NIRMAL GORANA Vs. STATE OF TRIPURA

JUDGEMENT

(1.) It is unfortunate, rather shocking that despite and in spite of prohibition under the constitution and the statutory provisions, certain persons/establishments are continuing to keep human beings as their slaves and employ them as bonded labourers. It is equally shocking that till date there is no proper mechanism, within the State of Tripura, for enforcing what is commonly known as the "Labour Laws". The Central Government has enacted and framed the Bonded Labour System (Abolition) Act, 1976 (hereinafter referred to as "the Bonded Labour Abolition Act"); the Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979 (hereinafter referred to as "the Migrant Workmen Act"); the Central Sector Scheme for Rehabilitation of Bonded Labourer, 2016 (hereinafter referred to as "the Bonded Labourer Rehabilitation Scheme"). Yet, the State has not constituted the District Vigilance Committee(s) for enforcing the statutory provisions.

(2.) The writ petitioner, a public spirited person, by inviting attention of this Court of violation of international law obligations under the Universal Declaration of Human Rights and International Labour Organization (ILO) convention highlighted the practice of migrant labourers detained illegally and subjected to carrying out functions as a bonded labourer under coercion, threat and intimidation.

(3.) With the intervention of this Court, 7(seven) individuals kept as bonded labourers stand released. Also the State has taken all necessary steps for providing statutory benefits to these 7(seven) rescued bonded labourers. Also all financial assistance stands provided. Insofar as the personal grievance of individuals is concerned, it stands redressed and no other and further directions are required to be issued qua them.