NHRC issues fresh Advisory on Bonded labour to the Centre, States and UTs; recommends, among others, delinking of relief package to the victim of bonded labour from the outcome of criminal proceedings to avoid delay

New Delhi, 14th December, 2021

Mr. Justice Arun Mishra, Chairperson, National Human Rights Commission, NHRC, India, has expressed serious concerns over the inordinate delay in the release of relief package to the victims of bonded labour. In a fresh Advisory to the Centre, States and UTs , the Commission has them to make efforts to delink the issue of relief package from the outcome of the criminal proceedings in the case as the victim has no control nor is associated in the trial.

As regards the prevalence of bonded labour, the Commission has said that the focus of the State and District level functionaries, should not only be limited to brick kilns alone but also in domains where bonded labour system has manifested itself in newer forms like in Construction Industry, Shopping Malls, Call Centres, Massage Parlour, etc. The newer forms of bonded labour need to be identified for providing relief to them as per the existing Act and Scheme.

The proposed National Portal on Bonded Labour should, inter-alia, include Rehabilitation Data, details of visit and functioning of Vigilance Committees, data obtained from the State labour departments, data relating to surveys, data on advancement of cash and non-cash benefits to Bonded Labour, pending criminal cases and date of initiation and outcome and features of case management.

The District Administration should bear the expenses of providing food and safe transportation facilities to the released labourers.

In context of Non-Cash Assistance, the District Magistrate to ensure that the benefits available under CSS-2016 such as allotment of house-site and agricultural land, land development, provision of low cost dwelling units, animal husbandry, dairy, poultry, piggery, etc., wage employment, enforcement of minimum wages etc., collection and processing of minor forest products, supply of essential commodities under Targeted Public Distribution System and education to children, should be given to the families of released bonded labourers.

The Commission has asked the State Governments and UTs to identify households in extreme vulnerable conditions so as to prevent any instance of bonded labour by providing them with free ration, healthcare and other social security cover to the vulnerable and the marginalised communities.

One of the other important components of this Advisory is that the Commission has asked the concerned authorities that they should also invoke the provisions of SC/ST (Prevention of Atrocities Act, 1989), if a Bonded Labour belongs to those communities in addition to invoking the provisions the Bonded Labour System (Abolition) Act to give him relief.

The Commission has also asked to fix the accountability of the officers and bridging the gaps in the implementation of the legal provisions. A lot of emphasis on Prevention of Bonded Labour besides Identification, Rescue, Repatriation and their Rehabilitation.

The registration of informal workers on e-Shram portal has also been asked to be simplified besides the process of creation and recoupment of corpus funds thereof.

The Commission, in a letter through its Secretary General, Mr. Bimbadhar Pradhan to the Union Ministry of Labour and Employment and the Chief Secretaries/ Administrators of States and Union Territories, has asked for the implementation of its recommendations in the Advisory and the action taken report within 90 days.

The detailed Advisory can be seen at the website from the link Click here

*****