The Supreme Court directed the Secretary of the Ministry of Labour and Employment to file a detailed affidavit outlining steps taken to tackle inter-state trafficking of bonded labourers. The Court also sought specific measures addressing exploitation of minors and ongoing enforcement actions.
The Supreme Court directed the Secretary of the Ministry of Labour and Employment to file an affidavit detailing the steps taken to tackle the issue of inter-state trafficking of bonded labourers, including minors.
A bench comprising Justices Vikram Nath and Sandeep Mehta said the affidavit should also specify what additional directions, if any, were needed from the apex court in the matter.
The Court was hearing a petition seeking enforcement of fundamental rights of persons trafficked as bonded labourers.
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Attorney General R. Venkataramani, previously asked by the Court to assist in the proceedings, told the bench that several developments had occurred.
The bench then made the following observation,
“Why don’t you ask one of the secretaries to file an affidavit,”
The bench noted that the attorney general had submitted a note reflecting the action taken by the ministry and the status of the relevant scheme. It said it would be appropriate for an affidavit to be filed by the Secretary of the Ministry of Labour and Employment and that it should be submitted within three weeks.
The bench further said the affidavit should indicate what further directions were required from the court so that suitable orders could be passed on the next date of hearing.
The matter was then posted for hearing on May 19.
Senior advocate H. S. Phoolka, appearing for the petitioner, said that about 11,000 children had been rescued from different states, but only 971 of them had received immediate financial assistance.
He submitted that while hearing the case in November 2024, the Supreme Court had directed the Secretary of the ministry to convene a meeting with counterparts from all states and Union Territories.
The Court had asked that the meeting produce a proposal to address inter-state trafficking issues and the issuance of release certificates. It also directed that the proposal include a simplified procedure to effectively implement the scheme, ensuring immediate financial assistance to rescued bonded labourers, including children.
The apex court had also directed the Centre to involve the National Human Rights Commission in finalising the procedure.
The Court had observed that the core problem lay in the disbursal of immediate financial assistance to rescued children, since in some instances minors were taken from their home states and forced into bonded labour in adjoining states.
In July 2022, the Supreme Court agreed to hear the petition and sought responses from the Centre, the NHRC, and several states and Union Territories. One of the petitioners alleged that he and other bonded workers were rescued and released on February 28, 2019 from a brick kiln in Shahjahanpur district in Uttar Pradesh.
He alleged that after their release, they were trafficked by an unregistered contractor from their native villages in Bihar’s Gaya district.
The petitioner further claimed that he and his fellow workers were forced to work without payment of minimum statutory wages, and that their fundamental rights to movement and employment were severely restricted.