PUBLIC UNION OF CLVIL LIBERTIES versus STATE OF TAMIL NADU AND ORS.

Citation: [2004] SUPP. 2 S.C.R. 64 · Decided: 05-05-2004 · Supreme Court of India · Bench: S. RAJENDRA BABU
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Judgment (excerpt)

A 
PUBLIC UNION OF Cl!VL LIBERTIES 
v. 
STATE OF TAMIL NADU AND ORS. 
MAY 5, 2004 
B 
[RAJENDRA BABU, CJ. AND G.P. MATHUR, j_] 
Labour Laws : 
Bonded Lahour System !Abolilion) Act, 1976--Migrant Bonded 
C Labourers--Abolition of system-Endeavours for-Various Reports, 
submissions and affidavits suggested rehabilitation of honded labour to 
be main problem in abolition of the system-Involvement of NGO 
suggested--Directions issued to Union and State Governments to 
constitute vigilance committees. to make arrangements for rehabilitation 
D on its own or with the help of philanthropic organisarions or NGOs 
and to make arrangements to sensitise the authorities in respect to 
their duties under the Act. 
Plight of Migrant Bonded Labourers was brought to the notice 
E of Supreme Court. The Court by its order dated 11.5.97 asked National 
Human Rights Commission (NHRC) to monitor and implement 
directions of the Court. NHRC constituted Group of Experts who in 
its report inter a/ia pointed out that implementation of the Act 
encompasses three functions namely, identification, release and 
F rehabilitation of bonded labour and suggested involvement of NGO in 
endeavour to abolish the system. ln response to the Report, Amicus 
Curiae suggested to organize Model Workshop involving Distt. 
G 
Magistrate and other statutory authorities to sensitize them. 
Issuing directions to the Union of State Governments, the Court 
HELD: 1. In view of the Report of the Expert Group, respondents 
to it by the Governments and that of the Amicus Curie, the Report of 
the NHRC and the various affidavits on record, the major issue that 
is to be solved is the aspect relating to rehabilitation of bonded labour. 
H Once the bonded labourers are identified and released, they have to 
64 
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PUBLIC UNION FOR CIVIL LIBERTIES v. STATE 
65 
be rehabilitated forthwith. The rehabilitation and related aspects are A 
not given adequate consideration till now. If attention is concentrated 
to identification and release of bonded labour, they will languish in 
streets, if there are no well chalked out corresponding plans for 
rehabilitation. Hence, the primary direction shall be aimed at evolving 
and implementing rehabilitation plans. Always the State may not be B 
in a position to reach out to the needy. The services of philanthropic 
organizations or NGOs could very well be utilized for rehabilitating 
released bonded labourers. State could give necessary financial 
assistance under proper supervision. [68-E-H; 69-A] 
2. Considering the vitality of rehabilitation issue in the endeavours 
to abolish bonded labour, at this stage, it is directed that all States and 
Union Territories must submit their status report in the form prescribed 
by NHRC every six months; shall constitute Vigilance Committees at 
c 
the District and Sub-Divisional levels in accordance with Section 13 of D 
Bonded Labour System (Abolition) Act, 1976 within a period of six 
months from the date of judgment shall make proper arrangements 
for rehabilitating released bonded labourers. Such rehabilitation could 
be on land-based basis or non-land basis or skilled/craft based basis 
depending upon the choice of bonded labour and his /her inclination E 
and past experience. If the States are not in a position to make 
arrangements for such rehabilitation, then it shall identify two 
philanthropic organizations or NGOs with proven track record and 
. good reputation with basic facilities for rehabilitating released bonded 
labourers within a period of six months. They shall chalk out a detailed 
plan for rehabilitating released bonded labourers either by itself or 
with the involvement of such organizations or NGOs within a period 
of six months. They shall submit a plan within a period of six months 
for sharing the money under the modified Centrally Sponsored Scheme, 
F 
in case where the States wish to involve such organizations or NGOs. 
They shall make arrangements to sensitize the District Magistrate and G 
other statutory authorities/committees in respect of their duties under 
the Act. (69-B-H; 70-A[ 
t 
CIVIL ORIGINAL JURISDICTION : Writ Petition (C) No. 3922 of 
1985. 
I-I 
66 
SUPREME COURT REPORTS [2004] SUPP. 2 S.C.R. 
A 
(Under Article 32 of the Constitution of India.) 
A.K. Ganguli, (AC), Kapil Sibbal, (AC) (NP), P.P. Malhotra, Ashok 
Bhan, Ugra Shankar Prasad, P.C. Sen, S.K. Agnihotri, A. Mariarputham, 
Ms. Aruna Mathur, Javed Mahmud Rao, Raj Kumar Mehta, Janaranjan 
B Das,
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