PUBLIC UNION OF CLVIL LIBERTIESversusSTATE OF TAMIL NADU AND ORS.

A                  PUBLIC UNION OF Cl!VL LIBERTIES
                                        v.
                    STATE OF TAMIL NADU AND ORS.

                                 MAY 5, 2004
B
              [RAJENDRA BABU, CJ. AND G.P. MATHUR, j_]

         Labour Laws :

          Bonded Lahour System !Abolilion) Act, 1976--Migrant Bonded
C   Labourers--Abolition of system-Endeavours for-Various Reports,
    submissions and affidavits suggested rehabilitation of honded labour to
    be main problem in abolition of the system-Involvement of NGO
    suggested--Directions issued to Union and State Governments to
    constitute vigilance committees. to make arrangements for rehabilitation
D   on its own or with the help of philanthropic organisarions or NGOs
    and to make arrangements to sensitise the authorities in respect to
    their duties under the Act.

         Plight of Migrant Bonded Labourers was brought to the notice
E   of Supreme Court. The Court by its order dated 11.5.97 asked National
    Human Rights Commission (NHRC) to monitor and implement
    directions of the Court. NHRC constituted Group of Experts who in
    its report inter a/ia pointed out that implementation of the Act
    encompasses three functions namely, identification, release and
                                                                                 '
F   rehabilitation of bonded labour and suggested involvement of NGO in
    endeavour to abolish the system. ln response to the Report, Amicus
    Curiae suggested to organize Model Workshop involving Distt.
    Magistrate and other statutory authorities to sensitize them.

         Issuing directions to the Union of State Governments, the Court
G
          HELD: 1. In view of the Report of the Expert Group, respondents
    to it by the Governments and that of the Amicus Curie, the Report of
    the NHRC and the various affidavits on record, the major issue that
    is to be solved is the aspect relating to rehabilitation of bonded labour.
H   Once the bonded labourers are identified and released, they have to
                                       64
                PUBLIC UNION FOR CIVIL LIBERTIES v. STATE                 65

     be rehabilitated forthwith. The rehabilitation and related aspects are A
     not given adequate consideration till now. If attention is concentrated
     to identification and release of bonded labour, they will languish in
     streets, if there are no well chalked out corresponding plans for
     rehabilitation. Hence, the primary direction shall be aimed at evolving
     and implementing rehabilitation plans. Always the State may not be B
     in a position to reach out to the needy. The services of philanthropic
     organizations or NGOs could very well be utilized for rehabilitating
     released bonded labourers. State could give necessary financial
     assistance under proper supervision. [68-E-H; 69-A]

                                                                               c
            2. Considering the vitality of rehabilitation issue in the endeavours
      to abolish bonded labour, at this stage, it is directed that all States and
      Union Territories must submit their status report in the form prescribed
      by NHRC every six months; shall constitute Vigilance Committees at
      the District and Sub-Divisional levels in accordance with Section 13 of D
      Bonded Labour System (Abolition) Act, 1976 within a period of six
      months from the date of judgment shall make proper arrangements
      for rehabilitating released bonded labourers. Such rehabilitation could
      be on land-based basis or non-land basis or skilled/craft based basis
      depending upon the choice of bonded labour and his /her inclination E
      and past experience. If the States are not in a position to make
      arrangements for such rehabilitation, then it shall identify two
      philanthropic organizations or NGOs with proven track record and
    . good reputation with basic facilities for rehabilitating released bonded
      labourers within a period of six months. They shall chalk out a detailed
      plan for rehabilitating released bonded labourers either by itself or F
      with the involvement of such organizations or NGOs within a period
      of six months. They shall submit a plan within a period of six months
      for sharing the money under the modified Centrally Sponsored Scheme,
      in case where the States wish to involve such organizations or NGOs.
      They shall make arrangements to sensitize the District Magistrate and G
      other statutory authorities/committees in respect of their duties under
      the Act. (69-B-H; 70-A[

t         CIVIL ORIGINAL JURISDICTION : Writ Petition (C) No. 3922 of
     1985.                                                            I-I
    66                 SUPREME COURT REPORTS [2004] SUPP. 2 S.C.R.
A        (Under Article 32 of the Constitution of India.)

       A.K. Ganguli, (AC), Kapil Sibbal, (AC) (NP), P.P. Malhotra, Ashok
  Bhan, Ugra Shankar Prasad, P.C. Sen, S.K. Agnihotri, A. Mariarputham,
  Ms. Aruna Mathur, Javed Mahmud Rao, Raj Kumar Mehta, Janaranjan
B Das, Ms. S. Mishra, Ms. M. Gahlot, Ms. S. Janani, Ranji Thomas, Ms.
  Bharati Upadhyaya, V.N. Raghupathy, Ms. Hemantika Wahi, Ms. Monika
  Bapna, T.V. Ratnam, Ranjan Mukherjee, Sanjay R. Hegde, Ms. Krishna
  Sarma, V.K. Sidharthan, Naresh K. Sharma, Jagdev Singh Manhas, G.
  Prakash, K.R. Sasiprabhu, Mrs. V.D. Khanna, Ms. Kamini Jaiswal, V.G.
C Pragasam, Heman! Sharma, Ms. Anil Katiyar, Satbir Pillavia, Mrs. Kiran
  Bhardwaj, Ms. A. Subhashini, Jatinder K. Bhatia, R.S. Suri, Ms. Rachna
  Srivastava, Anil Srivastava, Ms. Kavita Wadia, Praveen Kumar Rai, Navin
  Prakash, Anurag Sharma, Gopal Prasad, Prakash Shrivastava, Gopal Jain,
  R.C. Verma, Mukesh Verma, Manish Shanker, Rajiv Mehta, Rudreshwar
  Singh, R.M. Sharma, Gopal Singh, Mukesh K. Giri, P.N. Ramalingam, V.
D Balaji, Kumar Rajesh Singh, B.B. Singh, J.S. Attri, Ms. U. Hazarika, Ms.
  Madhir Sharma, Ms. Sumita Hazarika, R.K. Rathore and D.S. Mehra, for
  the appearing parties.

         The Judgment of the Court was delivered by
E
        RAJENDRA BABU, CJ. : The plight of migrant bonded labourers
  from Tamilnadu, who were being subjected to exploitation in Madhya
  Pradesh, was originally brought to the notice of this Court through this
  petition. Later the scope of this petition was expanded so as to cover the
                                                                                  ,.
F problems relating to the bonded labourers in all States and Union Territories
  in the country. This Court vide Order dated 11-5-1997 asked the National
  Human Rights Commission (NHRC) to take over the monitoring of the
  implementation of the directions of this Court and that of the provisions
  of the Bonded Labour System (Abolition) Act, 1976 (the Act). It is brought
  to our notice that the NHRC has been interacting with the Ministry of
G Labour and with Special Rapporteurs, with the State Governments to
  evolve suitable measures to solve the problem of bonded labour. In the
  meantime the NHRC constituted a Group of Experts to closely examine
  the matter and to prepare a report on the status, suggest methods of
  improving the existing schemes, suggest recommendations to effectively
H implement the laws for abolition of bonded labour system and other
    PUBLIC UNION FOR CIVIL LIBERTIES v. STA TE [RAJENDRA BABU, CJ.]        67

    connected matters. An Action-taken-Report filed by the NHRC was A
    considered by this Court on 19-1-200 I.

         On 6-6-2001 the Report of Expert Group was submitted to this Court.
    First pai1 of this Report contains a status report on the work relating to the
    abolition of the bonded labour system in the various States. Then the report B
    detailed the position of the various existing schemes and made several
    recommendations to improve the present works relating to the abolition of
    bonded labour system. They also made considered proposals to amend the
    Act so as to make the Act more effective. The Report correctly pointed
    out that the implementation of the Act encompasses three functions, C
    namely, identification, release and rehabilitation of bonded labour. They
    also suggested involving NGOs in the endeavours to abolish bonded
    labour. As per directions of this Court, State Governments, Union Territories
    and learned Amicus Curiae submitted their responses to the report of Expert
    Group. In his response dated 5-9-2002, learned Amicus Curiae made two D
    important suggestions. Firstly to organize Model Workshop in an appropriate
    district in any State involving the District Magistrate and other statutory
    authorities/committees not only to sensitize them in respect of their duties
    under the Act but also to help them in achieving the objectives of the statute
    in full measure and secondly, to establish a Model Rehabilitation Centre. E
    [nits Report dated 27-3-2003, the NHRC agrees with the suggestions made
    by learned Amicus Curiae.

          The Union of India, in response to the report of the learned Amicus
>
    Curiae submitted that the central issue in solving bonded labour system
    is the rehabilitation of released bonded labours. They also detailed the F
    various schemes and financial assistance packages that are made available
    from the Union coffers. It is also submitted that the Ministry of Labour
                                              a
    in consultation with the NHRC is preparing detail manual for identification,
    release and rehabilitation of the bonded labourers, pmicularly in planning
    and executing the suitable rehabilitation package for the released bonded G
    labourers. Therefore, they submitted that any specific rehabilitation package
    couldn't be considered ideal for all the released bonded labourers who are
    required to be rehabilitated at various places. In response to the NHRC
    Report dated 27-3-2003, the Union submitted that in any case rehabilitation
    centre is established, sufficient land area would have to be provided at a H
    68                 SUPREME COURT REPORTS (2004] SUPP. 2 S.C.R.

A particular place by the State Government concerned; which would be
  tremendous task for the Stat•e government in the present socio-economic
  conditions. In this context. the Union made clear their preference to the
  existing centrally sponsored scheme, wherein a freed bonded labour is
  rehabilitated on land based basis. non-land basis and skilled/craft based
B basis depending upon the choice of bonded labour and his/her inclination
  and past experience. It is also submitted that the Ministry of Labour release
  grants to the State governments for rehabilitation of bonded labour on
  receipt of complete proposals from the State Government concerned.
  Under the modified Centrally Sponsored Scheme for rehabilitation of
  bonded labour effective from May 2000 the rehabilitation assistance to the
c extent of Rs. 20,000 per bonded labour is provided for his/her rehabilitation.
  The Central and State governments on 50:50 bases share the expenditure.
  In case of North-Eastern States and Sikkim 100% rehabilitation grants are
  provided by the Central Government. The migrant bonded labourers, as per
  guidelines, are to be rehabilitated at the place of his/her choice. And under
D this scheme, the State Governments shall provide Rs. I000 as substance
  allowance to a bonded labour immediately on his/her identification.

          After going through the detailed Report of the Expert Group,
    responses to it by the Governments and that of the learned Amicus Curiae,
E   the Report of the NHRC and the various Affidavits on record, we could
    easily arrive at the conclusion that the major issue that is to be solved is
    the aspects relating to rehabilitation of bonded labours. Once the bonded
    labours are identified and released, they have to be rehabilitated fonhwith.
    It is a sad reality that the rehabilitation and related aspects of bonded        ,
F   labours are not given adequate consideration till now. If we are now
    concentrating our attention to identification and release of bonded labours,
    they will languish in streets . ifthere are no well chalked out corresponding
    plans for rehabilitation. Hence, in our considered opinion the primary
    direction shall be aimed at evolving and implementing rehabilitation plans.

G           In modem days Civil Society is playing a greater role in nation
    building exercise. The commendable roles played by NGOs in very many
    situations strengthen the confidence of general public in NGOs. Always
    the State may not be in a position to reach out to the needy. As we have
    experienced in the past, Civil Society could efficiently fill up this gap. Now
H   it is time for more interaction between Civil Society and State machinery
PUBLIC UNION FOR CIVIL LIBERTIES v. STATE [RAJENDRA BABU, CJ.]          69

in implementing social service schemes. The services of philanthropic A
organizations or NGOs could very well be utilized for rehabilitating
released bonded labours. State could give necessary financial assistance
under proper supervision.

      Considering the vitality of rehabilitation issue in the endeavors to     B
abolish bonded labours, at this stage, we are issuing the following
directions.

     1.   All States and Union Territories must submit their status report
          in the form prescribed by NHRC in every six months.
                                                                               c
     "    All the State Governments and Union Territories shall constitute
          Vigilance Committees at the District and Sub-Divisional levels
          in accordance with Section 13 of the Act, within a period of six
          months from today.

          All the State Governments and Union Territories shall make
                                                                               D
          proper arrangements for rehabilitating released bonded labours.
          Such rehabilitation could be on land-based basis or non-land
          basis or skilled/craft based basis depending upon the choice of
          bonded labour and his/her inclination and past experience. If the
          States are not in a position to make arrangements for such E
          rehabilitation, then it shall identify two philanthropic
          organizations or NGOs with proven track record and good
          reputation with basic facilities for rehabilitating released bonded
          labours within a period of six months.
                                                                               F
     4.   The State Governments and Union Territories shall chalk out a
          detailed plan for rehabilitating released bonded labours either by
          itself or with the involvement of such organizations or NGOs
          within a period of six months.

     5.   The Union and State Governments shall submit a plan within a G
          period of six months for sharing the money under the modified
          Centrally Sponsored Scheme, in the case where the States wish
          to involve such organizations or NGOs.

     6.    The State Governments and Union Territories shall make H
    70                 SUPREME COURT REPORTS (2004] SUPP. 2 S.C.R.

A             arrangements to sensitize the District Magistrate and other
              statutory authorities/committees in respect of their duties under
              the Act.

         The Union and State governments are directed to file Affidavits
B delineating the above aspects within a period of six months. All other
    aspects pointed out by the NHRC and other directions suggested to be
    issued by the learned Amicus Curiae would be considered thereafter.
                                                                                   •
         Before parting with, it is necessary to place on record that this Court
    is beholden to the learned Amicus Curiae Mr. A K Ganguly (Senior
C   Advocate) for the serv!ces rendered by him.

    K.K.T.                                                  Matter is pending.




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