article 21: Right to Life and Personal Liberty
- Ensures the right to live with dignity.
- Any system like bonded labour that deprives a person of dignity violates Article 21.
- Article 23: Prohibition of Traffic in Human Beings and Forced Labour
- Explicitly prohibits Human trafficking, Begar (forced unpaid labour) and Other forms of forced labour, including bonded labour.
- Violation is an offence punishable under law.
- Article 24: Prohibition of Employment of Children in Hazardous Jobs
- Prohibits employment of children below 14 years in factories, mines, or hazardous occupations.
- Important for addressing bonded child labour.
- Directive Principles of State Policy
- Article 39: Directs the state to secure the right to adequate means of livelihood for all citizens.
- Indirectly linked to preventing economic compulsion that leads to bonded labour.
- Article 42: Ensures just and humane conditions of work and maternity relief.
- Calls on the state to create labour conditions that rule out exploitative practices.
- Article 43: Directs the state to secure Living wage, Decent standard of life and Social and cultural opportunities for workers.
- Article 46: Promotes educational and economic interests of Scheduled Castes (SCs), Scheduled Tribes (STs), and other weaker sections.
- Helps address the social roots of bonded labour among marginalized groups.
Causes of Bonded Labour in India
- Economic Causes
- Poverty: Millions of bonded labourers in South Asia, including India, come from the poorest sections.
- Scheduled Castes, Scheduled Tribes, religious minorities, and migrants.
- Indebtedness: Debt typically starts with small loans or salary advances for medical bills, weddings, or religious ceremonies, which spiral into larger debts and lifelong bondage .
- Advances taken from landlords or labour contractors bind the entire family over time.
- Unemployment and underemployment: Lack of local employment pushes workers into exploitative arrangements, especially in rural areas like brick kilns, stone quarries, and mining .
- ILO India Employment Report 2024 states approximately 90 percent of workers are informally employed with no social security.
- Lack of access to formal credit: The interlinking of credit and labour markets forces the poor to rely on informal creditors, worsening over-indebtedness and exploitation .
- Social Causes
- Caste system and social hierarchy: Bonded labour is concentrated among lower castes and marginalized groups, historically compelled into forced work (e.g., Dalits and Adivasis in agriculture, stone quarries) .
- 80% of rescued bonded labourers are SC/STs
- Customary obligations and social traditions: Customs like Adiyamar, Jeetha, Kamiya, etc., enforce hereditary bondage, often passed across generations .
- Illiteracy and lack of awareness: Poor awareness about minimum wages, labour rights, and abolition laws (1976 Act) allows employers to exploit workers .
- Systemic and Structural Causes
- Ineffective implementation of laws: Despite the Bonded Labour System (Abolition) Act, 1976, highlight poor ground-level implementation and lack of proactive state action .
- Only 12,760 bonded labourers were rescued (2016–2021) out of an estimated 1.84 crore.
- Corruption and lack of accountability: NHRC reports suggest that local enforcement authorities often neglect or cover up cases; vigilance committees are weak or nonfunctional.
- Migration and lack of social protection: Migrant workers are highly vulnerable, often recruited through contractors with deceptive promises, especially in brick kilns and construction sectors .
- Employer-Driven Causes
- Labour shortages and demand for cheap labour: Employers in mining, brick kilns, and agriculture recruit bonded workers to ensure cheap and reliable labour supply .
- Control over land and resources: Landlords provide loans during crises, tying entire families to agricultural work without clear repayment terms .
- Profit maximization: Contractors advance small loans or wage advances to tie workers to exploitative contracts and maximize profit with minimal cost .
- Political and Governance Failures
- Lack of political will: While laws exist, the National Human Rights Commission (NHRC) and ILO have repeatedly reported poor identification, weak rehabilitation efforts, and slow fund disbursement .
- Absence of effective rehabilitation schemes: Although the Central Sector Scheme offers ₹1- 3 lakh for rehabilitation, many victims fail to get timely support due to administrative gaps .
- Special Vulnerabilities
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- Children and women: Children are often trafficked or forced into bonded work; women and transgenders face extreme deprivation, sometimes linked to sexual exploitation (e.g., brothels, massage parlours) .
- Marginalized communities: Bonded labour systems like ‘Kamaiya’ in Nepal and similar systems in India disproportionately affect Adivasis, Dalits, and minorities .
Link Between Bonded Labour and the Informal Sector
- Dominance of Bonded Labour in Informal Workspaces: Bonded labour overwhelmingly exists in the informal, unorganised sector where labour relations are undocumented and unregulated.
- India’s total employment is approximately 47 crore, with 8 crore in the organised sector and 39 crore in the unorganised sector, as per a National Sample Survey Organization report.
- Lack of Legal Contracts and Social Protection: Informal workers generally have no written contracts, no job security, no minimum wage protection, and no social benefits.
- According to the NHRC, bonded labourers often work without wages or only for nominal wages below minimum wage levels.
- Prevalence of Migrant and Marginalised Workers: Informal sectors heavily depend on migrant, Dalit, Adivasi, and minority workers, who are particularly vulnerable to bonded labour.
- ILO reports highlight that migrant workers are often recruited through middlemen or contractors, offered wage advances, and then trapped in forced labour systems .
- Interlinking of Labour and Credit Markets: In informal settings, employers and moneylenders are often the same, meaning workers who borrow during crises are forced to repay through their labour.
- According to ILO, lack of formal credit access leads to over-reliance on wage advances, loans, and employer-controlled debt, deepening bondage.
International Perspective on Bonded Labour
- Definition of Bonded Labour in International Law
- The International Labour Organization (ILO) defines bonded labour (debt bondage) as a form of forced labour, where a person is forced to work to repay a loan or advance and loses control over employment conditions, often indefinitely.
- Bonded labour is internationally recognized as a form of modern-day slavery.
- Key ILO Conventions
- ILO Forced Labour Convention, 1930 (No. 29): Calls for the suppression of all forms of forced or compulsory labour.
- ILO Abolition of Forced Labour Convention, 1957 (No. 105): Requires member states to suppress and not make use of any form of forced or compulsory labour.
- ILO Worst Forms of Child Labour Convention, 1999 (No. 182): Recognizes bonded child labour as one of the worst forms of child exploitation and calls for its immediate elimination.
- Sustainable Development Goals (SDGs)
- SDG Target 8.7: “Take immediate and effective measures to eradicate forced labour, end modern slavery and human trafficking, and secure the prohibition and elimination of the worst forms of child labour by 2025.”
- International Best Practices
- The ILO’s PEBLISA (Promoting Effective Bonded Labour Interventions in South Asia) project (2006–2008) implemented in India, Nepal, and Pakistan emphasizes:
- Providing flexible savings, credit access, and insurance.
- Promoting microfinance, asset transfer, and sustainable livelihoods.
- Strengthening legal enforcement and community empowerment .
- International Human Rights Framework
- Universal Declaration of Human Rights (1948), Article 4: Prohibits slavery and servitude.
- International Covenant on Civil and Political Rights (ICCPR), Article 8: Prohibits slavery, the slave trade, and forced labour.
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Government Efforts to Address Bonded Labour in India
- Legislative Framework
- Bonded Labour System (Abolition) Act, 1976: Abolishes the bonded labour system.
- Provides penalties: Up to 3 years imprisonment + ₹2,000 fine for enforcing bonded labour.
- Rehabilitation and Relief Schemes
- Central Sector Scheme for Rehabilitation of Bonded Labourers, 2021: Released bonded labourers receive financial aid of up to ₹3 lakh, complemented by non-monetary support to sustain their livelihoods.
- Link with other welfare schemes (housing, land, education, health, livelihood).
- Institutional Mechanisms
- Vigilance Committees (under the 1976 Act): Set up in every district and sub-division.
- Functions:
- Advise on implementation of the Act.
- Oversee economic and social rehabilitation.
- Coordinate rural banks, cooperatives for credit access.
- Conduct surveys and defend freed bonded labourers.
- Other Laws
- Bharatiya Nyaya Sanhita (BNS), 2023, Sections 143, 143(2) and 374: Punish human trafficking, slavery, and forced labour.
- Minimum Wages Act, 1948: Ensures fair wage to prevent exploitation.
- Contract Labour (Regulation and Abolition) Act, 1970: Regulates employment of contract labour.
- Inter-State Migrant Workmen Act, 1979: Protects migrant workers, who are highly vulnerable to bonded conditions.
- Child and Adolescent Labour (Prohibition and Regulation) Act, 1986: Prohibits bonded child labour.
- SC/ST (Prevention of Atrocities) Act, 1989: Protects marginalized communities, often victims of bonded labour.
Supreme Court Judgments on Bonded Labour
- Bandhua Mukti Morcha v. Union of India (1984): The organization Bandhua Mukti Morcha filed a petition about bonded labourers working in stone quarries in Haryana.
- SC said that forced labour includes any labour for less than minimum wage.
- The right to live with dignity under Article 21 is violated when people are forced into bonded labour.
- Neerja Chaudhary v. State of Madhya Pradesh (1984): The case dealt with the state’s failure to rehabilitate bonded labourers even after their release.
- SC said, It is a constitutional requirement that bonded labourers, once released, must be suitably rehabilitated.
- Failure by the state to implement rehabilitation violates Articles 21 and 23.
- Rehabilitation is not a charity but an obligation.
- People’s Union for Democratic Rights v. Union of India (1982): Concerned with labourers employed for construction during the Asian Games in Delhi.
- Judgment highlighted when a person works for remuneration less than the prescribed minimum wage, it amounts to forced labour under Article 23.
- Even if a worker consents, employment below minimum wage is unconstitutional.
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Ethical Principles Violated in Bonded Labour
- Human Dignity: Every individual has inherent worth and deserves respect, freedom, and autonomy.
- Bonded labour violates dignity by reducing people to instruments of labour, stripping away their choice, voice, and self-respect.
- Justice and Fairness: Justice demands fair treatment, fair wages, and equality before the law.
- Bonded labour traps people in unjust, exploitative conditions, depriving them of wages, opportunities, and access to justice.
- Equality: Ethical governance is built on equal respect for all, irrespective of caste, class, or gender.
- Bonded labour disproportionately affects Dalits, Adivasis, women, children, and migrants, deepening structural inequality.
- Freedom and Autonomy: Freedom to choose one’s work and autonomy over one’s life are fundamental ethical principles.
- Bonded labourers lose this freedom, often confined to work under threat, debt, or custom.
- Compassion and Empathy: Ethical governance and leadership require compassion toward the suffering of vulnerable groups.
- Indifference by employers, society, and sometimes the state reflects a grave failure of empathy.
- Integrity and Responsibility: Employers, government officials, and society have a moral responsibility to protect vulnerable people.
- Collusion, negligence, or corruption in bonded labour cases show a breakdown of integrity.
- Social Responsibility and Common Good: Ethical societies balance individual interests with the collective good.
- Bonded labour violates the common good by perpetuating poverty, exploitation, and social instability.
Way Forward to Eradicate Bonded Labour
- Strengthen Identification and Rescue Mechanisms: Activate and empower district vigilance committees to proactively identify bonded labourers through regular surveys, especially in high-risk sectors like brick kilns, mines, and agriculture.
- Use technology (e.g., digital tracking systems) to monitor rescued workers.
- Ensure Effective Law Enforcement and Accountability: Strictly implement the Bonded Labour System (Abolition) Act, 1976, ensure prosecution of offenders, and fast-track cases in special courts.
- Hold district officials accountable for delays or negligence in addressing bonded labour.
- Improve Rehabilitation and Livelihood Support: Disburse Central Sector Scheme rehabilitation funds (₹1–3 lakh) promptly and ensure access to housing, land, education, healthcare, and skill development.
- Provide employable skill training to rescued workers to prevent return to bondage.
- Expand Access to Institutional Credit and Social Security: Improve access to formal credit, insurance, and microfinance for vulnerable groups, reducing dependence on informal moneylenders.
- Integrate bonded labourers into government social security schemes like PDS, MGNREGA, and health insurance.
- Address Caste and Social Discrimination: Launch targeted social awareness campaigns to break the acceptance of caste-based bonded labour systems (e.g., Holya, Jeetha, Padiyal).
- Empower Dalits, Adivasis, women, and children through education and community organizing.
- Strengthen Interstate Coordination on Migration and Trafficking: Create joint task forces and data-sharing systems between sending and receiving states to track and protect migrant workers.
- Monitor labour contractors and regulate recruitment practices.
- Involve Civil Society and Community Organizations: Partner with NGOs, workers’ unions, and grassroots groups to raise awareness, monitor bonded labour, and support victims.
- Build local leadership and community vigilance to challenge exploitative practices.
Conclusion
Bonded labour remains a stark violation of human dignity and constitutional rights, perpetuating systemic exploitation in India’s informal sector. Eradicating it demands robust enforcement, effective rehabilitation, and addressing socio-economic disparities to ensure freedom and justice for all workers.
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