Case: Bandhua Mukti Morcha v. Unión de la India, 1984
Bandhua Mukti Morcha vs. Union of India is,
a landmark case in Indian constitutional law that dealt with the issue of bonded labor in India. The case was filed by the Bandhua Mukti Morcha (Bonded Labour Liberation Front), a non-government
organization, on behalf of bonded laborers in the state of Haryana, India. The petitioners argued that the bonded labor system violated several fundamental rights guaranteed under the Indian Constitution,
such as the right to life and liberty (Article 21), equality before the law (Article 14), and the prohibition of forced labor (Article 23)iv.
The case involved a public interest litigation (PIL) filed by the non-governmental organization Bandhua Mukti Morcha (Bonded Labour Liberation Front) on behalf of bonded laborers in two stone quarries in Faridabad district, Haryana. The petitioners alleged that the laborers were working under inhuman conditions and that many of them were bonded laborers who had not given consent to this type of employment.
Facts:
The petitioners in the case were a group of bonded laborers who were working in two stone quarries in Faridabad district,
Haryana. The petitioners alleged that they were forced to work under inhuman conditions, including long hours, low wages, and physical abuse. They also alleged that they had been bonded into
labor by their employers, often through debt bondage or other forms of coercion.
Decision:
The Supreme Court of India held that the practice of bonded labor is a violation of the right to life under Article 23 of the Constitution. The Court reasoned that the right to life encompasses all aspects of
human existence, including the right to live with dignity and freedom. Bonded labor, the Court held, is a form of slavery that
deprives individuals of their basic human rights and dignity.
The Court also held that the government has a positive obligation to protect the right to freedom from bonded labor. This obligation includes taking steps to identify and release bonded laborers, provide them with rehabilitation assistance, and prosecute those who engage in bonded labor.
Holding: The Court held that the government is obligated to take steps to prevent and eliminate forced labor and that it is also obligated to provide rehabilitation to victims of forced labor.
Relevance to Bangladesh: The Supreme Court of Bangladesh has cited Bandhua Mukti Morcha in its own decisions on the right to freedom from forced labor. In particular, the Court has held that the
right to freedom from forced labor is a fundamental right guaranteed of the Constitution of Bangladesh. In 2018, the Supreme Court of Bangladesh ordered the government to rescue a group
of workers who were being held in forced labor conditions in a brick kiln. The Court also ordered the government to pay compensation to the workers and to prosecute the owners of the brick kiln.
This case is similar to Bandhua Mukti Morcha in that it involved the government's obligation to protect the right to freedom from forced labor. The Supreme Court of Bangladesh's decision in this case shows that the Court is committed to upholding the fundamental right to freedom from forced labor.
Impact:
The Bandhua Mukti Morcha case was a significant step forward in the fight against bonded labor in India. The Court's
recognition of the right to freedom from bonded labor as an ESC right has helped to raise awareness of the issue and has led to
a number of legislative and policy reforms. In the years since the case was decided, the Indian government has taken a number of steps to address bonded labor. These include passing the Bonded Labour System (Abolition) Act, of 1976, and creating the National Human Rights Commission to investigate allegations of human rights abuses.
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