Bonded Labour in India

Syllabus: Social Justice

Source:  TH

Context: On International Labour Day, disturbing stories of bonded labour survivors from various states are in the spotlight, highlighting the continued prevalence of forced labour in India.

About Bonded Labour in India:

• Bonded labour refers to forced work extracted under coercion due to debt, advance payments, or social obligation, often without clear time limits.
• Constitutional Provisions:
  • Article 23: Prohibits forced labour and begar.
  • Article 21: Ensures the right to life with dignity, violated in bonded labour conditions.
• Policy Evolution:
  • Bonded Labour System (Abolition) Act, 1976: Criminalised all forms of bonded labour and extinguished debt obligations.
  • Rehabilitation Scheme (2016): Envisioned rescuing 1.84 crore bonded labourers by 2030. Only 12,760 were rescued between 2016–2021 (MoLE data, 2021).

Data on Bonded Labour in India:

• Estimated Total Bonded Labourers:84 crore (as per Ministry of Labour & Employment, 2016 vision document).
• Rescued & Rehabilitated (2016–2021): 12,760 individuals (MoLE reply in Parliament, 2021).
• Labour Sector Composition: 39 Crore in unorganised sector out of 47 crore total workers (NSSO 2023).
• Dominant Social Groups Affected: Over 80% of bonded labourers are from SC/ST/OBC communities (various state studies).
• International Ranking: India among top countries with modern slavery (Global Slavery Index).

Persistence of Bonded Labour in India:

• Poverty and Indebtedness: Poor families take small advances for survival, leading to long-term bondage.
• Caste-Based Discrimination: SC/ST communities face structural exclusion, making them more vulnerable to exploitation.

E.g.: A Punjab study found 84% of bonded labourers were from backward castes.

• Lack of Enforcement and Data: Weak implementation of the Bonded Labour Act and poor monitoring hinder rescue efforts.

E.g.: Only 12,760 rescued between 2016–2021 out of 1.84 crore estimated cases.

• Unregulated Informal Sector: 90% of India’s workforce is in the informal economy, with little legal or social protection.
• State Denial and Policy Gaps: Some states deny bonded labour exists, delaying rehabilitation and legal action.

E.g.: Maharashtra omitted bonded labour from its 40-point program post-Emergency.

Key Challenges in Eliminating Bonded Labour:

• Caste-based Vulnerability: Marginalised groups like Dalits and Adivasis are disproportionately represented in bonded labour (e.g., 84% from backward castes in Punjab – Manjit Singh study).
• Lack of Political Will: Parliament acknowledged 1.84 crore bonded labourers, yet less than 1% have been rehabilitated.
• Legal and Policy Gaps: The Trafficking of Persons Bill, 2018 largely excludes forced/bonded labour from its ambit (Kiran Kamal Prasad critique).
• Organised Labour Trafficking: Exploiters use advances and social networks to recruit workers systematically, as seen in brick kilns of Karnataka and Punjab.
• Post-Rescue Vulnerability: Rescued workers often return to bondage due to social ostracism or lack of economic alternatives.

Way Ahead:

• Institutional Reforms:

• • Strengthen Enforcement Mechanisms: Empower District Vigilance Committees under the 1976 Act with legal authority and digital tracking of complaints.
  • Transparent Monitoring Frameworks: Build a central database of rescued bonded labourers, integrated with Aadhaar and job linkages.

• Social Reforms

• • Community-Based Rehabilitation: Develop social protection schemes targeted at SC/ST groups vulnerable to debt bondage (e.g., skill training, land rights).
  • Mass Awareness Campaigns: Promote rights education in rural and tribal areas using vernacular media and school programs.

• Legal Reforms:

• • Amend Labour Codes: Reinstate robust labour unionisation and collective bargaining rights, eroded under the 2019-20 Labour Codes.
  • Caste-Sensitive Legislation: Introduce intersectional legal safeguards acknowledging caste, gender, and economic overlap in forced labour.

Conclusion:

Despite constitutional protection and legal bans, bonded labour persists in India due to deep social, legal, and policy failures. Real change demands multi-layered reforms combining enforcement, empowerment, and empathy. Without such a shift, India’s economic growth will remain marred by invisible slavery and social injustice.