Critical Analysis on Bonded Labour System Analysis Act, 1976
Critical Analysis on Affirmed Labour Arrangement (abolition) Act, 1976 SALIENT FEATURES OF THE BONDED LABOUR SYSTEM (ABOLITION) ACT, 1976 • This Act provides for the abolishment of the arrangement of affirmed labour. It freed unilaterally all the affirmed labourers from chains with accompanying defalcation of their debts. • The Act does abroad with every obligation of a affirmed labourer to accord any affirmed debt; it additionally dispenses with the approaching accountability of repaying a affirmed debt.
The law provides that (a) no clothing or alternative affairs shall be instituted in any Civilian Cloister for the accretion of any affirmed debt (b) every adapter fabricated afore the admission of the Act for the accretion of any affirmed debt shall angle abandoned and (c) such adaptable acreage shall be adequate to the affirmed labourer. • The commune and sub-divisional magistrates accept been entrusted with assertive duties/responsibilities appear accomplishing of approved provisions.
Under Section-13 of the Act, Vigilance Committees are appropriate to be constituted at the commune and sub-divisional akin for accomplishing of the accoutrement of the law. They are blended bodies with assembly from altered cantankerous sections of the association and accept a action of 2 years. • Registers absolute the names and addresses of all freed affirmed labourers, their vacation, action and income, capacity of the allowances accustomed are appropriate to be maintained beneath the Affirmed Labour Arrangement (Abolition) Rules. The Act provides for imprisonment up to 3 years and accomplished up to Rs. 2000/- to whoever compels any actuality to cede any affirmed labour and whoever advances any affirmed debt. An answerability abundant surveys in their States. The aforementioned advice was submitted to the Supreme Cloister by the Accompaniment Governments in the anatomy of affidavits in 1997. ?One ILO action namely “Prevention of Ancestors Indebtedness with Micro Accounts Scheme and Accompanying Services” is actuality implemented in three States, namely Andhra Pradesh, Tamil Nadu and Karnataka.
The cold of the action is to abet absolute micro accounts institutions to develop, analysis and action accumulation and accommodation products, decidedly custom-built for accessible families at the accident of accepting into debt traps. The prime focus of the action is on preventing bordering families from falling into debt chains and additionally to ensure acceptable rehabilitation of freed affirmed labourers. Based on its experience, a archetypal could be brash for archetype or appliance in alternative genitalia of the Country. Accountability to accord affirmed debt to angle extinguished.
On the admission of this Act, every obligation of a affirmed labourer to accord any affirmed debt, or such allotment of any affirmed debt as charcoal aghast anon afore such commencement, shall be accounted to accept been extinguished. Afterwards the admission of this Act, no clothing or alternative proceeding shall lie in any civilian cloister or afore any alternative ascendancy for the accretion of any affirmed debt or any allotment thereof. Every decree or adjustment for the accretion of affirmed debt, anesthetized afore the admission of this Act and not absolutely annoyed afore such commencement, shall be deemed, on such commencement, to accept been absolutely satisfied.
Every adapter fabricated afore the admission of this Act, for the accretion of any affirmed debt, shall, on such commencement, angle vacated; and, where, in aftereffect of such attachment, any adaptable acreage of the affirmed labourer was bedeviled and removed from his aegis and kept in the aegis of any cloister or alternative ascendancy awaiting auction thereof, such adaptable acreage shall be restored, as anon as may be accessible afterwards such commencement, to the control of the affirmed labourer. Acreage of affirmed labourer to be freed from mortgage, etc.
All acreage vested in a affirmed labourer which was, anon afore the admission of this Act beneath any mortgage, charge, affirmation or alternative encumbrances in affiliation with any affirmed debt shall, in so far as it is relatable to the affirmed debt, angle freed and absolved from such mortgage, charge, affirmation or alternative encumbrances, and area any such acreage was, anon afore the admission of this Act, in the control of the mortgagee or the holder of the charge, affirmation or encumbrance, such acreage shall (except area it was accountable to any alternative charge), on such commencement, be adequate to the control of the affirmed labourer.
If any adjournment is fabricated in abating any property, referred to in sub-section (1), to the control of the affirmed labourer, such labourer shall be entitled, on and from the date of such commencement, to balance from the mortgagee or holder of the lien, allegation or encumbrance, such feudatory profits as may be bent by the civilian cloister of the everyman pecuniary administration aural the bounded banned of whose administration such acreage is situated. Authorities who may be defined for implementing the accoutrement of this Act. The Accompaniment Government may advise such admiral and appoint such duties on a Commune Magistrate as may be all-important to ensure that the accoutrement of this Act are appropriately agitated out and the Commune Magistrate may specify the officer, accessory to him, who shall exercise all or any of the powers, and accomplish all or any of the duties, so conferred or imposed and the bounded banned aural which such admiral or duties shall be agitated out by the administrator so specified.
Vigilance Committees. Every Accompaniment Government shall, by notification in the Official Gazette, aggregate such cardinal of Vigilance Committees in anniversary commune and anniversary Sub-Division as it may anticipate fit.
Each Vigilance Committee, constituted for a district, shall abide of the afterward members, namely: -- (a) the Commune Magistrate, or a actuality nominated by him, who shall be the Chairman; (b) three bodies acceptance to the Scheduled Castes or Scheduled Tribes and residing in the district, to be nominated by the Commune Magistrate; (c) two amusing workers, citizen in the district, to be nominated by the Commune Magistrate; (d) not added than three bodies to represent the official or non-official agencies in the commune affiliated with rural development, to be nominated by the Accompaniment Government; (e) one actuality to represent the banking and acclaim institutions in the district, to be nominated by the Commune Magistrate. Act to accept cardinal effect. The accoutrement of this Act shall accept aftereffect admitting annihilation inconsistent therewith independent in any achievement alternative than this Act, or in any apparatus accepting aftereffect by advantage of any achievement alternative than this Act. Agreement, custom, etc. , to be void. - On the admission of this Act, any custom or attitude or any contract, acceding or alternative apparatus (whether entered into or accomplished afore or afterwards the admission of this Act), by advantage of which any person, or any affiliate of the ancestors or barnacle of such person, is appropriate to do any assignment or cede any account as a affirmed labourer, shall be abandoned and inoperative. CONSTRAINTS Affirmed Labour Arrangement is a activating problem; it can action and reoccur at any point of time in any industry or occupation. • Already the affirmed labourers are articular and released, in case they are not anon rehabilitated, they become alike worse off as compared to the bearings back they were affirmed and were at atomic able to survive by accepting two aboveboard meals. • Contrary to the acceptable acumen that affirmed labour is bedfast to the agronomical area alone, it can additionally action and reoccur in any anatomy of bread-and-butter action such as, agriculture, brick-kiln, bean quarries, carpeting weaving, pisciculture, etc. , CONSTITUTIONAL AND LEGAL PROVISIONS The Constitution of India guarantees to all its citizens- justice, social, bread-and-butter and political, abandon of thought, expression, belief, acceptance and worship, disinterestedness of cachet and befalling and fraternity, address of alone and accord of the Nation. • Beneath Article 23 of the ConstitutionTraffic in animal beings and beggar and alternative agnate forms of affected labour are banned and any contravention of this accouterment shall be an answerability amiss in accordance with law. • Affirmed Labour Arrangement (Abolition) Ordinance was promulgated. Which was afterwards on replaced by the Affirmed Labour Arrangement (Abolition) Act, 1976. CENTRALLY SPONSORED PLAN SCHEME FOR REHABILITATION OF BONDED LABOUR
In adjustment to abetment the Accompaniment Governments in their assignment of rehabilitation of appear affirmed labourers, the Ministry of Labour launched a Centrally Sponsored Scheme back May, 1978 for rehabilitation of affirmed labourers. Beneath this Scheme rehabilitation abetment of Rs. 20,000/- per freed affirmed labour is provided, which is aggregate by the Axial and Accompaniment Governments on 50:50 basis; in the case of the Seven North Eastern States, 100% axial abetment if they accurate their disability to accommodate their share. The Scheme additionally accommodate for costs of the afterward activities. • Rs. 2. 00 lakh per acute commune can be provided to anxious accompaniment government to conduct analysis for identification of affirmed labour already in three years. • Axial abetment of Rs. 10. 00 lakhs every year can be accustomed to every tate government to undertake acquaintance bearing activities apropos to affirmed labour system. • Rs. 5. 00 lakh per year can be accustomed to every accompaniment government to abstraction appulse of absolute land-debt accompanying issues affecting affirmed labourers and the appulse of abjection advancement programmes and banking abetment provided by assorted Government sources so far. Besides aloft the States Governments accept additionally been brash to integrate/ accord the Centrally Sponsored Scheme for rehabilitation of affirmed labour with alternative advancing abjection advancement schemes such as Swaran Jayanti Gram Swa Rojgar Yojana (SJGSRY), Special Component Plan for Supreme Court, Tribal Sub-Plan etc.
Accordingly, the rehabilitation amalgamation provided by the anxious Declared Governments for the freed affirmed labourers includes the afterward aloft components: (i) Allotment of house-site and agronomical land; (ii) Land development; (iii) Accouterment of low amount abode units; (iv) Animal husbandry, dairy, poultry, piggery etc. ; (v) Training for accepting new skills; developing absolute skills; (vi) Wage employment, administration of minimum accomplishment etc. ; (vii) Collection and processing of accessory backwoods products; (viii) Supply of capital bolt beneath targeted accessible administration system; (ix) Education for children; and (x) Protection of civilian rights.
INTERNATIONAL LABOUR ORGANISATION AND FORCED/ BONDED LABOUR • There are two ILO Conventions, Convention No. 29 apropos Affected or Compulsory labour (1930) and Convention No. 105 apropos Abolishment of Affected Labour (1957). Government of India has ratified both the Conventions. • Afore the 89th Session of the International Labour Conference (June 2001) the Director General of ILO submitted a all-around address on ‘Stopping Affected Labour’. This address independent references apropos incidences of affirmed labour in India on the base of analysis conducted by the Gandhi Peace Foundation and National Labour Institute and additionally the estimates of some alternative NGOs.
The Gandhi Peace Foundation and the National Labour Institute conducted a analysis in 1978-79, which had estimated the cardinal of affirmed labour as 2. 6 million. This analysis was based on a accidental sample fatigued from a absolute of 4,50,199 villages in the ten called States. Finally, 1000 villages from out of the 4,50,000 villages were selected. Every 450th villages in the demography account of villages of anniversary Accompaniment starting with a accidental cardinal was called for the survey. The allegation of the analysis in account of the aloft 1000 villages were assorted by 450 to acquisition out the absolute cardinal of affirmed labourers in ten States. Back the alignment adopted by the Gandhi Peace Foundation was not accurate the Government accept not accustomed their estimates.
The charge for accepting accurate abstracts on cardinal of affirmed labourers in India was emphasized. It was apprenticed that absolute and accurate analysis ability be conducted in this regard. • From the Government side, it was declared that the Government has able will and absorbed to abate and absolutely banish the affirmed labour arrangement from every alcove and bend of the country. It was adumbrated that the Government of India’s estimates of affirmed labour, as additionally appear in the afterward pages, were based on the advice submitted by the anxious Accompaniment Governments afterwards administering abundant surveys in their States. The aforementioned advice was submitted to the Supreme Cloister by the Accompaniment Governments in the anatomy of affidavits in 1997. One ILO action namely “Prevention of Ancestors Indebtedness with Micro Accounts Scheme and Accompanying Services” is actuality implemented in three States, namely Andhra Pradesh, Tamil Nadu and Karnataka. The cold of the action is to abet absolute micro accounts institutions to develop, analysis and action accumulation and accommodation products, decidedly custom-built for accessible families at the accident of accepting into debt traps. The prime focus of the action is on preventing bordering families from falling into debt chains and additionally to ensure acceptable rehabilitation of freed affirmed labourers. Based on its experience, a archetypal could be brash for archetype orapplication in alternative genitalia of the Country.
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