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News: Ministry of Labour and Employment has informed Rajya Sabha about the Scheme for Rehabilitation of Bonded Labourer, 2016
Facts:
About Scheme for Rehabilitation of Bonded Labourer, 2016
The salient features of the scheme are:
- A bonded labour rehabilitation fund is created at the District level by each State with a permanent corpus of at least Rs.10 lakh at the disposal of the District Magistrate. This fund is renewable.
- Financial assistance of Rs. 1 lakh is provided for rehabilitation of a rescued adult male bonded labourer and 2 lakh for rescued child bonded labourer
- The Scheme also provides for financial assistance of Rs. 4.50 lakh per district to the States for conducting a survey of bonded labourers, Rs. 1 Lakh for evaluatory studies and Rs. 10 Lakhs per State per annum for awareness generation.
Additional Information:
Bonded Labour:
- Bonded labour is generally described as a type of forced labour and is also known as debt bondage or debt labour. It occurs when a person is forced to use their physical labour to pay off a debt
- According to the Bonded Labour System (Abolition) Act (BLSAA), 1976, there are three elements that go into making a labour situation bonded:
o Being under an obligation such as repayment of a loan;
o Meeting the obligation (that is, repaying the loan) through unpaid or underpaid labour or service;
o Having no freedom to escape the obligation.
Constitutional Safeguards
- Article 23 prohibits practices like a beggar, forced labour and human trafficking. The term beggar may mean labour or service provided by the person with less or no remuneration.
- Article 24 prohibits the employment of children whether bonded or otherwise.
- Article 21 guarantees a right to life and personal liberty. Also, no person or authority can own the life of another human being. The practise of bonded labour violates all constitutionally mandated rights.
- Article 19 (1) g enables an individual to practise any trade, profession, and employment of their choice. Article 19(2) provides reasonable restrictions to the trade of choice and employment
- Article 39 requires the State to “direct its policy towards securing”:
- The economic necessity of workers,
- Personality development of children and youth.
- Protection against all forms of exploitation.
Legislation:
- Bonded Labour System (Abolition) Act, 1976: The Act intends to free all bonded labourers, cancel their debts, establish rehabilitative measures and punish the offender through imprisonment and fine.
- Child Labour (Prohibition & Regulation) Act, 1986 and Amendment in 2016: It prohibits the engagement of children in certain employments and regulates the conditions of work of children in certain other employments
- Trafficking of Persons Bill 2018: It makes special note of trafficking for the purpose of forced labour, and categorises it as an aggravated form of trafficking
