This article is authored by Gauri Bansal and edited by Mr. Anoop Prakash Awasthi, AOR and Adv. Prapti Singh.
SC/0051/1983
FACTS
The Honorable Supreme Court treated a letter addressed by the petitioner to Hon’ble Justice Bhagwati as a writ petition under Article 32 of the Constitution. In the letter the petitioner alleged that a large number of bonded labourers worked in inhuman and intolerable conditions in stone quarries and mines situated in Faridabad, Haryana. It prayed for the proper implementation of the Mines act 1952, Bonded Labour System Abolition Act 1976, Minimum Wages Act, among others.
QUESTIONS OF LAW
- Whether any fundamental right of the workmen referred to in the petition is infringed so as to attract Article 32 of the Constitution?
- Can a letter addressed by a party to this Court be treated as a writ petition?
- Whether the Bonded Labour System Abolition Act, 1976, covers forced labour?
HELD
Article 21 of the Constitution confers upon every individual the right to live with human dignity. It derives its life and breath from the Directive Principles of State Policy and particularly clauses (e) and (f) of Article 39 and Articles 41 and 42. These rights are fundamental to human existence and make a man’s life meaningful and worth living.
On account of social and economic disability of an individual or group any member of the public can move the Court under Clause (1) Article 32 of the Constitution.
The Court further held that the Bonded Labour System (Abolition) Act 1976 recognizes forced labour as a form of bonded labour. The thrust of the Act is against the continuance of any form of forced labour. Whenever a labourer is made to provide forced labour, the Court would ‘raise 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 labourer.
Moreover the Court held that the Central and State Governments were constitutionally obligated to ensure the implementation of provisions of acts such as Minimum Wages Act 1948, Payment of Wages Act 1948, Maternity Benefits Act 1961, Bonded Labour Abolition Act etc.
Most importantly the Court held that it was very important to educate the workmen of their rights and entitlements under various social welfare laws. Such knowledge would prevent them being passive recipients of exploitation and empower them to fight for securing their legitimate dues.
The law prescribing procedure for deprivation of personal liberty of a person will have to stand the test of both Article 19 and 21.
Public Interest litigation is an opportunity for the Government and its officers to make basic human rights meaningful to the deprived and vulnerable sections of the community and to assure them social and economic justice.
