Case Commentary: Bandhua Mukti Morcha v. Union of India and Others

Author – APOORVA CHANDRA, Student at Aligarh Muslim University Centre, Malappuram & Rishi Kamal, Student at Chhatrapati Shahu Ji Maharaj University, Kanpur

Best Citation – APOORVA CHANDRA & Rishi Kamal, Case Commentary: Bandhua Mukti Morcha v. Union of India and Others, SUPREME COURT JUDGEMENT REPORTER, 1 (1) of 2023, Pg. 36-39, ISBN – 978-81-960677-8-6.

ABSTRACT

The Bandhua Mukti Morcha case was significant in India, resulting in the liberation of bonded labourers. In 1981 to address the problem of bonded labour in the nation, the Bandhua Mukti Morcha case, a landmark case in India, was filed. The case sought to bring attention to the plight of workers who were compelled to work inhumane hours, frequently for little to no pay, and who were unable to quit because of their debt to their employers.

The case resulted in a number of significant legal and policy changes, including the passage of the Bonded Labour System (Abolition) Act of 1976, which sought to eliminate bonded labour in India, as well as the development of a comprehensive framework for identifying, rescuing, and rehabilitating bonded labourers. The case also aided in raising public awareness of the issue of bonded labour, which resulted in increased advocacy and activism on behalf of workers’ rights.

The Bandhua Mukti Morcha case is still pertinent today because India continues to grapple with the problem of exploitation and forced labour. Although there has been significant advancement in recent years to end bonded labour and protect workers’ rights, there are still many obstacles to overcome, including the need to strengthen enforcement practises and safeguards for weaker groups like women and children. As a result, the case serves as a reminder of the ongoing fight to ensure that all workers in India and elsewhere are treated with dignity and justice.

It sets a precedent for the protection of labour rights and served as a framework for cases involving bonded labour in the future1. In cases involving child labour, the case serves as a point of reference.

Keywords: Constitution of India, Constitutional remedies, Bonded Labour, Right to Life, Personal Liberty, Supreme Court of India