NHRC warns of bonded labour in malls, massage parlours

Newer forms of bonded labour manifested in the construction sector, shopping malls, call centres and massage parlours among others need to be checked and the focus should not be restricted just to brick kilns in the rescue of such labourers, the National Human Rights Commission (NHRC) has advised state and central governments.

Insisting that the authorities avoid "inordinate delay" in the release of cash and non-cash components for rescued bonded labourers, it has also said that the existing practice of linking the release of funds with the conviction of the perpetrators should be avoided as the victim has no control over the trial.

These and other recommendations are part of a four-page 'Advisory 2.0 to Identify, Release and Rehabilitate Bonded Labourers' issued by the NHRC on Tuesday. The first advisory was issued in May this year.

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The Bonded labour system was abolished throughout the country by an ordinance with effect from October 24, 1975, which was later replaced by the Bonded Labour System (Abolition) Act, 1976. The Act provides for the abolition of the bonded labour system with a view to prevent the economic and physical exploitation of the weaker sections of the people.

According to the latest official statistics, 12,760 bonded labourers were rescued between 2016-17 and 2021-22. Of this, 1,681 belonged to Karnataka, which was third in the list after Uttar Pradesh (4,491) and Bihar (2,759).

The latest advisory insisted that the focus of state and district level functionaries with regard to the prevalence of bonded labour "should not only be limited to brick kilns alone".

It should also include new domains where the bonded labour system has "manifested itself in newer forms" like in the construction industry, shopping malls, call centres, massage parlours, etc". The newer forms of bonded labour need to be identified for providing relief to them as per the existing rehabilitation scheme.

The advisory wanted to hold District Magistrate or Sub Divisional Magistrate accountable for not investigating complaints of bonded labour within 24 hours of receipt and rescue is not initiated as per Standard Operating Procedure. These officials should also ensure that funds are available to pay immediate cash assistance of Rs 20,000 to the rescued labourers.

It also wants that the summary trial by the designated magistrates should be initiated within 24 hours of the rescue and completed within three months as per the SOP, failing which the concerned public servant be held accountable.

The NHRC noted that there is an "inordinate delay" in the release of the cash and non-cash component to the released bonded labourer as the release of the Rehabilitation Package has been linked with the conviction in which the rescued labourer has no control nor is associated in the trial.

"Efforts (should) be made to delink dependency of Rehabilitation Package to Bonded Labour under the schemes on conviction in criminal cases. Once bonded labour is freed, he should be compensated and rehabilitated," the advisory said.

The advisory also said that the state government should provide free ration, healthcare and other social security covers to the vulnerable and the marginalised communities and also direct the district administrations to identify households in extremely vulnerable conditions so as to prevent any instance of bonded labour.

The District Magistrate should ensure maintaining a database of brick kilns or other industries, including informal work sectors, where there are possibilities of the prevalence of bonded labour. The official should also ensure that all those working in brick kilns are registered under the e-Shram portal.

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