BANDHUA MUKTI MORCHA v.

UOI
AIR 1984 SC 802 AIR 1992 SC 38 AIR 1997 SC 2218 Appellants: Bandhua Mukti Morcha V. Respondent: Union of India (UOI) and Ors.

Hon'ble Judges:
o P.N.BHAGAWATI, R.S.PATHAK, AMARENDRS NATH o K. RAMASWAMY, S. SAGHIRAHMAD o RANGANATH MISRA, C.J., M.M. PUNCHHI AND S.C. AGRAWAL, JJ

CASE NOTE:
Constitution - bonded labour - Bonded Labour System (Abolition) Act, 1976 petition filed complaining about prevalence of bonded labour system in Haryana wherein stone quarry workers were living in most inhuman conditions - Court appointed Commissioners to inquire into matter - Court issued directions to State and Central Government on basis of report of Commissioners and appointed another Commissioner to inquire whether directions being followed by mines lessees and stone crusher owners - report of Commissioner indicated that enforcement of Act not adequate and no substantial steps taken for implementation of Court's directives - direction issued to State to ensure improved conditions of service and facilities to workmen engaged in bonded labour

FACTS OF THE CASE

A letter addressed to this Court complaining about prevalence of bonded labour system in Cutton, Anangpur and Lakkarpur areas of Faridabad District in Haryana State wherein the stone quarries workers are living in most inhuman conditions. A letter addressed to the Court complaining about prevalence of bonded labour system to stop employment of children in Carpet Industry in the State of Utter Pradesh; to appoint a Committee to investigate into the matter.

Most of them are from M.P., U.P., Maharashtra, Rajasthan, and Bihar. These letters are treated as a writ petition under Article 32 of the Constitution. These writs were treated as a Public Interest Litigation. This writ was filed to prohibit the employment of children below 14 years of age and to give them facilities like education, health, sanitation, nutritious foods etc.

MAIN ISSUES OF THE CASE

(i) whether an application under Article 32 of the Constitution was maintainable, particularly when no allegation of infringement of petitioner's fundamental right was made; (ii) whether a letter addressed to the Court could be treated as a writ petition and be proceeded with in the absence of support by affidavit or verification; and (iii) whether the Court had power to appoint Commissioners or an investigative body to inquire into allegations made in the petition and by affidavits and require reports to be made to the Court for facilitating exercise of its jurisdiction under Article 32 of the Constitution

CONTENTION OF PETITIONERS
The main contention of the petitioner group is that employment of the children in any industry or hazardous industry is violation of art. 24 That these poor unfortunate workmen who lead a miserable existence in small hovels, exposed to the vagaries of weather, drinking foul water, breathing heavily dust-laden polluted air and breaking and blasting stone all their life, They are being treated as slaves and are subject to physical torture.

DIRECTIONS OF THE COURT

After looking into the matter court appointed advocates to personally visit to stone quarries and carpet industries and report to court about the conditions in which workers are living and to ; Whether children are being exploited or not On the basis of this report the petitions were raised

FINDINGS OF THE REPORT

Discloses the enormity of the problems to which the children are subjected and stated that Freedom is not only the monopoly of a few but belongs to them all and that they are also equally entitled along with others to participate in the fruits of freedom and development. According to the report court has given certain directions which are summarized as follows: identification of bonded labour, release of bonded labour , rehabilitation of the freed bonded labourers, ensuring minimum wages to them,

 organize periodic camps to educate the workmen about the rights and benefits conferred upon them by social welfare and labour laws, Provide adequate medical and first aid facilities, workman who is required to carry out blasting with explosives should be trained, Inspecting Officers to carry out surprise checks to ensure the enforceability of all the provisions, arrangement for continuous spraying of water and installation of dust sucking machine, start obtaining drinking water from any unpolluted source or sources of supply and to transport it by tankers to the work site , Drinking water vessels shall be kept in clean and hygienic condition. The Inspecting Officer of the Central Government as also of the State Government will visit each stone quarry or stone crusher at least once in a fortnight and ascertain whether there is any workman who is injured or who is suffering from any disease or illness and what arrangements are made for him/her.

ORDER GIVEN BY COURT

Court's judgment to regulate such matters has inherent limitations. These are not schemes which could be conveniently monitored by a court - far less can the apex court keep track of the matter. To get attention for a matter of this type from the Court is bound to take some time. Human problems in their normal way do not wait for a time schedule for attention. In such circumstances, it should be the obligation of the State which on account of running stone quarries within its area must in various ways be getting benefits to look after these aspects. As a welfare State it is now the obligation of the State to cater to these requirements of the area.

RELATED ARTICLES & ACTS

Labour Law; Constitution of India - Articles 21, 23, 24, 32, 38, 39, 42, 43, 45, 47 and 48A

 Bonded Labour System (Abolition) Act, 1976 - Section 13; Contract Labour (Regulation and Abolition) Act, 1970; Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979; Minimum Wages Act, 1948; Maternity benefit act,1961; Article 21-protection of life and personal liberty. Article 23-prohibition of traffic in human beings and child labour. Article 24- prohibition of employment of children in factories etc. Article 32- remedies for enforcement of rights conferred by this part. Article 38-state to secure a social order for the promotion of welfare of the workers. Article 39 certain principles of policy to be followed by the state. Article 42- provision for just and humane conditions of work and maternity relief. Article 43- living wage etc., for workers. Article 45- provision for early childhood care and education to children below the age of six years. Article 47- duty of state to raise the level of nutrition and the standard of living and to improve public health.