Supreme Court of India
P. SIVASWAMYversusSTATE OF ANDHRA PRADESH
- Citation
- 1988 INSC 216
- Decided
- 10 August 1988
- Disposal
- Disposed off
- Bench
- RANGANATH MISRA
Holding
The Court held that the states must fulfill their obligations under the Bonded Labour System (Abolition) Act, 1976 and comply with the Court’s supervisory directions, failing which they will be held in contempt.
Summary
The Supreme Court entertained a public‑interest writ petition filed by P. Sivaswamy after a social organisation’s letter alleged widespread bonded labour in stone quarries of Andhra Pradesh. The Court directed the State of Andhra Pradesh and the concerned states of Tamil Nadu, Karnataka and Orissa to identify, release and rehabilitate bonded labourers under the Bonded Labour System (Abolition) Act, 1976, and to report on compliance. Interlocutory orders led to the release of about 2,200 bonded labourers and the filing of affidavits and reports by the states, but Karnataka failed to cooperate. The Court observed that the statutory provisions are ineffective without social consciousness and that non‑compliance amounts to contempt. It therefore ordered the non‑compliant state to file a detailed affidavit within two months and warned of strict action, while directing all states to continue rehabilitation measures.
Issues considered
- Whether the State of Andhra Pradesh and other concerned states have complied with their statutory obligations under the Bonded Labour System (Abolition) Act, 1976 to identify, release and rehabilitate bonded labourers.
- Whether the Supreme Court can issue supervisory directions in a public‑interest writ petition to enforce the Act and monitor rehabilitation.
- Whether failure to comply with the Court’s directions, particularly by the State of Karnataka, constitutes contempt of court.
Legislation cited
Subjects
bonded labourabolitionpublic interest litigationrehabilitationconstitutional rightsArticle 23Article 42contempt of courtSupreme Courtwrit petition
Judgment
P. SIVASWAMY
A
v.
STATE OF ANDHRA PRADESH
AUGUST 10, 1988
B [RANGANATH MISRA AND M.N. VENKATACHALIAH, JJ.]
Bonded Labour System (Abolition) Act, 1976--Section 4--
Abolition of Bonded Labour-Every Bonded Labour stands freed
from commencement of Act-Identification of Bonded Labour-A
difficult task-States must discharge its obligation cast under the Act-
Situation is very unsatisfactory-No employer should take advantage of
c the economic disability of a brother citizen.
Public Interest Litigation-A letter written by the Secretary of a
social organization alleging prevalence of bonded labour in stone quar-
ries in Andhra Pradesh treated as writ petition-Difficult for Court to
D entertain separate complaints alleging prevalence of bonded labour.
Section 4 of the 1Jonded Labour System (Abolition) Act, 1976
abolishes the bonded labour system and states that on commencement
of the Act every bonded labourer shall stand freed and discharged from
any obligation to render any bonded labour.
E
The Secretary of a social organization in Tamil Nadu wrote a
letter to the Court alleging prevalence of bonded labour in stone quar-
ries in several districts of Andhra Pradesh. This letter was registered as
a writ petition. Three other similar applications were also received and
registered as writ petitions. During the pendency of the petitions, the
F court passed certain interlocutory orders. In the first order the Court
directed the District Magistrate, Hyderabad and a representative of a
social organisation (AW ARE) to visit the site and make a report to the
court within two weeks. In the next order the court asked the ·respon-
dent State of Audhra Pradesh to file an affidavit showing how many
bonded labourers had been identified and released since l.1.1983 and
G whether they had been rehabilitated and if so, in what manner and if
there is a follow up action. If not rehabilitated then what steps were
being taken by the State to do so. It was also directed that Vigilance
Committees be set up and a member of social organizations may also be
included as a member in each committee. After the District Judge sub-
mitted his report the Court asked the State Government to take further
,'H ~teps and see that several relevant labour laws applicable to labour
346
P. SIVASWAMY v. STATE OF A.P 347
workinii. in stone quarries are fully implemented. The Court also A
directed that a Joint Secretary of the Ministry of Labour, Government
of India should visit the relevant stone quarries to hold an enquiry for
the purpose of ascertai.ning whether there was existence of bonded
labour arid whether the several relevant mines laws and labour laws
were being observed. After the receipt of the report of the Joint Secre-
tary, the Court directed the State of Andhra Pradesh to carry out the B
suggestions and recommendations made in the said report and to file an
affidavit setting out what steps and measures have been taken by the
State Government on the recommendations made by the Joint Secre-
tary. The Court also issued notice to the Central Government to take
steps to ensure that the provisions of the Mines Act and the connected
laws are observed in the stone quarries. As a result of the action taken C
by the Court about 2200 bonded labourers were freed. The State of
Andhra Pradesh arranged for their transport to their homes situated in
the States of Orissa, Karnataka and Tamil Nadu. The State Govern-
ments of these three States were directed to take further steps for the
rehabilitation of the bonded labourers and submit a report to the
Court. Pursuant to this direction the State ofOrissa submitted a report D
showing how these persons were rehabilitated by providing assistance
to· them. The State of Tamil Nadu also filed a report after repeated
directions and stated the measures being taken by them for rehabilita-
tion of these labourers. However, in spite of repeated directions the
State of Karnataka did not cooperate.in filing an affidavit showing how
they have rehabilitated the freed bonded labourers. E
The Court while disposing of the writ petitions and giving some
more time to the State of Karnataka to do the needful.
HELD/OBSERVED: Detailed provisions· have been made for
extinguishment of liability to repay bonded debt, implementing autho- F
rities have been set up, vigilance committees have been provided, resort
to bonded lalJour has been made an offence and steps for rehabilitation
have also been indicated. Laws, however beneficial they 'may be, are
difficult to be implemented unless the requisite social consciousness has.
grown. The system of Bonded Labour has prevailed in this Country for
centuries. The gap in economic conditions has been the main cause for · G
this. [JSSF -GI - -·
The society envisaged under the constitutional set-up camno more
take bonded labour as a part of it. Every citizen must' be prepared to
accept every other citizen as a pers'on equal to him for enjoying the
soc_ial benefits and the guarantees provided under the Constitution. It H
\
348 SUPREME COURT REPORTS [1988] Supp. 2 S.C.R.
must, therefore, becom•c a conscious obligation of every employer not
A
to take advantage of the economic disabllity of a brother citizen and
force him into the system of Bonded Labour. It·must equally be the
obligation of every dtizen to cooperate in bringing about abolition
or what is condemned by the laws as Bonded Labour; otherwise, the
beneficial legislation would remain on paper with mere a statutory
B declaration of abolishing bonded labour as provid~d in section 4 and yet
continue to prevail unabated in the community. [359D-F]
Bandhua Mukti Morcha v. Union of India, [1984] 3 SCC 161,
referred to.
Twelve years have passed since the law came into the Statute Book
C and surprisingly it came 26 years after the Constitution came into force.
In 38 years under the Constitution, we have not been able to generate
appropriate attitudes and dispositions to live amicably ln the polity.
Instead of appropriate consciousness manifesting itself contra-indica-
tions have widely appeared. Even those on whom the Statute casts the
D responsibility of implementing the provisions of the Act do not appear
to be in a situation to respond. It is difficult for the Court to entertain
repeated complaints of this type and devote attention hy way of
monitoring the administration of the Act, as has been in this case. We
are surprised that about three years were necessary to persuade the
State of Andhra Pradesh (Where bonded labour was identified and
E from where repatriation was necessary) and the States of Karnataka,
Orissa and Tamil Nadu where rehabilitation was to he provided to
perform their statutory obligations. [360A-C]
ORIGINAL JURISDICTION: Writ Petition (Cr!.) No. 1574 of
1982.
F
(Under Article 32 of the Constitution oflndia)
T. V.S.N. Chari for the Petitioner.
G. Narasimhulu, N. Santosh Hegde, Advocate General, P. R.
G Ramasesh, A. V. Rangam and S.K. Mehta for the Respondent.
The Judgment of the Court was delivered by
RANGANATH MISRA, J. A letter written by the Secretary/
Spokesman of the Great War Ex-Services Organisation at Tirukko-
H yilur in South Arco! Di~rict of Tamil Nadu alleging prevalence of
P. SJVASWAMY v. STATE OF A.P [MISRA, J.] 349
bonded labour in stone quarries in several districts of Andhra Pradesh
A
and other areas was registered as Writ Petition No. 1574 of 1982. The
other three applications are similar matters. We propose to confine
reference to the first case as, through interlocutory orders, whatever
relief was necessary had been given in these matters.
On 25th of January, 1983, this Court made the following order: B
"Writ petition is adjourned for three weeks. Meanwhile
District Magistrate, Hyderabad, and a representative of
AWARE will jointly and together visit the site referred to
in the writ petition of the petitioner and make a report to
this Court in regard to the various averments made in the
writ petition. The report shall be made by the District
c
Magistrate, Hyderabad and the representative of the
AWARE within two weeks from today ..... ".
On 19th August, 1983, this Court again directed:
D
"The writ petition is adjourned to 28.9.83. Mean-
while, the respondent State of Andhra Pradesh will file an
affidavit setting out in detail facts and figures showing how
lnany bonded labourers have been identified and released
in the different districts of the State since 1.1.83 and
whether they have been rehabilitated and if so, in what E
manner and whether there is any follow up action. If there
are any freed bonded labourers who have not yet been
rehabilitated, the respondent State of Andhra Pradesh will
set out in· its affidavit whether any steps have been taken
for keeping track of them after their release and what mea-
sures it proposes to adopt in the immediate future for their F
rehabilitation. We are informed that Vigilance Committees
have been constituted in some of the districts of the State.
We would, therefore, direct that Vigilance Committees
shall be set up at a very early date in all the districts and
sub-divisions of the State and in these Vigilance Commit-
tees, social activists shall be included as members on the G
basis of their record of social commitment because it is now
recognised on all hands that it is only through the active
involvement of voluntary agencies and social action groups
that the problem of identification of bonded labour can be
solved. We would also direct that in every Vigilance Com-
mittee, constitu.ted or to be constituted, a representative of H
350 SUPREME COURT REPORTS [1988) Supp. 2 S.C.R.
AWARE if available, shall be included as a member in
A
order to ensure vigorous and effective implementation of
the programme of identification and rehabilitation of
bonded labour.
We would also like the district Judge, Krishna
B District to visit the stone quarries at Kailaspuram and
inquire whether there are still any workmen working in the
stone quarries against their will and whether the advances
made to the workmen are written off as promised by the
contractors and whether they are paying to the workmen
higher wages ranging from Rs.56 to Rs.75 per unit without
any deductions .......... ".
c
Soon after the report of the District Judge was received, this Court
made another order on 20th of October, 1983, where it was stated inter
alia:
D
"The second direction relates to the observance of
the various labour laws in stone quarries in Kailaspuram in
Krishna District. The State Government has made various
suggestions in the affidavit of Shri K. Parthsa~athy for the
purpose of ensuring observance of the labour laws for the
F benefit of the workers engaged in the stone quarries and
has also put forward a few other suggestions with a view to
improve the living conditions of the workmen. We hope
and trust that the State Government will, without any
undue delay, proceed to carry out these suggestions and
shall not wait for any directions to be given by this Court in
F that behalf. It appears from the report of the District Judge
that it is extremely doubtful whether the Labour laws are
being enforced properly. It is, therefore, necessary to
direct an inquiry for the purpose of ascertaining whether
the labour laws are being properly observed. There can be
no doubt that the stone quarry being a mine within the
G meaning of Mines Act, 1952, the provisions of Mines Act,
1952, the Mines Rules, 1955, Mines Vocational Training
Rules, Mines Crush Rules and Minimum Wages Act--~re
applicable to workmen employed/engaged in stone
quarries. So also the provisions of the Contract Labour
Regulations and Abolition Act are applicable. In case the
H work of the stone quarrying or any part thereof is entrusted
P. S!VASWAMY v. STATE OF A.P [MISRA, J.i 351
by the mine owners of the stone quarries or the lessee of A
stone quarries to contractor or labour/workmen are recrui-
ted through the agency of contractors, there are various
magnificent provisions enacted in these Jabour laws for the
benefit of persons engaged/employed in stone quarries and
it is essential that the benefits of these provisions must be
made available to the workmen. We would, therefore, B
direct Shri Lakshmidhar Mishra, Joint Secretary, Ministry
of Labour, Government of India, to visit the stone quarry
at Kailaspuram and to hold an inquiry for the purpose of
ascertaining whether there is existence of bonded Jabour
and whether the Mines Act, 1952, Mines Rules, 1955, _
Mines Vocational Training Rules, Mines Crush Rules and C
the Contract Labour (Regulatio.ns and Abolition) Act, and
the Minimum Wages Act, 1948, are being observed
Pursuant to these orders the District Judge of Krishna District,
AWARE and Mr. Lakshmidhar Mishra submitted three separate D
reports, copies whereof had been furnished to the respondents. It is
appropriate to indicate at this stage that the necessity to appoint Mr.
Lakshmidhar Mishra to go into the aspects indicated in the order refer-.
red to above arose out of the report of the District Judge as he had
indicated that several beneficial legislations meant for protecting the
interests of the workmen were not being enforced. E
On 10th of January, 1984, after the report by Mr. Mishra was
furnished to the Court, the following order was made:
"Pursuant to the order made by us on 20th of
October, 1983, Sri Lakshmidhar Mishra, Joint Secretary, P
Ministry of Labour, Governmentof India, visited the stone
quarries at kailaspuram and held an inquiry for the purpose
of ascertaining whether there is existence of bonded labour
and whether the Mines Act, 1952, Mines Rules, 1955,
Mines Vocational Training Rules, Mines Creche Rules, the
Contract Labour (Regulation & Abolition) Act, and the G
Minimum Wages Act are being observed or not. He has
submitted a report to the Court and copies of this report
have been supplied to the learned advocates appearing on
behalf of the parties. Mr. Ram Reddy, learned Advocate
appearing on behalf of the State of Andhra Pradesh has
reguested for time in order to consider_this r~port and he H
352 SUPREME COURT REPORTS [1988] Supp. 2 S.C.R.
has assured us that the suggestions and recommendations
A
of Shri Lakshmidhar Mishra in this report will be carried
out by the State of Andhra Pradesh to the extent feasible •
and in case of any difficulty, the matter will be brought to
the notice of the Court so that appropriate directions can
be given. We adjourn the writ petitions to 21.2.1984 in
B order to enable the State of Andhra Pradesh to carry out
the suggestions ,and recommendations made in the report
of Shri Lakshmidhar Mishra and to file appropriate affi-
davit setting out what steps and measures have been taken
by the State Government and if any of the suggestions and
recommendations have not been carried out what are the
difficulties in regard to the carrying out of such suggestions
. '•
c and recommendations and also as to how the State Govern-
ment propose to resolve them. We hope and trust that the
State of Andhra Pradesh will carry out the suggestions and
recommendations contained in the report of Shri Laksh-
midhar Mishra within the time allowed to them.
D
We also issue notice to the Central Government
which is responsible for the enforcement of the Mines Act,
1952, Mines Rules, 1955, Mines Vocational Training Rules
and Mines Creche Rules since it has already been held by
this Court in a judgment delivered on 16.12.1983 in the
E case of Bandhua Mukti Morcha v. Union of India &Ors.,
[1984] 3 sec 161 that stone quarries are mines within the
meaning of the Mines Act, 1952 and the provisions of the
Mines Act, 1952, Mines Rules, 1955, Mines Vocational
Rules and Mines Creche Rules are applicable to the stone
quarries. The Registry will forward to the Ministry of
F Mines as also to the Ministry of Labour, Government of
India, along with the notice, copies of the writ petitions and
of the report made by Shri Lakshmidhar Mishra. The Cen-
tral Government will in the meanwhile take steps to ensure
that the provisions of the Mines Act, 1952 and the con-
nected laws are observed in the stone quarries of Kailasgiri
G and make a report in that behalf of this Court before the
next date of hearing .......... .
As a result of the action taken by the Court in these
writ petitions, about 700 bonded labourers were freed
earlier and thereafter about 1,500 more bonded labourers
H were freed. The State of Andhra Pradesh a!So arranged for
P. SIVASWAMY v. STATE OF A.P [MISRA, J.] 353
their transportfrom Kailasgiri to their homes situated out- A
side the State of Andhra Pradesh. We would direct the
State of Andhra Pradesh to furnish to the Court at the next
hearing of the writ petitions a list of bonded labourers who
were thus freed and sent back to their homes so that we can
. give appropriate directions for their rehabilitation."
B
1. Pursuant to these directions, the State of Andhra Pradesh filed an
affidavit ana supplied particulars of 1417 persons freed from bonded
labour and took the stand that in regard to the remaining, particulars
were not available. The Union of India in the Ministry of Labour and
Rehabilitation also filed its affidavit through Shri J.K. Jain, Under
Secretary in the Ministry. On 7th of March, 1984, this Court made the C
following Order:
"The Uniou w rndia has filed a counter affidavit in
this case a copy of which has been supplied to Mrs. Hingo-
rani, Advocate for the petitioner. Copies have not yet been
supplied to the Advocate for the State of Andhra Pradesh D
and the same may be done immediately. The State of
Andhra Pradesh has filed an affidavit setting out a list of
1417 bonded labourers who have been released and repat-
riated to their respective State namely, Orissa, Karnataka
and Tamilnadu ......... We would direct the State of
Andhra Pradesh to prepare three separate lists of the E
released bonded labourers repatriated to the State of
.. '
Tamilnadu, the State of Karnataka and the State of Orissa
and supply copie~ of these lists to Mrs. flingorani on behalf
of the petitioner and also a copy of the concerned list to the
Advocates appearing on behalf of the States of Tamilnadu
and Karnataka. So far as the State of Orissa is concerned a F
copy of the concerned list shall be forwarded to the Chief
Secretary of. the State of Orissa and also served on the
standing counsel for the State of Orissa. Notice on the writ
petition shall be served on the State of Karnataka and
Orissa and also additionally on the standing counsel of these
two States. We would direct the State of Tamilnadu, G
Karnataka and Orissa to take immediate steps for the
purpose of rehabilitating these released bonded labourers
• who have been repatriated to their respective States as is
shown in the list supplied to them and then to inform the
court at the next hearing of the writ petition as to what
steps they have taken and are taking to rehabilitate them. H
3'i4 SUPREME COURT REPORTS [1988] Supp. 2 S.C.R.
It is the obligation of the State Government under the
A Bonded Labour Act, 1976 to rehabilitate the freed bonded
labourers. We would also suggest to the States of
Tamilnadu, Karnataka and Orissa that in constituting the
vigilance committees which are also to be associated in the
work of rehabilitation of the freed bonded labourers, they
B should involve the representatives of social action groups
and voluntary agencies operating in these areas and
whatever rehabilitation is provided to the freed bonded
labourers, must i,e provided in the presence of a represen-
tative of such social action groups or voluntary agencies so
as to ensure that rehabilitation provisions actually reach
the hands of such labourers. These three State Govern-
c ments will submit a report to this Court on or before 13th of
April, 1984 ........ ".
On 6th October, 1987, when the matter was again listed this
Court made the following Order:
D
"On 7th March; 1984, this Court directed the States
of Tamil Nadu, Karnataka and Orissa to take immediate
steps for rehabilitating the 1417 bonded labourers released
from the site in Ranga Reddy district. Directions were also
given to these three States to submit Reports of action
E taken. We are surprised that tnough three and a half years
have elapsed, there has been no compliance on behalf of
any of the States. We are .prepared to give one more
opportunity to these three States but on terms of costs.
A copy of the Report furnished by the State of Orissa
F to the Registry of this Court dated 4.11.86 is supplied to us
in Court by the counsel for the State of Orissa, which indi-
cates that 86 freed bonded labourers repatriated from
Andhra Pradesh came to that State. 80 of them have been
rehabilitated. Of the remaining six two left their place of
residence after getting rehabilitation assistance and in re-
G gard to the remaining four, it is stated that they have left
for unknown destination and efforts are on to trace them.
In the absence of any Report from the States of Tamil
Nadu and Karnataka it is not known as to how many of the
released bonded labourers went to those States and what
H happened to them. Counsel for the petitioner makes grie-
P. SIVASWAMY v. STATE OF A.P [MISRA, J.] 355
vance that a complete list of 1417 released bonded Jabour- A
ers has not been supplied to her in spite of the Court's direc-
tion. Counsel appearing for the State of Andhra Pradesh
who supplied the particulars to the Court is directed to
furnish such a list to the counsel for the petitioner as also to
the learned Standing Counsel for each of the three States
Karnataka, Orissa and Tamil Nadu. Each of the States is B
now directed within three weeks from today to furnish a
complete affidavit indicating how many of the bonded
labourers out of these 1417 came to the State and the
manner of rehabilitation provided. Unless a compliance
report is furnished as directed above, each of the States
shall be treated to be in contempt of this Court ....... .
c
Each of the three States is directed to pay into the
Registry of this Court a sum of Rs.5,000 by way of costs for
condtmation of the lapses and extention of a further
opportunity as indicated above within four weeks."
D
By way of complying with the aforesaid Order, the State of Orissa filed
an affidavit dated 27th October, 1987. It stated that as per the parti-
culars provided by the State of Andhra Pradesh only 86 bonded
labourers have been repatriated to the State of Orissa. According to
the affidavit of the Under Secretary to the Government of Orissa,
Community Development and Rural Reconstruction Department, one E
of the six alternatives available for rehabilitation had to be opted for
by the persons to be rehabilitated and 80 out of these 86 were ade-
quately rehabilitated by being provided with bullock with cart o'r
goatery/sheepery and cow or small tailoring shop, small grocery shop,
1
other small shop or possible combination of the above options with a
cash financial assistance of Rs.4,000. Out of the six left out, two had Fi
gone away from their place after partly getting rehabilitation assist-
ance and the remaining four could not be traced.
The State of Tamil Nadu furnished the particulars by an affidavit
through its Deputy Secretary in the Social Welfare Department. The
particulars furnished by the State of Andhra Pradesh indicated that a G
-· total of 1255 bonded labourers had been repatriated from Andhra
Pradesh to Tamil N adu being 556 from Krishna district, 625 from
Ranga Reddy and 74 from Nalgonda. Paragraph 6 of this affidavit
states:
" ......... I beg to enclose a true copy of the letter H
•
356 SUPREME COURT REPORTS [1988] Supp. 2 S.C.R.
..... dated 26.6.87 addressed to the District Collectors as
A.
Annexure VI. I beg to submit that subsequent reminders
have also been sent to District Collectors. So far particulars
have been received from some of the District Collectors
and details from other Collectors are awaited."
B and extension of three months' time was asked for. The affidavit was
sworn on the 28th of October, 1987. Later a further affidavit was filed
by the Commissioner and Secretary to the Government in Social
Welfare Department of the State of 1'amil Nadu disclosing arrival of
138 of these families in Salem. Paragraph 4 gave taluk-wise details of
the families. In this affidavit, it is stated:
c "It is submitted that the Government of Tamil Nadu
have since issued orders fat the grant of cash assistance
from Cheif Minister's Public Relief Fund at the rate of
Rs.1,000 per family for the 138 families. It is also proposed
to rehabilitate the bonded labourers as follows:
D
(i) Supply of quarrying implements like hammer and
crow bar etc. at the rate of one set for each family
free of cost.
(ii) It is proposed to form an Industrial Cooperative
E Society. The District Rural Development Agency,
Salem is to purchase two stone crushing machines at
Rs.1. 75 lakhs each of which 50% will be subsidy from
Integrated Rural Development Programme and the
remaining 50% as loan from the Government. Share
capital and interest free working capital loans are to
F be sanctioned by Government.
(iii) Construction of thatched sheds for the 138
families at Rs.1,000."
Further affidavits have come from the State of Tamil Nadu through its
G different officers but a complete disclosure has not yet been made in
regard to the bonded labourers who have been repatriated from '
Andhra Pradesh,
There was, however, no compliance from the State of Karnataka
by the time the matter came up before this Court on 3rd November,
H 1987. On that day, the Court made the following order:
P. SIVASWAMY v. STATE OF A.P [MISRA, J._] 357
"Learned Advocate General appearing for the State
A
of Karnataka requires eight weeks' further time to comply
with the previous directions. We find that all other States
have complied with the directions. Advocate General
assures as that within this time .counter-affidavit will be
produced before the Court. We expect the counsel to deal
with the up-to-date situation. Counsel for the State of B
Tamil Nadu states that if given time they will file a better
further affidavit ...... "
In the affidavit of the Deputy Secretary to the Government in the
' Social Welfare. Department sworn on 3 lst of December, 1987, on
behalf of the State of Tamil Nadu it has been further submitted that:
c
"apart from 1255 bonded labourers, the Government
of Tamil Nadu have rehabilitated 825 bonded labourers
) who were identified and released from the States of
Andhra Predesh and Karnataka and settled in Tamil Nadu.
ln all, 1080 bonded labourers of the States of Andra D
Pradesh and Karnataka, including i255 bonded labourers
of Andhra Pradesh covered in these writ petitions have
been given relief measures. The details are furnished in
Annexure II."
Annexure II shows that 1384 freed bonded labour families have been E
given a total financial assistance of Rs.10,21,460 and on the average .it
works out to Rs.738 per family which is certainly inadequate for re-
habilitation. Unless there is effective rehabilitation the purpo.se of this
Actwould not be fulfilled. Up-rooted from one place ot oonde'd labour
conditions the persons are likely to be subjected to the same. m1sc01et
at another place. The net result would be that the steps taken by this P
Court would be rendered ineffective and there would be mounting
frustration because the persons who were up-rooted :trom a place
where they were working under bonded labour situations ..
On 11th of May, 1988, when the matter was ad joured to 18th of
July, 1988, the Court made the following order: G
'The matter he called on 18.7.88. In the meantime
State of Karnataka will take further steps to identify the
persons and trace their whereabout. If they are traced out,
steps for their rehabilitation should be taken ........ ".
H
358 SUPREME COURT REPORTS [1988] Supp. 2 S.C.R.
We are sorry to indicate that there has been really no effective co-
A
operation by the State of Karnataka in spite of several accommoda-
tions granted by the Court and assurances by its counsel.
We have referred to the several orders made by this Court from
time to time during these five year's that the proceedings have been
B before this Court with a view to impressing on all the concerned as to
how difficult it is to work out the Act and to give effect to the scheme
of rehabilitation contemplated by the Statute.
Article 23 in the Chapter of Fundamental Rights provides:
'
"Traffic in human beings and begar and other similar
c forms of forced labour are prohibited, and any contraven-
tion of this provisions shall be an offence punishable in
accordance with law."
Article 42 of the Constitution makes it the obligation of the State to
D make provision for securing just and human conditions of work. There
are several other Articles in Part IV of the Constitution which indicate
that it is the State's obligation to create social atmosphere befitting
human dignity for citizens to live in. The Bonded Labour System
(Abolition) Act of 1976 defines "bonded labour" and section 4 thereof
makes a statutory declaration that-
E
"On the commencement of this Act, the bonded
labour system shall stand abolished and every bonded
labourer shall, on such commencement, stand freed and
discharged from any obligation to render any bonded
labour."
F
Detailed provisions have been made for extinguishment of liability to
repay bonded debt, implementing authorities have been set up, vigi-
lance committees have been provided, resort to bonded labour has
been made an offence and .steps for rehabilitation have also been
indicated. Laws, however beneficial they may be, are difficult to be
G implemented unless the requisite social consciousness has grown. The
system of Bonded Labour has prevailed in this country for centuries.
The gap in economic conditions has been the main cause for this. This
Court in Bandhua Mukti Morcha v. Union of India, (supra) said:
"The system of bonded labour has been prevalent in
H various parts of the country since long prior to the attain-
P. SIVASWAMY v. STATE OF A.P !MISRA, J.] 359
ment of political freedom and· it constitutes an ugly and
A
shameful feature of our national life. This system based on
exploitation by a few socially and economically powerful
persons trading on the misery and suffering of large
numbers of men and holding them in bondage is a relic of a
feudal hierarchical society which hypocitically proclaims
the divinity of man but treats large masses of people B
belonging to,"the lower rungs of the social ladder or
economically impoverished segments of society as dirt and
chattel. This system under which person can be bonded to
provide labour to another for years and years until an
alleged debt is supposed to be wiped out-which never
seems to happen during the life-time of the bonded
labourer is totally incompatible with the new egalitarian c
socio-economic order which we have promised to build and
it is not only an affront to basic human dignity but also
constitutes gross and revolting violation of constitutional
values."
D
The society envisaged under the constitutional set-up can no more
take bonded labour as a part of it. Every citizen must be prepared to
accept every other citizen as a person equal to him for en joying the
soda! benefits and the guarantees provided under the Constitution. It
must, therefore, become a conscious obligation of every employer not
to take advantage of the economic disability of a brother citizen and E
force him into the system of Bonded Labour. It must equally be the
obligation of every citizen to cooperate in bringing about abolition or
what is conpemned by the laws as Bonded Labour; otherwise, the
beneficial legislation would remain on paper with mere a statutory
declaration of abolishing bonded labour as provided in section 4 and
yet continue to prevail unabated in the community. Tolstoy said: F
"The abolition of slavery has gone on for a long time.
Rome abolished slavery. America abolished it and we did,
but only the words were abolished, not the thing."
Identifying bonded labour is the re.al difficult task because very often G
ever: the wcrkmen working under Bonded Labour system are not pre-
pared to disclose their unfortunate situation and become a party to its
continuance by c01laborating with the employer.
The concern of this Court in a matter of this type has been
sufficiently indicated in Bandhua Mukti Morcha, case (supra)_: Repeti- H
360 SUPREME COURT REPORTS [1988] Supp. 2 S.C.R.
hon at greater length thereof is perhaps not warranted. Twelve years
A
have passed since the law came into the Statute Book and surprisingly
it came 26 years after the Constitution came into force. In 38 years
under the Constitution, we have not been able to generate appropriate
attitudes and dispositions to live amicably in the polity. Instead of
appropriate consciousness manifesting itself contra-indications have
B widely appeared. Even those on whom the Statute casts the responsi-
bility of implementing the provisions of the Act do not appear to be in
a situation to respond. It is difficult for the Court to entertain repeated
complaints of this type and devote attention by way of monitoring the
administration of the Act, as has been done in this case. We are
surprised that about three years were necessary to persuade the State
c of Andhra Pradesh (where bonded labour was identified and from
where repatriation was necessary) and the States of Kamataka, Orissa
and Tamil N adu where rehabilitation was to be provided to perform
their statutory obligations. Here again Karnataka has not yet done its
part. Once notice was issued to them there should have been
immediate response and the obligations cast under the Statute should
D have been readily discharged. The States should have indicated their
regrets to the Court that at their level they had failed to satisfy the
requirements of the law and this Court's interference has become
necessary. This only shows how unsatisfactory the situation is. Where
the man below the poverty line is a citizen entitled to all the benefits
and protections so eloquently put into the Constitution, are 38 years
. E not sufficient to generate the appropriate consciousness?
Before we part with the case we must again indicate that there
has been no satisfactory compliance in regard to rehabilitation by the
State of Karnataka. They are given two months' extended time from
today to file an affidavit before this Court that there has been total
F compliance regarding rehabilitation in respect of those persons who
come to Karnataka and when that affidavit is filed, the matter should
be placed before us for a further direction by way of a Civil Miscellane-
ous proceeding. That matter should be listed before this Court on 26th
October, 1988. We can only at this stage administer the warning that
the matter shall be very strictly viewed in the event of continued
G failure.
We must record our appreciation for the assistance rendered by
Mr. Lakshmidhar Mishra as also the management of AW ARE. Report
given by A WARE is indicative of how objective and at the same time
informative can the social activists be when entrusted with this type of
H work. Gandhiji once said:
P. SIVASWAMY v. STATE OF A.P [MISRA, J.] 361
"The earth has enough for every man's need bulnot A
for evety man's greed."
The employer who employs the bonded labour should remember this
statement of the Father-of the Nation.
We make no directions for costs at this stage. No separate orders B
are necessary in the connected writ petitions.
H.S.K.
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