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Dec 16 1983 (SC)

Bandhua Mukti Morcha Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Reported in : AIR1984SC802; 1984LabIC560; 1983(2)SCALE1151; (1984)3SCC161; [1984]2SCR67; 1984(16)LC29(SC)

..... .33. it was contended by the learned additional solicitor general on behalf of the state of haryana that in the stone quarries and stone crushers there might be forced labourers but they were not bonded labourers within the meaning of that expression as used in the act, since a labourer would be a bonded labourer only if he has or is presumed to have incurred a bonded debt and there was nothing in the present case to show that the workmen employed in the stone quarries and stone crushers had ..... developing existing skills, promoting traditional arts and crafts, provision of wage employment and enforcement of minimum wages, collection and processing of minor forest produce, health, medical care and sanitation, supply of essential commodities, education of children of bonded labourers and protection civil rights; (iii) there is scope for bringing about an integration among the various central and centrally sponsored schemes and the on-going schemes of the state governments for a more qualitative ..... are not drawn from different sources for the same purpose drawn from different sectors for different components of the rehabilitation scheme are integrated skillfully; and(iv) while drawing up any scheme/programme of rehabilitation of freed bonded labour, the latter must necessarily be given the choice between the various alternatives for their rehabilitation and such programme should be finally selected for execution as would need the total requirements of the families of .....

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May 08 1984 (SC)

Neeraja Chaudhary Vs. State of M.P.

Court : Supreme Court of India

Reported in : AIR1984SC1099; 1984(2)Crimes511(SC); 1984LabIC851; 1984(1)SCALE874; (1984)3SCC243

..... state government and the state government was directed to 'inform the court at the next hearing of the writ petition as to whether they have framed any scheme or schemes for rehabilitation of bonded labourers, whether any vigilance committees have been constituted in the district of bilaspur and whether any and if so what steps have been taken or are being taken for rehabilitating 135 workers who ..... bilaspur district in september 1982 with a view to ascertaining whether or not the process of rehabilitation as promised by the chief minister had commenced, she found that most of the released bonded labourers who belonged to these three villages had not yet been rehabilitated though about six months had passed since their release and they were living almost on the verge of starvation. ..... of no consequence and in the absence of proper arrangement for such rehabilitation being made, the entire purpose of the act will be frustrated and the vice of the bonded labour system which the legislature thought it fit to abolish in the larger interest not only of our country, but also of humanity as a whole will continue to perpetuate its evil existence.12. ..... of indian rural life for large numbers of unfortunate ill-starred humans in this country and it would be nothing short of cruelty and heartlessness to identify and release bonded labourers merely to throw them at the mercy of the existing social and economic system which denies to them even the basic necessities of life such as food, shelter .....

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Aug 10 1988 (SC)

P. Sivaswamy Vs. State of Andhra Pradesh

Court : Supreme Court of India

Reported in : AIR1988SC1863; JT1988(3)SC441; 1988LabIC1680; 1988(2)SCALE484; (1988)4SCC466; [1988]Supp2SCR346

..... in every vigilance committee, constituted or to be constituted, a representative of aware if available, shall be included as a member in 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 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 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 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 be provided in the presence of a representative of such social action groups or voluntary agencies so as to ensure that rehabilitation provisions actually reach ..... statutory declaration that-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.detailed provisions have been made for extinguishment of liability to repay bonded debt, implementing authorities have been set up, vigilance committees have been provided, resort to bonded labour has been made an offence and steps for rehabilitation have .....

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Oct 15 2012 (SC)

Public Union for Civil Liberties. Vs. State of Tamil Nadu and ors.

Court : Supreme Court of India

..... constituted by the nhrc be followed and implemented by all the states/uts with suitable modifications to suit local conditions.6) all the states/uts should calculate firm requirements of fund for rehabilitation of freed bonded labourers and steps be taken to enhance the rehabilitation package from the present limit of rs.20,000.7) the district magistrates are directed to effectively implement sections 10, 11 and 12 of the act and we ..... regulation) act are also properly and effectively implemented.9) directions are issued to all gram panchayats, local bodies to report, in case they come across any case of bonded labour, to the district magistrate who will take appropriate follow up action under the act.10) the states of andhra pradesh, west bengal, jharkhand, bihar and the nct of ..... the nhrc further states that investigation/inquiry into specific complaints about bonded labourers were generally left by the states/uts to be undertaken by the field officers of very low ranks who lack both professionalism as well as sensitivity to conduct such inquires and even existence of bonded labourers were detected in the states/uts, states/uts permitted compromise or settlement though ..... this should be done in every three years and committees also should be reconstituted in every three years.3) bonded labour, it may be noticed, is rampant in brick kilns, stone quarries, crushing mines, beedi manufacturing, carpet weaving, construction industries, agriculture, in rural and urban unorganized and .....

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Aug 13 1991 (SC)

Bandhua Mukti Morcha Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Reported in : AIR1992SC38; JT1991(3)SC408; 1991(1)SCALE295; (1991)4SCC174; [1991]3SCR524

..... 1976 were seeking to implement the mandate of article 23 of the constitution but while statutory provision had been made, taking into account the fact that the pernicious 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 ..... the following assignment:(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 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 or they want to go away and if he finds that they want to ..... .this committee shall within six weeks from now check up the particulars provided in the list by the petitioner, identify the persons claimed to have been bonded labour and collect all relevant material in respect of them; so as to assist this court to make further directions in terms of the requirement of the scheme to rehabilitate them. .....

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May 05 2004 (SC)

Public Union for Civil Liberties Vs. State of Tamil Nadu and ors.

Court : Supreme Court of India

Reported in : 2004(5)ALLMR(SC)670; [2005(104)FLR407]; [2004(3)JCR184(SC)]; (2004)IIILLJ7SC; 2004(5)SCALE690; (2004)12SCC381

..... 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 basis depending upon the choice of bonded labour and his/her inclination and past experience. ..... 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. ..... 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 ..... 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). ..... of this report contains a status report on the work relating to the abolition of the bonded labour system in the various states. ..... as substance allowance to a bonded labour immediately on his/her identification.4 ..... 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 labors. ..... brought to our notice that the nhrc has been interacting with the ministry of labour and with special rapporteurs, with the state governments to evolve suitable measures to solve the problem of bonded labour. .....

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Jan 09 1992 (SC)

T. Chakkalackal Vs. State of Bihar and ors.

Court : Supreme Court of India

Reported in : JT1992(1)SC106; 1993Supp(4)SCC211

..... report gives an indication of the duration of bondage and in some cases if would appear that after the death of the father who worked as bonded labour, his son was required to work for the same employer (malik) since the debt incurred by his father was outstanding. ..... order dated 22nd november, 1991, the state of bihar was directed to clarify the following three points:(i) whether any of the bonded labourers about whom enquiry is made, have been settled in any government programme and, if so, the details may be furnished. ..... section 6 of the said act on the commencement thereof every obligation of a bonded labourer to repay any bonded debt or such part of any bonded debt as remains unsatisfied immediately before such commencement shall be deemed to have been extinguished ..... it would appear from the final report that out of 350 bonded labourers; the earlier report was in respect of 181 32 labourers totaling 213 detailed in annexures 'b' and 'c, annexure 'd' related to 85 persons and annexure 'a' related to 57 persons and they were summoned by the ..... judge after referring to the relevant provisions of the law and the decision of this court in bandhua mukti morcha concluded that the various ingredients which go to make a labourer a 'bonded labourer' within the meaning of the act were not satisfied. ..... (iii) the details of the immoveable property of the alleged bonded labourers based upon the records maintained in the office of anchaladhikari.but it appears that no report was submitted by the .....

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Apr 17 2012 (HC)

Gopal Chettiyar Vs. Represented by Inspector of Police

Court : Chennai

..... rigorous imprisonment and to pay a fine of rs.300/- in default to undergo three months simple imprisonment for an offence under section 16 of bonded labour (abolition) act, 1975 and 12 months rigorous imprisonment and to pay a fine of rs.300/- in default to undergo three months simple imprisonment for an offence under section 17 of bonded labour (abolition) act, 1978 and 12 months rigorous imprisonment and to pay a fine of rs.300/- in default to undergo simple imprisonment for ..... three months for an offence under section 18 of bonded labour (abolition) act, 1976 confirmed on appeal by the learned additional district and sessions judge, krishnagiri in crl.a.no.119 of 2007, ..... of the prosecution case are as follows:-the revision petitioner / accused namely, gopal chettiar had engaged minors as bonded labourers after paying a sum of rs.3,000/- to venkatesan s/o muniappan, rs.2,500/- to venkatesan s/o mallan and rs.1,000 ..... for a period of 12 months, (c) the sentence of rigorous imprisonment imposed under section 17 of 1976 for a period of 12 months and (d) the sentence of rigorous imprisonment imposed under section 18 of 1976 of bonded labour (abolition) act, but, however the fine amount imposed on the accused is confirmed. .....

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Sep 21 2004 (HC)

Sannasomannara Somashekarappa and ors. Vs. Gorappa Rudraswamy and ors.

Court : Karnataka

Reported in : 2005CriLJ1; ILR2004KAR4606; 2004(7)KarLJ582; (2005)ILLJ621Kant

..... section 2(g) of the act, already there must be debt or liability incurred by the parents or the persons who have been directed to work as bonded labour and further submitted that it is neither a case of bonded labour nor was there any liability incurred by the ascendants of the boys who had been released. ..... on 24.9.01 the deputy commissioner of davangere district had freed four children who were alleged to have been working as bonded labourers with the petitioners and directed the revenue inspector of kasaba hobli, , davangere taluk to register a case against the ..... the petitioners have sought for quashing the entire proceedings pending before the executive magistrate/ assistant commissioner, davangere for the offence punishable under section 16 of the bonded labour system (abolition) act 1976 (for short 'the act') pending in case nos. ..... the petitioners must attract the definition of 'bonded labour system' which means the system of forced, or partly forced labour under which debtor enters or has or is presumed to have entered into an agreement with the creditor to the effect that in the event of failure of the debtor to repay the debt obtained by him or by any of his lineal ascendants or descendants for any economic consideration received by him he would render bonded labour on behalf of the debtor.9. ..... the act was to implement the mandate provided under article 23 of the constitution to abolish pernicious practice of bonded labour which is prevailing in this country for centuries. .....

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Feb 21 1991 (SC)

Bandhua Mukhti Morcha Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Reported in : (1999)IIILLJ99SC

..... this committee shall within six weeks from now check up the particulars provided in the list by the petitioner, identify the persons claimed to have been bonded labour and collect all relevant material in respect of them; so as to assist this court to make further directions in terms of the requirement of the ..... according to this information, the number of bonded labourers identified in haryana state is 544 out of which 21 are stated to have been rehabilitated and the rest 523 are stated to be not available for rehabilitation.the enclosed statement in respect of haryana indicated the number of bonded labourers identified to be 544 out of which number of bonded labourers rehabilitated is 21 as on 30th november, 1990, and the balance ..... 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 ..... all these bonded labourers were stated to have been rehabilitated except 124 who left on their own, 96 were not willing to go back, two expired due to natural death.it was further stated by the government of haryana that for identification of bonded labour, vigilance committees at each district and sub-divisional levels have been constituted in accordance with section 13 of the bonded labour system ..... from the office of the finance commissioner and secretary to the government of haryana, 544 bonded labourers were detected and identified in that state as on 30th november, 1990. .....

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