1.Administrative set up regarding bonded labour
Centre:
Bonded Labour is monitored by the Labour Ministry.
From 1997, the NHRC – National Human Rights Commission, New Delhi is mandated by the Supreme Court of India to monitor the implementation of the Act on Bonded Labour.
State:
In most states, the Labour Departments monitor bonded labour cases.
In Karnataka, bonded labour issues are monitored by the Rural Development and Panchayat Raj Department.
There are four processes under the Bonded Labour Act:
- Identification of bonded labour cases
- Release of identified bonded labourers
- Prosecution of offenders
- Rehabilitation of released bonded labourers
By the Act, Identification, Release and Prosecution are the responsibilities of the executive magistrates of the district and sub-districts (sub-divisions). These come under the Revenue Departments of the States. The Act also gives to the executive magistrates powers of judicial magistrates of the first Class or the second class.
In Karnataka, the Karnataka Panchayat Raj Act, lays down a duty on the secretaries of the Gram Panchayats to report cases of bonded labour to the district executive magistrates and the subsequent Government Orders have extended this duty to report also to the sub-divisional executive magistrates and tahsildars (executive magistrates below the level of the sub-division).
Though the Act stipulates that the executive magistrates should work out rehabilitation programmes for the released bonded labourers, the Karnataka Government has the arrangement whereby the Chief Executive Officers of the Zilla Panachayats (the local governance body at the level of the district), the Executive Officers of the Taluk Panchayats (the local governance body at the level of the taluk), and the Secretaries of the Gram Panchayats (the local governance body at the level of a cluster of villages), work out the rehabilitation programmes for the released bonded labourers.
The Act also stipulates the constitution of Vigilance Committees for each of the districts and the sub-divisions under the chairmanship of the District or Sub-divisional Magistrate. Of the ten or so members of the Vigilance Committees, six or so members are to be leaders of SC/ST communities and non-governmental organisations.
2.Judicial Processes regarding Bonded Labour
The Act on Bonded Labour stipulates that a State Government may confer powers of the Judicial Magistrate of First Class or Second Class on the District Executive Magistrate. The Karnataka Government has conferred such powers of the District Executive Magistrates in March 1976.
The Act further stipulates that action on bonded labour cannot be initiated in regular courts of law. Bonded Labourers can approach higher courts – High Court and Supreme Court under writ jurisdiction to protect fundamental rights. Similar remedy is available to those against whom an offence under the Act is alleged.
3.Monitoring Administrative and Judicial Processes regarding bonded labour by JEEVIKA
Since judicial powers are vested in the administration in Karnataka together with other administrative powers, Jeevika has adopted a policy to approach the administration first for all remedies under the Act; and only upon having exhausted all the possibilities from administration, to approach the higher courts of law.
Before initiating action, Jeevika identifies bonded labour through a rigorous and scientific process of survey. The identified bonded labourers are made to file affidavits for their release and rehabilitation before the three levels of the executive magistrates – the tahsildar (at the level of a taluk), the assistant commissioner (at the level of a sub-division) and the deputy commissioner (at the level of a district). They also approach the secretary of a gram panchayat to report about them to the three executive officials.
The bonded labourers are formed into a trade union. They meet once a week at the level of the village and at other higher levels periodically. The Jeevika activists guide them in those meetings. They also hold regular trainings to them on social analysis and other relevant social issues.
The union members and the Jeevika activists not only lobby with the government to implement the Act but also take up all relevant rights and other issues of bonded labourers, agricultural workers, dalits, women and children.
The Vigilance Committees in the districts and the sub-divisions , meant to be convened once every two months do not function at all. Jeevika is trying to revitalise these bodies. It has been spearheading a movement all over Karnataka since 2007 to see that dalit leaders get nominated to these committees and they in turn make them function and get justice to bonded labourers.
Jeevika took the opportunity of its invitation in 2004 by the Government of Karnataka to draw up an action plan on rehabilitation of bonded labour for the government. Jeevika not only worked out a suitable Action Plan on Rehabilitation of Bonded Labour but also incorporated suitable guidelines for the identification and release of bonded labourers and prosecution of offenders. This action plan has been approved by the government in 2007 and in late 2009 the government has printed 10,000 copies of the same in Kannada to be distributed to all the officials concerned and dalit and other activists. Jeevika is again taking a lead since December 2009 in disseminating the copies of the action plan to dalit and other leaders and activists in all districts (30), sub-divisions (52) and taluks (176) in the state. As an outcome of this dissemination, the dalit leaders have decided to identify a dalit activist for each of the gram panchayats (around 6000) in the state.
There is a need to see that the NHRC effectively monitors the implementation of the Act on Bonded Labour in the country.
Kiran Kamal Prasad From JEEVIKA
