Book contents
- Frontmatter
- Contents
- List of Tables
- Foreword
- Preface
- 1 Introduction
- 2 Slavery and Debt Bondage in British India: Policy and Implementation
- 3 Debt Bondage during the Post-Independence Period: Policy Developments
- 4 Problems in the Implementation of Bonded Labour System (Abolition) Act, 1976
- 5 Rehabilitation of Released Bonded Labourers
- 6 Judicial Intervention
- Conclusion
- Appendices
- Glossary
- Biographical Notes
- Bibliographical Essay
- Index
6 - Judicial Intervention
Published online by Cambridge University Press: 26 October 2011
- Frontmatter
- Contents
- List of Tables
- Foreword
- Preface
- 1 Introduction
- 2 Slavery and Debt Bondage in British India: Policy and Implementation
- 3 Debt Bondage during the Post-Independence Period: Policy Developments
- 4 Problems in the Implementation of Bonded Labour System (Abolition) Act, 1976
- 5 Rehabilitation of Released Bonded Labourers
- 6 Judicial Intervention
- Conclusion
- Appendices
- Glossary
- Biographical Notes
- Bibliographical Essay
- Index
Summary
The apathy of the state governments in accepting the existence of bonded labour as well as the methods employed by some state governments for identification led to the emergence of NGOs/activists who took up the cause of the bonded labourers. In all such cases, the NGOs/activists sought judicial intervention. A number of cases under Public Interest Litigation (PIL) were filed in the Supreme Court as well as in other courts since 1982.
Some Important Cases
Some of the important cases dealt with by the Supreme Court are as follows:
N. Jayakumar vs. State of Andhra Pradesh, (Source: Certified copy of the Supreme Court of India, Record of Proceedings, Dated 10.11.1982);
Bandhua Mukti Morcha vs. Union of India, AIR 1984, Supreme Court 802;
Vivek Pandit vs. State of Maharashtra, (Source: Certified copy of the Supreme Court Order Dated 1985;
Neeraja Chaudhary vs. State of M.P., AIR 1984, Supreme Court, 1099;
Mukesh Advani vs. State of M.P., AIR 1985, 3 Supreme Court Cases 162;
Santhal Pargana Antyodaya Ashram vs. State of Bihar, (Source: Certified copy of the Supreme Court Order Dated 19.12.1986);
P. Sivaswamy vs. State of Andhra Pradesh, (1988), 4 Supreme Court Cases 466.
Kameshwar Prasad Sharma vs. State of Bihar, (1993), 3 Supreme Court Cases 19;
Balram and Others vs. State of M.P., AIR 1990, Supreme Court 44;
Public Union for Civil Liberties and Others vs. State of T.N., (1994), 5 Supreme Court Cases 116.
- Type
- Chapter
- Information
- Human Rights and LawBonded Labour in India, pp. 99 - 122Publisher: Foundation BooksPrint publication year: 2011