LexP. SIVASWAMY versus STATE OF ANDHRA PRADESH
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A B c P. SIVASWAMY v. STATE OF ANDHRA PRADESH AUGUST 10, 1988 [RANGANATH MISRA AND M.N. VENKATACHALIAH, JJ.] Bonded Labour System (Abolition) Act, 1976--Section 4-- Abolition of Bonded Labour-Every Bonded Labour stands freed from commencement of Act-Identification of Bonded Labour-A difficult task-States must discharge its obligation cast under the Act- Situation is very unsatisfactory-No employer should take advantage of the economic disability of a brother citizen. Public Interest Litigation-A letter written by the Secretary of a social organization alleging prevalence of bonded labour in stone quar- ries in Andhra Pradesh treated as writ petition-Difficult for Court to D entertain separate complaints alleging prevalence of bonded labour. E Section 4 of the 1Jonded Labour System (Abolition) Act, 1976 abolishes the bonded labour system and states that on commencement of the Act every bonded labourer shall stand freed and discharged from any obligation to render any bonded labour. The Secretary of a social organization in Tamil Nadu wrote a letter to the Court alleging prevalence of bonded labour in stone quar- ries in several districts of Andhra Pradesh. This letter was registered as a writ petition. Three other similar applications were also received and registered as writ petitions. During the pendency of the petitions, the F court passed certain interlocutory orders. In the first order the Court directed the District Magistrate, Hyderabad and a representative of a social organisation (AW ARE) to visit the site and make a report to the court within two weeks. In the next order the court asked the ·respon- dent State of Audhra Pradesh to file an affidavit showing how many bonded labourers had been identified and released since l.1.1983 and G whether they had been rehabilitated and if so, in what manner and if there is a follow up action. If not rehabilitated then what steps were being taken by the State to do so. It was also directed that Vigilance Committees be set up and a member of social organizations may also be included as a member in each committee. After the District Judge sub- mitted his report the Court asked the State Government to take further ,'H ~teps and see that several relevant labour laws applicable to labour 346 P. SIVASWAMY v. STATE OF A.P 347 workinii. in stone quarries are fully implemented. The Court also A directed that a Joint Secretary of the Ministry of Labour, Government of India should visit the relevant stone quarries to hold an enquiry for the purpose of ascertai.ning whether there was existence of bonded labour arid whether the several relevant mines laws and labour laws were being observed. After the receipt of the report of the Joint Secre- tary, the Court directed the State of Andhra Pradesh to carry out the B suggestions and recommendations made in the said report and to file an affidavit setting out what steps and measures have been taken by the State Government on the recommendations made by the Joint Secre- tary. The Court also issued notice to the Central Government to take steps to ensure that the provisions of the Mines Act and the connected laws are observed in the stone quarries. As a result of the action taken C by the Court about 2200 bonded labourers were freed. The State of Andhra Pradesh arranged for their transport to their homes situated in the States of Orissa, Karnataka and Tamil Nadu. The State Govern- ments of these three States were directed to take further steps for the rehabilitation of the bonded labourers and submit a report to the Court. Pursuant to this direction the State ofOrissa submitted a report D showing how these persons were rehabilitated by providing assistance to· them. The State of Tamil Nadu also filed a report after repeated directions and stated the measures being taken by them for rehabilita- tion of these labourers. However, in spite of repeated directions the State of Karnataka did not cooperate.in filing an affidavit showing how they have rehabilitated the freed bonded labourers. E The Court while disposing of the writ petitions and giving some more time to the State of Karnataka to do the needful. HELD/OBSERVED: Detailed provisions· have been made for extinguishment of liability to repay bonded debt, implementing autho- F rities have been set up, vigilance committees have been provided, resort to bonded lalJour has been made an offence and steps for rehabilitation
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