Page 39 - DSOC201_SOCIAL_STRUCTURE_AND_SOCIAL_CHANGE_ENGLISH

Social Structure and Social Change

Notes spirited individuals from society, lakhs of bonded labourers continue to be exploited and carry the
yoke of neglect, suffering and frustration in abject silence. In fact, the system of bonded labour, as
prevalent in Indian society, is a relic of feudal hierarchical society. A considerable interest has
come to be shown in bonded labour during the past two decades by social workers, social scientists
and the government because it is considered incompatible with our social ideal of egalitarianism
with our commitment to human rights. The magnitude of bonded labour is just baffling as lakhs
of adult males and females as well as children are condemned to suffering under its yoke.
The Concept
We have to understand the terms ‘bonded labour system’ and ‘bonded labour’. The ‘bonded
labour system’ refers to “the relationship between a creditor and a debtor who obtains loan owing
to economic compulsions confronting his day-to-day life, and agrees to abide by the terms dictated
by the creditor”. The important term of agreement is that the debtor agrees to mortgage his
services or services of any or all the members of his family for a specified or unspecified period.
The relationship built on the agreement is on such unequal terms that while for every labour or
service, there must be some fair remuneration equivalent to the price of labour in the market,
under the bonded labour system, the service is rendered for the debt or in lieu of the interest
accruing to the debt. The debtor either works without receiving any remuneration or if at all there
is any remuneration, it is much less than the minimum wage (notified under the Minimum Wages
Act) or the prevailing rate of market wage.
The 1976 Bonded Labour (Abolition) Act defines ‘bonded labour system’ as “the system of forced
labour under which a debtor enters into an agreement with the creditor that he would render
service to him either by himself or through any member of his family or any person dependent on
him, for a specified or unspecified period, either without wages or for nominal wages, in
consideration of loan or any other economic consideration obtained by him or any of his ascendants,
or in pursuance of any social obligation, or in pursuance of any obligation devolving on him by
succession”. The agreement has other consequences too, such as, forfeiting the debtor the freedom
of employment, denial of freedom of movement in any part of the country, and denial of the right
to sell at market value any of his property or product of his labour.
The term ‘bonded labour’ has been defined by the National Commission on Labour as “labour
which remains in bondage for a specific period for the debt incurred”. The Commissioner for
Scheduled Castes and Scheduled Tribes explained the term bonded labour in its 24th report as
“persons who are forced to work for the creditors for the loan incurred either without wage or on
nominal wage” (Sharma, 1990:52). The ‘bonded labour’ is different from ‘contract labour’ employed
in industries, mines, plantations and docks, etc. Contract labour includes workers who are not
directly recruited by the establishment, whose names do not appear on the pay-roll and who are
not paid wages directly by the employer. In theory, contract labourers in India are covered by the
Factory Act, 1948, the Mines Act, 1952, the Plantations Labour Act, 1951 and the Dock Workers
Act, 1948 so as to give them benefits as are admissible to labour directly employed. However, the
advantages of employing both bonded labour and contract labour are the same: (i) labour is
engaged at a lower cost, (ii) the employers have not to extend fringe benefits to the workers, and
(iii) the employers are not under any obligation of providing welfare and security measures to the
workers as stipulated in various Acts. The system of contract labour in our country was abolished
in September 1970 by an Act called ‘Contract Labour (Regulation and Abolition) Act’.
The two basic features of bonded labour are: indebtedness and forced labour. Forced labour can
hereditarily descend from father to son or be passed on for generations together. During the
period of bondage, the debtor cannot seek employment with any other person. In economic terms,
this means that he cannot ‘sell his labour in the market at market value’. The bonded labour
system is mostly found among agricultural labourers in villages, though today it has extended to
workers working in stone quarries, brick kilns, bidi factories, glass factories and in detergent,
carpet, gem stones and many other factories.
Bonded labourers are known by different names in different parts of India. For example, in Andhra
Pradesh and Karnataka they are known as ‘Jeetbams’, in Gujarat and Madhya Pradesh as ‘Halis’, in

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