Critical Analysis on Bonded Labour System Analysis Act, 1976

Critical Analysis on Bonded prod System (abolition) feat, 1976 SALIENT FEATURES OF THE BONDED dig SYSTEM (ABOLITION) ACT, 1976 This effect provides for the abolition of the outline of bonded dig. It freed unilaterally all the bonded diddlysquats from bondage with coinciding liquidation of their debts. The stand for does away with whatever pledge of a bonded diddly-shit to render either(prenominal) bonded debt it excessively dispenses with the future monetary obligation of remunerateing a bonded debt.The law provides that (a) no shell or anformer(a)(prenominal) proceedings shall be instituted in all Civil administration for the recovery of either bonded debt (b) every fixing made ahead the set-back of the Act for the recovery of whatsoever bonded debt shall stand vacated and (c) much(prenominal)(prenominal)(prenominal)(prenominal) movable airscrew shall be restored to the bonded do worker. The govern and sub-divisional magistrates consider been en trusted with certain duties/responsibilities towards implementation of statutory furnish. to a lower place Section-13 of the Act, oversight Committees are required to be constituted at the district and sub-divisional level for implementation of the provisions of the law. They are intricate bodies with representatives from different cross sections of the society and take a life of 2 old age. Registers containing the call and addresses of all freed bonded labourers, their vacation, occupation and income, details of the benefits real are required to be well-kept under the Bonded effort System (Abolition) Rules. The Act provides for imprisonment up to 3 years and fine up to Rs. 2000/- to whoever compels each(prenominal) soulfulness to render any bonded labour and whoever advances any bonded debt. An murderence detailed bes in their cites. The uniform randomness was submitted to the Supreme Court by the take regimes in the form of affidavits in 1997. ? unmatched ILO pr oject namely saloon of Family obligation with Micro Finance dodging and relate Services is being implemented in three States, namely Andhra Pradesh, Tamil Nadu and Karnataka.The physical object of the project is to induce exis cardinalt small finance institutions to develop, test and toss nest egg and loan products, particularly sew for unsafe fami perchs at the risk of get into debt traps. The ready focus of the project is on preventing borderline families from falling into debt bondage and as well to witness sustainable rehabilitation of freed bonded labourers. establish on its experience, a model could be considered for rejoinder or application in many other parts of the Country. Liability to repay bonded debt to stand extinguished.On the setoff of this Act, every obligation of a bonded labourer to repay any bonded debt, or such(prenominal)(prenominal) part of any bonded debt as remains unsatisfied outright before such rootage, shall be deemed to be posses sed of been extinguished. After the start-off of this Act, no reconcile or other proceeding shall lie in any civil solicit or before any other authority for the recovery of any bonded debt or any part thereof. Every jurisprudence or do for the recovery of bonded debt, passed before the commencement of this Act and not amply satisfied before such commencement, shall be deemed, on such commencement, to have been to the full satisfied.Every attachment made before the commencement of this Act, for the recovery of any bonded debt, shall, on such commencement, stand vacated and, where, in pursuance of such attachment, any movable property of the bonded labourer was seized and removed from his custody and kept in the custody of any homage or other authority pending sale thereof, such movable property shall be restored, as soon as may be practicable later on such commencement, to the self-command of the bonded labourer. Property of bonded labourer to be freed from mortgage, et c.All property vested in a bonded labourer which was, now before the commencement of this Act under any mortgage, charge, spleen or other encumbrances in connection with any bonded debt shall, in so far as it is relatable to the bonded debt, stand freed and discharged from such mortgage, charge, lien or other encumbrances, and where any such property was, immediately before the commencement of this Act, in the possession of the mortgagee or the holder of the charge, lien or encumbrance, such property shall (except where it was subject to any other charge), on such commencement, be restored to the possession of the bonded labourer.If any delay is made in restoring any property, referred to in sub-section (1), to the possession of the bonded labourer, such labourer shall be entitled, on and from the appointment of such commencement, to recover from the mortgagee or holder of the lien, charge or encumbrance, such mesne profits as may be determined by the civil court of the lowest pecun iary jurisdiction inside the local limits of whose jurisdiction such property is situated. Authorities who may be finalise for implementing the provisions of this Act. The State administration may confer such powers and impose such duties on a regulate Magistrate as may be necessary to construe that the provisions of this Act are aright carried out and the District Magistrate may specify the policeman, subordinate to him, who shall exercise all or any of the powers, and perform all or any of the duties, so conferred or enforce and the local limits within which such powers or duties shall be carried out by the officer so specified. perplexity Committees. Every State Government shall, by notification in the formal Gazette, constitute such chassis of Vigilance Committees in from each one district and each Sub-Division as it may think fit.Each Vigilance Committee, constituted for a district, shall consist of the pas cartridge holder members, namely (a) the District Magistrate , or a soul nominated by him, who shall be the Chairman (b) three persons belonging to the plan Castes or Scheduled Tribes and residing in the district, to be nominated by the District Magistrate (c) deuce social workers, resident in the district, to be nominated by the District Magistrate (d) not more than three persons to represent the formalised or non-official agencies in the district committed with rural growing, to be nominated by the State Government (e) one person to represent the financial and credit institutions in the district, to be nominated by the District Magistrate. Act to have overriding effect. The provisions of this Act shall have effect besides anything inconsistent therewith contained in any enactment other than this Act, or in any instrument having effect by virtue of any enactment other than this Act. Agreement, custom, etc. , to be void. On the commencement of this Act, any custom or customs or any contract, agreement or other instrument (whether ente red into or penalize before or after the commencement of this Act), by virtue of which any person, or any member of the family or dependant of such person, is required to do any work or render any service as a bonded labourer, shall be void and inoperative. CONSTRAINTS Bonded Labour System is a dynamic problem it can return and re communicate at any point of time in any industry or occupation. Once the bonded labourers are identified and released, in case they are not immediately rehabilitated, they become even worse off as compared to the situation when they were bonded and were at least(prenominal) able to survive by acquire two square meals. Contrary to the tralatitious perception that bonded labour is confined to the rude sector alone, it can also occur and reoccur in any form of economic activity such as, agriculture, brick-kiln, stone quarries, spread over weaving, pisciculture, etc. , CONSTITUTIONAL AND LEGAL nourishment The Constitution of India guarantees to all its citizens- justice, social, economic and political, license of thought, have a bun in the ovenion, belief, faith and worship, equity of status and chance and fraternity, dignity of individual and unity of the Nation. Under Article 23 of the ConstitutionTraffic in human being beings and beggar and other similar forms of oblige labour are prohibited and any contravention of this provision shall be an law-breaking punishable in accordance with law. Bonded Labour System (Abolition) Ordinance was promulgated. Which was later on replaced by the Bonded Labour System (Abolition) Act, 1976. centrally SPONSORED PLAN SCHEME FOR REHABILITATION OF BONDED LABOURIn order to assist the State Governments in their line of work of rehabilitation of released bonded labourers, the Ministry of Labour launched a centrally Sponsored plot since May, 1978 for rehabilitation of bonded labourers. Under this Scheme rehabilitation help of Rs. 20,000/- per freed bonded labour is provided, which is d ivided up by the Central and State Governments on 5050 basis in the case of the Seven North eastern States, 100% central assistance if they express their inability to provide their share. The Scheme also provide for financing of the following activities. Rs. 2. 00 hundred thousand per sensitive district can be provided to c erstwhilerned state government to conduct check up on for identification of bonded labour once in three years. Central assistance of Rs. 10. 00 lakhs every year can be authorise to every tate government to undertake awareness generation activities relating to bonded labour system. Rs. 5. 00 lakh per year can be sanctioned to every state government to meditate impact of actual land-debt related issues affect bonded labourers and the impact of poverty backup man programmes and financial assistance provided by various Government sources so far. Besides higher up the States Governments have also been advised to integrate/ dovetail the Centrally Sponsore d Scheme for rehabilitation of bonded labour with other ongoing poverty alleviation schemes such as Swaran Jayanti Gram Swa Rojgar Yojana (SJGSRY), particular Component Plan for Supreme Court, tribal Sub-Plan etc.Accordingly, the rehabilitation package provided by the touch on Stated Governments for the freed bonded labourers includes the following major components (i) assignation of house-site and agricultural land (ii) Land development (iii) Provision of low cost household units (iv) Animal husbandry, dairy, poultry, piggery etc. (v) cookery for acquiring new skills developing existing skills (vi) Wage employment, enforcement of minimum wages etc. (vii) Collection and processing of minor wood products (viii) Supply of essential commodities under targeted universe distribution system (ix) Education for children and (x) defense of civil rights.INTERNATIONAL LABOUR ORGANISATION AND force/ BONDED LABOUR There are two ILO shapes, Convention No. 29 concerning constrained or Compulsory labour (1930) and Convention No. 105 concerning Abolition of squeeze Labour (1957). Government of India has ratified some(prenominal) the Conventions. Before the 89th Session of the International Labour Conference (June 2001) the Director General of ILO submitted a global report on fish filet Forced Labour. This report contained references regarding incidences of bonded labour in India on the basis of survey conducted by the Gandhi Peace Foundation and home(a) Labour Institute and also the estimates of some other NGOs.The Gandhi Peace Foundation and the home(a) Labour Institute conducted a survey in 1978-79, which had estimated the number of bonded labour as 2. 6 million. This survey was based on a random sample displace from a total of 4,50,199 villages in the ten selected States. Finally, 1000 villages from out of the 4,50,000 villages were selected. Every 450th villages in the census list of villages of each State starting with a random number was selected for the survey. The pass offings of the survey in respect of the above 1000 villages were multiplied by 450 to find out the total number of bonded labourers in ten States. Since the methodology adopted by the Gandhi Peace Foundation was not scientific the Government have not accepted their estimates.The need for having authentic data on number of bonded labourers in India was emphasized. It was urged that comprehensive and imperious survey might be conducted in this regard. From the Government side, it was stated that the Government has healthy will and intent to abolish and alone banish the bonded labour system from every nook and corner of the country. It was indicated that the Government of Indias estimates of bonded labour, as also reported in the following pages, were based on the schooling submitted by the concerned State Governments after conducting detailed surveys in their States. The same information was submitted to the Supreme Court by the State Governments in the for m of affidavits in 1997. One ILO project namely Prevention of Family Indebtedness with Micro Finance Scheme and Related Services is being implemented in three States, namely Andhra Pradesh, Tamil Nadu and Karnataka. The objective of the project is to induce existing micro finance institutions to develop, test and offer savings and loan products, particularly tailor-made for vulnerable families at the risk of getting into debt traps. The prime focus of the project is on preventing marginal families from falling into debt bondage and also to ensure sustainable rehabilitation of freed bonded labourers. Based on its experience, a model could be considered for replication orapplication in other parts of the Country.