Labour Exploitation Prosecutions
1. Bandhua Mukti Morcha v. Union of India (1984)
Court: Supreme Court of India
Citation: AIR 1984 SC 802
Facts: The case was initiated by a public interest litigation filed by Bandhua Mukti Morcha, an NGO, highlighting the prevalence of bonded labour in the stone quarries of Haryana.
Judgment: The Supreme Court directed the establishment of vigilance committees at the district level to identify and release bonded labourers. The Court emphasized that the mere existence of a debt does not justify forced labour.
Significance: This case marked a significant step in recognizing bonded labour as a violation of fundamental rights under Article 21 (Right to Life and Personal Liberty) of the Constitution.
2. Vishal Jeet v. Union of India (1990)
Court: Supreme Court of India
Citation: AIR 1990 SC 1412
Facts: This public interest litigation addressed the trafficking of women and children for sexual exploitation. It was brought to the Court's attention by Vishal Jeet, an activist.
Judgment: The Supreme Court directed the central and state governments to take immediate steps to prevent trafficking and to rehabilitate the victims.
Significance: The case led to the formulation of guidelines for the prevention of trafficking and the protection of victims, reinforcing the state's obligation to prevent exploitation.
3. Gaurav Jain v. Union of India (1997)
Court: Supreme Court of India
Citation: AIR 1997 SC 3021
Facts: The petitioner, Gaurav Jain, filed a writ petition highlighting the exploitation of children in prostitution and the need for their rehabilitation.
Judgment: The Supreme Court directed the establishment of a comprehensive rehabilitation scheme for children rescued from prostitution, including their education and social integration.
Significance: This case underscored the state's responsibility to protect children from exploitation and to provide avenues for their rehabilitation.
4. People's Union for Civil Liberties v. Union of India (1997)
Court: Supreme Court of India
Citation: AIR 1997 SC 1203
Facts: This case involved the exploitation of bonded labourers in various parts of India, brought to light by the People's Union for Civil Liberties.
Judgment: The Supreme Court directed the government to take immediate steps to identify and release bonded labourers and to provide them with rehabilitation.
Significance: The Court emphasized the need for effective implementation of the Bonded Labour System (Abolition) Act, 1976, and the importance of rehabilitation measures.
5. All India Workers' Union v. State of Maharashtra (2025)
Court: Supreme Court of India
Citation: 2025 INSC 144
Facts: This case addressed the exploitation of contract labourers in the construction sector in Maharashtra.
Judgment: The Supreme Court upheld the rights of contract labourers, directing the state to ensure that they receive the same benefits as regular employees, including minimum wages and social security.
Significance: The case reinforced the principle of equal treatment for all workers, irrespective of their employment status, and highlighted the need for stringent enforcement of labour laws.
6. Recent Case: Minor Forced into Bonded Labour in Thane (2025)
Court: Thane District Court
Citation: Not yet decided
Facts: In October 2025, a 13-year-old girl from the Katkari tribal community was allegedly forced into bonded labour at a brick kiln in Thane district, Maharashtra. The girl's mother had borrowed ₹13,000 from the kiln owner, who then compelled the minor to work under harsh conditions.
Current Status: A case has been registered against the accused, Bhushan Kaluram Pardhi, though no arrests have been made yet. Investigations are ongoing.
Significance: This case highlights the persistence of bonded labour practices and the need for vigilant enforcement of existing laws to protect vulnerable communities.
Legal Framework Addressing Labour Exploitation
Article 23 of the Constitution of India: Prohibits trafficking in human beings and forced labour.
Bonded Labour System (Abolition) Act, 1976: Aims to abolish bonded labour and provides for the release and rehabilitation of bonded labourers.
Child Labour (Prohibition and Regulation) Act, 1986: Prohibits the employment of children in certain hazardous occupations and regulates the conditions of work for children.
Immoral Traffic (Prevention) Act, 1956: Addresses trafficking for commercial sexual exploitation and provides for the rescue and rehabilitation of victims.
Conclusion
The Indian judiciary has played a pivotal role in addressing labour exploitation through progressive rulings and directives. However, the persistence of such practices underscores the need for continuous vigilance, effective enforcement of laws, and comprehensive rehabilitation programs to protect vulnerable workers.
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