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A PROJECT SUBMITTED ON:

SLAVERY AND BONDED LABOUR
IN COMPLIANCE TO PARTIAL FULFILLMENT OF THE MARKING
SCHEME, FOR TRIMESTER V OF 2015-2016, IN THE SUBJECT OF
LAW OF CRIME I
SUBMITTED TO FACULTY:
PROF. SUNIL GEORGE
FOR EVALUATION
SUBMITTED BY:
ANUSHKA SACHAN (A050)
RIDDHI TULSHIAN (A056)
-B.B.A L.L.B (HONS.)

RECEIVED BY: ____________________________

ON DATE: __________ TIME: _________

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TABLE OF CONTENTS
Sr.

Particulars

Page No.

Acknowledgement

Abbreviations

Table of Cases

Research Methodology

Executive Summary

Chapter-I Introduction

7-12

Chapter-II Legal Analysis

13-20

Chapter-III Role of Judiciary

20-24

Chapter-V Comparative Studies

25-26

10

Chapter-IV Conclusion

27

11

Chapter- V Suggestions

28-30

12

Bibliography

31

No.

ACKNOWLEDGEMENT
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We take this opportunity to express our profound gratitude and deep regards to our guide
PROF. SUNIL GEORGE for his exemplary guidance, monitoring and constant
encouragement throughout the course of this thesis. The blessing, help and guidance given by
him time to time shall carry us a long way in the journey of life which we are about to
embark.

ABBREVIATIONS
i.
ii.
iii.
iv.
v.
vi.
vii.
viii.
ix.
x.

E.G- Example
H.C-High Court
S.C-Supreme Court
ETC-Etcetera
J-Justice
PVT-Private
IND-India
WWW. World Wide Web
AIR All India Reporter
SCC- Supreme Court Cases

TABLE OF CASES
1. Public Union for Civil Liberties Vs State of Tamil Nadu &
Others
2. People's Union for Democratic Rights and others Vs. Union of
India and others
3. Bandhua Mukti Morcha v Union of India

RESEARCH
METHODOLOGY
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AIM & OBJECTIVE OF THE STUDY

There are more than 30 million men, women and children trapped in modern slavery around
the world today, fuelling a business worth 150 billion dollars per year. India is home to some
14 million of those trapped by this crime. Modern slavery in this context includes human
trafficking, forced labour, debt bondage and forced marriage. Despite being universally
illegal, too often modern slavery is a crime that goes unpunished, including in India. We, in
this report aimed to investigate the impediments to justice for victims of trafficking. We also
analysed the legal framework in India, reviewing legislation to inform the research.

SCOPE OF STUDY
The study primarily focuses on the rule as it is developed in the common law system and its
implications on India. Its secondary focus also deals with the situations prevailing in
countries around the world.

RESEARCH QUESTIONS

What is Bonded Labour?

Why is it still prevalent in independent India?
What is the scale of the trafficking problem in India?
What are laws that prevent bonded and forced labour in India?
How has the Supreme Court helped in reducing the problem of trafficking?
What can be further done to help eradicate the problem of forced labour from India?

LIMITATION OF THE PROJECT

The project fails to conduct a primary research thorough examination, interviews and surveys
due to lack of time. The research of the project limits to book and internet content.

EXECUTIVE SUMMARY
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Slavery didnt end in the late 1800s. In fact there are more than 30 million men, women and
children trapped in modern slavery around the world today, fuelling a business worth 150
billion dollars per year. India is home to some 14 million of those trapped by this crime.
Modern slavery in this context includes human trafficking, forced labour, debt bondage and
forced marriage. The common denominator for victims is vulnerability: they are insecure and
at risk, they dont know their rights, and are unable to seek justice. Despite being universally
illegal, too often modern slavery is a crime that goes unpunished, including in India.
The comprehensive research found significant impediments preventing victims of trafficking
from using the courts: from the lack of specialised legal assistance, to the absence of
protection for those abused. The report also highlights the confusion related to the
applicability of the existing anti-trafficking laws, the gaps in data collection, and the
weakness of the NGO sector, which despite being at the frontline of the fight against
trafficking, remains disconnected from law enforcement and chronically under-funded. The
report identifies 17 recommendations to help bring victims to the heart of the legal system,
while also prosecuting the perpetrators of these odious crimes. It recommends specialised
training for lawyers dealing with human trafficking cases, and the need for effective data
collection for the purpose of prosecution. The report also stresses the need to empower
paralegals and NGOs workers in order to foster strong community engagement and to
improve the legal outcomes for the victims of human trafficking. In particular, the study
highlights the big, unaddressed need for legally trained staff, particularly female staff, to
provide paralegal and counselling support at the community level. Our goal is bold: we want
every victim of human trafficking and slavery across India to find protection and justice in
the rule of law. It is possible.

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INTRODUCTION
According to the Walk Free Foundation Global Slavery Index 2014, India is home to an
estimated 14 million victims of human trafficking, including victims of sex trafficking,
bonded labour, child labour, domestic servitude and forced marriage. According to Indias
2008 Integrated Plan of Action to Prevent and Combat Human Trafficking, the scale of the
problem is enormous both in [the] number of trafficked persons and increasing number of
locations. Traffickers are motivated by high profits and the low risk due to weak law
enforcement and low levels of prosecution. To tackle human trafficking, prosecution and
punishment of offenders must be pursued as well as legal action to seize the assets and profits
of traffickers.
Origin of Bonded Labour System in India
In India, bonded labor system finds its genesis in countrys peculiar socio-economic culture.
Like various other social evils prevailing in India, bonded labor is also an off-shoot of our
Caste-system. Mainly, it is person belonging to the so-called higher castes such as Rajpoot
and Brahmins who are the exploiters and person belonging to the so-called lower castes such
as Sudras who are the exploited.
Due to their weak economic and social conditions within the society, the SC/STs, Dalits are
forced to sell their labours for nominal or no remuneration to the village landlord or
moneylender. Its a practice continuing from ancient times and in some parts of the country is
still prevalent.
Furthermore, lack of livelihood options; large families; poor education level and lack of
awareness among Dalits make their condition worse. Sometimes force or coercion is also
used by powerful landlords to make bonded labor contracts.
Thus, basically it is an exploitative practice roots of which lie in vast inequalities and
disparities existing in social, economic and cultural aspects of India.

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SCALE OF TRAFFICKING PROBLEM

Forced labour is by far the largest trafficking problem in India. The exact number of victims
of forced labour is disagreed upon, with the U.S. Department of States Trafficking in Persons
Report suggesting there are an estimated 20 to 65 million people in forced labour, with men,
women and children in bondage in various industries. Those in forced labour often suffer
from physical and sexual violence as a form of intimidation, with approximately 20 per cent
of domestic workers suffering sexual abuse. Despite the Indian National Human Rights
Commission guidelines stating that employers must be prosecuted in relation to all cases of
bonded labour to affirm and publicise the determination of the government , the rate of
release and prosecution is extremely low. For example, although 2,313 bonded labourers
were identified and released between 1996 and 2005 in Uttar Pradesh a state that has a
population of approximately 200 million - only 225 prosecutions were initiated. In relation to
child labour, a 2011 census by the central government of India estimated that 4.35 million
children under 14 were in child labour.1 A 2013 report estimates the number of sex trafficking
victims in India to be approximately 16 million, with an estimated 40 per cent of victims
under the age 18. In general, reports cite many problems with enforcement of laws and
prosecution of all forms of trafficking in India, including lack of action and corruption by
government officials, long investigation and trial times, and mistreatment of victims.
The most socially and economically marginalised communities in India are the most
vulnerable to trafficking and forced labour, especially women and children. They include
those officially categorised as scheduled castes, members of tribal communities (Adivasis)
and religious minorities.2 Despite steps taken by the government for affirmative action, there
remain much higher degrees of poverty and illiteracy among these communities than in the
general population. Additionally, they often lack viable livelihood opportunities and financial
services, resulting in a culture of constant indebtedness. Laws do exist to protect these
communities, however enforcement remains weak. Domestic migrant workers are also highly
vulnerable to trafficking. These workers often migrate from poor rural areas where they
cannot make a sufficient livelihood and are susceptible to exploitation. Despite the existence
of laws, these are rarely enforced and workers often do not have fair terms of employment,
1 "A $110 loan, then 20 years of debt bondage". CNN. June 2, 2011.opened on
11th November 2015
2 Hart, Christine Untouchability Today: The Rise of Dalit Activism, Human Rights
and Human Welfare, Topical Research Digest 2011, Minority Rights
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health insurance and access to other entitlements. Discrimination and differences in language
and culture can compound these problems.

TRAFFICKING DEFINITIONS
The international and Indian legal definitions of bonded labour, child labour and sex
trafficking used throughout the report are highlighted in this section. Under the new section
370 of the Indian Penal Code, trafficking of persons for physical exploitation or any form of
sexual exploitation, slavery or practices similar to slavery, servitude and the forced removal
of organs is prohibited. Cases covering a wide variety of forms of modern-day slavery have
been registered under this section.

FORCED LABOUR AND BONDED LABOUR

Forced and compulsory labour, defined as all work or service which is exacted from any
person under the menace of any penalty and for which the said person has not offered himself
voluntarily, is prohibited under the International Labour Organisation Conventions 29 and
159, both of which India has ratified. Forced labour is also prohibited under Article 23 3 of the
Constitution of India, whilst the Indian Penal Code prohibits trafficking for the purpose of
physical exploitation as well as unlawful compulsory labour.
Bonded labour is the primary form of forced labour in India, and is specifically prohibited
under the Bonded Labour System (Abolition) Act. Under this Act, a bonded labourer is
defined as a person who has entered into an agreement to provide labour in forced
circumstances.

CHILD LABOUR
India has ratified the Convention on the Rights of the Child and is bound to recognise the
right of the child to be protected from economic exploitation and from performing any work
that is likely to be hazardous or to interfere with the childs education, or to be harmful to the
childs health or physical, mental, spiritual, moral or social development. Within India,
Article 24 of the Constitution prohibits the employment of children under the age of 14 in any
3 The Constitution of India
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factory or mine or engaged in any other hazardous employment. Various specific laws also
prohibit certain forms of labour. Under the Child Labour (Prohibition and Abolition) Act
19864 children under the age of 14 are prohibited from working in certain industries including
domestic work, working in roadside restaurants, working in mines, factories and in other
industries. The Juvenile Justice (Care and Protection of Children) Act 2000, which defines a
juvenile as a person under the age of 18, criminalises anyone subjecting a juvenile to cruelty,
employing a juvenile for begging and procuring a juvenile for the purpose of hazardous
employment or for bonded labour.
Bonded labour is characterized by a relationship between employer and employee, through a
loan, and is embedded intricately in Indias socio-economic culturea culture that is a
product of class relations, a colonial history, and persistent poverty. Also known as debt
bondage, bonded labor is a specific form of forced labour in which compulsion into servitude
is derived from debt. Categorized and examined in the scholarly literature as a type of forced
labor, bonded labour entails constraints on the conditions and duration of work by an
individual. Not all bonded labor is forced, but most forced labor practices, whether they
involve children or adults, are of a bonded nature. Bonded labour is most prevalent in rural
areas where the agricultural industry relies on contracted, often migrant laborers. However,
urban areas also provide fertile ground for bondage. Characterized by a creditor-debtor
relationship that a labourer often passes on to his family members, bonded labor is typically
of an indefinite duration and involves illegal contractual stipulations. These contracts deny an
individual the basic right to choose his or her employer, or to negotiate the terms of his or her
contract. Bonded labor contracts in India are not only economic, as they are reinforced by
custom or coercion in many sectors such as the agricultural, silk, mining, match production,
and brick kiln industries, among others.
In states like Kerala, where land reforms have been implemented by statute, bonded labour
virtually has been eliminated as opposed to States like Gujarat, Uttar Pradesh, Bihar, Tamil
Nadu and Karnataka where large portions of land are still held by families who practice
feudal forms of land ownership and labour employment.5 Owing to lack of livelihood options,
large number of rural population are forced to work for landlords and eventually end up in
perpetual debt traps resulting in entire families and villages ending up as bonded to the
4 http://www.thehindu.com/opinion/editorial/editorial-on-approval-ofamendments-to-child-labour-prohibition-and-regulation-act1986/article7211095.ece
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landlord for generations. The absence of public health facilities and education opportunities
literally push the rural population to work either as bonded labourers or to migrate into urban
areas seeking odd jobs. A large number of children employed as bonded labourers by the nonfarming sectors like small-scale textile, firecracker, leather goods manufacturing, brick kilns
and granite extraction units are from the families who are subjected to distress migration from
the rural villages. In the cities, children from these families are employed as bonded labourers
in restaurants and eateries or end up being employed as bonded beggars or fall prey to sex
trade. In Meghalaya, extraction of coal in private coal mines in the Jaintiya hills region is
exclusively undertaken by manual labourers, thousands of them being bonded, who have
come to work in the mines from neighbouring States to beat acute poverty.6
These are glaring examples. However many States take a stand that there are no bonded
labourers in their States and that all that was required to be done has been done. Eradication
of bonded labourers is not a onetime event. It can occur and recur any time in any industry/
occupation/ process.
The need of the hour is to focus on safeguards for release of bonded labourers and prevention
from their lapsing into bondage again. For instance, identification, release and rehabilitation
should be simultaneous. Between identification and release, there should not be any gap and
in the same way between release and start of rehabilitation process. It is important to ensure
that release certificates in respect of individual bonded labourers identified as such are issued
promptly in the language which is intelligible to the bonded labourers. Prosecution of
employers must go simultaneously but separately with identification and release of bonded
labourers. Delay in conviction of the bonded labour keeper or even his eventual acquittal
should not inhibit or stall the rehabilitation process. The Ministry of Labour, Government of
India has initiated a Centrally Sponsored Scheme under which Rs. 20,000 7 is provided for the
rehabilitation of each bonded labourer, to be equally contributed by the Centre and the State
Governments. In the case of North Eastern States, 100% central assistance is to be provided if
5 Ravi S. Srivastava Bonded Labor in India: Its Incidence and Pattern InFocus
Programme on Promoting the Declaration on Fundamental Principles and Rights
at Work; and International Labour Office,(2005). Forced Labor. Paper 18
6 "Statement by observer for India to the United Nations Working Group on
Contemporary Forms of Slavery (para 81), report". Retrieved September 7, 2006.
7 "Ministry of Labour and Employment Annual Report for Year 2011-2012" (PDF).
Ministry of Labour and Employment. Retrieved 6 June 2012.
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they express their inability to provide their share. But, by and large, the process of
rehabilitation is poor and is frequently delayed, particularly in the case of inter-state bonded
migrant labourers, and the degree of concerted convergent action required on the part of the
administration is rarely forthcoming.
Preventive efforts must recognize the social dimensions of bondage, and thereby address it
through public sensitization and rights awareness, adult literacy, organizing workers, income
generation and vocational skills development. The strategies to eliminate bonded labour need
to go beyond the symptoms to address the root causes. The multifaceted and deeply rooted
nature of those causes requires an integrated and long term strategy.

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LEGAL ANALYSIS
Section 370:- Trafficking of person8
1. Whoever, for the purpose of exploitation, (a) recruits, (b) transports, ( c) harbours, (d)
transfers, or (e) receives, a person or persons, by
a. using threats, or
b. using force, or any other form of coercion, or
c. by abduction, or
d. by practising fraud, or deception, or
e. by abuse of power, or
f. by inducement, including the giving or receiving of payments or benefits, in
order to achieve the consent of any person having control over the person
recruited,

transported,

commits

the

harboured,
offence

transferred

or

of

received,
trafficking.

Explanations
i. The expression exploitation shall include any act of physical exploitation
or any form of sexual exploitation, slavery or practices similar to slavery,
servitude,

or

the

forced

removal

of

organs.

ii. The consent of the victim is immaterial in determination of the offence of

trafficking.
2. Whoever commits the offence of trafficking shall be punished with rigorous
imprisonment for a term which shall not be less than seven years, but which may
extend to ten years, and shall also be liable to fine.

8 http://devgan.in/ipc/section/370A/
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3. Where the offence involves the trafficking of more than one person, it shall be
punishable with rigorous imprisonment for a term which shall not be less than ten
years but which may extend to imprisonment for life, and shall also be liable to fine.
4. Where the offence involves the trafficking of a minor, it shall be punishable with
rigorous imprisonment for a term which shall not be less than ten years, but which
may extend to imprisonment for life, and shall also be liable to fine.
5. Where the offence involves the trafficking of more than one minor, it shall be
punishable with rigorous imprisonment for a term which shall not be less than
fourteen years, but which may extend to imprisonment for life, and shall also be liable
to fine.
6. If a person is convicted of the offence of trafficking of minor on more than one
occasion, then such person shall be punished with imprisonment for life, which shall
mean imprisonment for the remainder of that persons natural life, and shall also be
liable to fine.
7. When a public servant or a police officer is involved in the trafficking of any person
then, such public servant or police officer shall be punished with imprisonment for
life, which shall mean imprisonment for the remainder of that persons natural life,
and shall also be liable to fine.

Section 370A:- Exploitation of a trafficked person

1. Whoever, knowingly or having reason to believe that a minor has been trafficked,
engages such minor for sexual exploitation in any manner, shall be punished with
rigorous imprisonment for a term which shall not be less than five years, but which
may extend to seven years, and shall also be liable to fine.
2. Whoever, knowingly by or having reason to believe that a person has been trafficked,
engages such person for sexual exploitation in any manner, shall be punished With
rigorous imprisonment for a term which shall not be less than three years, but which
may extend to five years, and shall also be liable to fine.

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Classification Under Schedule 1 of CrPC9

Offence

Punishment

1. Exploitation of a trafficked child

1. 5 to 7 years + Fine

2. Exploitation of a trafficked person

2. 3 to 5 years + Fine

Cognizance

Bail

Triable By

1. Cognizable

1. Non-bailable

1. Court of Session

2. Cognizable

2. Non-bailable

2. Court of Session

Bonded labour - or debt bondage - is probably the least known form of slavery today, and
yet it is the most widely used method of enslaving people. A person becomes a bonded
labourer when their labour is demanded as a means of repayment for a loan. The person is
then tricked or trapped into working for very little or no pay.
Bonded labour is prohibited in India by law vide Articles 21 and 23 of the Constitution. A
specific law to prohibit the practice was legislated only in 1976 known as the Bonded Labour
System (Abolition) Act. With the commencement of the Act the following consequences
followed: bonded labourers stand freed and discharged from any obligation to render to
bonded labour. All customs, traditions, contracts, agreements or instruments by virtue of
which a person or any member of family dependent on such person is required to render
bonded labour shall be void. Every obligation of bonded labourer to repay any bonded debt
shall be deemed to have been extinguished. No suit or any other proceeding shall lie in any

Concepts of Bonded Labour System

9 http://www.advocatekhoj.com/library/bareacts/criminallawamendment/8.php?
Title=Criminal%20Law%20%28Amendment%29%20Act,%202013&STitle=For
%20section%20370%20of%20the%20Penal%20Code,%20the%20following
%20sections%20shall%20be%20substituted,%20namely
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Forced Labour Convention, 1930 (No. 29) [Article 2(i)] 10 The term forced or compulsory
labour shall mean all work or service, which is exacted, from any person under the menace of
any penalty and for which the said person has not offered himself voluntarily.
Universal Declaration of Human Rights -The General Assembly of the United Nations
adopted and proclaimed the Universal Declaration of Human Rights. Article 4 says: No one
shall be held in slavery or servitude; slavery and slave trade shall be prohibited in all their
forms.
UN Supplementary Convention on the Abolition of Slavery (1956) Under this Convention
debt bondage is defined as the status or condition arising from a pledge by a debtor of his
personal service or those of a person under his control as security for a debt, if the value of
those services as reasonably assessed is not applied toward the liquidation of the debt or the
length and nature of those services are not respectively limited and defined.
As per I.L.O. Report on Stopping Forced Labour (2001)11 The term (Bonded Labour)
refers to a worker who rendered service under condition of bondage arising from economic
consideration, notably indebtedness through a loan or an advance. Where debt is the root
cause of bondage, the implication is that the worker (or dependents or heirs) is tied to a
particular creditor for a specified or unspecified period until the loan is repaid.

As per the Bonded Labour System (Abolition) Act, 1976:12

bonded labour means any labour or service rendered under the bonded labour
system section 2(e)

10 http://www.ilo.org/dyn/normlex/en/f?
p=NORMLEXPUB:12100:0::NO::P12100_INSTRUMENT_ID:312174
11 http://www.ilo.org/global/publications/ilo-bookstore/orderonline/books/WCMS_PUBL_9221119483_EN/lang--en/index.htm opened on 12 th
November 2015
12 http://labour.nic.in/content/dglw/Schemes/BondedLabour.html opened on 12 th
November 2015
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It means a labourer who incurs, or has, or is presumed to have incurred a bonded debt,
2(f).

It means the system of forced, or partly forced, labour under which a debtor enters, or
has, or is presumed to have, entered, into an agreement with the creditor to the effect
considering:
i. render, by himself or through any member of his family, or any person dependent on
him, labour or service to the creditor, or for the benefit of the creditor, for a specified
period or for any unspecified period, either without wages or for nominal wages,
ii. For freedom of employment or other means of livelihood for a specified period or
otherwise.
iii. Forfeit the right to move freely throughout the territory of India, or
iv. forfeit the right to appropriate or sell at market value any of his property or product
of his labour or the labour of a member of his family or any person dependent on him;
and includes the system of forced, or partly forced, labour under which a surety for a debtor
enters, or has, or is presumed to have, entered, into an agreement with the creditor to the
effect that in the event of the failure of the debtor to repay the debt, he would render the
bonded labour on debtors behalf.

Through its various judgments, Supreme Court has given a very broad, liberal and expansive
interpretation of the definition of the bonded labour. According to the interpretation given by the
apex court, where a person provided labour or service to another for remuneration less than the
minimum wage, the labour or service falls clearly within the scope and ambit of the words forced
labour under the constitution.

Constitutional and Legal Provisions

The Constitution of India
The Constitution of India guarantees all its citizens-justice, social, economic and political;
freedom or thought, expression, belief, faith and worship; equity of status and opportunity
and

fraternity,

dignity

of

individual

and

unity

of

the

Nation.

Under Article 23, Prohibition of traffic in human beings and forced labour - Traffic in human
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beings and begar and other similar forms of forced labour are prohibited and any
contravention of this provision shall be an offence punishable in accordance with law.
Nothing in this article shall prevent the State from imposing compulsory service for public
purposes, and in imposing such service the State shall not make any discrimination on
grounds

only

on

religion,

race,

caste

or

class

or

any

of

them.

Under Article 42, Provision for just and humane conditions of work and maternity relief - The
State shall make provision for securing just and humane conditions of work
Under Article 43, Living wage, etc. for workers - The State shall endeavour to secure, by
suitable legislation or economic organization or in any other way, to all workers, agricultural,
industrial or otherwise, work and living wage, conditions of work ensuring a decent standard
of life and full enjoyment of leisure and social and cultural opportunities and, in particular the
State shall endeavour to promote cottage industrial on an individual or co-operative basis in
rural areas.

Indian Penal Code:

Under Section 374, Unlawful compulsory labour - Whoever unlawfully compels any person
to labour against the will of that person, shall be punishable with imprisonment of either
description for a term which may extend to one year, or with fine, or with both.

Children (Pledging of Labour) Act, 1933:

Children (Pledging of Labour) Act, 193313 says that unless there is something repugnant in
the subject or context an agreement of pledging the labour of child means an agreement
written or oral, express or implied, whereby the parent or guardian of a child, in return for
any payment or benefit received or to be received by him, undertakes to cause or allow the
services of the child to be utilized in any employment. Provided that any agreement made
without detriment to a child, and not made in consideration of any benefit other than
reasonable wages to be paid for the childs services and terminable at not more than a weeks
13 http://indiankanoon.org/doc/21257/ opened on 12th November 2015
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notice, is not an agreement within the meaning of this definition. It also says that Whoever,
being the parent or guardian of a child, makes an agreement to pledge the labour of that child,
shall be punished with fine which may extend up to fifty rupees.

International Law on Bonded Labour Applicable in India

In addition to domestic laws, India is a party to numerous international human rights
conventions and is thus legally bound by them. An extensive review is presented by the
Human Rights Watch report on bonded labor in India. These laws include;
Role of NGOs
Victims face vast challenges throughout the criminal justice process. NGOs provide critical
legal support and protection to victims, and are likely to improve the chances of a successful
prosecution.
NGOs stated that after victims are rescued and a criminal case is lodged, often the subsequent
police investigation and prosecution does not result in a conviction. Victims are often
harassed, intimidated, and become vulnerable to social stigma, on top of poor investigations,
slow trials and insensitive court environments, resulting in the victim feeling further
victimised. Whilst NGOs and private lawyers do not replace the police or public prosecutors,
they can support and assist victims at every step of the process, ensuring greater
accountability and better outcomes for victims.

NGOs assist the victim by:

Hiring lawyers to represent the rights of the victim throughout the process.
Helping victims and/or relatives to lodge complaints with the police.
Ensuring that officials follow the correct process at rescue and collect sufficient evidence.
Ensuring that victims are treated appropriately by the authorities and counselled before
Providing statements.
Providing comprehensive protection and support to the victim throughout the process,
Including through use of community groups, community witness protection schemes,
Provision of aftercare and livelihood support.
Opposing bail of the accused so they remain in jail and are unable to intimidate the victim.
preparing the victim for testimony in court and assisting with travel and accommodation
Costs in interstate cases.
assisting the public prosecutor throughout the trial by preparing comprehensive written
Submissions based on precedent.
Applying for maximum victim compensation.

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NGOs undertake important strategic public interest litigation to push for systemic
change in policy and laws. Although NGOs recognise the importance of running such cases, they are
resource-intensive and require access to experienced lawyers in senior courts. Ensuring the directives
and orders of these landmark judgements are implemented in practice remains challenging. Follow-up
advocacy of government officials is necessary. Additional funding and human resources for this work
are required.

ISSUES AND CHALLENGES

A number of gaps were identified:

NGOs have difficulties finding committed lawyers who can undertake cases at an affordable

cost or pro bono.

NGOs lack access to high quality legal advice.
Junior lawyers need mentoring by senior criminal lawyers.
District level NGOs require more junior lawyers to provide support to senior lawyers at the

community level and help run cases more efficiently.

NGOs require lawyers to undertake cases in the higher courts, including opposing bail,

running appeals and undertaking public interest litigation.

NGO staff sometimes cannot access legal advice after-hours when rescues take place.

Being unskilled and un-organised, agricultural labourers have little for their
livelihood other than personal labour. Bonded agricultural labourers occupy the
lowest rung of the rural ladder. Social and economic stratification in a village is
linked with land and caste which in turn govern economic and social status of he
people. Bonded labourers thus live in pitiable and miserable conditions.

They are socially exploited because though in theory they are assured food, clothes,
free tobacco, etc., in practice they get the food that is left over, and clothes that are
discarded by family members. They are made to work for 12 to 14 hours a day and
are forced to live with cows and buffaloes in shed. If they fall ill, they may be
procured some medicines from the local Hakim depending upon the sweet will of the
employer.

There are many different types and forms of children labour, this involves children
being enslaved, separated from their families they are usually exposed to serious

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hazards and illnesses, in many cases children are left to fend for themselves at a
young age.

Their children have to face very difficult circumstance;

- Full time work at a young age
- Excessive working hours subjection to psychological, verbal, physical and sexual
abuse
- Limited or no pay
- They have no chance to escape from the poverty cycle- this is due to them having
no access to education

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ROLE OF JUDICIARY
Strategic public interest litigation (PIL) in the senior courts can be an important tool to create
systemic change in anti-trafficking law and policy. In these cases, the High Court and
Supreme Courts can pass orders and directives to ensure the protection of the fundamental
rights set out in the Constitution. These directives are considered binding until relevant
legislation is in place. Various NGOs have demonstrated the potential for significant change
through strategic PIL, including recent cases that have resulted in a definition of trafficking,
prompting the government to sign the Palermo Protocol, and the critical decisions on the
treatment of missing children cases by police. Important landmark cases in the 1980s defined
forced and bonded labour and resulted in rehabilitation measures for bonded labourers. A
number of ongoing PILs could improve procedures and many of the NGOs interviewed were
either preparing to lodge PILs or had PIL cases before the courts. Also many writ petitions or
habeas corpus petitions have been filed at the High or Supreme Courts when there has been a
breach of fundamental rights of a person or a person is detained or missing. Lawyers often
use these petitions when officials have not taken action to find trafficked people or release
bonded labourers. These cases at the High Court have the potential to create systemic change
as the Court may issue broader guidelines about the treatment of the class of victims in
general. Additionally, these cases can relate to a large number of people, and therefore have
the potential to create change for a large number of people through one legal proceeding.
It is very important to use High Court and Supreme Court lawyers in public interest litigation
and senior court matters, however many victims do not have access to such lawyers. Even
when senior lawyers provided assistance for free, or at a reduced rate, the victims struggle to
meet travel and accommodation costs.
Implementation of the directives and orders of the higher courts that arise from PIL cases are
problematic. To address this, some interviewees stated that, following the lodging of a
petition at the court, they work closely with the government to agree on a way forward which
is then presented to the court. This is to ensure that a realistic path is agreed on that the
government is more likely to implement.

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The role of District Magistrates in elimination of bonded labour is significant. The law
provides for the duties and responsibilities of the District Magistrate and every officer
specified by him. They have to ensure that the provisions of the Act are properly carried out.
The law also provides for the constitution of Vigilance Committees at the district and subdivisional level, duties and responsibilities of such Committees in the area of identification
and rehabilitation of freed bonded labourers. The District Magistrates have to ensure the
release of identified bonded labourers on the basis of reports submitted by the Vigilance
Committees after conducting the survey at the district and sub-divisional level. They would
also formulate suitable schemes for the rehabilitation of freed bonded labourers-land based,
non land based and skill/craft based occupations, keeping in view the preferences, felt needs
and interest of the beneficiaries.
Initiatives of the National Human Rights Commission14
The Supreme Court in the Writ Petition (No. 3922/1985) Public Union for Civil Liberties
Vs State of Tamil Nadu & Others requested the NHRC in 1997 to get involved in the
monitoring of the implementation of the Bonded Labour System (Abolition) Act, 1976.15
Since then, the NHRC has been focusing on States where bonded labour is prevalent. During
2011, it took stock of the situation and the following charter of activities have been taken up
by the Commission on the issue of Bonded Labour:
1. Constitution of Core Group on Bonded Labour:
A Core Group on Bonded Labour has been constituted by the Commission who will advise in
chalking out and suggesting strategies to the State/Central Government for elimination of
bonded labour in the country.
2. Organized a National Level Seminar: The Commission organized a National level Seminar
on elimination of bonded labour system on 30/9/2011 at IIC, New Delhi. The Officers from
State Government/UTs participated in the seminar.
3. Workshops conducted in Bonded Labour prone States:
The Commission altogether has organized five Workshops on Elimination of Bonded and
Child Labour system. These have been organized in collaboration with the State
14 http://nhrc.nic.in/ opened on 13th November
15 http://pblabour.gov.in/pdf/rti/rti_chapter18.pdf opened on 13th November
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Governments to sensitize District Magistrates, Sub Divisional Magistrates, SSPs and officers
from the Labour Department. These Workshops were held at Gujarat, Karnataka,
Maharashtra, Haryana and Uttar Pradesh.
4. NHRC team to carry out surprise visits to bonded labour prone areas:
Teams have been constituted in NHRC to carry out surprise visits to bonded labour prone
areas. The team consists of officers from the Investigation and Law Divisions of the
Commission. Recently, one team conducted a surprise visit in Ghaziabad, Bhagpat, Meerut
and Bulandshahar Districts of Uttar Pradesh. Due to off season at brick-kilns, no workers
were found.
5. Development of an instructional manual on Bonded Labour: As of now, the Commission
has brought out a booklet under the Know Your rights series on Bonded Labour which is
being disseminated to all concerned.
6. Revised format for Monitoring of Bonded Labour in States: A new format has been
devised for compiling bi-annually status from States/UTs regarding identification, release and
rehabilitation of bonded labourers. However, almost all the States/UTs are sending the
information in old format only. This issue is being taken up with the Chief Secretaries of the
State Governments to send the information as per the revised format.
7. Review existing schemes of the Central and State Governments on Bonded Labour: The
Commission has taken up the issue with the Ministry of Labour and Employment. It
has conveyed that they have adopted an integrated convergence based approach to prevent
bonded labour with the help of ILO. Recently, Justice Shri B.C. Patel held a meeting with the
Director General in the Ministry of Labour & Employment to discuss increase in
the rehabilitation grant under the centrally sponsored scheme.16
8. Recommendation to State Government for organizing orientation training programme in
each bonded labour prone district: The Commission has written to all the Chief Secretaries
of the State Government /UTs for organizing orientation training programmes for
DMs/DSMs/SSPs and also for the field functionaries of labour law enforcement.
16 http://www.nhrc.nic.in/disparchive.asp?fno=1638 opened on 14th November
2015
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In People's Union for Democratic Rights and others Vs. Union of India and others [1982
II LLJ 454 SC (1982) 3 SCC 235] otherwise referred to as the Asiad Workers Case, the
Supreme Court said, "We are, therefore, of the view that when a person provides labour of
service to another for remuneration which is less than the minimum wage, the labour or
service provided by him clearly falls within the scope and ambit of the words "forced labour"
under Article 23 (of the Constitution of India)."
In the case of Bandhua Mukti Morcha v Union of India (1984 SC), a PIL was filed by an
organization working for the upliftment of bonded labourers. Large numbers of labourers
were working in stone-quarries in Haryana under inhuman conditions with no medical aid, no
safety rules and on very little remuneration; the State authorities were not properly enforcing
relevant laws. Thus, the SC ordered release of these people from bondage immediately and
also emphasized on the rehabilitation of released bonded labourers.
This was one of the landmark cases where the Highest Court had to intervene for the cause of
poor bonded labourers. Justice Bhagwati observed:
Bonded labour is totally incompatible with the new egalitarian socio-economic order which
we have promised to built nad it is not only an affront to basic human dignity but also
constitutes gross and revolting violation of constitutional values.17
The Supreme Court held "Therefore, whenever it is shown that the labourer is made to
provide forced labour, the Court would raise a presumption that he is required to do so in
consideration of an advance or other economic consideration received by him and he is,
therefore, a bonded labour. This presumption may be rebutted by the employer and also by
the State Government if it so chooses but unless and until satisfactory material is provided for
rebutting this presumption, the Court must proceed on the basis that the labourer is a bonded
labourer entitled to the benefit of provisions of the Act. The State Government cannot be
permitted to repudiate its obligation to identify, release and rehabilitate the bonded labourers
on the plea that though the concerned labourers may be providing forced labour, the State
Government does not owe any obligation to them unless and until they show in an

17 http://www.legalservicesindia.com/forum/topic102-bandhua-mukti-morcha-vsunion-of-india-ors.html#.VlG6l3YrLIU
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appropriate legal proceeding conducted according to the rules of adversary system of justice,
that they are bonded labourers."

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COMPARITIVE
STUDIES
SLAVERY IN THE UK
When we think about modern day slavery, we might imagine that it only happens in foreign
countries, but slavery still thrives in the UK today.
In 2013 the UKs victim identification and support process, the National Referral Mechanism
(NRM), received over 1,746 referrals of potential victims of trafficking. This was a 47%
increase on the number received in 2012. But the official numbers of people referred to
authorities are only a tip of the iceberg. The governments own estimates put the number of
people in slavery in the UK at 13,000.
The most common countries of origin were from Albania, Nigeria and Vietnam. However
there was also a significant rise in referrals of British nationals, which put the UK as the fifth
most common country of origin for referrals.
The number of women and girls identified as being trafficked, 1122, was almost double that
of men and boys, which amounted to 624 referrals. A significant number of children were
also identified, with the three most common countries of origin being Vietnam, UK and
Albania.18
Although most people associate trafficking with forced sexual exploitation, the most common
purpose of trafficking is for forced labour. Trafficking for the purpose of domestic
servitude was the main reason women and girls (other than sexual exploitation) were
trafficked. For men the main reason was for the purpose of labour exploitation. Women and
girls make up the vast majority of people trafficked for sexual exploitation, with 691 referrals
in 2013. There was also a significant rise in referrals of people who had been trafficked for
the purpose of criminal activities.

BANGLADESH: The Modern Face of slavery

Tens of thousands of people are working as bonded labourers in rural Bangladesh, say
activists. Even though it is illegal, entire families, including children, are bonded to their
employers while they struggle to pay back loans.
18
http://www.antislavery.org/english/slavery_today/slavery_in_the_uk/default.aspx
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"Thousands of children are being forced into bonded labour every day because of poverty and
their parents' unemployment," Sumaiya Khair, a human rights activist and researcher into
child labour in Dhaka.
Although rare in urban Bangladesh, bonded labour is common in rural areas.
Unlike in cities where workers are paid a daily or fixed wage, the rural workforce mostly has
to make verbal arrangements for wages, which are often manipulated by unscrupulous
landlords and loan sharks, known as Mahajan. Many, mostly women and children, end up as
domestic servants, working in conditions that resemble servitude. Many suffer physical
abuse,

sometimes

resulting

in

death,

activists

say.

"Domestic servants, especially the women and children, are often exposed to inhuman
treatment. Few, if any, are concerned with this matter unless a tragedy like a death by torture
becomes public," Nazma Ara Begum, director of the Family Planning Association of
Bangladesh (FPAB), an NGO that also works with victims of domestic torture, told IRIN.
In 1972, Bangladesh ratified both ILO Convention No. 29 (1930), the Forced Labour
Convention and ILO Convention No. 105 (1957), the Abolition of Forced Labour
Convention. The law prohibits forced or bonded labour and the Factories Act and Shops and
Establishments Act provide for inspection mechanisms to strengthen laws against forced
labour.19
"Forced labour has been present in Bangladesh for centuries. After the liberation of
Bangladesh, it changed its form and has taken the new face of various 'contracts' associated
with loans taken by poor farmers from the usurers," Mohamad Abul Quasem, founder of the
human rights related NGO Uddyam and member of the Bangladesh Red Crescent Society,
said.

19 http://www.irinnews.org/report/85617/bangladesh-the-modern-face-of-slavery
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CONCLUSION
Bonded labour exists because of the persistence of poverty, widespread discrimination
making large groups of people vulnerable to exploitation and the existence of people who are
prepared to exploit the desperation of others. The need for cash for daily survival forces
people to sell their labour in exchange for a lump sum of money or a loan. In South East Asia
bonded labour is rooted in the caste system and predominately affects Dalits.
Despite the fact that bonded labour is illegal governments are rarely willing to enforce the
law, or to ensure that those who profit from it are punished. Widespread discrimination
against some social groups means they have limited access to justice, education and ways to
get themselves out of poverty which is one of the main reasons the debt is taken in the first
place.
Bonded labour has existed for hundreds of years. Debt bondage was used to trap indentured
labourers into working on plantations in Africa, the Caribbean and South-East Asia.
In South Asia it still flourishes in agriculture, brick kilns, mills and factories. In the Punjab
region of India hundreds of thousands men, women and children are forced to work as
bonded labourers in quarries and brick kilns where they receive little or no pay in return
Today the International Labour Organisation estimates a minimum 11.7 million people are in
forced labour in the Asia-Pacific region, the majority of these are in debt bondage.

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SUGGESTIONS AND
OPINIONS
Access to legal support (direct funding of NGOs)
1. Fund NGOs to engage lawyers. To expand the legal capacity of NGOs, funding is required
to engage both senior and junior lawyers, as well as support NGO staff to manage and assist
lawyers.
2. Fund NGOs to support witness protection, conduct interstate rescues and support victims
to travel to court. Many prosecutions do not succeed because of the strain placed on victims
and witnesses, including threats, harassment, intimidation and the need to travel long
distances to appear in court.
Centralised legal support initiatives
3. Create state-level legal hubs coordinated at the national level to: connect with relevant
NGOs in the region and provide assistance with individual cases; connect to existing legal
networks and develop a pool of lawyers to undertake trafficking cases; assist with strategic
litigation; and provide assistance with High and Supreme Court matters. The national hub
could act as a national resource centre and provide access to up-to-date resources and case
law.
4. Establish community-level legal assistance centres to provide legal assistance to victims
who are unaware of, or unable to travel to, legal services at the regional level.
5. Network of community-level paralegals and counsellors. Create a programme to recruit
and train community members, especially females, as paralegals to operate at the village or
tehsil/taluk level within identified districts. Paralegals would provide both legal support and a
basic level of psychosocial counselling to victims.
6. Leverage pro bono legal support. Existing pro bono networks, organised through the state
(legal services authorities), NGOs and commercial law firms, should be expanded and
mobilised to enable NGOs to access legal support for trafficking cases.
7.Legal helpline for trafficking victims and NGOs. A legal information and referral helpline
should be established to provide individuals and NGOs with initial legal guidance and
referrals to NGOs and other entities that provide legal assistance.
Knowledge and training
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8. Anti-trafficking legal training course for NGOs and lawyers. In the past five years there
have been a number of new legal and procedural developments in the anti-trafficking field.
Both new and experienced staff require comprehensive training on relevant legislation and
case law; the use of Standard Operating Procedures, protocols, guidelines, rules and
compensation schemes; and on practical guidance on how to work with police, public
prosecutors and the judiciary.
9. Legal know-how tools should be developed, or existing tools should be adapted, to provide
guidance to NGO staff and lawyers. The tools should include how-to handbooks, illustrative
flowcharts and checklists that provide step-by-step guidance. Best practice and innovative
case examples could also be compiled.
Strategic Litigation and Procedural Reform
10. Funding mechanism for strategic litigation. Create a Strategic Litigation Fund to assist
NGOs and lawyers wanting to pursue high potential cases and to conduct a review of
important court orders that require further legal advocacy and court action.
11. Support enforcement of anti-trafficking Standard Operating Procedures (SOPs) and
procedural protocols. NGOs and other stakeholders should be supported to work with
relevant government ministries to develop new SOPS and protocols and to seek the
enforcement of existing SOPs and protocols.
Data and technology
12. Legal Anti-Trafficking Index. An India anti-trafficking index should be developed to
collate, analyse and publish data on trafficking offences. Indicators should include number of
FIRs, investigations, prosecutions, convictions, acquittals and pending cases.
13. Strengthen data collection and case management systems. NGOs manage heavy caseloads
and while most have some form of case management and record keeping, these can be
improved upon. A legal tech camp consisting of a small working group of NGOs, lawyers
and information solution providers should be organised to develop improved case
management and data collection systems that can be tailored for individual NGOs.
14. Develop an anti-trafficking legal web-portal to facilitate NGO sharing of and access to
reliable and updated information to assist with legal cases. The web portal should provide
access to legislation, judgements, court directives, SOPs and protocols, summaries of case
law, know-how and training materials, and a solutions-exchange platform.

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Media
15. Media training for NGOs and journalist training. To leverage the power of media to fight
trafficking, NGOs should be trained on how to use the national and regional media to push
for outcomes and raise awareness. Both national and regional journalists should be trained on
the effects of trafficking, the need for better responses, recent developments and sensitive
reporting.
Building partnerships and strengthening collaboration
16. Establish an online NGO network or strengthen an existing network to assist NGOs to
connect with other vetted organisations. The NGOs should assist each other to find and
intercept victims, with legal assistance, aftercare and/or rehabilitation of victims, especially
when a victim is repatriated interstate. The legal helpline (see
Recommendation 7) should refer to network members.
17. Launch workshops or an annual anti-trafficking legal conference in India to promote
collaboration, sharing of knowledge and to develop new strategies.

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BIBLIOGRAPHY
Websites Referred:
http://nhrc.nic.in/Documents/SPEECH_2012_10_25.pdf
http://www.du.edu/korbel/hrhw/researchdigest/slavery/india.pdf
http://www.yourarticlelibrary.com/society/indian-society/bonded-labourconcept-causes-and-other-details/39314/
http://www.antislavery.org/english/slavery_today/bonded_labour/
http://articles.economictimes.indiatimes.com/2013-0812/news/41332905_1_national-labour-institute-bonded-labour-systemmgnrega
https://www.hrw.org/reports/1996/India3.htm
Books Referred:
Indian Penal Code, By K. D. Gaur
Indian Penal Code, By Ratanlal Dheerajlal
Constitution of India

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