Varshini. N. K & Vijayenthira Poopathy. D. G, Crescent School of Law, BS Abdur Rahman Crescent Institute of Science and Technology, Chennai
ABSTRACT
Bonded labour is delineated as a connection between employer and employee with loan as consideration. India’s culture is a product of class relations, a colonial history and a persistent poverty. On the whole, this culture is termed as socio-economic culture. Bonded labour is the sequel of forced labour as well debt bondage. Exploitation and patronage are considered to be as the main instruments involved in the bonded labour. Not all bonded labours are forced, but all forced labours are bonded. Here, the labourers are both adult as well as children. It is a heinous crime which prevailed decades ago which incorporated several other major crimes such as caste discrimination, corruption, zamindari system mentioned under article 31 which was later declared ultra-vires in reference with 44th constitutional amendment which was passed in the year 1978. In most of the scenarios workers are thriving so hard than the prescribed time without knowing when such bonded labour will come to an end, to repay their debt. Bonded labour is so prevalent in rural areas than in urban areas though found in quantizable amount in urban areas too. Keeping the remuneration they get from the land lords, poor tenants were convinced of getting indulged into such form of slavery. At times such debt bondage tended to continue as perpetual bondage. Bonded labour encompasses illegal contractual stipulations as well as indefinite duration. Basic right of an employer to choose their employee is being violated in this type of forced labour. Bonded labour contract is not only economic but also social, as they are reinforced with coercion since it involves all the industrial sectors of the society. Bonded labourers in farming sector are mostly selected in Dalit communities. This kind of labour prevailed in the society for a longer period because of the absence of reform policies. Vexatious situation is created only because of the unreasonable hike in the interest rate by the landlord who is the person, who engages the labourer in troublesome process by giving them monetary benefit initially and later extract the labour from the labourers. Fundamental rights of the labourers as mentioned in the Indian constitution such as right to movement, freedom of speech and expression, right to choose their occupation are curtailed by the landlords. System of bonded labour encompasses the infringement of fundamental rights drafted in the basic preamble of the Indian constitution with regard to civil rights and dignity of human of such kind. According to the survey taken by the Ministry of Labour and Employment, it is informed by the Government of Tamil Nadu that around 65,573 bonded labourers were identified and rescued for rehabilitation in the year 2018. This paper on bonded labour would enlighten the readers about the difficulties faced by the bonded labourers and also it creates awareness among the government officials who work in the ministry to effectively impose the existing legislations.
Keywords: bonded labourers, rehabilitation, labour legislation, socio- economic programmes.
