Bonded Labour Act Case Study

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LAW AND DEVELOPMENT (CBCS LLM01)

ASSIGNMENT

THE BONDED LABOUR SYSTEM (ABOLITION) ACT, 1976

Submitted to: Prof. Shamim Modi Centre for Law and Society
School of Law, Rights and Constitutional Governance
TISS, Mumbai

Submitted by:
Pallavi Muraleedharan
Enrollment Number: M2015HE018
Master of Health Administration (2015-17)
Tata Institute of Social Sciences, Mumbai
Date: 30/09/2016
THE BONDED LABOUR SYSTEM (ABOLITION) ACT, 1976

The system of Bonded Labour is still prevalent in different parts of India. It originated from the uneven social structure which is characterized by feudal as well as semifeudal situations. It can be considered as an ultimate outcome of different categories of indebtedness such as customary obligations and
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Other factors that cause bonded labour are the inability to find work for livelihood, small-scale loans for the rural and urban poor, and inadequate size of the landholdings to support family, destruction of animals such as livestock, absence of rains, lack of alternatives, natural calamities like droughts and floods, drying away of wells, meagre income from forest produce as well as inflation and constant rise in prices.
SOCIAL FACTORS:
High expenses on occasions like marriage, death, feast, birth of a child, etc. lead to heavy debts. Caste based discrimination is also another crucial factor leading to bonded labor. Lack of concrete social welfare schemes to safeguard against hunger and illness, non-compulsory and unequal educational system, indifference and corruption among government officials and sometimes, exploitation by some persons in a village also compels people to migrate to some other place and seek not only employment on the employer’s conditions but also get protection from influential persons.
RELIGIOUS
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Other than that illiteracy, ignorance, immaturity and lack of skill along with inadequate professional training results into sustenance of such beliefs.
BONDED LABOUR: PREVALENCE
Bonded Labour or ‘bandhua mazdoori’ was historically associated with rural economies where peasants from economically disadvantaged communities were bound to work for the landlords. In the present times, however, bonded labour is found to exist in both rural and urban pockets in unorganised industries such as brick kilns, stone quarries, coal mining, agricultural labour, domestic servitude, circus and sexual slavery.
Bonded labour, despite constitutional safeguards, continues to thrive in India and other South Asian countries. Bonded labour in South Asia as a result of poverty, social exclusion, and the failure of state mechanism to act against the practice and its underlying causes. The chronically poor, predominantly draw from the Scheduled Castes and minority groups are often those who are enslaved under this oppressive

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