STATISTICS

Constitutional Provisions, Central Acts and Rules on Bonded Labour

Vol. 9, Issue No. 2, January - April, 2014

Constitution of India

Article 23. Prohibition of traffic in human beings and forced labour – (1) Traffic in human beings and begar and other similar forms of forced labour are prohibited and any contravention of this provision shall be an offence punishable in accordance with law.

Nothing in this article shall prevent the State from imposing compulsory service for public purposes, and in imposing such service the State shall not make any discrimination on grounds only of religion, Race, caste or class or any of them.

Central Acts and Rules on Bonded Labour

Bonded Labour System (Abolition) Act, 1976 (No. 19 of 1976).
Bonded Labour System (Abolition) Rules, 1976.

Certain other Legislations, Schemes and Directions/ Guidelines related to Child Labour and Bonded Labour

Protection of Civil Rights Act, 1955 (No. 22 of 1955).
Immoral Trafficking (Prevention) Act, 1956 (No. 104 of 1956).
Contract Labour (Regulation and Abolition) Act, 1970 (No. 37 of 1970).
Contract Labour (Regulation and Abolition) Rules, 1971.
Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979 (No.30 of 1979).
Inter – State Migrant Workmen (Regulation of Employment and Conditions of Service) Central Rules, 1980.
Indian Penal Code.1860 (No.45 of 1960) Section 374. (Listed Below)
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (No. 33 of 1989). (Listed Below)Section 3 (1) (vi).Section 3 (1) (vii).
Constitution of India Article 23.(Listed Below)
Guidelines for release of funds under the centrally sponsored scheme for Rehabilitation of Freed Bonded Labour.
NHRC, India Recommendations. (Available on http://nhrc.nic.in )
NHRC, India, Annual Reports, 2002-2003 to 2006-07.(Available on http://nhrc.nic.in)

Indian Penal Code, 1860 (No. 45 of 1860)

Section 374 Unlawful Compulsory Labour – Whoever unlawfully compels any person to labour against the will of that person, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.

Classification of Offence

Punishment– Imprisonment for 3 years and also with fine which may extend to two thousand rupees, or both–Cognizable – Bailable – Tribal by any Magistrate – Non – compoundable.

Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989

Section 3 (vi) Compels or entices a member of a Scheduled Caste or a Scheduled Tribe to do ‘begar’ or other similar forms of forced or Bonded Labour other than any compulsory service for public purposes imposed by Government.
(vii) Forces or intimidates a member of a Scheduled Caste or a Scheduled Tribe not to vote or to vote a particular candidate or to vote in a manner other than that provided by law.

Bibliography

Author Name:
Title of the Article: Constitutional Provisions, Central Acts and Rules on Bonded Labour
Name of the Journal: Labour File
Volume & Issue: 9 , 2
Year of Publication: 2014
Month of Publication: January - April
Page numbers in Printed version: Labour File, Vol.9-No.1-2, January - April 2014, Brick Kiln Workers in India: Migrating into Bondage (Statistics - Constitutional Provisions, Central Acts and Rules on Bonded Labour- pp 67-68)
Weblink : https://www.labourfile.com:443/section-detail.php?aid=760

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