Abstract
Bonded labour, despite being constitutionally prohibited and criminalised through statutory mechanisms, persists as one of the most entrenched forms of modern slavery in India. This paper examines the historical, constitutional, and socio-economic underpinnings of the bonded labour system, with a special emphasis on caste-based vulnerabilities, informal sector exploitation, and child bondage. It analyses the evolution of India’s legislative and judicial responses—particularly under Article 23 of the Constitution and the Bonded Labour System (Abolition) Act, 1976—and highlights the transformative jurisprudence shaped by the Supreme Court. The research concludes with targeted recommendations for strengthening institutional frameworks, improving rehabilitation outcomes, modernizing legal definitions, and integrating caste-sensitive policy tools. Eradicating bonded labour requires not just legal enforcement but a sustained commitment to social justice, structural reform, and human dignity.
Key Words: Bonded Labour, Caste-Based Exploitation, Judicial Oversight, Rehabilitation, Forced Labour in Informal Sector
- Introduction
Bonded labour, often referred to as debt bondage, constitutes one of the most exploitative and entrenched forms of modern slavery in India. Despite its formal abolition under the Bonded Labour System (Abolition) Act, 1976[1], and its prohibition under Article 23 of the Constitution of India, it persists in multiple forms, hidden within India’s socio-economic and caste hierarchies. It involves an exploitative relationship where individuals pledge their labour or that of their children or family members as collateral for a loan or advance, often without defined terms or end dates, leading to an indefinite cycle of servitude.
This issue is particularly prevalent among marginalized groups, including Scheduled Castes (SCs), Scheduled Tribes (STs), and Other Backward Classes (OBCs), who are often lured or coerced into bonded labour arrangements due to chronic poverty, lack of education, and absence of viable livelihood alternatives. In many cases, entire families are subjected to inter-generational bondage, further perpetuating cycles of exploitation and social exclusion.
Despite a series of landmark judgments by the Supreme Court and the existence of multiple statutory protections, the implementation of anti-bonded labour laws remains fragmented. Law enforcement agencies often fail to identify or rescue bonded labourers, and rehabilitation remains grossly underfunded and inefficient. This paper explores the historical evolution, constitutional mandates, legislative frameworks, and judicial interventions aimed at eradicating bonded labour in India. It also critically examines enforcement gaps and proposes comprehensive policy and structural reforms.
[1] Bonded Labour System (Abolition) Act, No. 19 of 1976, INDIA CODE (1976)