What is Bonded Labour?
Bonded labour, also known as debt bondage or debt slavery, is a form of forced labor where a debtor is compelled to work for a creditor to repay a debt. This practice involves the debtor, often with their family members, providing labor or services under restrictive conditions until the debt is considered repaid. Key characteristics of bonded labour include:
- Forced or Partly Forced Labor: The debtor must render services to the creditor, either personally or through family members, for an unspecified or specified period.
- Loss of Freedom: The debtor forfeits the right to move freely and to choose their employment or livelihood.
- Economic Exploitation: The debtor often receives little to no wages, and their economic rights, such as selling their products or property at market value, are severely restricted.
Constitutional Safeguards Against Bonded Labour
The Indian Constitution provides several safeguards to protect individuals from bonded labour, rooted in the principles of human dignity and freedom.
Article 21: Right to Life and Personal Liberty
- Protection of Life and Liberty: Article 21 guarantees the right to life and personal liberty, ensuring that every individual has the right to live with human dignity. Bonded labour directly contravenes this right by subjecting individuals to exploitative and inhumane conditions.
Article 23: Prohibition of Traffic in Human Beings and Forced Labour
- Explicit Prohibition: Article 23 explicitly prohibits traffic in human beings and forced labor, which includes bonded labour. This provision is directly enforceable and makes bonded labour unconstitutional. The Supreme Court has interpreted "forced labour" to include situations where a person is paid less than the minimum wage, broadening the protection against exploitative labor practices.
Directive Principles of State Policy
While not justiciable, the Directive Principles of State Policy guide the state in forming laws and policies aimed at promoting social and economic welfare, indirectly supporting the eradication of bonded labour.
Article 39: Right to Adequate Means of Livelihood
- Economic Justice: Article 39 mandates the state to ensure that all citizens have adequate means of livelihood and are not forced into vocations unsuitable to them due to economic necessity. This aims to prevent the economic conditions that often lead to bonded labour.
Article 42: Just and Humane Conditions of Work
- Humane Work Conditions: Article 42 directs the state to ensure just and humane working conditions. Although not enforceable in a court of law, this principle aims to eliminate exploitative labor practices, including bonded labour.
Article 43: Decent Standard of Life
- Living Standards: Article 43 directs the state to secure a decent standard of life for all workers, including fair wages and conditions of work, thus indirectly combating bonded labour.
Conclusion
Despite robust constitutional safeguards and legislative measures, bonded labour persists in India due to socio-economic factors and enforcement challenges. Continuous efforts in law enforcement, socio-economic development, and judicial vigilance are essential to eradicate bonded labour and uphold the constitutional rights of all citizens.
