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An Analysis in The Light of Bandhua Mukti Morcha Vs Union of India Case
An Analysis in The Light of Bandhua Mukti Morcha Vs Union of India Case
I. INTRODUCTION
Bandhua Mukti Morcha is an organization dedicated to the cause of
release of bonded laborers in the country. The system of bonded labor
has been prevalent in various parts of the country since long prior to
the attainment of political freedom and it constitutes an ugly and
shameful feature of our national life. This system based on
exploitation by a few socially and economically powerful persons
trading on the misery and suffering of large numbers of men and
holding them in bondage is a relic of a feudal hierarchical society
which hypocritically proclaims the divinity of men but treats large
masses of people belonging to the lower rungs of the social ladder or
Economically impoverished segments of society as dirt and chattel.
This system under which one person can be bonded to provide labor
to another for years and years until an alleged debts supposed to be
wiped out which never seems to happen during the life time of the
bonded laborer, is totally incompatible with the new egalitarian socio-
economic order which we have promised to build and it is not only an
affront to basic human dignity but also constitutes gross and revolting
violation of constitutional values.
Slavery persists in our age in various forms. The bonded labor system
is one of them. Child labour is another kind of bonded labour. Both
arise out of socio-economic and historical reasons. India, the largest
democratic country in the world, has 65 million bonded child
labourers, and 300 million adult labourers living a life of bondage and
contemporary forms of slavery, according to our estimates. This is
despite Constitutional guarantees and prohibitive laws like the
Bonded Labour System (Abolition) Act 1976, the Child labour
(Prohibition and Regulation Act) 1986 and International Conventions
on the subject. Child labour (5 years to 14 years of age) is rampant not
only in agriculture but also in industries such as those manufacturing
matches, locks, carpets, stone quarries, brick kilns, tanneries and
diamond cutting and polishing units. These children are denied their
fundamental right to childhood, to education, to play and to dream
like a normal child. They have to labour for more than 8 hours every
day. Legal and human rights battles on their behalf have been
successfully fought in the Supreme Court of India. Parliament too has
been approached. United Nations Human Rights Commission, ILO
and UNICEF have been sensitized. Yet, the 20 year-old struggles is
only a beginning. A lot more remains to be done.
II. FACTS OF THE CASE
It would be instructive to briefly discuss the facts of the case before
delving into the legal issues arose therein.
The second ground which raises the question whether the letter
addressed by a party to this Court can be treated as a writ petition and
in the absence of any verified petition this Court can be moved to
exercise its writ jurisdiction, is essentially an objection to the
procedure to be adopted by this Court in the matter of entertaining a
proceeding under Article 32 for enforcement of fundamental rights of
the parties. Article 32(1) of the Constitution which has been earlier set
out guarantees the right to move this Court by an appropriate
proceeding for the enforcement of the fundamental rights. Article
32(2) confers wide powers on this Court in the matter of granting
relief against any violation of the fundamental rights. Article 32 or for
that matter any other article does not lay down any procedure which
has to be followed to move this Court for relief against the violation
of any fundamental right. Article 32(1) only lays down that the right
to move this Court by appropriate proceedings for enforcement of
fundamental rights is guaranteed.
…………………………………… APPEALANT
V.
……………………………………………. RESPONDENT