SC Directs Centre To Formulate Unified Plan With States To Tackle Inter-State Trafficking Of Bonded Labourers

A bench of Justice B R Gavai and Justice K V Viswanathan termed as "alarming" after figures placed before it showed in Uttar Pradesh of the 5,264 bonded labourers released, only 1,101 had received immediate financial assistance.

The Apex Court observed the problem was in the disbursal of immediate financial assistance to the rescued children as in some cases minors were taken from their home states and forced into bonded labour in adjoining states.

"We find that in order to address the issue of inter-state trafficking of children, the issue needs to be addressed by the union as well as all the states in a unified manner," the bench said.

The Apex Court was hearing a plea seeking enforcement of fundamental rights of people trafficked as bonded labourers.

It therefore directed the secretary of the Ministry of Labour and Employment to have a meeting with his counterparts in all the states and union territories and formulate a proposal to address the social evil.

The bench wants the proposal to comprise a simplified procedure to assist the scheme of providing immediate financial assistance to the rescued child labourers.

"Taking into consideration the importance of the matter, we find that it will be appropriate to have the assistance of the Attorney General. We, therefore, request the Attorney General to assist us in the matter," it said.

The Centre was further directed by the apex court to take on board the National Human Rights Commission (NHRC) while finalising the procedure.

The matter will be heard after six weeks.

During the hearing, the counsel appearing for the petitioners flagged the issue over the immediate disbursal of financial assistance to the rescued bonded labourers.

The bench referred to Uttar Pradesh's figures and said over 4,100 released bonded labourers had not received financial assistance.

The state's counsel said they had compiled the district-wise data along with the number of bonded labourers released and the disbursements made to them and he would place it on record.

When asked how the state prevents bonded labour, the counsel said he would also place on record the procedure being followed in Uttar Pradesh.

The counsel for the petitioners said it was an inter-state issue as there were cases wherein people from Bihar were taken to Uttar Pradesh for bonded labour.

"Why don't you as a union have coordination with all the state governments?" the bench asked the Centre's counsel.

It said the secretary of the ministry concerned should hold a meeting with his counterparts in all the states and union territories and come out with a unified formula applicable to all.

The bench further observed in the digital era, there should be a portal akin to the one pertaining to missing children.

"You have to find a unified procedure," the bench remarked.

During a hearing in August, Senior Advocate H S Phoolka, appearing in the matter, said not even 10 per cent of such labourers were paid financial assistance or compensation.

In July 2022, the Apex Court agreed to hear the petition and sought responses from the Centre, the NHRC and some states and union territories on the plea.

One of the petitioners claimed he and some other bonded workers were rescued and released on February 28, 2019 from a brick kiln in Shahjahanpur district in Uttar Pradesh before being trafficked by an unregistered contractor from their native in Bihar's Gaya district.

The petitioner said he and his fellow workers were forced to work without the payment of minimum statutory wages and their fundamental rights to movement and employment were severely curtailed.