Professional Documents
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Bandhua Mukti Morcha Hard
Bandhua Mukti Morcha Hard
Bandhua Mukti Morcha Hard
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
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.
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.
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.
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.