The Supreme Court of India reinforced that the plea regarding trafficked bonded labourers is non-adversarial, urging collaboration between the Centre and states. A brief on measures taken since November 2024 highlighted significant gaps in immediate financial aid to released labourers, emphasizing the need for a unified strategy to tackle inter-state trafficking and support victims effectively.
New Delhi: The Supreme Court of India today emphasized that the plea to enforce the fundamental rights of trafficked bonded labourers is not adversarial. The bench, comprising Justice B R Gavai and Justice Augustine George Masih, made this statement while hearing submissions from Attorney General R Venkataramani, who updated the court on measures taken following its November 2024 directives.
The court’s November 2024 order had instructed the Centre to hold consultations with all states and union territories (UTs) to propose solutions for addressing the inter-state trafficking of bonded labourers and the issuance of release certificates. The attorney general informed the court that a committee was formed, and recommendations have been made to tackle the issue.
“This is not an adversarial litigation,”
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the bench stated, underscoring the collaborative approach required to address the plight of trafficked bonded labourers.
The Supreme Court highlighted the disturbing statistics from Uttar Pradesh. Of the 5,264 bonded labourers released in the state, only 1,101 received immediate financial assistance, while 4,167 were left without support. The bench reiterated the need for a unified approach by the Centre and states to resolve this pressing issue effectively.
The petitioners’ counsel noted ongoing challenges, including delays in providing immediate financial assistance to rescued labourers, particularly children. They sought time to submit their suggestions, prompting the court to post the matter for hearing after two weeks.
In its November 2024 order, the Supreme Court had tasked the Secretary of the Ministry of Labour and Employment with convening a meeting of counterparts from all states and UTs. The objective was to formulate a unified strategy to address the inter-state trafficking of bonded labourers and streamline the process of issuing release certificates.
One petitioner recounted his harrowing experience of being trafficked by an unregistered contractor from Gaya, Bihar, to a brick kiln in Shahjahanpur, Uttar Pradesh. Rescued in February 2019, he and fellow workers were forced to work without minimum wages, with their fundamental rights to movement and employment severely restricted.
The Supreme Court initially agreed to hear the petition in July 2022 and sought responses from the Centre, the National Human Rights Commission (NHRC), and states on the plea to enforce the fundamental rights of trafficked bonded labourers.
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