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1995 DIGILAW 357 (SC)

Public Union for Civil Liberties v. State of T. N.

1995-03-06

J.S.VERMA, K.VENKATASWAMI, S.P.BHARUCHA

body1995
JUDGMENT : 1. Pursuant to the directions issued by this Court from time to time in these proceedings, affidavits have been filed by various State Governments pertaining to the measures taken by each of the State Governments to identify and check the practice of bonded labour and to rehabilitate those who are the victims of this practice. 2. The affidavits filed in compliance with the directions of this Court indicate that each of the State Governments have taken steps to seriously deal with the problem of bonded labour. None of the affidavits accepts the position that the evil of bonded labour still persists. If that be so, nothing further is required to be done by this Court. 3. We, however, feel that it would be in the fitness of things to be reassured that the practice of bonded Labour has (sic) fact been eradicated. With this (sic) each State a volantary organisation and an advocate who are requested to work in tandem, to do the following: (a) to verify in the State against which their names are identified. (i) whether the facts as disclosed in the affidavit of the State represent the correct state of affairs; (ii) whether the practice of bonded labour has actually been eradicated in the area or areas in which it is alleged to be prevalent, as disclosed in the petition; and (iii) whether the measures as stated in the affidavits by the State Governments have been initiated and continued to be functional and operational 4. The names of the voluntary organisations and lawyer in respect of each of the State concerned are set out hereunder: Advocate Voluntary Organisation 1. Karnataka Shri ........Reddy Shri (sic) ........ (sic) ........... 2. Madhya Pradesh Shri S.C. Chaturvdi Shri Ajay Singh Shri Sharma Nand Gardia Janjagriti Kendra, Ward No.10 Raniesgarpara, Pithora, Raipur (M.P.) 493551 3. Kerala Shri Jai Nambiar Dr. E.P. Antony Etturuthil Eddappaly, P.O. Cochin - 682024 4. Andhra Pradesh Shri Y. Ashok Raj Prof. Vithal Rao Secretary, Arya Pratinidhi Sabha Arya Samaj, Sultan Bazar, Hyderabad. 5. Rajasthan (sic) ........ ........... (sic) ............ ........... 6. Haryana (sic) ........... Shri Jagbir Singh, Advocate President, (sic) ........... 7. West Bengal Shri (sic) Ms. Mahasweta Devi Shri Jay Saha Suit No. 5 18 A Baliganj, Station Road Calcutta (sic) 8. Bihar Shri (sic) Shri Ram Murthy Sharma Bharat, Via Jamui Distt. Munger, Bihar, 9. Uttar Pradesh Shri Mirza Mohd. Yusuff. Dr. ........... (sic) ............ ........... 6. Haryana (sic) ........... Shri Jagbir Singh, Advocate President, (sic) ........... 7. West Bengal Shri (sic) Ms. Mahasweta Devi Shri Jay Saha Suit No. 5 18 A Baliganj, Station Road Calcutta (sic) 8. Bihar Shri (sic) Shri Ram Murthy Sharma Bharat, Via Jamui Distt. Munger, Bihar, 9. Uttar Pradesh Shri Mirza Mohd. Yusuff. Dr. (Smt.) Suman, Bonded Liberation Front,Civil Lines, Robertsganj Sonebhadra District, (U.P.) 231 216 10. Maharashtra Shri Nitin Jamdar Shri Colin Gonsalves C/o Desai Singh People's Law Group Engineers House 86, Apollo Street Bombay 400 059 11. Tamil Nadu Shri Siraj Sait Dr. Felix Sugirtharaj, Secretary, Association for the Rural Poor, 59, East Mada Church Road (sic) 12. Gujarat (sic) ........ (sic)............. Institute for Total Rev. Vedohhi, Surat, Gujarat - 394640 13. Meghalaya Sh. Kalyan (sic) Pargue Marak C/o Ms. Nur Marak Govt. Boy's High School Chandmari - Tura West Garo Hills Meghalaya. 5. We request the above-mentioned Advocates and voluntary Organisations to investigate the matters referred to by us hereinabove. This does not preclude any Advocate, Voluntary Organisation or any other person/organisation interested in the subject matter of these proceedings to forward any relevant information to and thereby, assist the above-mentioned Advocates and voluntary Organisations in the discharge of their duties as 6. It is possible that in the course of discharge of their functions in terms of this order the voluntary Organisations and the Advocates may require assistance from local administration. We direct that in the event, the local administration is approached by the concerned Advocate/ Voluntary Organisation for being given assistance in the discharge of their duties as (sic) 7. Each of the State Governments would be required to bear the costs as determined by us from time to time to enable the voluntary Organisations/Advocates to discharge their functions in terms of the orders of this Court. 8. We request Shri Gopal Jain, as Advocate of this Court and Prof. Sheotaj Singh, General Secretary, Bandua Mukti Morcha, to coordinate the efforts of the Advocates and voluntary Organisations and submit to us a report within six months from today. The Voluntary Organisations/Advocates are requested to correspond (sic) Shri Gopal Jain and Prof. Sheotaj Singh, General Secretary, Bandua Mukti Morcha, in respect of any terms connected with the discharge of their functions (sic) to of this order. 9. The Voluntary Organisations/Advocates are requested to correspond (sic) Shri Gopal Jain and Prof. Sheotaj Singh, General Secretary, Bandua Mukti Morcha, in respect of any terms connected with the discharge of their functions (sic) to of this order. 9. Copy of this order be served on the Standing Counsel of all the States concerned before this Court and the Chief Secretary of each of the concerned states. 10. If further directions of this Court are required for effective implementation of this order or for seeking any clarifications, liberty is granted to Shri Kapil Sibal, Amicus Curiae, to move this Court, if the need so arises. 11. (sic) 1995.