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Government efforts to deal with the problem of bonded labor are reflected in two major instruments: the Bonded Labor System (Abolition) Act 1992 and the National Policy and Plan of Action for the Abolition of Bonded Labor and Rehabilitation of Freed Bonded Laborers (2001).
The Bonded Labor System (Abolition) Act 1992
The Act was introduced to abolish the bonded labor system with a view to preventing the economic and physical exploitation of the labor class. After its enactment of the 1992 Act, every bonded laborer theoretically stood freed and discharged from any obligation to render any bonded labor.
Punishment for extracting bonded labor under this law is imprisonment for two to five years, or fine of not less than Rs 50,000 or both. Creditors have been prohibited under the Act from accepting any payment against any bonded debt. Acceptance of any payment against any such debt is punishable with imprisonment for up to three years, or fine not less than Rs 15,000 or both. Technically this means that all debt recovery suits brought against “escaped” bonded laborers by their employers should be thrown out of court.
The law also calls for establishing district level Vigilance Committees, which are to assist the district administration on the effective implementation of the law and in the rehabilitation of freed bonded workers. There should be 104 (one in each district) Vigilance Committees, but few exist and those that do are ineffective.
Under the Rules of the Act, a Fund has been constituted with an initial amount of Rs 100 million for the rehabilitation and welfare of freed bonded laborers. The Fund remains unused.
The law, however, has not had a noticeable effect, largely because of its poor implementation and enforcement. In June 2004 the Government acknowledged in the National Assembly that the total number of cases of bonded labor detected were 12 in the Punjab and 11 in Sindh and that the total fine collected from violators of the Act was Rs. 6,000 in Punjab and Rs. 100 in Sindh. Not only are this amounts inconsequential as punishments, they are also far below the minimum fines envisaged by the law.
What is the Bonded Labor System?
The Bonded Labor System (Abolition) Act defines “Bonded Labor System” to mean:
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The system of forced, or partly forced labor under which a debtor enters, or has or is presumed to have, entered into an agreement with the creditor to the effect that: |
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in consideration of an advance (peshgi) obtained by him or by any of the members of his family whether or not such advance is evidenced by any document, and in consideration of the interest, if any, due on such advance; |
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in pursuance of any customary or social obligation; or |
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for any economic consideration received by him or by any of the members of his family, |
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he would: |
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render, by himself or through any member of his family, or any person dependent on him, labor or service to the creditor, for the benefit of the creditor, for a specified period or for an unspecified period, either without wages or for nominal wages; or |
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forfeit the freedom of employment or adopting other means of livelihood for a specified period or for an unspecified period; |
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forfeit the right to move freely from place to place; |
A relief package for freed bonded laborers.
forfeit the right to appropriate or sell at market value any of the property or product or his labor or the labor of a member of his family or any person dependent on him, and includes the system of forced or partly forced labor under which a surety for debtor enters, or has or is presumed to have entered into an agreement with the creditor to the effect that in the event of the failure of the debtor to repay the debt, he would render the bonded labor on behalf of the debtor {sec. 2(e)}.
National Policy and Plan of Action for the Abolition of Bonded Labor and Rehabilitation of Freed Bonded Laborers (2001)
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The National Policy and Plan of Action calls for, among other things: |
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A relief package for freed bonded laborers. |
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A survey to learn the facts pertaining to bonded labor. |
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Implementation of the law by training officials from relevant departments. |
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Activation of Vigilance Committees. |
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Registration of brick kilns. |
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fA campaign for raising awareness. |
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