ITANAGAR BENCH BOPALPUROIK Vs. STATE OF ARUNACHAL PRADESH

JUDGEMENT

(1.) This case is a sad revealation of the insensitiveness of one human being towards preserving the dignity of another human being and it was ultimately with the help of a Public Interest Litigation (hereinafter referred to as "the PIL") that the age old wrong done by one human being towards another human being was stopped by Court, but the wrong done has not yet been completely undone.

(2.) This case has a history and the history starts with a PIL, which was filed in 1985 in Madras High Court on behalf of the thousands of bonded labourers. The Apex Court, eventually, passed an order, on 13.05.94, in this PIL, known as Union of Civil Liberties vs. State of Tamil Nadu & others, reported in (1994) 5 SCC 116 directing the States to inter alia, identify bonded labourers and to identify the villages, where the practice of bonded labour was prevalent and to provide them employment and ensure rehabilitation of victims of ageold bonded labour system.

(3.) In the above backdrop, we need to understand the case of the petitioner, which, briefly stated, runs as follows: (i) The petitioner, who is a permanent resident of village, Dongko Circle-Lada, District East Kameng. Arunachal Pradesh, belongs to Puroik (Sullung) Tribe, which is a notified Scheduled Tribe Community. This is a community, which used to be a tribe of bonded labours. A survey conducted by the Deputy Commissioner, East Kameng District, Seppa, in pursuance of the PIL aforementioned, revealed the existence of about 700 bonded labourers locally called Sullung and they were accordingly treated as bonded labourers within the meaning of Bonded Labour System (Abolition) Act, 1976. The Puroik tribe is a compact social group, which is economically weak and live in inaccessible high hills of East Kameng District. They have been slaves to the Bangnies, a major tribe of the area, who forced the Puroik to work in the houses and Fields of Bangnies without any right to claim wages. The Puroik were also found working as slaves under Nichis. On passing higher Secondary Examination and on being, admittedly, qualified for receiving appointment, the petitioner was, in consequence of a due selection process, appointed as UDC at the Arunachal Secretariat in the year 1993, where he still works in the same capacity. While so working, the petitioner continued to pursue his studies and obtained graduation in Arts in the year 1997 from the Government College, Itanagar, he being the first graduate from the Puroik tribe, which consists of about 1,000 members. In pursuance of the direction of the Apex Court, Govt. of Arunachal Pradesh constituted a High Power Committee for making recommendations for the purpose of rehabilitation and settlement of bonded labour (Sullung). The Committee submitted its report under seven different heads, namely, (i) Relief of Sullung and other, (ii) Land for re-settlement of Sullung; (iii) Housing facilities, (iv) Employment opportunities; (v) Educational facilities; (vi) Political pressure and participation and (vii) Other assistance/benefits. The recommendations were placed before the Government and after the Cabinet approved the same, the government sent instructions to the concerned departments for implementation. (ii) As per the recommendations of the High Power Committee vide Clause D - Employment opportunities, a Sullung graduate should be directly considered for appointment as Extra Assistant Commissioner (EAC in short) or identical post in the Government or semi-Government department and a class XII passed Sullung person shall be considered for the post of Circle Officer or for some equivalent post. The department of Labour vide their office communication, dated 23.12.98, issued under Memo No. LAB(W)-22/97, sent the copy of the recommendations to the Secretary, Home, Personnel, Land Record, Rural Development, Education, Agriculture, Horticulture, Power, PWD, RWD and the Deputy Commissioner, East Kameng, for necessary action. Thereafter, the Deputy Commissioner, East Kameng, being empowered under Section 11 of the Bonded Labour System (Abolition) Act, 1976 issued, an order, dated 17.02.99 contained in Memo No. PD(SW)-7/98-99, prohibiting engagement of bonded labour. Accordingly the authority concerned issued a release certificate discharging the petitioner from the obligation of rendering service as a bonded labour. (iii) Being entitled to be appointed as EAC by virtue of the recommendations made by the High Power Committee in consonance with the spirit of the directions given by the Supreme Court, on the subject of bonded labour, the petitioner submitted, a representation, on 26.05.99, addressed to the Chief Minister, Arunachal Pradesh, seeking direct appointment as EAC, but nothing concrete has resulted so far. The Deputy Commissioner, Seppa, who is Chairman of the Monitoring Cell on Abolition of Bonded Labour vide his communication, dated 16.07.99, contained in Memo No PA/ MISC/1/1999, addressed to the Commissioner (Personnel, Administration Reforms and Training) made a request for doing the needful for appointment of eligible Sullung Tribe candidates as EAC and Circle Officer. The petitioner claims that the respondents ought to have appointed him in the post of EAC as he is the first Sullung graduate of Arunachal Pradesh.