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1990 DIGILAW 520 (KAR)

ROHINI SHARMA v. STATE OF KARNATAKA

1990-09-17

H.G.BALAKRISHNA

body1990
BALAKRISHNA, J. ( 1 ) K. S. puttaswamy, j. On 6-5-1986 enclosed an article written by one Smt. Rohini sharma which had been published in kannada daily 'prajavani' dated 27-4-1986 under the caption the learned judge feeling the existence of the bonded labour system in certain parts of shimoga and uttara kannada districts was of the opinion that this court should initiate action in exercise of its extraordinary jurisdiction under article 226 of the Constitution of India by registering the article as a writ petition and for dealing with the matter according to law and, therefore, sought the approval of the Hon'ble chief Justice for the proposal for a direction to the office to register the matter as a writ petition and to post the same before the appropriate bench. ( 2 ) ON 27-5-1986, the learned judge passed the following order:- "in order to effectively decide the questions that arise for determination, i consider it proper to array the following authorities and officers as respondents and notify them:- 1. The state of Karnataka represented by the chief secretary to government of karnataka, vidhana soudha, Bangalore; 2. The director of social welfare in karnataka, Bangalore; ( 3 ) THE deputy commissioner, uttarakannada district, karwar; ( 4 ) THE deputy commissioner, shimoga district, shimoga; ( 5 ) THE superintendent of police, karwar; ( 6 ) THE superintendent of police, shimoga; ( 7 ) THE district social welfare officer, karwar; ( 8 ) THE district social welfare officer, shimoga. " 3. On 21-1-1987, the court passed an order for the reasons stated therein to appoint one of the counsel practicing before this court as a commissioner in order to collect all information personally after making personal enquiries at the spot in the concerned two districts of uttara kannada and shimoga. It was directed that the government should bear all the expenses of the commissioner at the rates admissible to class i officers of the state and that the government should also extend all the facilities for the commissioner's stay at the places of inspection and enquiry and render such other assistance as the commissioner may within reason ask of the government. Sri V. Lakshminarayana, advocate, Bangalore, was appointed as the commissioner and the commissioner was directed to submit a report within 30 days from the date of the order. The said order was passed by m. p. chandrakantharaj urs, j. On 21-1-1987. Sri V. Lakshminarayana, advocate, Bangalore, was appointed as the commissioner and the commissioner was directed to submit a report within 30 days from the date of the order. The said order was passed by m. p. chandrakantharaj urs, j. On 21-1-1987. 4. Thereafter, the commissioner took charge and submitted an elaborate report under the caption "commissioner's report on bonded labour (shimoga and north kanara district)" on 1-8-1987. The report runs into 45 pages. It may be said to the credit of the commissioner that the report is an eye-opener not only to the state government, but also to the members of the public in regard to the existing social realities. 5. The point which now arises for consideration is what direction should be issued to the state government and the other respondents in furtherance of the report submitted by the court commissioner which deserves to be accepted in totality. In my opinion, the report deserves to be accepted and it is accepted and placed on record. 6. Sri. T. s. ramachandra, amicus curiae, appointed in this case submitted that specific instances of bonded labour in existence in various parts of both shimoga and north kanara districts have been brought to light in the report wherein is involved economic and social exploitation. It is in this regard especially that the learned counsel commended that a direction be issued to the respondents to focus their attention and to take effective remedial measures for a meaningful enforcement and implementation of legislation against bonded labour. The learned government pleader Sri sateesh m. Doddamani appearing for the respondents, submitted, as made out in para-11 of the statement of objections, that action is being taken to constitute a vigilance committee in order to find out the truth and to take action in accordance with law. The statement of objections was filed on 11-11-1987. Nearly 3 years have lapsed since indication of proposed action was made in the statement of objections so that the report submitted by the commissioner appointed by this court does not become futile. 7. There is no authentic statement on behalf of the respondents that, in fact, whether any action was taken at all to constitute a vigilance committee in order to find out the truth of the findings made in the commissioner's report and to take appropriate action in accordance with law so far. 8. 7. There is no authentic statement on behalf of the respondents that, in fact, whether any action was taken at all to constitute a vigilance committee in order to find out the truth of the findings made in the commissioner's report and to take appropriate action in accordance with law so far. 8. I do not blame the learned government pleader for not coming out with categorical statement in this regard. Nevertheless, the state cannot escape the odium of non-performance or inaction on a vital problem which is afflicting a Section of people known as bonded labour wallowing in misery, poverty and exploitation by predators more advantageously placed in society. The legislation against bonded labour could be rendered into a deed letter on the statute book it the state government were to mull over it despite the activism of the court initiated by k. s. puttaswamy, j. As far back as 1986. It was at the instance of the learned judge and later on by m. p. chandrakantharaj urs, j that a commissioner was appointed from among the members of the bar to submit a report after spot inspection, personal visit and elaborate touring of the areas where bonded labour existed, to collect, collate and disseminate authentic information on the subject to be presented in the form of a report before this court. Extensive touring and inspection and interview took place and the commissioner Sri V. Lakshminarayana, advocate, Bangalore, after embarking on dedicated a mission which called for exacting exertion and pains taking effort, submitted a lucid report bringing out the realities of the situation in regard to bonded labour in several areas of uttara kannada and shimoga districts offering a panorama of the pathetic situation in the rural sector of the unfortunate victims, against the back-drop of the narration contained in the article written in kannada by Smt. Rohini sharma in prajavani on 27-4-1986. The role played by Sri n. g. halappa ex. M. l. a. , shimoga, in drawing the attention of the state government as well as the central government by his persistent efforts cannot be lost sight of particularly in the matter of impressing on the government of not only the liberation of the bonded labour, but also their rehabilitation. The role played by Sri n. g. halappa ex. M. l. a. , shimoga, in drawing the attention of the state government as well as the central government by his persistent efforts cannot be lost sight of particularly in the matter of impressing on the government of not only the liberation of the bonded labour, but also their rehabilitation. The said person brought to light several questionable practises affecting bonded labour in channagiri taluk of shimoga district in particular and also in other parts of shimoga district. Judicial activism is intended to serve a larger public interest by taking judicial notice of injustice and atrocities which particularly affect the common man and in particular the underdog inspite of all the interest taken by the court and efforts made by the commissioner bringing home all the relevant and vital information to set in motion the governmental machinery for appropriate action on the basis of social welfare legislation enacted by the state, if it is seen that nothing has resulted despite the exercise, the state has to take the blame for having failed in its duty to respond to the crying needs of the socially exploited segment of the society inspite of the efforts of the court to open the eyes of the state. The court cannot sit as an idle spectator when there is either bureaucratic failure or inaction. If sovereignty really lies with the people and people are the masters, it is time for the state to realise that it cannot claim executive immunity to its fundamental duties and responsibilities as well as accountability to the people. It would not be inappropriate to recall the times when the erstwhile state of Mysore was known as model state from several relevant points of view as compared to or in contrast with the rest of the states in the country during the pre-independence days. It is not too late to retrieve some of the lost glory, if only bureaucracy becomes more functional and responsive to the needs of the less fortunate in society without judicial compulsions. It is not too late to retrieve some of the lost glory, if only bureaucracy becomes more functional and responsive to the needs of the less fortunate in society without judicial compulsions. However, in order to ensure that all the efforts made in this bahalf by the public interest writer Smt. Rohini sharma and judicial activism of this court and the collaboration of the commissioner appointed by the court shall not end in futility, i pass the following order:- the chief secretary of the government of Karnataka and the deputy commissioners of north kanara and shimoga districts are hereby directed to apply their mind to the report submitted by the commissioner appointed by this court and take immediate and prompt action in accordance with law not only to liberate the bonded labour but also to take appropriate action as contemplated under the law within a period of three months from the date of receipt of a copy of this order. A copy of this order along with a copy of the report submitted by the commissioner shall be sent to each of the aforementioned officers forthwith. . The writ petition is disposed of accordingly. --- *** --- .