Judgment It is obvious from the writ petition as also from the affidavits filed in these proceedings that the large majority of 135 bonded labourers released as a result of the order made by this Court in the first week of March, 1982 have not yet been rehabilitated though more than 18 months have passed. We wonder how these outcastes of humanity, forgotten by their fellow beings and neglected, by their Government, must be eking out their daily existence : how they must be feeding the hungry bellies of their children and how they must be covering the shame of their wives. These unfortunate human beings for whom life is a long unceasing rigel with no resources except perhaps a forlorn hope, who cannot even cry for help because they know that it will be a cry in the wilderness which no one will hear and who drag on their earthly existence in the hope that one day death will relieve them from their misery and suffering, today ask the Legislature, the Executive and the Judiciary, "What have you done for us; have we not a light to live with human dignity and share with all of you the fruits of freedom and development or are we consigned to a life of slavery and starvation where we see before our eyes the emaciated bodies of our children with hollow cheeks, sunken eyes and shrivelled bodies withering away and dying ?". We would therefore direct the State Government to provide rehabilitative assistance to these 135 freed bonded labourers within one month from today. They have waited too long; they cannot wait any longer. What kind of rehabilitative assistance should be provided and what would be appropriate for the family of a particular freed bonded labourer would have to be decided by the vigilance committee and such rehabilitative assistance shall be provided by the State Government in the presence of a representative of one of the social action groups to which we have specifically referred in the earlier part of this judgment. The Collector/District Magistrate, Bilaspur will give sufficient notice to such representative so that he can remain present at the time when rehabilitative assistance is provided to these 135 freed bonded labourers.
The Collector/District Magistrate, Bilaspur will give sufficient notice to such representative so that he can remain present at the time when rehabilitative assistance is provided to these 135 freed bonded labourers. The State Government will file an affidavit of a responsible officer stating how and in what manner die State administration has provided rehabilitative assistance to these 135 freed bonded labourers and which representative of the social action groups was present at the time when such rehabilitative assistance was given. Such affidavit shall be filed on or before July 15, 1984. The writ petition will be placed on board on August 6, 1984 for consideration of the affidavits which may be filed by the State Government pursuant to the directions given by us in this judgment. The State Government will pay to the petitioner costs of the writ petition quantified at Rs. 5000. We must in the end express our deep gratitude to Mr Govind Mukhoty who has so ably, with a sense of social commitment and dedication, presented the case on behalf of the petitioner and assisted the Court in arriving at its decision. Amarendra Nath Sen, J. (supplementing)-- I have had the benefit of reading the judgment of my learned brother Bhagwati. J. The facts have been setout in the judgment of my learned brother. Though I am in general agreement with the directions given and orders proposed by my learned brother, I wish to make my own observations. These orders have been passed and directions have been given so that responsibility and legal obligations of the respondent in the matter of properly rehabilitating bonded labourers freed from bondage may be duly discharged. Bonded labour system had been one of the vile systems which had been degenerating human beings for years. Appreciating the unjust, immoral and pernicious nature of this system, our country which values human dignity and guarantees personal freedom had passed appropriate legislation to do away with this system. The Bonded Labour System (Abolition) Act, 1976, abolishing bonded labour system and making various other provisions including provisions for the rehabilitation of bonded labourers was enacted. It is indeed sad and unfortunate that though this piece of welfare legislation was passed years ago, no proper steps were being taken for implementation of the same.
The Bonded Labour System (Abolition) Act, 1976, abolishing bonded labour system and making various other provisions including provisions for the rehabilitation of bonded labourers was enacted. It is indeed sad and unfortunate that though this piece of welfare legislation was passed years ago, no proper steps were being taken for implementation of the same. Various social organisations and individuals working for the upliftment of the poor, weak and the downtrodden had brought to the notice of the Court the pitiable plight in very many parts of our country of the bonded labourers who were being exploited and held in bondage notwithstanding the passing of the Bonded labour System (Abolition) Act, 1976. Suitable action had been taken by the Court for freeing bonded labourers from bondage and restoring to them the liberty guaranteed under the Constitution in all appropriate cases. Action taken by the Court had the effect of creating an awareness not only in the minds of the sufferers but had also helped to an extent in removing the inertia and lethargy in the administration which started taking appropriate steps for implementation of the provisions of this eminently beneficial social welfare legislation, either on the basis of the directions given by the Court or on its own initiative. It has to be appreciated that mere passing of welfare legislation for the upliftment of the downtrodden, the meek and the weak is by itself not sufficient, though undoubtedly the legislation is the first step in the right direction. What is really important is that every law enacted, particularly welfare legislation for the benefit of the weaker section of the people must be implemented in the proper spirit for achieving the noble object for which such legislation is passed. Implementing the law has, necessarily to be effected through human agencies. Unfortunately, frailties of human nature and degeneration of human character often add to existing problems instead of solving them. The provisions of the Bonded Labour System (Abolition) Act, 1976 must be implemented effectively and properly in terms of the provisions of the Act, if the desired objective which the Act seeks to achieve, is to be attained.
Unfortunately, frailties of human nature and degeneration of human character often add to existing problems instead of solving them. The provisions of the Bonded Labour System (Abolition) Act, 1976 must be implemented effectively and properly in terms of the provisions of the Act, if the desired objective which the Act seeks to achieve, is to be attained. The legislature in its wisdom very aptly appreciated that mere release of the bonded labourer from bondage without making appropriate arrangements for his rehabilitation will serve no useful purpose and may even create a very real problem as to livelihood of the labourer so set free and accordingly the legislation made suitable provision for the rehabilitation of the bonded labourer. If any bonded labourer is only freed from his bondage and is set at liberty, he will in all probability have to slide back into bondage again to keep his body and soul together. Freedom from bondage without effective rehabilitation after such freedom will indeed be of no consequence and in the absence of proper arrangement for such rehabilitation being made, the entire purpose of the Act will be frustrated and the vice of the bonded labour system which the Legislature thought it fit to abolish in the larger interest not only of our country, but also of humanity as a whole will continue to perpetuate its evil existence. The real grievance of the petitioner in this writ petition based on personal knowledge is with regard to non-implementation of the legislative provisions made for the rehabilitation of the bonded labourers after they had been freed. A sad and woeful tale is narrated in the writ petition about the plight of the bonded labourers set free pursuant to the orders of this Court for not taking effective measures enjoined by law for their rehabilitation. It becomes the duty of the Court to see that the legislative provisions regarding their rehabilitation are properly implemented and these poor and miserable persons are allowed to enjoy the benefit which the law and the Constitution of the land afford to them. (1984)3 SCC 161 relied on. Petition allowed.