JUDGMENT 1. - As per the facts stated in the memo of writ petition the petitioner is an organisation dedicated to the cause of release of bonded labourers in the country. The system of bonded labour has been prevalent in various parts of the country since long prior to the attainment of freedom and it constitutes an ugly and shameful feature of our national life. This pernicious practice of bonded labour existed in many States and obviously with the ushering in of independence, it could not be allowed to continue to blight the national life any longer and hence, when we framed our Constitution we enacted Article 23 of the Constitution which prohibits "traffic in human beings and begar and other similar forms of forced labour" practised by anyone. It was only in 1976 that Parliament enacted the Bonded Labour System (Abolition) Act, 1976 providing for the abolition of bonded labour system with a view to preventing the economic and physical exploitation of the weaker sections of the people. 2. By way of the present writ petition I am getting an opportunity to decide the cause of the bonded labours. Smt. Madhuri Singh, State President of Bonded Liberation Front Rajasthan has filed the present writ petition for getting released the bonded labourers working in the mines at Ramganj Mandi, District Kota. The names. of bonded labourers are mentioned in Schedule-A annexed with the writ petition. 3. In the writ petition it is stated that the persons named in Schedule-A are working in the mines situated at Ramganj Mandi in District Kota. Various companies have taken the land on lease from the State Government. In para 5 of the writ petition, the petitioner has given names of few of the companies. It is very sorry state of affairs that the Government in spite of knowing the condition of the bonded labourers, has not taken any steps. It has been further stated in the writ petition that the mine owners give serious beating to the bonded labourers. In the mines, there are no safety measures adopted and further no medical first aid facility is also made available. It has been further stated in the writ petition that the mine owners give serious beating to the bonded labourers. In the mines, there are no safety measures adopted and further no medical first aid facility is also made available. It has been categorically stated that these bonded labourers are not provided with the benefits of Industrial Disputes Act, 1947, Inter State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979, Mines Act, 1952, Minimum Wages Act, 1947, Payment of Wages Act, 1936 and Workmen's Compensation Act, 1923. The petitioner has further mentioned in the writ petition that the mine owners give a small amount of loan to the workers at the time of engaging them and thereafter the labourers pay original debt which may never be repaid in full. They are not able to earn even the train fare back to their home villages. The contractors do not let them go either. The cycle goes on. They are the citizens of an independent country, but at their places of work, they are slaves to the will of their owners. They are paid no wages, have no fixed hours of work. Let aside the rights of labourers, they do not enjoy even the basic human rights. Surviving on the `benevolence' of their master, they are at his complete mercy. 4. The petitioner has further mentioned that the bonded labourers are living in abominable conditions, many among them are second or third generation workers who are toiling to repay a small advance taken decades ago by their fathers or grand fathers. The bondage is continuing by their sons often, their entire families work and yet the debt keeps on rising. 5. A notice was issued to the respondents by this court and the order was reserved on 5.12.1989 in the absence of the reply of the State. The case was fixed for 7.12.1989 for dictation of the order. On this date, the order could not be dictated and the case was adjourned. On 16.12.1989 the State Government filed reply to the writ petition. Thereafter the order was pronounced on 16.1.1990 by this court in the absence of the petitioner whereby the writ petition was allowed and the Government was directed to provide all benefits to the bonded labourers for which they are entitled under labour laws. 6. On 16.12.1989 the State Government filed reply to the writ petition. Thereafter the order was pronounced on 16.1.1990 by this court in the absence of the petitioner whereby the writ petition was allowed and the Government was directed to provide all benefits to the bonded labourers for which they are entitled under labour laws. 6. The petitioner filed S.B. Civil Review Petition No. 54/90 before this court and notices were issued to the respondents. Thereafter this court allowed the review petition on 29.9.1992 and fixed the case for re-hearing on merits. 7. I had heard the arguments of both the parties on merits. 8. Before deciding the controversy involved in the matter, I will like to make emphasis on the relevant provisions of law so as to make the decision effective. 9. The Central Government enacted an Act to provide for the abolition of bonded labour system with a view to preventing the economic and physical exploitation of the weaker sections of the people and this Act is named as Bonded Labour System (Abolition) Act, 1976. Section 2 (a) deals with `advance' means an advance, whether in cash or in kind, or partly in cash or partly in kind, made by one person to another person. Sub-clause (b) of section 2 deals with `agreement' which means an agreement (whether written or oral, or partly written and partly oral) between a debtor and creditor and includes an agreement providing for forced labour, the existence of which is presumed under any social custom prevailing in the concerned locality. Sub-clause (b) of section 2 deals with `agreement' which means an agreement (whether written or oral, or partly written and partly oral) between a debtor and creditor and includes an agreement providing for forced labour, the existence of which is presumed under any social custom prevailing in the concerned locality. Sub clause (g) of Section 2 deals with 'bonded labour system' and provides that the system of forced, or partly forced, labour under which a debtor enters, or has, or is presumed to have entered, into an agreement with the creditor to the effect that: (i) in consideration an advance obtained by him or by any of his lineal ascendants or descendants (whether or not such advance is evidenced by any document) and in consideration of the interest, if any, due on such advance, or: (ii) in pursuance of any customary or social obligation, or (iii) in pursuance of an obligation devolving on him by succession, or (iv) for any economic consideration received by him or by any of his lineal ascendants or descendants, or (v) by reason of his birth in any particular caste or community, he would (1) render, by himself or through any member of his family, or any person dependent on him, labour or service to the creditor, or for the benefit of the creditor, for a specified period or for an unspecified period either without wages or for nominal wages, or (2) forfeit the freedom of employment or other means of livelihood for a specified period or for an unspecified period, or (3) forfeit the right to move freely throughout the territory of India, or (4) forfeit the right to appropriate or sell at market value any of his property or product of his labour of a member of his family or any person dependent on him and includes the system of forced, or partly forced, labour under which a surety for a debtor enters, or has, or is presumed to have, entered, into an agreement with the creditor to the effect that in the event of the failure of the debtor to repay the debt, he would render the bonded labour on behalf of the debtor. 10. An amendment was brought in the Act of 1976 by amendment brought in the 1985. 10. An amendment was brought in the Act of 1976 by amendment brought in the 1985. Following explanation has been added at the end of Section 2 in Clause (g):- "Explanation-For the removal of doubts, it is hereby declared that any system of forced, or partly forced labour under which any workman being contract labour as defined in clause (b) of sub section (1) of Section 2 of the Contract Labour (Regulation and Abolition) Act, 1970, or an inter state Migrant workman as defined in clause (e) of sub section (1) of Section 2 of the Inter-state Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979, is required to render labour or service in circumstances of the nature mentioned in sub-clause (1) of this clause or is subject to all or any of the disabilities referred to in sub-clause (2) to (4) is "bonded labour system" within the meaning of this clause." 11. Sub clause 2(i) provides for nominal wages in relation to any labour, means a wage which is less than the minimum wages fixed by the Government in relation to the same or similar labour, under any law for the time being in force and where no such minimum wage has been fixed in relation to any form of labour, the wages that are normally paid, for the same or similar labour, to the labourers working in the same locality. 12. Chapter-II of the Act of 1976 deals with abolition of bonded labour system. Chapter III deals with extinguishment of liability to repay bonded debt. Chapter VI deals with the implementing authorities. Chapter V of the Act deals with constitution of vigilance committees. Chapter VI deals with offences and procedure for trial. 13. Any offence committed under the Act of 1976 is also punishable under Section 370, 371 and 374 of the Indian Penal Code and the maximum sentence provided is imprisonment for life and fine also. 14. Article 21 of the Constitution assures the right to live with human dignity, free from exploitation. The State is under a constitutional obligation to see that there is no violation of the fundamental right of any person, particularly when he belongs to the weaker sections of the community and is unable to wage a legal battle against a strong and powerful opponent who is exploiting him. The State is under a constitutional obligation to see that there is no violation of the fundamental right of any person, particularly when he belongs to the weaker sections of the community and is unable to wage a legal battle against a strong and powerful opponent who is exploiting him. Both the Central Government and the State Government are therefore bound to ensure observance of various social welfare and labour laws enacted by Parliament for the purpose of securing to the workmen a life of basic human dignity in compliance with the Directive Principles of State Policy. 15. Now, it is clear that bonded labour is a form of forced labour and Section 12 of the Bonded Labour System (Abolition) Act, 1976 recognises this self evident proposition by laying a duty on every District Magistrate and every officer specified by him to inquire whether any bonded labour system or any other form of forced labour is being enforced by or on behalf of any person and if so, to take such action as may be necessary to eradicate the enforcement of such forced labour. The trust of the Act is against the continuance of any form of forced labour. It is of course true that, strictly speaking, a bonded labourer means a labourer who incurs or has or is presumed to have incurred a bonded debt and a bonded debt means an advance obtained or presumed to have been obtained by a bonded labourer under or in pursuance of the bonded labour system. 16. This court appointed the District Judge, Kota, as enquiry officer on 7.7.1989 who submitted his report to the Court. This report of the enquiry officer is based only on two days enquiry i.e. 18th and 19th August, 1989. The District Judge enclosed statements of witnesses. I have perused statements of PW 3, 4, 7, 9, 10, 11, 12, 13, 14, 16, 18, 19, 23 and 25 and am of the view that the persons named in Schedule-A are bonded labourers and they should be got released immediately and should be rehabilitated under the provisions of the Act of 1976. 17. I, therefore, allow this writ petition and direct the State Government to get the bonded labourers named in Schedule-A of the writ petition released within one month from today and rehabilitate them at their respective places of living, within next three months. 17. I, therefore, allow this writ petition and direct the State Government to get the bonded labourers named in Schedule-A of the writ petition released within one month from today and rehabilitate them at their respective places of living, within next three months. In case it is necessary, in the opinion of the State Govt. to take action against the defaulting person(s), action may be taken in accordance with law. The costs of this petition are assessed at Rs. 2,000/- (Rs. two thousand only). A compliance report in this connection be submitted to this court. 18. Here, I could like to mention that we, the strong supporters of democracy, have established the Welfare State and such incidents are blotting our national character and shocking the conscience. I would like to record my appreciation for the petitioner who is a voluntary organisation to thresh out such incidents and to get justice for a larger but weaker section of the society. I would also like to congratulate Smt. Madhuri Singh, learned counsel for the petitioner, for her untiring efforts she put in for such a noble cause. 19. Before parting with the case, I would like to mention that the State Government should be very vigilant to curb such activities and take a strong action as soon as the matter is brought to its notice by any institution like the petitioner or any other voluntary organisation or it comes to their knowledge from other sources. The Government should not wait for a decision of the Court but must act spontaneously and provide the bonded labourers shelter and if necessary, the Government may have a vigilance committee in every district for this purpose and hold enquiries, if neccesary.Writ Petition Allowed; Government exhorted to be vigilant to curb bonded labour activities. *******