BANDHUA MUKTI MORCHAversusUNION OF INDIA AND ORS.

                       BANDHUA MUKTI MORCHA
A
                                        v.
                       UNION OF INDIA AND ORS.

                               AUGUST 13, 1991

B         [RANGANATH MISRA, CJ, M.M. PUNCHHI AND
                    S.C. AGRAWAL, JJ.]

          Bonded Labour system-Creation, operation and effect of.

          Constitution of India, 1950-#<rticles 23( 1), 39(c}, 41, 42-
C   Bonded labour in quarries of Haryana-Governmen(s failure to imple·
    ment the judgment   in (
                         1984) 3 SCC 161-Measures to take indicated.

          Constitution of India, 1950-Article 32-Letter addressed to
    .5upreme Court complaining bonded labour-Treated writ petition.

D         A letter l!cldressed to tb,is Court CQmplaining about prevalence of
    bonded labolll" system in the quarries of Faridabad District in Haryana
    State was trqled as a writ petition under Article 32 of the Constitution.

          Two Advocates were appointed as Commissioners to inquire into           j
    the working COllditions of the stone quarry workers. Later, this Court,
E   finding the 1,1eeessity of an In-depth investigation into social and legal
    aspects of the problem, also appointed two Commissioners-Dr. S.B.
    Patvardhan and Mr, Krbhan M1thaj11n 111 study the working conditions
    prevaJJlng In tb.e various qll!ll'ries witbi1,1 the Faridabad district with
    particular reference to vlo4ttlo1,1 of provisions of the Bonded Labour
    System (Abol,itlon) Act 11f l'l'71i and Inter-State Migrant Workmen
F   (Regulation or El)lployment 4 Conditions of Service) Act.

          The Co!DmlssJoner furlljshed their report on 28th of June, 1982.

         The 3·Judge Bench la~IU'd the matter and in its judgment
    (reported in (1984) 3 sec uti); dealt with various aspects of the pro-
G   blem and takjpg into a<:couut ~ information collected by Advocate·
    Commissioners and the rqJOft made by Dr. Patvardhan.

         The C11urt 41d ,not trqt the writ petition as disposed of by its
    judgment and the appll~.$W'Vived for further monitoring.

H         This Court also appoinlejl Shri ILaxmi Dhar Misra, Joint Secretary

                                       524
                       BANDHUA MUKTI MORCHA v. U.0.l.                       525

      in the Ministry of Labour, Government of India as a Commissioner tci
                                                                                    A
      carry out the assignments stated in the judgment.

            Mr. Laxmidhar Misra, in due course, submitted his report in two
      parts-one dealing with the identification oNhe bonded labour and the
      second covering the inquiry into the implementation of the 21
      directives.                                                                   B

            The petitioner-Morcha, filed a petition for contempt alleging that
      the directions were not being implemented.

             Mr. Mahabir Jain of the Faculty of National Labour Institute was
      appointed to inquire into the measures and report on the degrees to
      which the 21 directives issued by the Court had been implemented and
                                                                                    c
      to present to the Court a clear picture of the issues involved for enabling
      it to make its own assessment and come to a conclusion as to whether the
      directions had been or were being implemented and also as to whether
      action for contempt was appropriate or in the matter of monitoring the
      social problem, some other course was necessary to be adopted, and in         D
      February, 1989, the report was submitted to the Court.

             As the 3-Judge Bench had gone into the philosophy involved in the
      matter in the judgment, what remains for consideration at this stage
      was more or less a clear review of the enforcement of the directives and
      assessment of the outcome for achieving the statutory purpose and the         E
      constitutional goal and for the fulfilment of the hopes and expectations
      of this Court in that regard.

..          The matter was heard for some time on the basis of these reports
      of Mr. Jain and this Court reserved judgment on 10th of July, 1990.
      When the matter was about to be disposed a communication was F
      received by the Court dated 24.1.1991 from the Director General of
      Labour Welfare in the Ministry of Labour that the total number of
      unrehabilitated bonded labourers was 523 nPto 30.U.1990, whereas the
      number to be 3993 according to the petitioner and on 21st February,
      1991, this court directed a Committee to check up the particulars and to
      furnish a report, which was furnished on July 1, 1991, from which it G
.,.   was understood that the total number of identified bonded labour is.
      around 2000 and not 3993.

            The report indicated that the wages, the facility of schooling and
      medical treatment, availability of water, provisions and scope for recre-
      ation are aspects which still require attention. No attention has been        H
    526                    SUPREME COURT REPORTS             [1991) 3 S.C.R.

A   bestowed by the inspecting authority of the labour law enforcers to
    secure improved conditions of working.

          Allowing the petition this Court,

          HELD: 1. For -a loan taken at an exorbitant rate of interest the
B   debtor virtually sells himself to tl1e creditor and gets bonded usually for
    a period of life and renders service for the purpose of satisfying the
    debt. The creditor anxious to exploit the situation ensures that the debt
    is never satisfied and often on the traditional basis of pious obligation
    the liability is inherited by the children of the original debtor. The
    system thus provides a built-in mechanism for continuation of the
    under-privileged section of the society by the privileged few living
c   therein. [537H-538B)                                                          I

          2. The bonded labourers a1·e paid nominal wages and often their
    family members are not permitted to take remunerative jobs elsewhere
    without permission of the master. Normally, such permission is not
D   granted and the impoverished condition is allowed to continue to the
    advantoge of the creditor. [538B-C]
                                                                                  j

          3. Quarries are located in a particular area away from habita·
    tion. On account of necessity for workmen in the area people from
    different parts of the country are made to live therein along with their
E   families under very insanitary and inconvenient conditions. Health care
    of workmen and members of their families and education of the
    children as also the adults in such exclusive locality should be of the
    employer. To require a school to be built in such an area where there
    may not be adequate number of children for the purpose of schooling at
    the expense of the State exchequer may not be appropriate. That apart
F   these institutions should be a part of the trade. In the manner the
    employer has to make provision for water and medical care, it should
    also have the responsibility of providing schooling for the children of
    the workmen. Today emphasis is also being given on adult education. If
    appropriate facility is provided the workmen beyond their working
    hours can also have scope for learning the three R's and this could be
G   through a process of adult education with State support under the
    relevant scheme. [544G-54SB)

          4. The State of Haryana must come forward to play its role in a
    better way. These are quarries located near about the industrial belt of
    Haryana and not far away from Delhi. Dust emanating from the work-
H   ing area in Haryana is bound to affect adversely the Delhi atmosp-
                   BANDHUA MUKT! MORCHA v. U.0.I.                         527

here. If adequate importance is given to the angle of pollution the
                                                                                 A
industry itself has to be regulated or may have to be stopped. [545B-C]

      5. The State of Haryana has not ~en Court's intervention in the
proper spirit and has failed to exercise appropriate control though some
eight years back this Court had in clear terms laid down the guidelines .
and had called upon the public authority to take charge of the situation B
and provide adequate safeguards. [545D-E]

      6. The workmen engaged on full time basis, who are not prepared
to return to their States, are to be provided with a permanent base for
residenc~ at or near the work site. This would necessit;ite reasonable
housing, supply of water, a reasonable provision store at bud, school-
ing facility, facility of a hospital, recreational facilities and attention to   c
the law and order problem. Perhaps near the area a police station or an
outpost could be located. If the workers were insufficient in number, a
doctor could be taken as a visitor to the area at frequent intervals and
instead of a regular school one single teacher could be provided to look
after the hel'llth of the people. [545G-546B]                                    D
      7. Court's judgment .to regulate such matters has inherent limita-
tion. These are not schemes which could be conveniently monitor,ed by a
Court-far less can the apex court keep track of the matter. Its Registry
has congestion. To get attention for a matter of this type from the Court
is bound to take some· time. Human problems in their normal way do               E
not wait for a time schedule for attention. In such circumstances, it
stioutd lie the obligation of the State which on account of running stone
quarries within its area must in various ways be getting benefits to look
after these aspects. As a welfare State it is now the obligation of the
State ofHaryana to cater to these requirements of the area. [546B-D]
                                                                             F
       8. In these circumstances the State of Haryana was called upon to
attend to the needs of the workmen in a well-considered and systematic
way. Since those workmen who will be working there have to be pro-
tected from the vagaries of employment and the anxiety of the employer
to draw work without adequate payments, the authorities of the State of
Haryana must take care to protect the workmen from the hands of the G
employer by ensuring compliance with thdaws if there be any vacuum
in the laws, the State of Haryana should rise to play the role of a welfare
State and play it well. In fact there could be a special cess raised against
the quarry activities to be specifically utilised by way of return to the
industry and there could be a special fu11d out of which all the amenities
could be provided. What is wanting is not power but the mind and H
alert11ess regarding one's duty. [546E-G l
    528                     SUPREME COURT REPORTS               [1991] 3 S.C.R.

A         9. The State of Haryana shall now ensure that the people who
    have been idenlified numbering abouUOOO are continued in work with
    the improved conditions of service and facilities and such o( them who
    want to go back to their n~ve areas be treated as released froni
    bondage and appropriate action must be taken in accordance with
    Government oflndia's scheme forthwith. [5470-E]
B
            S.P. Gupta v. Union of India, [1982] 2 SCR 365, referred to.

            ORIGINAL JURISDICTION: Writ Petition (Civil) No. 2135 of
    1982.

            (Under Article 32 of the Cons1titution of India).
c
            S.K. Bhattacharya for the Petitioner.

          Mahabir Singh, K.B. Rohtagi, S.K. Dhingra, L.K. Gupta, S.K.
    Verma, B.D. Sharma, Mrs. S. Dikshit and Ms. A. Subhashini (N.P.)
D   for the Respondents.

            The following Order of the Court was delivered

          A letter addressed to this Court complaining about prevalence of
    bonded labour system in Cotton, Anangpur and Lakkarpur areas of
E   Faridabad District in Haryana State wherein the stone quarries work-
    ers are living in most inhuman conditions, was treated as a writ peti-
    tion under Articl« 32 of the Constitution. This Court appointed two
    Advocates as Commissioners to inquire into the working conditions of
    the stone quarry workers with particular reference to the cases .
    mentioned in the writ petition. This Court finding the necessity of an
F   in'depth investigation into social and legal aspects of the problem also
    appointed Dr. S.B. Patvardhan and Mr. Krishan Mahajan to study the
    working conditions prevailing in the various quarries within the
    F aridabad district with particular reference to violation of provisions
    of the Bonded Labour System (Abolition) Act of 1976 and Inter-State
    Migrant workmen (Regulation of Employment & Conditions of
G   Service) Act. The Commissioners furnished their report to the Court
    on 28th of June, 1982.                                                        ""

          Several questions were raised before the Court apart from merit
    of the dispute; the important ones being (i) whether an application
    under Art. 32 of the Constitution was maintainable, particularly when
H   no allegation of infringement of petitioner's fundamental right was
                       BANDHUA MUKTI MORCHA v. U.0.l.                       529

     made; (ii) whether a letter addressed to the Court could be treated as a
                                                                                   A
     writ petition and be proceeded with in the absence of support by
     affidavit or verification; and (iii) whether the Court had power to
     appoint Commissioners or an investigative body to inquire into allega-
-'
     tions made in the petition and by affidavits and require reports to be
     made to tl)e Court for facilitating exercise of its jurisdiction under Art.
     32 of the Constitution.                                                       B

             The concept of public interest litigation had not then adequately
       developed and its contoPrs sufficiently delineated; the practice of ·
       accepting letters as a foundation for a writ petition had not also been
       cleatly established; in writ petitions the practice of appointing Com-
...,.. missioners or investigating agencies had not been precedented; the
       traditional concept of ddence of locus standi has not been wiped away       c
       notwithstanding the decision in S.P. Gupta v. Union of India, [1982] 2
       SCR 365.

        A 3-Judge Bench heard the matter at considerable length and
  each of them delivered a separate judgment. Though the main judg- D
  ment was delivered by Bhagwati, J. (as he then was) and Justice A.N.
  Sen concurred with it by a separate judgment and Pathak, J. (as he
  then was) while concurring with Bhagwati, J. on some issues gave his
  own views. The judgment of the Court was pronounced on 16th of
  December, 1983 [19643 SCC 161].
                                                                           E
        This Court dealt with various aspects of the problem; referred to
  available literature on material aspects; took into account the informa-
  tion collected by Advocate-Commissioners and the report made by
  Dr. Patvardhan. The Court also took note of the position that the
" Presidential Ordinance of 1975 for abolition of bonded labour and the
  subsequent Parliamentary legislation in 1975 were seeking to imple- F
  ment the mandate of Art. 23 of the Constitution but while statutory
  provision had been made, taking into account the fact that the pernici-
  ous practice of bonded labour had prevailed in this country for
  centuries; the then current social atmosphere had been tolerating this
  practice without any serious objection; the concentration of wealth in
  the hands of a few and the majority being poor it became convenient G
  for the owners of property and wealth to exploit the poor and in India
" a social change opposed to traditional methods was difficult to imple-
  ment, the Court did not treat the writ petition as disposed of by its
  judgment and the application survived for further monitoring.
           In paragraph 39 of the judgment of Bhagwati, J. with whom on            H
     that aspect the other two learned Judges agreed, it was said:
    530             SUPREME COURT REPORTS            [1991] 3 S.C.R.


A         "We accoroi.ngly allow this writ petition and issue the
          above directions to the Central Government and the State
          of Haryana and the various authorities mentioned in the
          preceding paragraphs of this judgment so that these poor        .....
          unfortunate workmen who lead a miserable existence in
          small novels, exposed to the vagaries of weather, drinking
B         foul water, breathing heavily dust-laden polluted air and
          breaking and blasting stone all their life, may one day be
          able to realise that freedom is not only the monoply of a
          few out belongs to them all and that they are also equally
          entitled along with others to participate in the fruits of
          freedom and development. These directions may be sum-          'fl'
          marised as follows:-
c
               (1) The Government of Haryana will, without any
               delay and at any rate within six weeks from today,
               constitute Vigilance Committee in each sub-division
               of a district in compliance with the requirements of
D              Section 13 of the Bonded Labour System (Abolition)
               Act, 1976 keeping in view the guidelines given by us
               in this judgment.

               (2) The Government of Haryana will instruct the dis-
               trict magistrates to take up the work of identification
E              of bonded labour as one of their top priority tasks and
               to map out areas of concentration of bonded laboilr
               which are mostly to be found in stone quarries and
               brick kilns and assign task forces for identification
               and release of bonded labour and periodically hold
               labour camps in these areas with a view to educating
F              the labourers inter alia with the assistance of the
               National Labour Institute.

               (3) The State Government as also the Vigilance
               Committees and the district magistrates will take the
               assistance of non-political social action groups and
G              voluntary agencies for the purpose of ensuring
               implementation of the provisions of the Bonded
               Labour System (Abolition) Act, 1976.

               (4) The Government of Haryana will draw up within
               a period of three months from today a scheme or
H              progra~e for rehabilitation of the freed bonded
BANDHUA MUKTI MORCHA v. U.0.1.                      531

labourers in the light of the guidelines set out by the
Secretary to the Government of India, Ministry of          A
Labour in his letter dated September 2, 1982 and
implement such scheme or programme to the extent
found necessary.                           ·

(5) ·The Central Government and the Government of          B
Haryana will take all necessary steps for the purpose
of ensuring that minimum wages are paid to the work-
men employed in the stone quarries and stone
crushers in accordance with the principles laid down
in this judgment and this direction shall be carried out
within the shortest possible time so that within six
weeks from today, the workmen start actually receiv-       c
ing in their hands a wage not less than the minimum
wage.

(6) If payment of wages is made on truck basis, the
Central Government will direct the appropriate             D
officer of the Central Enforcement Machinery or any
other appropriate authority or officer to determine
the measurement of each truck as to how many cubic
ft. of stone it can contain and print or inscribe such
measurement on the truck so that appropriate and
adequate wage is received by the workmen for the           E
work done by them and they are not cheated out of
their legitimate wage.                               ·

(7) The Central Government will direct the Inspect-
ing Officers of the Central Enforcement Machinery
or any other appropriate Inspecting Officers to carry      F
out surprise checks at least once in a week for the
purpose of ensuring that the trucks are not loaded
beyond their true measurement capacity and if it is
found that the trucks are loaded in excess of the true
me~surement capacity, the Inspecting Officers carry-
ing out such checks will immediately bring this fact to    G
the notice of the appropriate authorities and neces-
sary action shall be initiated against the defaulting
mine owners and/or thekedars or jamadars.

(8) The Central Government and the Government of
Haryana will ensure that payment of wages is made          H
    532       SUPREME COURT REPORTS             [1991] 3 S.C.R.

          directly to the workmen by the mine lessees and stone
A
          crusher owners or at any rate in the presence of a
          representative of the mine lessees or stone crusher        ~
          owners and the Inspecting Officers of the Central
          Government as also of the Government of Haryana
          shall carry out periodic checks in order to ensure that
B         the payment of the stipulated wage is made to the
          workmen.

          (9) The Central Board of Workers' Education will
          organise periodic camps near the sites of stone quar-      -11"
          ries and stone crushers in Faridabad District for the
          purpose of educating the workmen in the rights and
c         benefits conferred upon them by social welfare and
          labour laws and the progress made shall be reported
          to this Court by the Central Board of Workers' Edu-
          cation at least once in three months.

D         (IO) The Central Government and the Government
          of Haryana will immediately take steps for the
          purpose of ensuring that the stone crusher owners do
          not continue to foul the air and they adopt either of
          two devices, namely, keeping a drum of w~ter above
          the stone crushing machine with arrangement for
E         continuous spraying of water upon it or installation of
          dust sucking machine and a compliance report in
          regard to this direction shall be made to this Court on
          or before February 28, 1984.

          (11) The Central Government and the Government
F         of Haryana will immediately ensure that the ·mine
          lessees and stone crusher owners start supplying pure
          drinking water to the workmen on a scale of at least 2
          litres for every workman by keeping suitable vessels
          in a shaded place at conveniently accessible points
          and such vessels shall be kept in clean and hygienic
G         condition and shall be emptied, deaned and refilled
          every day and the appropriate authorities of the
          Central Government and the Government of
          Haryana will supervise strictly the enforcement of
          this direction and initiate necessary action if there is
          any d.,fault.
H
    BANDHUA MUKTI MORCHA v. U.0.I.                      533

    {12) The Central Government a.nd the Government
                                                               A
    of Haryana will ensure that minimum wage is paid to
    the women and/or children who look after the vessels
    in which pure drinking water is kept for the workmen.

    ( 13) The Central Government and the Government
    of Haryana will immediately direct the mine lessees        B
    and stone crusher owners to start obtaining drinking
    water from any unpolluted source or sources of sup-
    ply and to transport it by tankers to the work site with
    sufficient frequency so as to be able to keep the
    vessels filled up for supply of clean drinking water to
    the workmen and the Chief Administrator, Faridabad
    Complex will set up the points from where the mine         c
    lessees and stone crusher owners can, if necessary,
    obtain supply of potable water for being carried by
    tankers.

    {14) The Central Government and the State Govern-          D
    ment will ensure that conservancy facilities in the
\   shape of latrines and urinals in accordance with the
    provisions contained in Section 20 of the Mines Act,
    1950 and Rules 33 to 36 of the Mines Rules, 1955 are
    provided at the latest by February 15, 1984.
                                                               E
    ( 15) The Central Government and the State Govern-
    ment will take steps to immediately ensure that
    appropriate and adequate medical and first aid
    facilities as required by section 21 of the Mines Act,
    1952 and Rules 40 to 45-A of the Mines Rulrs, 1955
    are provided to the workmen not later than January         F
    31, 1984.

    (16) The Central Government and the Government
    of Haryana will ensure that every workman who is
    required to carry out blasting with explosives is not
    only trained under the Mines Vocational Training           G
    Rules, 1966 but also holds first aid qualification and
    carries a first aid outfit while on duty as required by
    Rule 45 of the Mines Rules, 1955.

    ( 17) The Central Government and the State Govern-
    ment will" immediately take steps to ensure that           H
    534       SUPREME COURT REPORTS              [1991] 3 S.C.R.

          proper and adequate medical treatment is provided
A
          by the mine lessees and owners of stone crushers to
          the workmen employed by them as also to the
          members of their families free of cost and such medi-
          cal assistance shall be made available to them without
          any cost of transportation or otherwise and the
B         doctor's fees as also the cost of medicines prescribed
          by the doctors including hospitalisation charges, if
          any, shall also be reimbursed to them.

          (18) The Central Government and the State Govern-
          ment will ensure that the provisions of the Maternity
          Benefit Act, 1961, the Maternity Benefit (Mines and
c         Circus) Rules, 1963 and the Mines Creche Rules,
          1966 where applicable in any particular stone quarry
          or stone crusher are given effect to by the mine
          lessees and stone crusher owners.

D         ( 19) As soon as any workman employed in a stone
          quarry or stone crusher receives injury or contracts
          disease in the course of his employment, the con-          J
          cerned mine lessee or stone crusher owner shall
          immediately repot this fact to the Chief Inspector or
          Inspecting Officers of the Cenral Government and/or
E         the State Government and such Inspecting Officers
          shall immediately provide legal assistance to the
          workmen with a view to enabling him to file a claim
          for compensation before the appropriate court or
          authority and they shall also en~ure that such claim 'is
          pursued vigorously and the amount of compensation
F         awarded to the workman is secured to him.

          (20) The Inspecting Officers of the Central Govern-
          ment as also of the State Government will visit each
          stone quarry or stone crusher at least once in a fort-
          night and ascertain whether there is any workman
G         who is injured or who is suffering from any disease or
          illness, and if so, they will immediately take the
          necessary steps for the purpose of providing medical
          and legal assistance.

          (21) If the Central Government and the Government
H         of Haryana fail to ensure performance of any of the
                BANDHUA MUKTI \IORCHA v. U.0.I.                      535

                 obligations set out in clauses 11, 13, 14 and 15 by the
                                                                            A
                 mine lessees and stone crusher owners within the
                 period specified in those respective clauses, such obli-
                 gation or obligations to the extent to which they are
                 not performed shall be carried out by the Central
                 Government and the Government ofHaryana."
                                                                            B
The Court went on to further say:

           "We also appoint Shri Laxmi Dhar Misra, Joint Secretary
           in the Ministry of Labour, Government of India as a Com-
           missioner for the purpose of carrying out the following
           assignment:-
                                                                            c
                (a) He will visit the stone quarries and stone crushers
                in Faridabad District and ascertain by enquiring from
                the labourers in each stone quarry or stone crusher in
                the manner set out by us whether any of them· are
                being forced to provide labour and are bonded               D
                labourers and he will prepare in respect of each stone
                quarry or stone crusher a statement showing the
                names and particulars of those who, according to the
                enquiry made by him, are bonded labourers and he
                will also ascertain from them whether they want to
                continue to work in the stone quarry or stone crusher       E
                or they want to go away and if he finds.that they want
                to go away, he will furnish particulars in regard to
                them to the District Magistrate, Faridabad and the
                District Magistrate will, on receipt of the particulars
                from Shri Laxmi Dhar Misra, make necessary
                arrangements for releasing them and provide for their       F
                transportation back to their homes and for this
                purpose the State Government will make the requi-
                site funds available to the District Magistrate.

                (b) He will also enquire from the mine lessees and
                owners of stone crushers as also from the thekedars         G
                and jamadars whether there are any advances made
                by them to the labourers working in the stone quar-
                ries or stone crushers and if so, whether there is any
                documentary evidence in support of the same and he
                will also ascertain what, according to the mine lessees
                and owners of stone crushers or the jamadar or the-         H
    536        SUPREME COURT REPORTS            [1991] 3 S.C.R.

A         kedar, are the amounts of loans still remaining out·
          standing against such labourers.

          ( c) m: will also ascertain by carrying out sample
          check whether the workmen employed in any particu-
          lar stone quarry or stone crusher are actually in
B         receipt of wage not less than the minimum wage and
          whether the directions given in this order in regard to
          computation and payment of minimum wage are
          being implemented by the authorities.

          {d) m: will conduct an enquiry in each of the stone
          quarries and stone crushers in Faridabad District for
c         the purpose of ascertaining whether there are any
          contract labourers or inter-State migrant workmen in
          any of these stone quarries or stone crushers and if he
          finds as, a result of his enquiry that the Contract
          Labour Act, and/or the Inter-State Migrant Work-
D         men Act is applicable, he will make a report to that
          effect to the Court.

          (e) He will ascertain whether the directions given by
          us in this judgment regarding effective arrangement
          for supply of pure drinking water have been carried
E         out by llhe mine lessees and stone crusher owners and
          pure drinking water has been made available to the
          workmen in accordance with those directions.

          (f) He will also ascertain whether the mine lessees
          and owners of stone crushers in each of the stone
F         quarries and stone crushers visited by him have com-
          plied with the directions given by us in this judgment
          regarding provision of conservancy facilities.

          (g) He will also ascertain whether the directions gi-
          ven by us in this judgment in regard to provision of
G         first aid facilities and proper and adequate medical
          treatment including hospitalisation to the workmen
          and the members of their families are being carried
          out by the mine lessees and stone crusher owners and
          the necessary first aid facilities and proper and
          adequate medical services including hospitalisation
H         are provided to the workmen and the members of
          their families.
                 BANDHUA MUKTI MORGIA v. U.0.1.                    537

                 (h) He w\11 also enquire whether the various other       A
                 directions given by us in this judgment have been and
                 are being carried out by the mine iessees and stone
                 crusher owners."

This Court indicated its expectation in paragraph 40 of the judgment
thus:                                                                     B
           "We have no doubt that if these directions given by us are
           honestly and sincerely carried out, it will be possible to
           improve the life conditio.ns of these workmen and ensure
           social justice to them so that they may be able to breathe
           the fresh air of social and economic freedom."
                                                                          c
     The proceedings thereafter continued with a view to fulfilling the
fond hope and expectation of the Court.

      Mr. Laxmidhar Misra, in due course, submitted his report in two
parts-one dealing with the identification of the bonded labour and D
the second covering the inquiry into the implementation of the 21
directives. The petitioner-Morella came before the Court with a peti-
tion for contempt action alleging that the directions were not being
implemented. That led to the appointment of Mr. Mahabir Jain of the
Faculty of National Labour Institute to inquire into the measures and
report on the degrees to which the 21 directives issued by the Court E
had implemented and to present to the Court a clear picture of the
issues involved for enabling it to make its own assessment and come to
a conclusion as to whether the directions had been or were being
implemented and also as to whether action for contempt was appro-
priate or in the matter of monitoring the social problem, some other
course was necessary to be adopted. In February, 1989, Mr. Jain gave F
a very detailed report to the Court which is on record and to which
reference has to be made in a later part of our order.

      The Union Territory of Delhi housing the capital of the country
is surrounded on three sides by the Haryana State and on the other lies
the State of Uttar Pradesh. The stone quarries of Faridabad have G
thrived for almost half a century now on account of building activity in
the industrial belt of Haryana particularly Ballabgarh and Faridabad
and in the Union Territory of Delhi. The quarrying process involves
substantial manual labour and the need of continuous availability of
labour at cheap rate has led to the growth of the system of bonded
labour in that trade. For a loan taken a1 an exorbitant rate of interest H
    538                    SUPRE~E COURT REPORTS              I 19911 3 S.C.R.
    the debtor virtually sells himself to the creditor and gets bonded
A
    usually for a period of life and renders service for the purpose 9f
    satisfying the debt. The creditor anxious to exploit the situation
    ensures that the debt is never satisfied and often on the traditional
    basis of pious obligation the liability is inherited by the children of the
    original debtor. The system thus provides a built-in mechanism for
B   continuation of exploitation of the under-privileged section of the
    society by the privileged few living therein.

          The bonded labourers are paid nominal wages and often their
    family members are not permitted to take remunerative jobs else-
    where without permission of the master, Normally, such permission is
    not granted and the impoverished condition is allowed to continue to
c   the advantage of the creditor. The Constitution-fathers were aware of
    this prevailing inhuman practice and in Art. 23( 1) provided:

                "Traffic in human beings and beggar and other similar forms            )

                of forced labour are prohibited and any contravention of
D               this provision shall be an offence punishable in accordance
                with law."
                                                                                   j
           So powerful was the rich men's lobby that it took 25 years after
    the enforcement of the Constitution to provide a definite law for the
    purpose and the Presidential Crdinance was the first positive measure
E   in this direction. That got replaced by the Act entitled Bonded Labour
    System (Abolition) Act, 1976. We may point out that the directives in
    Arts. 39(c), 41and42 are also relevant in this regard. It is perhpas not
    necessary to delve into the philosophy involved in the matter as the
    3-Judge Bench has gone into it in the judgment of December 1983, and
    what remains for consideration at this stage is mme or less a clear
F   review of the enforcement of the directives and assessment of the
    outcome for achieving the statutory purpose and the constitutional
    goal and for the fulfilment of the hopes and expectations of this Court
    in that regard and if it is necessary to take further action and if so, what
    such action should be. This will require an analytical study of the
    reports furnished by Mr. Laxmidhar Misra and Mr. Mahabir Jain.
G
       Mr. Laxmidhar Misra in his letter to the Registry of this Court in
  January, 1984, indicated that the inquiry entrusted to him had two
  phases-the first relating to the inquiry into the implementation of the
  Bonded Labour System (Abolition) Act, Inter-State Migrant Work-
  men (Regulation of Employment and Conditions of Service) Act and
H the Contract Labour (Regulation and Abolition) Act etc. and the
                      BANDHUA MUKTI MORCHA v. U.0.I.                     539

      second related to ascertaining the extent of compliance of the direc-
      tions of this Court by the concerned authorities. On 4th February,          A
~
      1984, this Court directed:

                 "So far as the consideration of the report.of Mr. Laxmid-
                 har Misra is concerned, the same does not brook any delay
                 involving as it does the release and rehabilitation of the       B
                 bonded labourers and amelioration of the lives and work-
                 ing conditions of the large number of stone quarry workers,
                 we would direct that the matter be expeditiously taken
...              up."

            Mr. Laxmidhar Misra submitted his report on the second a~pect
      too. His report gave the ultimate indication that the enforcement of        c
      the Acts covered by the first part of his report had not been adequate.
      In regard to the second part, namely, steps for implementation of the
      Courr"s directives, he also came to hold that nothing very substantial
      had been done though some steps had been taken.
                                                                                  D
            On 3.5.1988, this Court required Shri A:K. Srivastava, Director
      General of Labour Welfare in the Ministry of Labour to inquire into
      the matter- again and furnish a report on the degree to which the
      directions issued by the Court had received compliance. Shri Sri-
      vastava was not in a position to undertake this inquiry and ultimately it
      led to the appointment of Mr. Mahabir Jain, as already indicated. On        E
      6th of March, 1989, Mr. Jain furnished his report. He took into
      account the 21 directives of the Court. As the report indicates •.. he
      adopted the method of interviews, observations, representations,
      holding of formal and informal meetings, reference to documents and
      other available literature as the basis for collection of information. He
      spent considerable time in the jhuggi colonies where the bonded             F
      labourers dwell in-different parts of the quarry area. He noticed
      absence of sufficient drinking water facility, no provision for schooling
      of the children of the bonded labourers and want of appropriate medi-
      cal facility. Apart from these, he also found that the jhuggis were very
      small, unhygienic and did not constitute reasonable accommodation
~
      for human use. He noticed that there was lack of organisation among         G
      the jhuggi dwellers which facilitated their exploitation by the stone
      quarry owners. Even though camps were being organised at regular
      intervals for workers employed in the stone quarries and stone
      crushers by the Regional Directorate of Wrokers' Education Centre,
      Faridabad, there was no discernible impact whieh would catch the eye of
      the visitor. He recoraed the statements of 'several- people he met          H
    540                   SUPREME COURT REPORTS             [1991] 3 S.C.R.

    including workers, their widows, dependants, relations, outsiJers and
A   public officials. He noticed that adequate safety measures were not
    available in the mines and several accide.nts had taken place on that
    account.

         With reference to the Workers' Education Centre at Faridabad,
B   Mr. Jain observed:

               "A critical analysis of the camp reports shows that a few
               Acts like the Mines Act, Minimum Wages Act, Bonded
               Labour System Act, Maternity Benefit Act, Payment of
               Wages Act and Trade Union Act had been given rnuch
               emphasis in almost all the camps. In only one or two
c              camps, topics like eradication of social evils, economic
               problems, a sense of cooperation and the need for organi-
               sation of the workers had been discussed. If one goes back
               to the camp reports of the Centre for Workers Education,
               Faridabad, one finds that the basic objectives of the camps
D              were to desensitise the workers about their legal rights and
               the need for workers organisation. Compared to those
               objectives, the discussion of the topics relevant to organisa-
               tion building had been given less emphasis. Besides, less
               emphasis was also on audio/visual method of teaching.
               However, topics discussed in different camps were more or
E              less the same. Therefore, topics which would create aware-
               ness among stone quarry workers need to be discussed in
               the camps.

          In regard to the specific direction of the Court, Mr. Jain noticed
    that Vigilance Committees as required under Section 13 of the Act had
F   been constituted in all districts and sub-divisional headquarters of the
    State of Haryana and a good number of meetings of the Vigilance
    Committees had been held. He, however. came to the conclusion on
    verifying the proceedings of the Vigilance Committee at Faridabad
    that he did not ·find any useful information regarding the work of the
    Vigilance Committee'.
G
         Mr. Jain then referred to the report submitted by Shri Laxmid-
    har Misra to this Court where he had said that 26 per cent of the
    bonded labourers had been released and rehabilitated by the State
    Government; nearly 30 per cent of the identified bonded labourers
    were not willing to go back to their native places. At the same time, 41
H   per cent of the bonded labourers had left the work site. According to
                         BANDHUA MUKTI MORCHA v. U.0.1.                      541

        Mr. Jain, these facts showed that only one bonded labourer out of
                                                                                    A
        every three identified was willing to go back to his or her native place.
        Mr. Jain, however, found that most of the bonded labourers who had
        been released or rehabilitated came back to the mines-a feature
        which clearly indicates that the rehabilitation process was defective
        and not useful'. If the rehabilitated bonded labourer had a sense of
        confidence in the arrangement of rehabilitation, there would indeed         B
        be no occasion for him to run away from the rehabilitative process
        back to bondage. Mr. Jain found that the task of identifying the
        bonded labourers had not been sincerely carried out. It is true that in
        1982 the Haryana Government had instructed all the District Magis-
        trates to make rehabilitation schemes for released bonded labourers in
        accordance with the Government of India's scheme and contempo-
        raneously or nearabout that point of time some rehabilitation had           C
        been undertaken. In the absence of constant goading, the exercise had
        become sporadic and even fell into disuse. Mr. Jain found that there
;       had been an increase in the number of bonded labourers and ston.e
        quarries were again thriving. The minimum wage programme had not
        been effectively introduced. A few prosecutions had been lodged but         D
        that was not adequate and had not generated the requisite conscious-
    •   ness. Payment of wages had not been properly recorded and in the
        absence of documents cross-verification became indeed difficult. The
        Commissioner found that even though Mr. Laxmidhar Misra had indi-
        cated about deficiency of drinking water, schooling facility, medical
        treatment and the like, no attention had been bestowed on improving         E
        these aspects and he noticed dearth of these wherever he went. Por-
        tions from the conclusions of the Jain report may now be extracted.
        His report said:

                    "It is a technologically backward industry thriving on con-
                    tinuous plentiful supply of cheap replaceable labour. The       F
                    impoverished rural hinterland sends forth an unending
                    stream of uprooted, assetless, illiterate people from the
                    traditionally oppressed communities, mainly the Scheduled
                    Castes and Tribes. As workers in stone quarries and
                    crushers, they must remain uprooted, assetless, illiterate
                    and oppressed-so that they may be easily replaced; so that      G
                    the industry may continue to get its labour cheap."

        He further found:

                    "It is an industry which-in the mineral extraction part-
                    allows unchecked operation of self-appointed, unregistered      H
    542                    S\IPREME COURT REPORTS           [1991] 3 S.C.R.

                middlemen, nicknamed 'contractors' who perform a
A
                variety of functions."

          His yet further findings were that there was no accountability,
    the trade was ecologically hazardous, there was lack of plan·ning and
    the working involved an in-built system of criminality. He, therefore,
B   recommended that there should be central registration of all workers,
    conferment of the status of small producers by allocating permits
    directly to them, determining the minimum remuneration, facilitating
    modernisation, total exclusion of contractors and middlemen from the
    trade and protection and restoration of the natural environment.


c of Mr.This matter was heard for some time on the basis of these reports
         Jain and we reserved judgment on 10th of July, 1990. Swami
    Agnivesh at whose instance this Court had registered the proceeding
    had undertaken to supply a list of uhrehabilitated bonded labourers.
    He took quite some time to submit the statements and these reports
    indicated their number to be 3993. When we were proceeding to dis-
D   pose of the matter a communication was received by the Court dated
    24.1.1991 from the Director General of Labour Welfare in the
    Ministry of Labour that the total number was 523 upto 30 .. 11.1990. The
    gap was so huge that we found it difficult to proceed to conclude the       '
    matter on the basis of the statements given by Swami Agnivesh by
    ignoring the situation. These aspects were brought to the notice of the
E   parties and after hearing them, by an order of 2 lst February, 1991. this
    Court directed:

               "With a view to meeting the situation, we direct that a
               Committee shall immediately be set up with Director
               General, Labour Welfare of the Union Government or a ·
F              very senior officer from his establishment, the Chief Judi-
               cial Magistrate, Faridabad, Mrs. Raju Ramachandran, an
               advocate of the Supreme Court with social service back-
               ground, an officer from the Haryana Government not
               below the rank of Additional District Commissioner and
               Swami Agnivesh representing the petitioner. Mr. Rohtagi
G              or his nominee advocate appearing for the brick kiln
                owners would be permitted to associate in the activities of
                the Committee.

                      This Committee shall .within six weeks from now
                check up the particulars provided in the list by the peti-
H               tioner, identify the persons claimed to have been bonded
                 BANDHUA MUKTI MORCHA v. U.0.1.                       543

           labour and collect all relevant material in respect of them;
           so as to assist this Court to make further directions in terins
                                                                             A
           of the requirement of the scheme to rehabilitate them. In
           course of their movement, for the purpose of complying
           with this order if fresh cases of bonded labour are noticed
           by them they would collect the particulars separately and
           report to the Court."                                             B

The Committee obtained extension of time from this Court and ulti-
mately has furnished its report on July 1, 1991.

      This Committee adopted the questionnaire form to elicit informa-
tion on all relevant aspects which were 18 in number and have collated
the material. In a part of the report it has said:                           c
           "The Committee members have personally identified every
           person whose name appears in the list prepared by the
           Committee. They were approximately 1983 persons so
           identified but from each dera there were about 20%                D
           persons who were not available for identification either out
           of fear of the contractor or because they had gone out that
           day for buying provisions or to the doctor. Some persons
           could not be identified because the Committee missed find-
           ing them in their homes and also missed finding them in
           their places of work. Some workers from the list given by         E
           the petitioner had left and gone elsewhere and in their
           place some others had come .. There were some persons
           whose names had been missed in the list prepared h'
           the Bandhua Mukti Morcha. The list of persons prepareJ h>
           the Committee is all inclusive of the above identified
           categories ...                                                    F

      In this setting it would perhaps be appropriate to proceed on the
footing that the total number of identified bonded labour is around
2000 and not 3993 as stated by the petitioner. It may be that some of
the people whose name appear in the list furnished by Swami Agnivesh
are no more in the area. It may also be that people who had left their       G
work even by then had been included in that list.

      The picture placed by the Committee in regard to wages does not
give one different from what had been recorded by this Court when the
original case was disposed of in 1982. It may be that the labourers have
become more informed and educated about their rights. They have,             H
    544                    SUPREME COURT REPORTS             [1991) 3 S.C.R.

    however, no organised base. They are the weaker party and once they
A
    are in the trap of bondage the capacity to negotiate is gone. That is
    how, expl.oitation thrives notwithstanding the intervention of this
    Court. The facility of schooling and medical treatment, availability of
    water, provisions and scope for recreation are aspects which still
    require attention.
B
          The Committee has reported:

                "Inspite of order dated 17th October, 1990 of the Chief
                Labour Commissioner under section 25(2)( v)(b) of the
                Contract Labour (Regulation and Abolition) Central
                Rules, 1971 in respect of stone breaker who is a piece rated
c               worker working in the stone mines in the Faridabad area,
                fixing the piece rated wage at the rate of Rs.133 per 200 cft.
                stone, there is no implementation thereof."

          At another place the Committee has said that though this Court
D   in the main judgment had indicated that untrained workers should not
    be engaged in the olasting operation with explosives the practice seems
    to be still continuing and the law as also the direction of this Court       J
    were being violated by the contractors. The Committee, therefore, has
    recommended that the principal employer should be made liable for
    implementation of the directions both:of law and the court. The con-
E   tractors working under the Haryana Minerals Ltd. were mostly unre-
    gi~tered and unlicensed.


          The Committee has noted that the entire area of operation has a
    dust cover in the atmosphere which is hazardous to the workmen's
    health. No attention has been bestowed by the inspecting authority or
F   the labour law enforcers to secure improved conditions of working.
    There has been division of opinion as to whether it is the responsibility
    of the State Government or the employer in regard to providing educa-
    tional facility to the children of the quarry workers. We have not been
    able to see any reason for the difference. Quarries are located in a
    particular area away from habitation. On account of necessity for
G   workmen in the area people from different parts of the country are
    made to live therein along with their families under very insanitary and
    inconvenient conditions. Health care of workmen and members of
    their families and education of the children as also the adults in such
    exclusive locality should be of the employer. To require a school to be
    built in such an area where there mar not be adequate number of
H   children for the purpose of schooling at the expense of the State exche-
                 BANDHUA MUKTl MORCHA '- U.0.1.                      545

quer may not be appropriate. That apart these institutions should be a
part of the trade. In the. manner the employer has to make provision        A
                                                                                '
fo.r water and medical care, it should also have the responsibility of
providing schooling for the children of the workmen. Today emphasis
is also being given on adult education. If appropriate facility is pro-
vided the workmen beyond their working hours can also have scope
for learning the three Rs and this could be through a process of adult      B
education with State support. under the relevant scheme"

      The State of Haryana must come forward to play its role in a
better way. As already pointed out these are quarries located nearab-
out the industrial belt of Haryana and not far away from Delhi. Ecol-
ogy is not only a local problem but must be taken to be a problem of
Delhi also. Dust emanating from the working area in Haryana is              c
bound to affect adversely the Delhi atmosphere. In fact, if adequate
importance is given to the angle of pollution the industry itself has to
be regulated or may have to be stopped ..

      The State of Haryana, we must say, has not taken our interven-        D
tion in the proper spirit and has failed to execcise appropriate control
though some eight years back this Court had in clear terms laid down
the guidelines and had called upon the public authority to take charge
of the situation and provide adequate safeguards.

       The operation of stone quarries is more or less concentrated in      E
particular areas. That is a feature which facilitates control. If a local
officer of appropriate status had been place<! around the corner it
would have helped in improving the lot of the workmen. If the pollu-
tion authority had been made to visit the area at repeated intervals
pollution control could have been imposed. If some authority entrus-
ted with welfare had been made to inspect this area at regular intervals    F
he could have ensured availability of facilities for schooling and hospi-
tal as also supply of drinking water to the workmen. It is a hot helt and
for mer 4 to 5 months water scarcity is there in this area. The work-
men's job is such that they are exposed to the summer heat. It is the
obligation of the employer, therefore, to provide a definite source of
water:                                                                      G

      The workmen are engaged almost on full time basis. As report
indicates bulk of the workmen are not prepared to return to their
States. What is necessary, therefore, is provision of a permanent base
for residence at or near the work·site. This would necessitate reason-
able housing, supply of water, a reasonable provision store at hand,        H
')       546                    SUPREME COURT REPORTS            [1991] 3 S.C.R.

     A   schooling facility, facility of a hospital, recreational facilities and
         attention to the law and order problem. Perhaps near the an a a police
         station or an outpost could be located. If the workers were i11sufficient
         in number, a doctor could be taken as a visitor to the area at frequent
         intervals and instead of a regular school one single teache .· could be
         provided to look after the health of the people.
     B
             Court's judgment to regulate such matters has inherent limita-
       tion. These are not schemes which could be conveniently mc,nitored by
       a court-far less can the apex court keep track of the natter. Its
       Registry has congestion. To get attention for a matter of thi; type from
       the Court is bound to take some time. Human problems iu their nor-
     C mal way do not wait for a time schedule for attention. In su~h circums-
       tances, it should be the obligation of the State which on account of
       running stone quarries within its area must in various way; be getting
       benefits to look after these aspects. As a welfare Stat.e it is now the
       obligation of the State of Haryana to cater to these requirements of the
       area. Haryana as we find has made substantial advances compared to
     D many other States of the country and there is some amount of welcome
       consciousness in the administration of the State. We ho Je and trust
       that if a direction is issued to the Chief Secretary of :he State to
       regulate these aspects the reposing of trust by this Com t would not
       turn out to be misplaced.

     E       In these circumstances we call upon the State of Haryana to
       attend to the needs referred to above of the workmen in a .well-
       considered and systematic way. Since those workmen who will be                f
       working there have to be protected from the vagaries of employment
       and the anxiety of the employer to draw work without 2dequate pay-
       ments, the authorities of the State of Haryana must take care to protect
     F the workmen from the hands of the employer by ensurir.g compliance
       with the laws and if there be any vacuum in the laws the State of
       Haryana should rise to play the role of a welfare State ar d play it well.
       In fact there could be a special cess raised against the q1.arry activities
       to be specifically utilised by way of retunf to the indu ;try and there
       could be a special fund out of which all the amenities ref !rred to above
     G could be provided. What is wanting is not power but the mind and
       alertness regarding one's duty.

             If our directions are worked out there would reall:r be no bonded
       condition and the workmen would be paid their dut share against
       employment and with the facilities ensured they can ive well in the
     H area.
                 BANDHUA MUKTI MORCHA v. U.0.1.                       547

      At the point of enforcement of the directions as indicated above       A
if any one turns out to be bonded and is freed and is also prepared to
return to his State, the scheme frameJ by the Government of India
would be applicable to such person.

       We are thankful to Mr. Laxmidhar Misra, Mr. Mahabir Jain and
the members of the new Committee for their cooperation. The society          B
to maintain its own elevation requires willing and voluntary contribu-
tion from all those who inhabit it. In a welfare State it is the society
which has to develop its welfare means. No society can have the
welfare outlook unless geared up on the basis of amity, friendship.
cooperation, consideration and compassion. If everyone living in India
is willing to believe in the 'live and let live' principle he would be       c
prepared to devote the same attention to the people around him as he
is willing to devote for himself. This factor, if practised, would
immediately bring about sufficient rejuvenation of the ailing society. It
is this elevated society that everyone must look forward to.

       We, therefore, dispose of this petition by directing that the State   D
of Haryana shall now ensure that the people who have been identified
numbering about 2000 are continued in work with the improved condi-
tions of service and facilities as referred to above and such of them
who want to go back to their native areas be treated as released from
bondage and appropriate action must be taken in accordance with
Government of India's scheme forthwith. There shall be no order as to        E
costs.

      We had called upon the State of Haryana to deposit Rs.20,000 to
meet the expenses of the Committee appointed by us. The Registry
will look into that matter and on the basis of the statement furnished
by tlte Committee put up a note within two weeks for giving direction        F
regarding honorarium to be paid to the members of the Committee.

V.P.R.                                                  Petition allowed.