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2004 (5) TMI 617 - SC - Indian Laws

Issues:
Plight of migrant bonded laborers, monitoring of implementation of directions, recommendations for improving schemes, rehabilitation of released bonded laborers, involvement of NGOs, central issue of rehabilitation, existing schemes for rehabilitation, financial assistance packages, modified Centrally Sponsored Scheme, role of Civil Society, directions for rehabilitation plans and implementation.

Plight of Migrant Bonded Laborers:
The petition originally highlighted the exploitation of migrant bonded laborers from Tamil Nadu in Madhya Pradesh, leading to the expansion of the scope to cover issues of bonded laborers nationwide. The National Human Rights Commission (NHRC) was tasked with monitoring the implementation of directions and the Bonded Labour System (Abolition) Act, 1976. An Expert Group was formed to assess the situation, suggest improvements, and recommend amendments to make the Act more effective.

Rehabilitation of Bonded Laborers:
The major issue identified in the judgment was the rehabilitation of released bonded laborers. The NHRC and learned Amicus Curiae emphasized the importance of rehabilitation post-identification and release. The Union of India detailed various schemes and financial assistance packages for rehabilitation, including the modified Centrally Sponsored Scheme providing grants for rehabilitation. The judgment stressed the need for well-planned rehabilitation to prevent released bonded laborers from suffering on the streets.

Involvement of NGOs and Civil Society:
Recognizing the vital role of Civil Society in nation-building, the judgment highlighted the potential collaboration between NGOs and the State for effective rehabilitation. NGOs were suggested to play a significant role in rehabilitating released bonded laborers with proper financial assistance and supervision from the State. The judgment emphasized the need for interaction between Civil Society and State machinery in implementing social service schemes.

Directions for Rehabilitation Plans and Implementation:
The Supreme Court issued comprehensive directions to address the rehabilitation issue effectively. These directions included the submission of status reports by all States and Union Territories every six months, the constitution of Vigilance Committees, arrangements for rehabilitation by States or in collaboration with NGOs, sensitization of authorities, and plans for sharing funds under the Centrally Sponsored Scheme. The Union and State governments were directed to file affidavits outlining the steps taken within six months, with further considerations of additional directions thereafter.

This judgment underscores the critical need for a well-structured rehabilitation framework for released bonded laborers, involving active participation from both the government and Civil Society to ensure effective implementation of rehabilitation plans and eradication of the bonded labor system.

 

 

 

 

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