Critical Analysis on Bonded Labour System Analysis Act, 1976

Critical Analysis on Bonded fag out dodging (abolition) act, 1976 SALIENT FEATURES OF THE BONDED LABOUR SYSTEM (ABOLITION) ACT, 1976 This operate provides for the abolition of the system of bonded outwear. It freed cardinal-sidedly in all the bonded promoteers from bondage with simultaneous liquidation of their debts. The Act does away with both obligation of a bonded labourer to repay whatever bonded debt it alike dispenses with the incoming liability of repaying a bonded debt.The law provides that (a) no suit or different proceedings shall be instituted in whatever Civil salute for the convalescence of either bonded debt (b) every attachment made sooner the fount of the Act for the convalescence of whatever bonded debt shall stand vacated and (c) much(prenominal)(prenominal)(prenominal) movable property shall be restored to the bonded labourer. The district and sub-divisional magistrates befuddle been entrusted with certain duties/responsibilities towards centeruation of statutory provisions.Under Section-13 of the Act, Vigilance Committees atomic issue forth 18 undeniable to be constituted at the district and sub-divisional level for implementation of the provisions of the law. They ar composite bodies with representatives from different cross sections of the society and have a life of 2 years. Registers containing the names and addresses of all freed bonded labourers, their vacation, occupation and income, expatiate of the benefits received atomic number 18 required to be maintained under the Bonded fight System (Abolition) Rules. The Act provides for imprisonment up to 3 years and mulct up to Rs. 2000/- to whoever compels any person to render any bonded labour and whoever advances any bonded debt. An offensive activity detailed surveys in their commonwealths. The same information was submitted to the Supreme Court by the domain governing bodys in the form of affidavits in 1997. ?One ILO acoustic projection that is to say Prevention of Family liability with Micro Finance evasion and relate Services is being implemented in trinity States, namely Andhra Pradesh, Tamil Nadu and Karnataka.The objective of the project is to get down existing micro finance institutions to develop, establish and offer savings and give products, particularly tailor-made for vulnerable families at the risk of getting into debt traps. The found focus of the project is on preventing borderline families from falling into debt bondage and also to ensure sustainable renewal of freed bonded labourers. ground on its experience, a deterrent example could be considered for replication or cover in other parts of the Country. Liability to repay bonded debt to stand extinguished.On the commencement of this Act, every obligation of a bonded labourer to repay any bonded debt, or much(prenominal) part of any bonded debt as remains unsatisfied at once before such commencement, shall be deemed to have been extinguished. After the commencement of this Act, no suit or other proceeding shall lie in any civil court or before any other potential for the recovery of any bonded debt or any part thereof. Every enactment or order for the recovery of bonded debt, passed before the commencement of this Act and not fully satisfied before such commencement, shall be deemed, on such commencement, to have been fully satisfied.Every attachment made before the commencement of this Act, for the recovery of any bonded debt, shall, on such commencement, stand vacated and, where, in pursuance of such attachment, any movable property of the bonded labourer was seized and removed from his custody and unbroken in the custody of any court or other allowance pending sale thereof, such movable property shall be restored, as soon as whitethorn be practicable after such commencement, to the possession of the bonded labourer. Property of bonded labourer to be freed from mortgage, etc.All property vested in a bonded laboure r which was, immediately before the commencement of this Act under any mortgage, deplumate, spleen or other encumbrances in connection with any bonded debt shall, in so far as it is relatable to the bonded debt, stand freed and discharged from such mortgage, charge, irascibility or other encumbrances, and where any such property was, immediately before the commencement of this Act, in the possession of the mortgagee or the holder of the charge, lien or encumbrance, such property shall (except where it was subject to any other charge), on such commencement, be restored to the possession of the bonded labourer.If any delay is made in restoring any property, referred to in sub-section (1), to the possession of the bonded labourer, such labourer shall be entitled, on and from the date of such commencement, to recover from the mortgagee or holder of the lien, charge or encumbrance, such mesne profits as may be determine by the civil court of the lowest pecuniary jurisdiction at hear t the local limits of whose jurisdiction such property is situated. Authorities who may be specified for implementing the provisions of this Act. The State Government may confer such powers and impose such duties on a District Magistrate as may be necessary to ensure that the provisions of this Act are correctly carried out and the District Magistrate may specify the officer, subordinate to him, who shall exercise all or any of the powers, and perform all or any of the duties, so conferred or imposed and the local limits within which such powers or duties shall be carried out by the officer so specified.Vigilance Committees. Every State Government shall, by notification in the Official Gazette, constitute such number of Vigilance Committees in each district and each Sub-Division as it may think fit.Each Vigilance Committee, constituted for a district, shall consist of the following members, namely &8212 (a) the District Magistrate, or a person put forward by him, who shall be the Chairman (b) three persons belonging to the Scheduled Castes or Scheduled Tribes and residing in the district, to be nominated by the District Magistrate (c) two social workers, occupier in the district, to be nominated by the District Magistrate (d) not much than three persons to represent the official or non-official agencies in the district committed with rural victimisation, to be nominated by the State Government (e) one person to represent the financial and credit institutions in the district, to be nominated by the District Magistrate. Act to have overriding effect. The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any enactment other than this Act, or in any instrument having effect by virtue of any enactment other than this Act. Agreement, custom, etc. , to be void. On the commencement of this Act, any custom or tradition or any contract, agreement or other instrument (whether entered into or punish before or after the commencement of this Act), by virtue of which any person, or any member of the family or dependant of such person, is required to do any work or render any assist as a bonded labourer, shall be void and inoperative. CONSTRAINTS Bonded restriction System is a dynamic problem it foundation occur and reoccur at any menstruation of time in any industry or occupation. Once the bonded labourers are identified and released, in case they are not immediately rehabilitated, they turn even worse off as compared to the situation when they were bonded and were at least(prenominal) able to survive by getting two square meals. inappropriate to the traditional perception that bonded labour is confined to the agricultural sector alone, it can also occur and reoccur in any form of economic use such as, agriculture, brick-kiln, stone quarries, carpet weaving, pisciculture, etc. , CONSTITUTIONAL AND LEGAL pabulum The Constitution of India guarantees to all its citizens- justice, social, economic and political, freedom of thought, expression, belief, faith and worship, equity of billet and opportunity and fraternity, dignity of individual and unity of the Nation. Under Article 23 of the ConstitutionTraffic in human beings and beggar and other similar forms of forced labour are prohibited and any contravention of this provision shall be an offence punishable in accordance with law. Bonded poke System (Abolition) Ordinance was promulgated. Which was by and by on replaced by the Bonded Labour System (Abolition) Act, 1976. CENTRALLY SPONSORED PLAN organization FOR REHABILITATION OF BONDED LABOURIn order to assist the State Governments in their task of rehabilitation of released bonded labourers, the Ministry of Labour launched a Centrally Sponsored Scheme since May, 1978 for rehabilitation of bonded labourers. Under this Scheme rehabilitation assistance of Rs. 20,000/- per freed bonded labour is provided, which is shared by the Central and State Governments on 50 50 basis in the case of the sevensome North Eastern States, 100% central assistance if they express their unfitness to provide their share. The Scheme also provide for financing of the following activities. Rs. 2. 00 hundred thousand per sensitive district can be provided to concerned state politics to conduct survey for identification of bonded labour once in three years. Central assistance of Rs. 10. 00 lakhs every year can be okay to every tate organization to undertake awareness generation activities relating to bonded labour system. Rs. 5. 00 lakh per year can be sanctioned to every state government to study impact of existing land-debt related issues affecting bonded labourers and the impact of pauperization alleviation programmes and financial assistance provided by various Government sources so far. Besides above the States Governments have also been advised to integrate/ fit the Centrally Sponsored Scheme for rehabilitation of bonded labour with other ongoing pau perisation alleviation schemes such as Swaran Jayanti Gram Swa Rojgar Yojana (SJGSRY), Special Component political platform for Supreme Court, Tribal Sub-Plan etc.Accordingly, the rehabilitation package provided by the concerned express Governments for the freed bonded labourers includes the following major components (i) Allotment of house-site and agricultural land (ii) Land development (iii) Provision of low cost dwelling units (iv) Animal husbandry, dairy, poultry, piggery etc. (v) Training for acquiring new skills developing existing skills (vi) Wage employment, enforcement of minimal wages etc. (vii) Collection and processing of minor forest products (viii) sum up of essential commodities under targeted public distribution system (ix) Education for children and (x) security measure of civil rights.INTERNATIONAL LABOUR ORGANISATION AND FORCED/ BONDED LABOUR There are two ILO Conventions, Convention No. 29 concerning Forced or needed labour (1930) and Convention No. 105 concerning Abolition of Forced Labour (1957). Government of India has ratified both the Conventions. Before the 89th Session of the International Labour Conference (June 2001) the Director General of ILO submitted a global report on Stopping Forced Labour. This report contained references regarding incidences of bonded labour in India on the basis of survey conducted by the Gandhi quiet Foundation and field Labour Institute and also the estimates of some other NGOs.The Gandhi Peace Foundation and the National Labour Institute conducted a survey in 1978-79, which had estimated the number of bonded labour as 2. 6 million. This survey was based on a ergodic sample drawn from a aggregate of 4,50,199 villages in the ten selected States. Finally, super C villages from out of the 4,50,000 villages were selected. Every 450th villages in the census list of villages of each State starting with a random number was selected for the survey. The findings of the survey in see of the above 1000 villages were multiplied by 450 to find out the total number of bonded labourers in ten States. Since the methodology adopted by the Gandhi Peace Foundation was not scientific the Government have not reliable their estimates.The need for having authentic data on number of bonded labourers in India was emphasized. It was urged that countywide and authoritative survey might be conducted in this regard. From the Government side, it was express that the Government has strong will and intent to abolish and totally ostracise the bonded labour system from every nook and corner of the country. It was indicated that the Government of Indias estimates of bonded labour, as also reported in the following pages, were based on the information submitted by the concerned State Governments after conducting detailed surveys in their States. The same information was submitted to the Supreme Court by the State Governments in the form of affidavits in 1997. One ILO project namely Prevention of Family Indebtedness with Micro Finance Scheme and Related Services is being implemented in three States, namely Andhra Pradesh, Tamil Nadu and Karnataka. The objective of the project is to induce existing micro finance institutions to develop, test and offer savings and loan products, particularly tailor-made for vulnerable families at the risk of getting into debt traps. The prime focus of the project is on preventing marginal families from falling into debt bondage and also to ensure sustainable rehabilitation of freed bonded labourers. Based on its experience, a model could be considered for replication orapplication in other parts of the Country.