JUDGMENT : 1. Some of the States have not complied with the direction given earlier to file the affidavit. This should be done positively within six weeks from now. 2. The learned Solicitor General has stated in writing the further line of action suggested by the Government of India for compliance by the State Governments. The same is taken on record. Copies of the same be given to learned counsel for the State Governments. Prima facie, it appears to us that the suggestions given by the Government of India are appropriate and are meant to ensure the constitution and effective functioning of the Vigilance committees and the other concerned authorities for implementation of the law relating to the bonded labour. It is expected that the State Governments make the necessary compliance and they are also required to file their response, if any, to the suggestions made by the Government of India within six weeks. 3. In respect of the States which have already filed their affidavits, further action taken by them in the meantime be also indicated by filing further affidavits. All this be completed within six weeks. 4. List on 4th August, 1997. Further Line of Action suggested by Government of India A wide difference in perception of the State Governments and those of the Commissioners appointed by the Court suggests that the enforcement machinery of the State Governments has not been active and has not been giving adequate attention to this problem which continues to exist more than 20 years after being banned under the law. It is obvious that the State Governments and their officers need to be adequately sensitised to this social evil and duly activated. For doing this, the State Governments need to take action on following lines: 1. Even though the Act provides for constitution of vigilance Committees under Section 13 at the district as well as the sub-divisional levels, it is obvious that these Committees are not functioning effectively. It is imperative that these Committees should be activated and should meet regularly with due seriousness. For ensuring that the State Governments may make periodic meetings of these Committees compulsory instead of leaving the option of convening the meetings with the local conveners. In any case the frequency of such meetings should not be less than once in two months. 2. For ensuring that the State Governments may make periodic meetings of these Committees compulsory instead of leaving the option of convening the meetings with the local conveners. In any case the frequency of such meetings should not be less than once in two months. 2. The District Magistrates and the Sub- Divisional Magistrates should personally participate in these meetings and not be represented by other functionaries. 3. The non-official members of these Committees should be selected not for extending political patronage but on the basis of track record of social work taking into account their commitment and sensitivity to social issues in general and to the issue of bonded labour in particular. 4. Under the overall supervision of these Committees an intensive door to door Survey should be carried out to identify and enumerate the bonded labourers who may still be in bondage. Such Surveys need not be confined to Government machinery. Help of bonafide social workers and NGOs should be taken wherever possible. 5. Such Surveys should be undertaken at least once in a year so that any new cases of bondage can be detected early and without delay. 6. On detection of such cases of bondage, immediate action for release of the bonded labourer and his or her rehabilitation should be taken and the same should be supervised by the District Magistrates personally. Under Section 21 of the Bonded Labour System (Abolition) Act, an executive magistrate is to be appointed & vested with powers of a judicial magistrate for summary trial of all cases under the Act. He/she is also required to release the bonded labourer(s) & issue a release certificate. 7. For the purpose of rehabilitation of bonded labourers, apart from assistance available under the centrally sponsored scheme, assistance from other welfare and poverty alleviation schemes should also be ensured through due convergence of all such schemes and programmes. Convergence in this sense would mean pooling resources from a variety of sources & integrating the same imaginatively & skillfully to achieve the objective of a qualitative rehabilitation. 8. Even at the State Government level, this programme is not getting due priority. It is felt that the existing arrangement for monitoring the programme at the State level needs considerable improvement and strengthening. 8. Even at the State Government level, this programme is not getting due priority. It is felt that the existing arrangement for monitoring the programme at the State level needs considerable improvement and strengthening. A Committee headed by the Chief Secretary comprising of other concerned Secretaries like Secretary (Home), Secretary (Finance), Secretary (Planning), Secretary (Labour), Secretary (Rural Development), Secretary (Agriculture), Secretary (Animal Husbandry), Secretary (Revenue), Secretary (Women & Child Development), Secretary (Health & Family Welfare), Secretary (Education), Secretary, incharge of Tribal Development and SC/ST Programmes and such other officers, who may directly or indirectly be concerned with this work, should be constituted. The mandate of the Committee will be as follows: - to review the arrangements for conducting door to door surveys for identification and enumeration of bonded labour; - to review the arrangements for collection and compilation of data on the basis of survey; to review the pace of release of bonded labourers under Section 21 of the Act and issue of release certificate; to review the pace of implementation of rehabilitation efforts; to ensure that lapse back to bondage is prevented; to attend to public complaints and grievances and the pace of their disposal at various levels. 9. There is need for total attitudinal change in the State Governments on this issue. Instead of brushing aside the problem under the carpet, at least at the State level, the reality should be accepted and sincere and committed efforts should be made for effectively tackling the problem. State Governments must devise methods for conveying to the District Magistrates and other field staff their seriousness and commitment on this issue. 10. The above State level committee may meet at least once a quarter and review the progress under the programme. This item should also be made a standing item on Agenda of the periodic meetings of District Magistrates called for review of issues like law and order, implementation of development scheme, etc. 11. Chief Ministers and their Cabinet Colleagues, Chief Secretaries and other senior officers in the State Secretariat should encourage flow of information on this subject through non-official -channels so that correct and proper picture of the situation on the ground is available with the State Government. The State Government's total reliance for information on extent and magnitude of this evil, on officers who are themselves responsible for tackling the issue is unfortunate and needs to be changed.