Supreme Court seeks response from Bihar and Uttar Pradesh on a PIL which alleges that 187 persons are in bonded Labour in Brick Kilns

Ukkash F | Sastra School of Law, Tamil Nadu | 6th June 2020

FACTS OF THE CASE

The Supreme Court observed that District Magistrate, District Sambhal, Uttar Pradesh and the District Rohtas, Bihar in not taking prompt action to help 187 bonded labour victims working in brick kilns despite directions issued by the National Human Rights Commission on 11.05.2020. 

The notice to the States was sent on the PIL which directs the Court for urgent release and rehabilitation to 187 victims of bonded labour among whom are pregnant women, children and infants. Moreover, the PIL leads the SC to formulate guidelines for rescue, protection and rehabilitation of bonded labourers during the COVID-19 pandemic.

The PIL observes, 

“From increased isolation to restriction of movement, lack of food supplies, lack of healthcare, non-payment of wages and restricted access to law enforcement authorities, the Covid-19 pandemic has severely exacerbated the abusive conditions that bonded labourers are trapped in”.

The statutory requirement has been entirely overlooked, and despite the existence of bonded labour having been brought to the attention of the respondent authorities, no action has been taken till date. 

ISSUE

1. Has the continued inaction of the State of Bihar and the State of UP in urgently addressing the plight of the victims of bonded labourers has violated article 21,23 and 24?

HIGHLIGHTS OF THE PETITION

The Bench of Justices L Nageswara Rao, Krishna Murari, and S Ravindra Bhat was hearing a PIL and sent the notice to the respective states to take action regarding the bonded labours.

A Constitution Bench of this Hon’ble Court in KS Puttaswamy v. Union of India has held that the right to life under Article 21 is inalienable and cannot be suspended even in times of emergency. Curbing the rights of the bonded labours in the pandemic situation is a gross violation. They should be released and suitably rehabilitated by the District and State Administration. 

The respective State Governments have failed to provide these labourers minimum requirements required to enable a person to live with human dignity by neither rescuing nor rehabilitating such labourers from their traffickers, especially during the COVID-19 pandemic. 

The requirement of immediate rescue, as stipulated in the Bonded Labour Act, 1976, and the Standard Operating Procedure, on Rescue, Release, Ministry of Labour and Employment (MoLE), Government of India, which talks about the immediate rescue of identified bonded labour, has been given a go by.

The Supreme Court has directed to submit a report regarding the action taken by them in liberating 187 bonded labour victims working in brick kilns whose details are given in the order passed by the National Human Rights Commission.

The Court will hear the matter next on June 9. The petition was filed through Advocate Srishti Agnihotri and was represented by Senior Counsel Anitha Shenoy.

CONCLUSION

Even after the enactment of the Bonded Labour Abolition Act, 1976, [“BLA”] millions of adults and children across India are enslaved by the scourge of Bonded Labour, albeit in forms that continue to morph. COVID Conditions has increased the vulnerability of the bonded labours. The non-action of the State Government has permitted the violation of the fundamental human rights of bonded labourers.