Q:What is bonded labour?
Ans: Forced labour is bonded labour in general terms.
Q:How do we define it in legal terms? Ans: To understand it in legal context, we should recall two cases dealing with bonded labour. Decided by the Supreme Court of India. They are as follows
1. 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 lees 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)."
2. In Bandhua Mukti Morcha Vs. Union of India and others [1984 3 SCC 161], 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 appropriate legal proceeding conducted according to the rules of adversary system of justice, that they are bonded labourers."
The above two judgments of the Supreme Court of India lay down the law, in terms of Article 141 of the Constitution of India, to the effect that:-
(a) Where a person gets a remuneration which is less than the current notified minimum wage under the Minimum Wages Act, 1984 for the particular scheduled employment, the labour or service provided by that person clearly falls within the ambit of the term 'forced labour under Article 23 of the Constitution, and
(b) Where a labourer is made to provide forced labour, he is presumed to be a bonded labourer in terms of the Bonded Labour System (Abolition) Act. 1976.
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