CRITICAL ANALYSIS OF THE JUDGMENT

The various portions of the judgment which deserve a comprehensive criticism are as follows:-

1. According to the report submitted by the NHRC, all the states and union territories had to
submit their Action Taken Reports (ATRs) but most of them were incomplete which
resulted into the return of such reports for the purposes of clarification and furnishing of
additional information by the commission.
2. Secondly, it was also recommended by the commission to set up Vigilance Committees at
the district as well as sub-district levels with reference to Section 13 of the Bonded
Labour (Abolition) Act, 1976. The officers appointed for this behalf were not taking the
complaints filed seriously as these were low-ranked officers who lacked professionalism
and sensitivity to conduct further investigation.
3. Furthermore, the surveys which were supposed to be conducted by the states and union
territories were not being done on a regular basis. And even when conducted, the results
showed that there were no bonded labourers in that region. This is a statutory obligation
upon the part of the Vigilance Committees of the states/union territories as has also been
mandated under Section 14(e) of the Bonded Labour (Abolition) Act, 1976.
4. The administrative machinery of the states/union territories also have a role to act upon as
has been recommended by the commission. The execution of the redressal of the
complaints filed and the inquiry which follows and also, the surveys which have to be
conducted by the Vigilance Committees as stated above requires an efficient
administration. All the concerned persons in this regard, i.e., the District Magistrate, the
statutory authorities/committees appointed on this behalf, etc. have to take suitable action
and thus, improve the existing condition of the bonded labourers in the country.
5. Lastly, the Act of 1976 has not been implemented properly which has been one of the
major factors for the results at hand. As has also been stated under the recommendations
made by the NHRC, the guidelines and the methodology which had been forwarded to
the states/union territories for the identification of bonded labourers, the evidence of it
being applied in reality was almost nil.