Lok Sabha Question No. 652 (UNSTARRED), answered on 2017-02-06
Subject: Bonded Labour
Ministry: LABOUR AND EMPLOYMENT
Asked by: JAGDAMBIKA PAL, Shrirang Appa Barne, RAHUL RAMESH SHEWALE, VINAYAK BHAURAO RAUT, RAJESH RANJAN  (PAPPU  YADAV), PRITAM GOPINATH MUNDE, RANJEET RANJAN, FEROZE VARUN GANDHI, KAUSHAL KISHORE, KAMLA DEVI PATLE

## GOVERNMENT OF INDIA MINISTRY OF LABOUR AND EMPLOYMENT LOK SABHA

## UNSTARRED QUESTION NO. 652 TO BE ANSWERED ON 06.02.2017

## BONDED LABOUR

652. SHRI JAGDAMBIKA PAL:

SHRI SHRIRANG APPA BARNE:

SHRI RAHUL SHEWALE:

SHRI VINAYAK BHAURAO RAUT:

SHRI RAJESH RANJAN:

DR. PRITAM GOPINATH MUNDE:

SHRIMATI RANJEET RANJAN:

SHRI FEROZE VARUN GANDHI:

SHRI KAUSHAL KISHORE:

SHRIMATI KAMLA DEVI PAATLE:

Will the Minister of LABOUR ANDEMPLOYMENT be pleased to state:

- (a)whether forced and bonded labour system continues to persist both in the urban/backward and rural areas despite its abolition in the country;
- (b)if so, the details thereof along with the reasons therefor;
- (c)the number of cases reported under the Bonded Labour System (Abolition) Act,  1976,  along  with  the  action  taken  by  the  Government  against  the guilty during each of the last three years and the current year;
- (d)the  number  of  bonded  labourers  identified,  released  and  rehabilitated along with the funds provided to the States under    the Bonded Labourers
- Rehabilitation scheme during the said period, State/UT-wise; and
- (e)the  further  steps  taken/being  taken  by  the  Government  to  completely
- abolish bonded labour system in the country?

## ANSWER

## MINISTER OF STATE (IC) FOR LABOUR AND EMPLOYMENT

## (SHRI BANDARU DATTATREYA)

- (a) & (b): Instances  of  prevalence  of  bonded  labour  system  are  noticed now  and  then  even  after  its  abolition  by  the  law  with  effect  from  25 th October,  1975.  The  root  of  the  problem  lies  in  the  social  customs  and economic compulsions.
- (c) & (d): Action  against  the  guilty  under  the  Bonded  Labour  System (Abolition) Act, 1976 is taken by the respective State/UT Governments. Under the  Act,  the  District  Magistrate  has  been  conferred  with  the  powers  of Judicial  Magistrate  of  first  class  for  convicting  the  perpetrators  of  bonded labour system. The Act provides for punishment of imprisonment for a term upto three years and fine upto Rupees Two thousand for extracting bonded

labour. The Central Government does not maintain records in respect of the number of cases reported under the Bonded Labour System (Abolition) Act, 1976 and the action taken by the State/UT Government against the guilty.

The State-wise number of bonded labour released and rehabilitated alongwith the funds provided by the Central Government under the  Bonded Labour Rehabilitation Scheme  during the last three years and current year is as under:

| Year                      | State         |   Number of bonded labour released and rehabilitated |   Amount (Rs. in lakh) |
|---------------------------|---------------|------------------------------------------------------|------------------------|
| 2013-14                   | Odisha        |                                                   28 |                    2.8 |
|                           | Rajasthan     |                                                  150 |                   15   |
|                           | Uttar Pradesh |                                                 1800 |                  180   |
| 2014-15                   | Chhattisgarh  |                                                  853 |                   85.3 |
| 2015-16                   | Uttar Pradesh |                                                 2216 |                  221.6 |
| 2016-17 (upto 31.12.2016) | Bihar         |                                                 1792 |                  179.2 |

(e): The  Constitution  of  India  vide  Art.23  prohibits  forced  labour following  which  the  Bonded  Labour  System  (Abolition)  Act,  1976  has  been enacted.

In order to assist the State Governments  in the task of rehabilitation of identified and  released  bonded  labourers,  a  Centrally Sponsored Plan Scheme for Rehabilitation of Bonded Labour was in operation since May, 1978.

The  Government  has  revamped  the  Centrally  Sponsored  Plan Scheme for  Rehabilitation  of  Bonded  Labourers  with  effect  from  17 th   May, 2016.    The  revamped  scheme  is  known  as  'Central  Sector  Scheme  for Rehabilitation of Bonded Labourer, 2016'.

## The salient features of the Scheme are as under:

- (1) The  revised  scheme  is  a  Central  Sector  Scheme.  The  State Government is not required  to  pay  any  matching  contribution  for the purpose of cash rehabilitation assistance.
- (2) Financial assistance has been increased from Rs. 20,000/- to one lakh  per  adult  male  beneficiary,  Rs.  2  lakh  for  special  category beneficiaries such as children including orphans or those rescued from organized & forced begging rings or other forms of forced

- child  labour,  and  women  and  Rs.  3  lakh  in  cases  of  bonded  or forced labour involving extreme cases of deprivation or marginalization  such  as  trans-genders,  or  woman  or  children rescued  from  ostensible  sexual  exploitation  such  as  brothels, massage  parlours,  placement  agencies  etc.,  or  trafficking,  or  in cases  of  differently  abled  persons,  or  in  situations  where  the District Magistrate deems fit.
- (3) The  amount  of  assistance  for  survey  of  bonded  labourers  is  Rs. 4.50 lakh per district.
- (4) The  release  of  rehabilitation  assistance  has  been  linked  with conviction of the accused.   In cases where the trial has not been concluded, but the District Administration has arrived at  a prima facie  finding  and  proof  of  bondage,  then  the  proposal  for  cash assistance shall not be stopped for want of details of conviction. However,  final  disbursement  of  cash  assistance  and  non-cash assistance  shall  be  made  upon  proof  of  bondage  and  other  legal consequences as per judicial process.
- (5) Scheme  provides  for  creation  of  a  Bonded  Labour  Rehabilitation Fund at District level by each State with a permanent corpus of at least  Rs.  10  lakh  at  the  disposal  of  the  District  Magistrate  for extending immediate help to the released bonded labourers.
- (6) The  fund  is  released  by  the  Ministry  under  the  Scheme  to  the District  National  Child  Labour  Project  Society  and  the  District Project  Society  in  turn  releases  the  fund  to  the  implementing agencies including the district administration.
- (7) The benefits prescribed above shall be, in addition to, other cash or  non-cash  benefits  which  a  beneficiary  under  this  scheme  is entitled to, by or under any other scheme or law applicable for the time being in force. Further, the above benefits would be additionality to other land and housing elements etc. as mentioned below:
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- Allotment of house-site and agricultural land.
- Land development.
- Provision of low cost dwelling units.
- Animal husbandry, dairy, poultry, piggery etc.
- Wage employment, enforcement of minimum wages etc.
- Collection and processing of minor forest products.
-  Supply of essential commodities under targeted public distribution system.
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- Education for children.

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