Fifty years after the Bonded Labour System (Abolition) Act of 1976, only around 3 lakh people have been rehabilitated, despite persistent exploitation in informal sectors. Dr. Tina Kuriakose Jacob highlights structural barriers, caste-based vulnerabilities, and gaps in the justice system. She discusses overlaps with new laws like the Bharatiya Nyaya Sanhita while emphasizing the need for better implementation.
The Bonded Labour System (Abolition) Act, enacted on February 9, 1976, sought to end exploitative practices rooted in debt and custom. Yet, as Dr. Tina Kuriakose Jacob explains in an interview, the issue endures due to India's vast informal economy, where over 90% of the workforce operates without contracts or oversight. 'Over 90 per cent of the victims of bonded labour who have been released and rehabilitated belong to the SC/ST community,' she notes, pointing to socioeconomic marginalization, agrarian distress, and family debts as key push factors.
Vulnerable individuals, often from low-literacy backgrounds, are lured by middlemen with false promises of urban jobs, only to face forced labor in sectors like brick kilns, agriculture, and textiles. A poignant example is a 15-year-old boy from Bihar who lost his arm in a chaff-cutting machine accident after being trafficked to a dairy farm; the National Human Rights Commission took suo motu cognizance, but justice remains elusive.
Dr. Jacob argues that the justice system's lack of victim-centricity exacerbates the problem. Conviction rates under the Act are low—despite a reported 76% in recent NCRB data for completed trials—due to intimidation, weak investigations, and delays spanning seven to eight years. The 2017 Standard Operating Procedure outlines rescue and rehabilitation, including Rs 30,000 immediate aid per victim and access to schemes for housing and skills, but implementation is inconsistent.
Regarding the Bharatiya Nyaya Sanhita's Section 143 on human trafficking, she sees no dilution but complementarity: the Act focuses on release and rehab, while BNS targets organized crime networks. On gig workers, potentially numbering 2.34 crore by 2030, she urges scrutiny of working conditions without rushing to label them bonded labor.
Ultimately, Dr. Jacob stresses enforcing existing laws through training, coordination, and resources, rather than new legislation. 'Timely and effective rehabilitation... is critical to prevent re-bondage,' echoing Supreme Court precedents.
