JAI SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) IT is distressing to note that the malady of bonded labour and debt bondage is still prevalent in the country even after 46 years of the coming into force of the Constitution of India and enactment of Bonded Labour System (Abolition) Act 1976, 20 years back.

(2.) THIS petition has been filed under Articles 226/227 of the Constitution of India for issuance of a writ in the nature of mandamus directing the respondents to release petitioner No. 2 and her family from the debt bondage of Gurdial Singh respondent No. 3.

(3.) ALLEGATIONS made in the petition are that Sukhdev Singh husband of petitioner No. 2 was attached as agricultural labour with one Gurdial Singh respondent No. 3. At the time of this employment about four years back Sukhdev Singh was given a debt of Rs. 7,000/- by respondent No. 3. It is' alleged that Sukhdev Singh along with petitioner and other family members namely Punna 55 years (mother-in-law) Miss Kiran 3 years (daughter) and Ravi 11 years (son) were shifted by respondent No. 3 from his farm at Punnia to Abhadan against their wishes. Respondent No. 3 did not pay full wages to Sukhdev Singh wages were being adjusted against the interest which may raise from the loan of Rs. 7000/- which had been advanced to Sukhdev Singh. Sukhdev Singh was paid inadequately and it was difficult for him to make both ends meet. Apart from this respondent No. 3 also forced Mrs. Punna mother-in-law of petitioner No. 2 to work as a Labour at his farm without paying any wages under inhuman condition from morning till evening without giving any rest day. It is further alleged that respondent No. 3 did not permit Sukhdev Singh to celebrate the 'pir Niqah' ceremony of his son. He was also not allowed to attend the marriage of his sister which was held on 5. 6. 1995. Persons kept in illegal private custody were also given beatings off and on.