India's Bonded Labour Crisis: Why Justice Fails Millions 50 Years After Ban
February 9, 1976, marked a pivotal moment in India's fight for equality with the enactment of the Bonded Labour System (Abolition) Act (BLSA). Yet, five decades later, the nation's most vulnerable populations remain ensnared in the shadows of monetary bondage and human servitude. Despite this landmark legislation, only around 3 lakh people have been officially released and rehabilitated over the past 50 years, according to government data.
The Persistent Plight of Bonded Labour
Dr. Tina Kuriakose Jacob, a development sector practitioner specializing in migration, bonded labour, and human trafficking, highlights the grim reality behind these statistics. "Fifty years since the Act, and we are still looking at only around 3 lakh people who have been released and rehabilitated from bonded labour," she states. This figure spans from 1978 to 2025, underscoring a systemic failure to address the crisis effectively.
The persistence of bonded labour is rooted in structural issues within India's workforce. Over 90% of workers are in the informal sector, characterized by weak regulation, lack of contracts, and reliance on verbal agreements. This sector operates with minimal scrutiny, allowing exploitation to thrive unchecked. Alarmingly, 90% of bonded labour victims belong to the SC/ST communities, who face socioeconomic marginalization, low literacy, and limited resources.
Push factors such as agrarian distress, local unemployment, and family debts due to illness or gambling create vulnerabilities that predators exploit. Middlemen often lure individuals with false promises of good jobs in cities or other states, only to trap them in exploitative work conditions. This affects men, women, and children alike, with harrowing cases like a 15-year-old boy from Bihar who lost his arm in a chaff-cutting machine after being forced into labour.
Evolution of Bonded Labour and the Gig Economy
The definition of bonded labour has evolved but remains non-sectoral, lacking gender, caste, or class lenses. The law focuses on elements like advances, debts, and compulsion to provide labour under exploitative conditions. It applies across various sectors, including food processing, textiles, agriculture, and construction.
Dr. Jacob addresses the growing gig economy, which employs over 70 lakh people and is expected to reach 2.34 crore by 2030. "It's really timely for us to pick up that debate," she notes. While it's not straightforward to classify gig work as bonded labour due to complex employer-employee relationships, the working conditions—such as hours and rest—require scrutiny to prevent exploitation.
Legal Overlaps and Conviction Challenges
With the Bharatiya Nyaya Sanhita (BNS) now active, there is overlap with the BLSA, particularly in human trafficking cases. Dr. Jacob explains that legal overlap isn't problematic; for instance, child bonded labour cases can involve charges under multiple acts. However, the focus differs: BLSA emphasizes victim rehabilitation, while BNS targets criminal elements in organized trafficking networks.
Conviction rates for bonded labour remain dismally low. A report indicates only two convictions in 27 cases involving 400 rescued labourers over seven years. Dr. Jacob attributes this to victim intimidation, weak evidence gathering, and lack of sensitivity among officials and judges. Cases often take seven to eight years to conclude, during which victims may lose wages or face threats, undermining justice.
Rescue, Rehabilitation, and Systemic Reforms
The rescue and rehabilitation process, outlined in a 2017 Standard Operating Procedure (SOP), involves district magistrates, interdepartmental teams, and immediate aid like medical care and cash assistance. Yet, many states fail to follow the SOP, highlighting the need for training and sensitization.
Rehabilitation includes Rs 30,000 per victim and access to government schemes for housing, employment, and education. Successful examples include survivors starting small shops or farming, but many lack Aadhaar cards or bank accounts, hindering support.
Future Directions and Hope
On the 50th anniversary, Dr. Jacob argues against merging laws into a single anti-trafficking bill, emphasizing that existing frameworks like BLSA, BNS, and constitutional rights are sufficient if enforced properly. "We need victim-centric justice systems and dedicated resources for training officials," she asserts.
Progress requires coordination across government departments, public reporting, and learning from successful cases, such as a recent conviction in Tamil Nadu that freed a trafficked child. Dr. Jacob remains hopeful that with commitment, India can ensure freedom for all its citizens, allowing them to taste genuine liberty and opportunity.
