. BANDHUA MUKTI MORCHA v. UNION OF INDIA & OTHERS·

A crnsher owners would be"inter-State migrant workmen. But whether inany particular stone quarry or stone crush.er the workmen employed· are inter-State .migrant workmen on the application of .,this test laid down by us and if so, hciw many of them are such inter-State migrant workmen, is a matter which would have to be investigated and deter- . mined and that is what must be .done if we areto make the provisicns B of the Inter-State Migrant Workmen Act and the Inter-State Migrant Workmen Rules meaningfui for these workmen who are. recruited from other States and who come to the stone quarries ad stcr.e crushers in the State of Haryana. We may point ·out that in additicn to the rights and· benefits confer;ed upon him under the Inter-S.tatc Migrant Workmen" Act and tl1e Inter-State Migrant Workmen Rules, c an 'inter-Siate migrant ',\lorkman .is. also, by r.eason of Section 21, ' entitled to, the benefit of the provisions contained in the Wcrkman's . Compensation Act 1923. The Payment of Wages· Act ·1936,. The Employees' State Insurance Act 1948,. The Employees' Provillcnt ..Funds and Misc. Provisions Act, 1952, a11d the Maternity Benefit Act 1961. The obligation to give effect to the provisions contained D in these varfous laws is .not only that of the jamadar or thekedar and the mine-lessees and stone crusher owners (provided· of course there are 5 or more inter-State migrant workmen employei! in the esta- blishment) but also that of the Central Government because the C'i1tral JJoveniment being the appropriate Government" :within the meaning of Section 2(1)(a) is under an obligation to take necessary steps for E •the purpose o( securing· compliance with these provisions by the thekedar or jamadar and mine-lessees and· owners of stone crushers. The State of Haryana is also for reasons already discussed above bound to ensure that' thes_e provisions are-observed by 'the thekedar' ' or' jamadar dnd. mil)e-lessees and owners of stone crushers.

F We, then turri to consider the provisio'ns of the Contract Labour (Regulation and Abolition) Act 1970 (hereinafter referred t_o as the ' '

Contract Labour Act). This Act applies to every establishment in which' 20 or more workme1; are .employed or were employed on any day ,of the. preceding twelve months as contract labour and to every contractor who employs or who employed on. any day of the G . preceding twdve months 20 or more workmen. The expression "apprqpriate gqvernment" is defined in Section 2 sub-section (I) clanse (a) and so far as the stone quarries and stone crushers are con'cerne!. the Central Government is the 'appropriate 'Government'. Section 2 s.ub-section (I) clause (b) states that a workman shall be deemed to be employed as "contract labour" in or in connection with the work of an· establishment when he is 'hired in or in connection

DANDHUA MUKTI MORCHA· v. UNION (Bhagwati, J.) . 123

with such work by or through a contractor and "contractor".· is defined in clause (c) of that sub-section to mean, in relation to an establishment, "a person ·who undertakes to produce a given result for the establishment, other than a mere supply of goods or articles of manufacture to such. establishment, through contract labour or who supplies contract labour for any 'work of the establishment and includes a sub-contractor". The expression "principal employer''. B is defined in clause (g) of sub~sectiori (i) · of section 2 and for the I a purpose of mine, it means the owner or agent of the mine and therefore, so far as the stone quarries 'and stone crushers ate

--1 concerned, the m;ne lessees and owners of stone crushers would be the principal employ~rs. Then there are provisions in the Contract Labour Act for registration of establisbmen! by every principal c employer and for licencing of every contractor to whom the· ;Act applies: 1lut more importantly, Sections 16 to 19 impose·a duty on every contractor to~ provide· canteens, rest rooms, nrst aid facilities and other facilities and Section 20 enacts that if any amenity required to be provided under section 16, 17, 18 or 19 for the benefit ·of the · contract lahour e10ployed in an establishment is not provided .by D the contractor, such amen;ty shall be urovided by _the principal em- . player and all expenses incurred by the principal employer in providing such amenity may be rec·overed by the principal employer from.the .. co.ntractor. Every contractor ·is made responsible under-section 21 for payment of wages to each worker employed_ by him as .contract • · l~bour .and such wages are to be disbursed in the presence ·of a· E representative duly authorised by the principal ·employer. · Now if the jamadar or thekedar in a stone· quarry or stone crustier is· a .'contractor' within the meaning Of the definition of that term in the • Inter-State Migrant Workmen Act, be would a fortiorarl · ~ a 'contractor' also for the purpose of Contract Labour Act and any • workmen hired in or in connection with the work of a' stone quarry or stone crusher by or through the jamadar or thekedar would be . · workm~n entitled to the benefit of the provisions· of the .Contract · •Labour Act. There are. elaborate Rules made under the Contract Labour Act called the c·antract Labour (Regulation and Abolition) Central Rules -1971 (hereinafter referred to as the Contract Labour Rules) and these Rules not only d~al with the procedure for appliea- · tion and grant of registration· to a principal employer and licence _to a. cOl)tractor, but also particularise the deiails of the various welfare . and other facil:t;es direcied to be provided to the contract labour ·by Section 16, 1?, 18 and. 19 of the Contract Labour Act. Where therefore the thekedar or jamadar is a 'contractor' and the workmen H are employed as 'contract lilbour' within the meaning of these expres-

SUPREME COURT REPORTS [1984] 2 s.c.R.

A · sio1is as used in the Contract Labour Ad, the contractor as well as the· principal .employer wo~ld be liable to comply. with the provisions . ·of contract Cabour .Act and the Contract Labour Rules and to pro.vide to the contract Jabour rights and benefits conforred by these provisions. The Central Government beiqg the "appropriate ·gove rnment" within the.·meaning of Se~tiori 12 suiHeciion (I) clause (a) would. be responsible for ensuring compliance with the· provisions '. B of the Contract Labour Act and ..the.Contract Labourilules by ·1he . mine-lessees and stone crusher owners and the .thekedar or jamadar. So also, for reasoiis which we have alre~dy discussed while d~ali~g · with th~ applicability of the Mines Act i952 .and, the Inter-State

c Migrani Workmen Act, the State of Haryana ·would be .under. an . obligation to enfor90 the provisions of the Coµtract Labour Act and the-Contract Lab 0ur Rules for the benefit of the-workmen . ·- . · Turning to. the provisions of the Minim1fm .Wages Act 1948; there can lit.no doubt a'!ld indeed this was not disputed on beh~Jf of ihc respond~nts, that the Mimmum Wag~s Act 1948 is applicable D to workmetl employed in the stone q11arries and stone cru.shers. The · minimum wage fixed for iniriers by the Notification of the 'Central . Govermnerit- dafod 2nd Dec;mber 1981 is fu.. ·9.7·5.per day for those;. working abbve the grnund and· Rs. J 1..25 per day for thbse wc;rking below the ground. Moreover the Notification prescribes separate a .~. minimum wage for the occ11pation 'of a· shot firer, stone breaker,. E stone carrier; 1nud ren1over and water carriei·. ·ThCn~ is "a mjni'rrlu,m' • wage, prescribed iri the Notificationfor each of these _occupations.: • The question is whether -the workmen employed in the stone quarries and stone crushers are ·paid minimum wage for lhe work done by ,. _them .. The_ Report of Dr. Patwardhan alleges that the mode, of .payment. to the workmen employed .in .stone quarrying operations •F. is such that rafter deduction of the amounts spent on ,explosivesand drilling of hoies, which amount has to be borne by the workmen • · out. of the.ii' wa.ges, what is left to the workmen is iess than.the minimum· ·wage. It is also· stated_ in. the Repo"rt of Dr. Patwardhan th~t the workmen employed in ~he stone .qu&rries not only quarry the stone. . but. also .. carry . out.. the work of a shot firer' and a - stone breaker, though ' ' ~

.G the work of. a shot firer. cannot be done by them without proper : training as provide.d in the Mines Vocational Training Rules. 1966. ·and for this work of a shot firer and a st~ne hreaker carti<d cut by · ·. theni, they do not-get the minimum wage stipulated for the ctcupaticn · ... of a 'shot ·firer o~. it. stone br~aker and moreover since they ·ar~ piece: H rated workers, .their output fallsbecause of the other jobs they . are required to carry out with 'th" result that they are deprived of the

BANDHUA MUKTI MORCHA v. UNI~ (Bhagwati, J.) 125

minimum wage which· they should otherwise receive, We are not A . in a position at the pre~ent stage to give "° definite fihiling th~t what .i·s stated·in the. Report of Dr. Patwardhan is tru·e, but there can.be no. doubt that whatever be the mode ·of pa)'inent followed by the mine lessees and stone crµsher owners, the workmen must get nothing less than the minimum. wage for the job which is being carried out by them and if they are· required to cariY out additionally any of · .B the functions pertaining to ·another job or occupation for which a· soparate minimum wage is prescribed, they rriust be paid a proper'. -J tionatc part of such minimum wage in addition to the minimum wage p1yable to them for the work primarily carried out by them. We wou!d also suggest that the system of payment which is being followed

- in the stone quarries and stone crushers, under which •the expenses -of the explosives and of drilling h.oles ·are: to be borne by the workmen 011t of their <>wn wages, should be changed and the explosives required for carrying out b!nsting should be suppiied by the mine lessees or . c

the j~madar or thekedar without any deduction being made out of. the. wages ·of the workmen and the· work of -Ori11ing holes. and shot firing should be entrusted only to those who have received the requisite ·n training ·.under· the Mines Vocational Training .Rnles 1966. We . would direc.t the Central Government and the Staie of Haryana to take. necessary steps in this behalf. so rar as the complaint of the petitioner thqt the' workmen employed in the •tone quarries ·and ·. st~he crushers' are not boing paid the min1mum ·was due and payable , for .the work carried out 'by them is concerned, it is a matter .which .E would have to be investigated and' determined in the light of the law:

- laid down by us. •

Lastly, we must conside~ the provision~ of the Bonded Labour System (Abolition) !ACt 1976. We. have already pointed out ,that many ofthe States are not prepared to adinit the existence of'b 0 nded F labour in theif territories and the State of Haryana is no ~·xception. But in ·order to determine whether there· is any bonded labour in the stone quarries and >tone crushers in the Faridabad area of the State of l!aryana, it is _necessary to examine some of the relevant provisions of the Bonded Labour System (Abolition)· Act 1976: This Act was a enacted with view to giving effect to Article 23 of the Constitution G which. prohibits traffic fu .h.~man 'beings and begar and other similar ·forms of forced 1aboui·: We bave ·had ~ecasion to. consid_er the true scope and dimension of this. Article of the Constituiion in, Ptople's • 'Union.for Democratic Rights v, [,Inion~( india 11 l commonly known as H (I) [198JJ 1 s,c:R. 456.

126 SUPREMllliCOURT REPORTS [1984] 2 s.C.R.

A the Asiad workers' case and it is not necessary for us to say anything· more about it in the present judgment.. Sufl\ce it to. state that this Act is intended to strike against the system of bonded labour which has. been a shameful sdllr on· the Indian social sceue for decades and which has· continued to disfigure the life of the nation even after independence. The 'Act was brought into force through out the B length and· breadth of the country· with effect• from 25th Qctober 197 5, which means that the. Act has been in force now for alfilost 8 years and if properly implemented, it should have by this time brought about complete identification, freeing and rehabilitation of ·bonded Jabour. But as official, semi-official and ·non,official reports show, we h~ve yet to go a long way in wiping out this outtage · c · against humat.ity. Clause (d) of Section 2 defines '°bonded debt" to mea.n an· advance obtained or presumed to have been obtained, by .a bonded labourer, under or in pur_suance of, the bonded Jabour .system. The expression 'bended labourer' is .defined in clause (t) to mean "a labourer who. incurs, Gr has, or· is presumed to have - incurred a bonded 'debt", Clause (g) defines "bonded labour system" ?'·· ·D to mean ·,!;

"the system of forced, or partly foreed, labour under which a debtor enters, or has, or is presumed to have, entered, into an agreement with the creditor to the effect that,- ·

E (i) in consideration of an advance optained by him or·, by any of his lineal ascendants or descendants (whether or not .such advance is evidenced by any document) and .in. considerat~n of the interest, if any, due on such advance, or

(ii) in pursuance . of any customary or social obligati~n·;. ar . F • (iii) for .any economic consideratio·n· received by him or by any of his lineal ascend.ants or descendants, or he would- ·

(1) render, by .himself or through- any member of his family, or any person dependent ori him, labour or service G to the creditor, or for the benefit of: the creditor. for a specified period or for an unspecified period, either . without ·-,vages or for nominal 'wages, or ·

(2) forfeit the freedom of emplo /inent or other means of H. ., livel;hood for a specified period or for an un-specified period, or .

-, . • BANDHUA. MUKTI MORCHA v. UNION (Bhagwati, J.). 127.

(3) forfeit the right to move freely throughout the A territory of India; or

(4) fo1feit the right-to appropriate. or sell at market value -any. of his property or product of his labour. or the labour cf a member of hi> family or an;y persoi1 dependent on him." B The expression "nominal wages" is. defined in clause (i) of Section 2 to mean, in relation to an, labour, a wage which is less t]lan-·-

(a) the minimum wages fixed by the. Government, in-relation to the same or similar labour, under ariy law for the time

- being ·in force, and

(b) where no such wage has been fixed in relation to any c form of labour, the .wages that are normally paid, for the same or similar labour, to the labo.urers working.in the same locality." D Section 4 is the material section which provides for abolition of bo.nded labour system and it rims as follows :

"4(1) On the commencement of this Act, the bonded labour system shall stand abolished and every bonded labourer.. shall, on such commencement, stand 1freed and discharged -• E frnm any obligation to render. any bonded labour.

{2) after the.commencement of this Act, no person·shall-

(a) make any advance nncter, or in pursuance of; t.he bonded labour system, or F (b) .compel any person to render any bonded labour or othen fonii of forced labour.

Section 5 invalidates any custom or 'tradition or any contract . agreement or other instrument by virtue ·of which any person or any G member of the family or dependent of such .person is required to do. any work or render· any service as a bonded labourer. Section 6 provides inter a/ia that on. the commencement of the Act, every obligation of a bonded labourer to. repay any bonded debt or such part of any bonded debt as remains unsatisfied immediately before H s\Jch commencemerit, shall be deemed to have been extingui£hed.

.128 S0PRE~1E COURT REPORTS [I 984] 2 s.qc

A .There ate certain other consequential provisions m Section 7 to 9 b:ut it is not necessary to refer to them. Sections IO to 12 impose a duty on.every District Magistrate and every officer to \vhom .power ·may be delegated by him, to inquire whether, after the commencement · of the Act, any bonded Jabour system· .or any other form ·or forced · 'Jabour is.,being enforced by or on behalf 9f, any person resident wit.hin B the I.ocal limits of bis jurisdiction and if, as. a result of such inquir)', · .any person is· found to be enforcing tbe bonded labour system ot · ·any other syst0m cf forced labour, he is ·required forthwith to take tho necessary action to eradicate the enforcement of such forced labour. 'Section 15 provides for Constifution of a Vigilance Committee in each District and each sub-division of a District and sets out what c shallbo the composition· of each Vigilance Commiitee. · The functions ·Of the. Vigilance (;ommitiee are set out'in Sectio~ 14 ard among other ·things, that Section· proviaes ·that. the Vigilance· Comm ttee shall' be to responsible biter a/ia advise .tho District M~gistrate as to the offorts made and action taken, to ensure that' the provisions· of the Act or any Rule. made thereunder are properly impleiucnted, to provi.de D · for the economic and. soda! rehilbUitation of the freed bonded labourers'. . ·.and to keep an eye on·the number of offences of 'which cognizance has been \aken unde~ the Act. Then comes Section 15 which Jays ·down that whenever any debt is clajnied by any Jab9urer or a Vigilance Committee to be a bonded debt, .·the· burden of proof that such debt • • i~ not a bonded debt shall lie on the 1;reditor. These are some of E . the material provisions of the B.onded Labonr System (Abolition) Act-1976 wbich need to l{e considered.

It is a .matter· of.regret i)lat ·though Section 13 pro~ides for· . ·.constitution of a Vigilance Committee in each. District and each sub- d!vision of' a District; the Goveminent of Haryana, for some reason .. ;' F· or .the othe,r, did not constitute any Vigilance Committee ·until 'its · attention was drawn· to this ·requirement of the law by. this Court. It may be that ·according. to the Government of Har}ana there were not at any time·any bonded labourers.within its territories, but even .. so Vigilance Committees are required by Section 13 to be constituted · because the function of theVigilarice Committee is to identify bonded G , labourers·, if there arc any, and 'to· free ,and rehabilitate them and it would not be right for the State 'Government riot to constitute Vigil~rtce Committees on .the assumption that there .are rio bonded Jaboure1s at all. But ·;.,~ .are glad to find that the Government of Il:aryana · has now co·~stituted a Vigilance Committee in each District. It H does not appear froin the record whether a_ Vigilance. Committee: has been consthuted also in each ·sub-division of a District bu.t we

BANDHUA MUKTI MORCHA v. UNION (Bhagwati,· J.) 129

have no doubt that the Government pf Hacyana will without any A delay and at any rate within six' weeks from tcday constitue a Vigilance Committe.e in each sub-division and thus comply with the requirement of Section 13 of the Act. We may point out that in constituting Vigilance Commitiee in each District and sub-division, the Haryana Government would do well to include representatives of non-political '. social action groups oper~ting at the grass root level, for it is only through such social action groups and voluntary agencies that the problem of identification of bonded labour can be effectively /. solved.

It was contended by the learned Additional Solicitor General

- on behalf of the State of Haryana that in the stone quarries and stone crushers. there might be forced labourers but they were not bonded labourers within the meaning of that expression as used in. the Act, c •• since a· labourer would be. a. bonded labourer only if be bas er is .:presumed to have inc'urred a bonded debt and there was nothipg in the presont,cose to show that the workmen employed in the sione quarries and stone crushers had incurred or could be presumed to D have incurred any bonded debt. It was not enough, contended the- learned Additionalff Solicitor General, for the· petitioner merely to .show that the workme~ were providillg forced labour in. that they were not allowed .to leave the premises of the establishment, but it was further necessary to show that they were wo~king under the bonded, .labour system. The learned Additional' Solicitor General ' E also subm;t!ed that. in any event, even if the workmen filed affidavits .. to the effect that they had taj<en advances fro~ tbekedar or jamadar and or mine lesset:s and/or stone crusher owners and they were not allowe(to. leave the 'premises of the establishment. until the advances were paid of, that would not be ~noilgb evidence for the Court to .hold that they were bonded labourers, because the mine"lessee.s and ·F stone crusher owners had no opportunity to cross-examine the workmen making such· affidavits. This contention was· seriously ·pressed by the learned Additional Solicitor General on behalf ·of the. State of ·Haryana, but as we shall presently show, there is no substance in this contention. We may point out that in the course of the argu- ments we did suggest .to the learned Additional Solicitor General G that even i( the workmen were not bonded labourers jn .the strict sense of the term but were merely forced to provide labour, should the State Government not accept liability for freeing and rehabilita; ·ting them, particularly in view of the Directive _Prif\ciples of State Policy. The State of Haryana was however not ·prepared to c0me H forward with any proposal.in this behalf. •

' !30 SUPREME COURT REPORTS [1984] 2 s.c.R.

A Now it is clear that bonded labour is a form of forced Jabour and Section 12 of the Bonded Labour System (Abolition) Act 1976 recognises this· self-evident proposition· by laying a duty on every District Magistrate and every officer specified by him to ·inquire whether any bonded Jaoour system or.any other form of forced labour is being enforced by or on behalf of any person and, if so, to take B such action as may be necessary to eradicate the enforcement of such forced labour. The thrust of the Act is against the continuance of any foriu of forced Jabour. 'It is of course true that, strictly speak- · ing, a bonded labourer means a labourer who incurs or has or 1s presumed io have incurred a bonded debt and a bonded debt means an advance obtained or presumed to have been obtained by a bonded c •• labourer under or in pursuance of the bonded labour system and it . would therefore appear that before a labourer can be regarded as a bonded labourer, he must not .only be forced to provide Jabour to the employer but he. must have also received an advance or other - economic consideration from the employer unless he is made to · provide forced Jabour in· pursuance of any custom or social obliga- D. tion or by reason of his birth· in any particular caste or community. It was on the basis of this definitional requirement that the learned ·Additional Solicitor General on behalf of the State of Haryana p~ forward the argument that even if the .workmen employed in the stone quarries and stone .crush~rs were being compelled to provide .forced labour,. they were not bonded laboure1s, since it as not shown by them or by the petitioner that they were doing so in consideration of an advance or other economic consideration received from the · mine-lessees 'and owners of stone crushers.. Now if this conte~tion of the learned Additional Solicitor General were well-founded, it Would become almost impossible to enforce the provisions of the I Bonded L~bour System (Abolition) Act 1976 because in every case where bonded labourers. are sought to be identified for the purpose of release and· rehi!bilitation under the provisions of the. Act, the ' State A.uthorities as alS() the employer would be· entitled to insist that the bonded labourers must first prove that they .are providing forced labour .in consideration of an advance or other. economjc consideration received by them and then only they would be eligible, of the benefits provided under the Act and this would make it ex- tremely dffiicult, 'if not impossible, for th~ labourers to establish that they are bonded labourers because they would have no evidence at all to prove that any advance or economic consideration was provided 'to them by the employer and since ~ployment of bonded labouren is a penal offence under the Act the employer would immediately, without any hesitation, disown having given any advance .or economic •

k BANDHUA l&UUI MORCHA v. UNION (Bhagwati, J.) 131 . . consideration to the bonded labourers. It is indeed difficult to A 1111derstand how the State Government which is constitutionally mandated to bring about change in the life conditions of the poor 11nd the down-trodden and to ensure social justice to them, could possibly take up the stand' that the labourers m:ust prove that they are made to provide forced labour in consideration of an advance. or <:>ther economic consideration received from the employer and are t\ierefore bonded lab9urers. It is indeed a matter of. regret that the State Government should have insisted on a formal, rigid and • !. legalistic approach in the matter of a statute wich is one of the most important measures for ensuring human dignity to these unfortunate

- · specimens of humanity who are exiles bf· civilization and who are leading a life of abject misery and destitution. . It would be cruel to insist that a bonded labourer in order to derive the benefits of this social welfare legislation, should have to go· through a formal C·

process of trial with the normal procedure for recording of evidence. That would be a totally futile process because it is obvious that a · bonded lal:iourer can never stand up to the rigidity and formalism of the legal process due to his poverty,.illiteracy and social and eco- D nomic backwardness and .if such a procedure were required to be folldwed, the State Government might as· well obliterate this Act from the statute book. It is now statistically established that most •f bonded labourers are members of Scheduled Castes and Scheduled Tribes or other backward classes and ordinary course. of hunian affairs would show, indeed judicial notice can be taken of it, that there would be no occasion for a labourer to be placed in a situation where he is required to supply forced la.hour for no wage or for.nomi- · nal. wage, unless he has received some advance or othe~. economic , ·consideration from the employer and under the pretext of not having returned such advance or.other economic consideration, he is required to render service to the employer or is deprived of his freedom of employment or of the right to move fteely wherever he wants. There- fore, whenever it is shown that a labourer is. made to provide forced a labour, the Court would raise presumption that he is required to do so in consideration of an· advance or other economic considera' tion received by him and he is therefore a _bonded labourer. This •' presumption may be rebutted .bY .the employer and also by the· G State Government if it so chooses but unless and until satisfactory material i11 produced for rebutting this presumption, the Court must proceed on the basis that the labourer is a bonded labourer entitled to the benefit of ihe provisions of the Act. The State Government. cannot be permitted to repudiate its .obligation to identify, release H and rehabilitate the bonded labourers on the ·plea that though the •

132 • SUPREME COURT REPORTS . (1984] 2 s.c.R.

A concerned labourers may be p~oviding forced labour, the State Gov- ernment does not owe any obligatiqn to them unless and until they · show in an appropriate legal proceeding conducted according to the rules of adversary system .of justice, that they are bonded labourers. .. The first question that arises in regard to the implementation B of the Bonded Labour System (Abolition) Act 1976,is that·of identi- fication of bonded labour. One major handicap which impedes the identification of bonded labour is the reluctance of the administra- • tion to admit the existence of bonded labour. even where it is prevalent. It is therefore. necessary to impress upon the administration that it does not help to ostrich-like bury its head in the sand and ignore c the prevalence of bonded labour, for it is not the existence of bonded . labour that is a slur on the administration but its failure 'to eradicate it and moreover not taking the necessary · steps for the purpose of wiping out this biot on the fair name of the State is a breach of its constitutional obligation. We would therefore direct the Government of Haryana and also suggest to the other State Qovernments,.tQ take :D st.eps to sensitise the· officers .concerned with the implementation of the Act to this acute human problems and its. socio-economic para- meters. Moreover it may be noted that the District .Magistrates have a central role to play under. the provisions of the Act and. the State Governments would therefore do weli to instruct the District Magistra.tes to ta~e up the work of identification of bonded labour • E as one of their top priority task~. There are certain areas of con- centration of bonded labour which can be easily identified on the basis _of various studies and reports made bi governmental authorities, .social action groups and social scientists· from time to time. These I areas of concentration of bonded labour are mostly to be found in stonequarries, brick kilns and amongst agricultural landless labourers F ·and such areas must be mapped out by each State Government and task forces should be assigned.for identification and release of bonded labour: Labour camp.s should be held periodicall~ in these areas with a view to educating the labourers and for this purpose, the assistance of the National 'Labour Institute may be taken, because the National Labour Institute has the requisite expertise and expe- G rience of holding such ~amps and it should be associated with. the · organisation and conduct of such camps and in each such camp, individuals with organisational capability or potential shculd 1:e • identified and given training in the work of identification and relea'e 'of bonded Jabour. More importantly non-political serial acticn groups and voluntary agencies and. particularly those with a record of honost and cJmp,tent ·service for Scheduled .~ Castes . . and Scheduled '

'BANDHUA MUKTI MORCHA v. .UNION (Bhagwati, J,) 133 . Tribes, agricultural labourers and other unorganised workmen shouid be involved in the .task of.identification and release of bonded labou- rers, for it is primarily through such soda! action groups and ·voluntary agencies alone that it will be possible to eradicate the toaded la tour system, because social action groups ·and voluntary agencies com- prising inen and women dedi£ated to the cause o.f emancipation of bonded labour will be able to penetrate through the secrecy under which very often bonded labourers are required tp work and discover the. existe.nce of bonded labour and help to identify and release bonded labourers. We would therefore direct the Vigilance Committees '. as also the District Magistrates to take the assistance ·of non-political

- social.action· groups and voluntary agencies for the purpose of ensur- ing implementation of the provisions of the Bonded Labour System c (Abolition) Act 1976. · '

Th.e other question arising' ou~ of the.· implementation· of ·th~ Bonded Labour System (Abolition) Act 1976 is that of rehabilitation of tlie released bonded labourers. and that is also a question of the · greatest importance, because if the bonded labourers who are identi- • 1 D fied and freed, arc not rehabilitated, their condition would be much . worse .than what it was before during the period of their ·serfdom and they would .become more exposed to exploitation and slide back once again into serf<lon even in the absence of any coercion. The J, bonded labourer who is released wonld prefer slavery to hunger, a world of 'bondage and (illusory) security' as against a world'. of freedom and starvation. · The State Governments must therefore concentrate on rehabilitation of- bonded lribour and evolve effective programmes fot. this purpose. Indeed they are under ari obligation to do so under the provisions of the Bonded Labour System (Aboii- ·tion) Act 1976. It may be pointed out that the ~oncept ofrehabilita- tion has the following four main features as admirably set out in the letter dated 2nd September 1982 addressed by the Secretary. Ministry of Lab?ur, Government of India to· the various States Governments:

(i) Psychological rehabilitation must go side by side with physical and economic rehabilitation; G (ii) The physical and economic rehabilitatim:i has 15 major component~ .namely \lllotment of house-sites and agricultural land, Jarid development, provision of'Jow cost dwelling units, agriculture, provision of credit, H. horticulture, ariimal ,husbandry, training for· acquiripg

i34 SUP\UlMB COURT RBPOR.TS (1984) 2 S.C.R..

A · new skills and developing existing skills, promoting • traditional arts and crafts, provision of wage einpioy- ment and .enforcement of minimum wages, collection and · processing of minor fore~t produce, health, medical care and sanifation, supply of essential com- modities, education ·of children of bonded ·labourers B and protection civil rights; .. (iii) There is scope for brillging about an integration among the various central and centrally sponsored schemes and the on-going schemes of the 1!tate Governments for a more ·qualitative rehabilitation. The essence ·c of such integration is to avoid duplication i.e. pooling resources from different sources for· the same purpose. It should be· ensured that while funds aye not drawn • from different sources for the same purpose drawn from different sectors for different components of the rehabilitation scheme are integrated. skillfully'. and , D . . (iv) While 'drawing up any scheme/programme of rehabili- fation of freed bonded labour, the latter must necessarily be given the choice between the various alternatives for their rehabilitation and such programme should be finally selected for execution as .would need the total E requirements of the families of freed bonded labourers . to enable them to cross the poverty line on the one hand and to prevent them from sliding back to debt bondage on the· other.

We would therefore direct the Government of ..Haryana F to draw up a scheme. on programme for "a better and .more meaning- ful rehabilitat'on of the freed bonded labourers" in the light of. tho above guidelines set out b¥ the Secretary to the Government of India, Ministry of Labour in his letter · dated 2nd September 1982. The other State Governments are not parties before us and hence we G cannot giv~ any direction to them, but we hope and trust that they will also take suitable steps for the· purpose of securing identification, reiease and rehabilitation of bonded labourers on the lines indicated by u.s in this Judgment. • H We are not at all satisfied that the stand taken on bhalf of th~. State of Haryana.that there is no bonded labour at. all in the stono

.,. BANDHUA MUKTI MORCHA v. UNION (Bharvati, J.). J.35

i q11rries and stane crushers is correct. The Report of Mfs Ashok A Srivastava and Ashok Panda shows that, according to the statements given by some of the workers, they were not allowe<l to leave the" stone quarries and were providing forced labour and this Report also stated that severlil persons working in the Ghodholwr and Lakarpur stone quarries were forcibly kept by the contractors and they w~re not allowed to move out of their places and were bonded B labourers. The petitioner also filed the affidavits of a large number y<. of workers on 24th August 1982, each of them stating that he is ·under heavy. debt of the thekedar who does not allow him to leave ·~ ~ the premises without settling the· account. We cannpt ignore this

.. material which has been placed before us and unquestioningly accept the statement made on behalf .of the State of Haryana that there is no bonded labour in the stone quarries and stone crushers. But. c at the same time, we do not think that it would be right for us on ,.. the basis of this material to come to ·a definite· finding that these workers whoie names. are give~ in the Report of Mfs Ashok Srivastava and Ashok Panda or who have filed affidavits are providing ·forced labour or are bonded labourers. It is necessary to direct a further inquiry for the purpose of ascertaining whether any of.the labourers working in the stone·quarries and stone crushers in Faridabad Distriet are bonded labourers fa the. light of the law laid down by us in this j judgment. We would . therefore direct Sb:1i Laxmi Dhar Misra,, Joint Secretary in the. Ministry. of Labour, Government of India, who has considerable experience of the work of identification, release E t - and .rehabilitation of bonded labourers, to visit the stone quarries T and stone crushers in Faridabad District and ascertain by enquiring from the labourers in each stone quarry or stone crusher whether any of them are being forced to provide ·labour ;md are .bonded laboureres. While making this inquiry, Shri Laxmi Dhar Misra Y will· take care to see that wl1en he interviews the labourers either F individually or collectively, neither the mine-lessees or owners of stone crushers nor the thekedar 'of jamadar nor any one else is present. Shri Laxmi Dhar Misra will prepare in respect of each stone quarry or stone crusher a statement showing the names and particulars of tho~e who, according to the inquiry made by him, are bonded labou- · rers a1!d he will also ascertaiii from them whether they want to con- G tinue to work in. the stone quarry or ~tone crusher or they want to -<. go back to their homes and if they want to go back, the District Magistrate of Faridabad will on. receipt of the statement from Shri Laxmi Dhar Misra, make necessary arrangements for releasing them and provide for .their trarlsportation back to their hromes and for H thio purpose the State Government shall make the requisite funds •

136 . " SUPREME,,COURT REPORTS (1984] 2 S.C.R.

. A. . available to the. District Magistrate. Shri Laxmi Dhar Misra .will also enquire from the mine-lessees and owners of st~ne crushers as also from the thekedar or jamadar whether there are any advances made by them to the labourers working in the stone quarry ·or. stone ·crusher anci if so, whether there is any docnmen- _iary evidence in support of the same and he will also ascertain B what, according to the mine-lessees and ·owners of ~tone crushers · oi the jamadar or thekedar, are the amounts of loans still ·remaining outstanding against such labourers. Shri Laxmi Dhar Misra will submit his report to this Court on or before 28th February t984. We may make it clear ·that the object and purpose of this inquiry by Shri Laxmi Dhar Misra is not to fasten any liability on the mine- c lessees ·and owners, of stone crushers and the iamadar or thekedar · on the basis of the Report ·of Sbri Laxmi Dhar Misra but to •. secure the release !Ind repatriation •Of those labourers Who claim to be bonded labourers and who want to· leave the employment and go some where else. We niay point out ,that the problem of bonded labo11rers is a difficult problem because unless, on being freed from bondage, they are provided proper and adequate rehabilitation, it would not help 'to merely se~ure their release. · Rather in: such cases it would be more in their interest to ensure proper working conditions . ·with 'run e~joyment of the benefits of social welfare and labom' ·1aws 0 so that they can live a healthy decent life. Bnt of course this would . only be the next best substitute for rel.,.;se and rehabilitation which must·· receive the highest priority. • ' . · So fa.r a's implementation of the provisions of the Minimum · Wages Act 1948.is concerned "".e would direct the Central yovernment and State of Haryana fo take necessary steps for the purpose of ensuring that minimum wages are paid to the workmen employed .,l - F in the stone quarries and stone crushers in accordance with the prin- ciples laid down by us in this judgment. It may not be a matter of · any consequence, as to which mode of payment is followci, whether the workmen are paid on truck basis 9r on any other basis, but what is essential is and that is what the Minimum Wages Act 1948 requires that the workmen must _not receive any wage less than the minimum G wage: Even if payment of wages is made to the workmen· on truck basis; a formula would have to be evolved by the Central Gowtn- ment and the State of Haryana t0 ensure that the WQrkmen 'receive no less than the minimum: wage and to facilitatC:this fqrrnula. if would have to be provided that the expenses on explosives and drilling holes .ff shall be borne by the mine-lessees and or the :iamadar or thekedar and the work of drillini: holes and shot firing shall be entrusted only ,

,. BANDHuA MUKTl-MORCl!A v. UNION (Bhagwati, J.) ·137 ·.' . to those who have received req~isite training u~der the Milles Voca- A i tional Training Rules 1966. We would direct the Central Govern- . ment and the State of Haryana to take the necessary steps in this .• behalf so that within. the shortest poS6ible time a~d- as far .as ·possible within six weeks from_ today the workqien start actually receiving in their hands a wage not less than the minimum wage. If payment of wages is continued to be maile ·on truck ·basis, it is necessary that B the appropriate offieer of the Central Enfo;cement Machinery must . determine the measurement of each truck as to how many cubic feet """ of stone it can contain and print or inscribe such measurement on the truck, so that appropriate and adequate wage is received· by the

- workmen for· the work <)one by them and they are not cheated out of their legitimate wage. We would also direct the-. inspecting officers of Central Enforcement Machinery to carty .out surprise checks for the' purpose ·of ensuring that the trucks are not loaded beyond their - true measurement capacity. Such .surprise checks _shall be carried c

out by the inspecting officers of the central Enforcement Machinery ' at least once in a week and jf it is found that the trucks are loaded in excess of their true measurement capacity and the wor.kmen are D thereby deprived of their .legitimate wages, the 'inspecting officers carrying ont snch checks will immediately bring this fact to the notice · of the appropriate authorities for initiation of necessary. actio11 against the defaulting mine owners and/or thekedar or jamadar. We would also direct the Central Government and (he State of Haryana _to· e·nsure that payment of wage is made directly to the workmen by E ·the mine-lessees and stone-crusher owners or at any rate in the pre- sence of a representative of the mine-lessees and stone crushers owners and the.inspecting officers bf the Centra.l Government 'as also of the State of Haryana shall carry out periodic checks in order' to ensure that payment of the sppulated wage is made to the workmen. Shri -'r . Laxmi Dhar Misra will also, while holding an. inquiry _pursuant to F this .order, ascertain, by carrying out sample check, whether the workmen employed in any particular stone quarry or stone crusher are actually .in receipt of wage not less than the Illinimum wage and. whether the directions given by us in this order are being implemented. by the authorities. _ '.· · - . G There are also two other matters· in respect of which it is necessary for us to give directions. The first is that, apart from poverty and. helplessness, on~ additional reason why the work111en , employed in stone quarries and stone crushers are deprived of the rights and benefiis conferred upon them unde~ various social· welfare. H laws enacted for their benefit and are subjected to .deception and

SUPREME COURT REPORTS (1984) 2 S.C.R.

A exploitation, m that they are totally ignorant of their rights and entitlements. It is this ignorance ',Vhich _is to some extent responsi- ble for the total denial of the rights and benefits conferred upon • them .. It is therefore necessary to educate the workmen employed ·iri stone quarries and stone crushers so that. they become a ware as to what are the rights and benefits to w,hich they are entitled under B the various social welfare laws. The knowledge of th~ir rights and entitlements will give them the strength to fight against their em- ployers for securing their legitimate dues and it will go a long way towards reducing, if not eliminating, their exploitation. We have fortunately in.our· country the Central Board of Workers Education

c which is entrusted with the function of educating workers· in· their rights and entitlements and we would therefore· direct the Central Board of Workers Education to organise periodic camps· near the sites of stone quarries and stone crushers in Faridabad District for - the purpose of creating awareness amongst the workmen about the rights and benefits conferred upon them by social welfare laws. This educational campaign shall be taken up by· the Central Board of D Workers Education as early as possible and the progress made shall be reported to this Court by the Central Board of Workers Education · from time to time, at least once in ·three months. ·

The other matter in regard to which. we find it necessary to . give directions relates to the tremendous pollution oi' air . by dust E. thrown out as a result of operation of the stone. crushers. When the stone crushers are being operated, they coniinually throw out largequantities of dust which not only pollute the 11ir, but also. affect J' the visibility ahd constitute a serious health hazard to the workmen. The entire air in the area where stone crushers are being operated is heavily laden with dust and it is this air which the-workmen breathe· F d~y in and day out and it is µo wonder that many of them contract tuberculosis. We. would. therefore direct. the central Government and the State of Haryana to immediately take steps for the purpose of ensuring that the stone. crushers 'owners do not continue to foul' the air and they adopt.either of two devices, namely, keeping a drum of water above the stone crushing machine with arrangement for G : continues spraying of water upon it or installation of dust sucking machine. This direction shall be carried out by the Central Govern- ment and the State of Haryana in respect of each stone crusher in t thir Faridabad .District and a compliance report shall be made to this Col!rt onor before 28th February, 1984. -. _ H So far as the provisions of the Contract Labour Act and the.

BANDHUA MUKTI MORCHA v. UNION (Bhagwafi, J..) 139

-f foter-State Migrant Workmen Act are concerned, we have already discussed those provisions and pointed out in what circumstances those provisions would be applicable in. relation to workmen em- ployed in the stone quarries an.d stone crushers. It is not possible for us on the material on record .to come to a definite finding whether the provisions of the Contract Labour Act and the Inter-State Migrant Wo~kmen Act are applicable in the case 9f any particular stone quarry or stone crusher, because it would be a matter for investigation and ·) determination, particularly since it has been disputed by the Central Government that there are any inter-St>lte migrant workmen at all ..t in. any. of the stone quarries or stone crushers. We would therefore

- direct Shri Laxmi Dhar Misra to conduct an inquiry in each of the stone quarries and stone crushers in Faridabad District for the pur- pose of ascertaining whether there are any contract lab~rers or .inter-State migrant workmen in any of tlj,ese stone quarries or slone c -'-· crushers, in the light of 'the interpretation laid down by us in this ' judgment, and, if so, what is the number of such contract labourers or inter,State migrant workmen in each stone quarry or stone crusher. If Shri Laxmi Dhar Misra finds as a result of his inquiry that 'the D Contract Labour Act and/or the Inter-State.· Migrant Workmen Act . is applicable, he will make a report. to that effect to the Court ou or before 15th February 1984. We may make it clear that this. inquiry ~ by Shri Laxmi Dhar Misra is not directed for the purpose of fastehing any liability on the mine-lessees and stone crusher owners or the . iamadars and thekedars propriO vigore on the basis of such report, · E '\ but merely for the purpose of considering whether a prima facie case T eX1sts on the basis of which action can be initiated by the Central Goverrunent; in which the mine-lessees and stone crusher .owners and/or the jam~dars or thekedars would have. an opportunity of :.· contesting the allegation thl\t the Contract Labour Act. and/or the Inter-State Migrant Workmen Act applies to their' stone l\jUarry or F stone crusher and defending such action.

We may. now take up a few specific complaints urged on behalf of the workmen. The first complaint ·relates. to the failure to provide pure drinking water to the workmen in most of the stone quarries and stone crushers. The Report of M/s Ashok Sr'vastava and Ash~k G ., Panda as also the Report made by Dr. Patwardhan shows that pure · drinking water is not made available to the workmen. ·rn Lakarpur mines· the workmen are obliged to take water !'from a shallow rivulet covered with thick algae" and that too, "after a walk over a danger- ously ,steep incline'·'. The same situation also prevails in the mine H in the Gurukul area as also in the Anangpur mines and in these mines

140 SUPREME COURT REPOR:rs [l 9'84 J 2 s.c.R.

A "quite -0ften the upstream and the further down-streani of the rivulet get blocked due to mining of stone and the water becomes stagn~nt" and the workmen have .no other option but to use this water fo.r drink , king p11rposes. It is true that in the low.er reaches of Lakarpur near the road there is a tubewell from which the workmen get water but that is only when they are permitted to do so by the persons oper~ting. it. The Report of Dr. Patwardhan also points out that it is the children or women of the workmen who· are usually engaged in the . work of transporting wate.r from distant places like the . tubewell .\ but they are not paid anything for this work which is being done by them. Ne'ther any m'ne-lessee or stone· crusher owner nor any · jamadar or thekedar regards it as his duty to make prov;sion for drink- · c ihg water for the workmen nor does any officer of the Central Gov- ernment or of the State Government bother to enforce the· provisions of law in regard to snpply of drinking water: It is clear that, quite apart from the provisions of the Contract Labour Act and the Inter- state Migrant Workmen Act, there is a specific prescription in section 19 of the Mines Act 1952 and Rules 30 to 32 of the Mines Rules l955 D that the mine-lessees and sto·ne crusher owners shall make effective arrangement~ fot providing and maintaining at ,suitable points con- veniently situated a sufficient supply of cool and ·wholesome drinking wa,ter for all workmen· employed in the .stone quarries. and stone crushers. The quality of drinkin_g· wate~ to be provided by them has to be on a scale of at least. 2.1itres for every person employed E at any one time and such drinking water has to be readily ayailable at conveniently accessible points · during the whole of the working . .,. time. Rule 31 requires that if drinking water is not provided from taps connected with· constant 'water supply system, it should .be kept I I cool in suitable vessels sheltered from weather ·and such vessels must ·be emptied, cleaned and refilled every day a;i.d steps have to·be taken .·~ .F to preserve the water, the storage vessels and the vessels used for ., drinking water in clean and hygienic condition.· The inspectors may also by order in writing require the mine-lessees and stone crusher owners to submit with the least possible delay a certificate from a competent health officer or analyst as to the fitness of the water for human consumption. This obligation has to be carried out by the mine-lessees and stone crush~r owners and it is the responsibility of the Central Government as also of the State of Haryana to ensure that this o]:>ligation is immediately carfied out by the mine-lessees and stbne crusher owners. We would therefore direct the Central Government and the State of ·Haryana to ensure immediately that the mine-lessees and stone crusher owners· start supplying pure drink- . ing water· to the workmen on a seale of at least 2 .litres for every •

BANDHUA _MUKTI MORCHA v. UNION (Bhcgwati, J.) 14! • • workman by keeping suitable vessels in a shaded place at conveniently access;ble points and appointing some one, preferably, amongst .. the women and/or children of the workmen to look after these vessels. · The Central Government and. the State. of Haryana will also take steps for ensuring that the vessels in which drinking water ·is kept by the mine-Jes.sees and· stone crusher owners are kept in clea and hygienic condition and are emptied, cleaned and refilled every day anc! they shall also ensure that minimum wage is paid to the ) women and/or children who look after the, vessels. The Chief Labour Commissioner, th.e Deputy Chief Labour Commissioner, the Assistant L1baur Commissioner arid the Labour Enforcement Officers of the Government of India as also the appropriate inspecting officers of the Government of Haryana shall supervise strict!} the enforcement c of this obligation and initiate necessary actiori if there is any default. The Central Government ' as also. the '.State of Haryana will also immediataly direct the mi~e-lessees and stone-crusher owners to start' obtaining drinking Water from ·any nnpolluted source .or sources . ofsupp:y and to transport it by tankers to the works site with sufficient frequency so as to be a\Jle to keep the vessels filled up for supply of clean drinking water to the workmen. The Chief Administrator, Faridabad Comnlex is directed to set" up the points from where the mine-lessees and st 0ne crusher owners can, if necessary, cbtain supply . of potable watc.r for being catiied by tanker_s. These directions · given by ~s shall be promptly ,and immed!ately carried out by the ·appropr:ate authorWes and Shri Laxmi Dhar Misra will, while conduct- E ing his inquiry, also ascertain whether ihese directicns have teen carried . out and pure drinking water has been made available to the workmen in accordance with these directions and ·submit a report in that behalf . to the Court on or before 28th February 1984. · ·

The second complaint related to the failure to provide con- F servan-;y faciFties to the ·workmen in the stone quarries and stone crushern: Section 20 of the Mines Act 1'952 requires that there shall· be provided separately for males and females a sufficient number ., of latrines and urinals· of prescribed types so situated -,is to be con- venient and accessible to. persons employed in the stone quarries and stone crushers and all such latrines ar.d urinals shall be ade- G quatel)I lighted, ventilated and at all times maintain<d in a ckan and sanitary· ··condition. What should be the number of. latrine~ and . urinals. to be p~ovided in each stone quarry or· stone crusher and· . what should. be the standard of· construction .to be ccmplkd with iii erecting the la!rines are provided in Rules 33 to 35 of the Mines H Rules· 1955 and Rule 36 provides that a sufficient. number of· water

142 SUPREME COURT REPORTS • • A . taps conveniently accessible shall be. provided in or nea·r such latrines· ' + and if piped water supply is not ·available; then a sufficient quantity of water shall be hept stored in suitable receptacles near such latrines The Report of Dr. l>atwardhan sli.ows that there is not a trace of 1uch • conservancy facilities in any· of the stone quarries and the •'va~t open mountain dug-up without a thought as to environment is used by B men and women and children as one huge open latrine" where the ' ' ' only privacy is that provided by the "curtain drawn by the turned. down eyes of women and the turned away eyes of men';, This state- ment made in the Reportof Dr. P;itwardhan has nbt been denied. in ar,iy of the a·ffidavits in reply filed on behalfof the respondents. ....

c We would therefore direct the Central Government as also the State r-~ Government td. ensure that conservancy facilities in the shape of latrines and. urinals in accordance with the provisions contained in Section 20 of the Mines Act 1950 and Rules 33 to 36 of the Mines Rules - 1955 are provided immediately. by mine lessees and ·owners of stone crushers. This direction shall be carried out at the earliest without. ). any delay and Shri.Laxmi Dhar Misra will, while making his inquiry, ascertain whether the mine-lessees and owners of· stone crushers in each of the stone quarrie,s and stone crush<rs visit<d by him have complied with this direction and ·a Report in that behalf shall be submitted by Shri Laxm; Dhar Misra on or before 28.th February,

E There was also' one other complaint mode on behalf of the . ··workmen and that related to the absence of any medical or first aid · ..,. facilities. The Report of J)r. Patwardhan shows that no such facili- · 7. ties are provided to the workmen employed in the sfone quarries and 1. "" stone crushers and this finding was not sqiously disputed en behalf of the respondents. It is indeed regrettable that despite 1here being F a mandatory provision for medical and first Aid facilities in Secticn 21· -:t· of the Min.es Act 1952 and Rules 40 to 45A of the Mines Rules 1955, no medical or. first aid. facilities .seem to. be provided in the stone quarries and stone crushers. We would therefore direct the Centra I Government as also the State Government to take steps t.o immedia- tely ensure that proper and .adequate medical ayd first aid facilities G as required by Section 21 of the Mines Act 1952 and Rules 40 to 45A of the Mines Rules 1955. are provided by the mine~lessees and owners of o6tone quarries to the workmen. Rule 45 provides that every shot 'f· firer and blaster in a mine shall hold first aid qualification specified in Rule 41 and shall carry, while on duty, a first aid outfit consisting of one large sterilized dressing and an amul ·of tincture of iodine or · other suitable antiseptic. But we find that this requireme.nt is also

BAND!fUA MUKTI MORCHA v. UNION (Bhagwati, J.) . . 143

not observed by·thc mine-Jcssees and stone crusher owners and t4e A workmen are" required to carry on blasting with explosives withont any ·first aid qualification or first aid outfit. We would therefore direct the Central Government as also the State of Haryana to ensure that every workman who is required to carry out blasting with explo- · sives should not only be trained under the Mines Vocational Training· Rules 1966 bur should also hold first aid qualification and he. should B carry a first aid outfit, while on duty, as tequired by Rule 45 ... The Central Government and the State Government wil1 also take steps i· to secure that proper and adequate medical treatment is provided by the mine-lessees and owners of stone crushers to. the :workmen en"iployed by them as also to the members of their families and such medical· assistance should be made ~vailable to the111 without ,any c cost of tanspoi'tat_ion. or otherwise a.nd the cost of medicines pres- cribed by the doctors must be reimbursed to them. Where the workmen or the members of their families meet with any' serious accident involving fracture or possibility of' disability or suffer from any serious illness,· the mine-lessees and owners of stone crushers should be required by the Central Government as also the State D Government to make arrangements for hospitalisation cf such W()rk- men or members of their families.at the"cost of the mine-lessees and/ or owners of stone crushers. We would also direct the Central Government and the Siate of Haryana to ensure that the provisions of the Maternity Benefit Act, 1961, the Maternity ilenifit (Mines and Circus) Rules 1963 and the Mines Creche Rules, 1966, where "E applicable in any particular stone quarries or stone crushers, are given effect to by the mine-lessees and owners of stone crushers. These directions given by us shall also be carr'ed ·out at the earliest without any undue delay and Shri Laxmi. Dhar Misra, while conduc- ting his inquiry, will ascert~in whether these directions have been complied with and the necessary medical· and first aid facilities includ- F ing hosnitalisation have been provided to the workmen and the mein- be~s of iheir families.

We may point out that the above directions in regard to provision of health and welfare facilities have been given by us . onlf with refe- rence to the provisions of the Mines Act 1952 and the Mines Rules G . 1955 which are admittedly applic~ble in the case of stone quarries and stone crushers. We have not given any directions for enforcement. of the provisions of the Contract Labour Act and the Inter-State Migrant Workmen Act because it has yet to be determined whether these two statutes are app!icable in any particular stcne quarry or H stone crusher. It.is also. necessary to point out that· whenever any

144. SUPREME COURT REPORTS [1984] 2 s.c.R.

•A . workman .suffers any injury or· contraets any disease· .in the course of employment, he is entitled to compensation under the Workmens' t' . Compensation Act 1923, · but unfortunately he is very often· not in a position to approach the appropriate court or autho.rity for enforcing his claim to· compensation and even if he files such a claim, it takes a long time before such claim is disposed of by the court or auth<irity. B We would therefore direct that as ·soon as any workman employed . iii a stone quarry or stone crusher receives injury or contracts disease in the course of his employment, the ·concerned mine-lessee ·or stone crnsher owner shall immediately report this fact to the Chief Inspector or Inspecting Officers of the Central Government and/or. the State Government and such Inspecting Officers shall immediately provide. legal assi.stance to the wor~man with a view to enabling him, to file a claim for compensation before the appropriate court or authority and they shall .also ensure that such claim is pursued vigorously and the amount of compensation awarded to the workman is secured to - him. We would like to impress upon the Cotirt'or A~thority before which a claim for compensation is filed by or on bebaif oflhe workman D to dispose of such claim without any undue delay, since delay i~ the awarding of compensation to the workman would only and to his misery and helplessness and would be nothing sort of gross denial of justice to him. The Inspecting Officers of the C.entral Government as also of the State Government will visit each stone quarry or stone crusher at least once in a fortnight and ascertain whether there. is E. any 'workman who is injured or who is suffering from .any disease or illness, and if so, they will immediately take the necessary steps . for the purpose Of providing medical and legal assistance and if they fail to do so, the Central Government and the State Government, as the. case may be, shall take necessary action against the defaulting .Inspecting :officer or Officers. · F. We have given these directions to· the Central Government and th~ State of· Haryana and we expect the Central Goyernment and the State of Haryana' to strictly comply with the.se directions . .. We need not state that if any of these directions is not properly carried out by the Central Government or the St.a.le of Haryana, we shall G take a very serious view of the matter, because we firmly believe that it is no use having social weifare 1~'ws on the statute book if they are not going to be implemented.' We must not be content with the law in books but we must have law · in action. If we want our democracy to be a participatory democracy, it is necessary that law H ·must not only speak justice but mu.st also deliver justice. Before parting with this case, we may point out, and this bas •

BANDHUA MUKTI MORCH A v'. UNION (Bhagwati' J.). 145. .. ,. . com~ to our notice not only through the Report of Dr. Patwardhan A i btit also otherwise, thtt! the magistrates and judicial officers take a· very lenient view of violations of Jabour'laws enacted f01; the benefits of the workmen and Jet ~ff the defaulting. employers with small fines .. There have ;lso boen occasions. where (he n1agistrate and judicial .officers have· scotched prosecutions aild acquitted or discharged the defaultin.g employers on hypertechriica\ities. This happens B largely because the ·magistrates and judicial officers are not 'suffi- ciently sensitised to 'the importance of. observance of Jabour. Jaws with the result that the labour. laws are allowed to be ignored and breached. with utter callousness ·and indifference and the- workmen

-. begin toJ~el ·that the defaulting employers can, by paying a· fine which hardly touches their pocket, escape from the.arm ·of law and the labour laws sup'posedly enacted for their benefit are not meant· 'to be observed bu!are merely decorative appendages intended .to assuage the co11scie.nce ~f the· workmen. we would therefore, strongly impress C.·

upon the magistrates and judicial officers to take a strict view of · viol.ation df Jabour· laws and to. impose abcquate punishment on the erring employers so that they 1nay re.alise that it does ·not pay. to. D commit a breach of' such· laws and to deny the benefit of such laws to tlie workmen. • .·We .accordingly. allow thiS writ petition and issue· the above directions to the Central Govornment and the ·state of Haryana.and :: the. v.arious authorities mentioned in the preceding paragraphs of' E this judgment so. that these poor unfortunate workmen. who lead a miserable existencµ in' snialr hovels, exposed to.. the vagaries of \Veathef, drinking· foul water, breathing' heavily dusl-laden polluted· air and· breaking and blasting· stone all ihcir life. may one day be able fo realise that freedom is n~t only the monopoly of a few b~t belongs • to them all and that they are. a.lso equally .entitlca along with \).thers F t? participate in the ·fruits of freedom and development. These ·direc- tions_ 1Tiay. be .sum1narise~ as follows . . "' • (I) The Govern.men! of Haryana will, without any delay and • at· any rate ,withihn six· weeks from ·today, · constitute Vigilance Committee in each sub-division of a district in· compliance. with. the reuqirements of section 13 of the Bonded Labour System (Abolition) Act. 1976 keeping. iri v}ew the guidelines given by us in this judgtnfnt. ·

(2) The Government of Haryana wili instruct the district magistrates to take up the work of identification .o( bonded

• 146 SUPREME COURT REPbRTS- [1984] 2 S.C.R.

A labour as one of their top priority tasks and to map out areas of concentration of ·bonded labour which_ are mostly to be found in stone .quarries a~d brick kilns and assign task forces for identification and •relea;e of bonded labour and periodically hold labour camps in the_se· areas -with a .• view to educating the labourers inter alia with the assistance B of fhe National Labour Institute.

(3) The State Government as also the Vigilanoe Committees and the ·district magistrates will take the assistance of non- political social action groups and voluntary agenc_ies for ... the purpose of ensuring implementation of the provisions c }- of the Bonded Labour System (Abolition) Act, 1976. ' (4) The Governme~l of Haryana ;,,ill draw up within a period of three ·months from today a ·scheme cir programme-for - rchallilitation of the freed bonded labourers ·in the light of the guidelines set out by the Secretary to. the Govern- D ment of India; "Ministry of Labour in his letter dated 2nd September 1982 and implement'such scheme or programme to· the extent found necessary. •

(5) The Central Government and the Government of Hpiyana will take all necessary steps for the purpose of' ensuring E 'that -minilt\Um wages are paid to the workmen employfd ,l.._ .in the stOiie quarries and stone crushers in accordance with the principles-- laid down in this j~dgment and this ~ direction shall be carried out within the shortest possible . j time so that.within six weeks from today, the workmen ..i start actually receiving i_n their hands a wage not less than the minimum·wage.

(6) If payment 'or wages is made on truck basis, the Central Government will direct the appropriate officer of the Central j:lnforcement Machinery or any other appropriate • authority or officer to 'determine the measurement of each truck as to how many cubic ft._ of_ stone it can contain ai{c] print or inscribe such mrasuren1ent on 1he trui;,::k so that appropriate and adequate wage is received by the workmen for the work done by them and they arc not cheated out of (hejr legitimate wage. H (7) ·The Central Governinent will direct the inspecting officers

• BANDHUA MUKTI MORCHA "' l'NlON (Bhag1rati, ].)_ ;J.47

· of the Central· Enforcernen! Macl1inery or any o!her apprcp- A riate inspecting officers ·to· carry out surpfise checks at least once in a week for the purpose of. ensuring that, '(he trucks are not loaded bcyonfl their true ·measurement capacity. and \f it is found that the trucks are leaded in . excess of the true n1easuren1Cnt ~·apacity, .the inspcctirg officers carrying out such checks will immediately bring n this t'act to the notice of the appropriate authorities and necessary action shall 'b~ initialed against the dcfaullirg mine owners at1d/or thekedars or jrin1adars. -j ,• ,;· .

-f .· (8) · The Centi-al Government and. the Government of Haryana

- ' - ~ ;viii ensure that pay~1eP.t of '}'fges is ~ade di~ictly to the \Vorkmen by the n1inc lessee$ and st_0ne cru~her .oviners or at any rate in the presence of a rc.presentative tnine 1essescs or. st~ne crush-er owners and . the-. inspecting officers of the Central Government as also of ihe Govern- ·of the c

ment of Haryana shall carry out pericdic checks in crdcr to ensure that the payment of the ,stipulated wage is inade D to the workn1en.

(9) The Cenlrnl Board of Workers Education wili organise p~ricdic can1ps nca1' the sites. of ~cne qUariics rind stcnc crushers 'in Faridabad' district for the purpose of educatirg the \Vorkn1en· in the rights and benefits ·conferred upon F thern by social welfare and labour laws and .!he progress made shall be reported to this Cotirt by the Central Board

... of Workers EducatiOn at lcn~t once in thtec n1cnths .

(10). The Central Government ard the Government of Haryana \vill im1nediat.ely take st~ps for the purpcse of ensuring f that the· stone ·cruShcr O\vners d9 not coiitinue to foul . the air and they adopt either of two . devices, namely,, keeping a drum of \Yater abllve the stone crushing n1achiJ?.e / with. arrangement for co11tinuous spraying cf water ·upon it or installation of dust su~king n1achine and a con1pliance •• report in regard to this -(,irection shall be ·made to .this Court on or before 281'11 February, 1984. · ·

( 11) The Central Governn1cnt and· the Governn1cnt of Haryana , \~ill imm,ediately ensur~ t~1t the n1ine lessees and sto~e­ 1

cruShcr owi1ers start .supplyi-ng pu-re drinkin-g water to .H the Wurkmen on a scale Of at least 2 litres for ·every· wcrk- -·

• 148 SUPREME COURT REP0RTS . [1984] 2 S.C.R.

A . man 'by keeping s~itable. vessels in a shad~d place at conveniently accessible· points and such ·vessels shall be .. kept in clean a.nd hygieniC condition and shali be emptied, · deaned·. and reflJled every day and the appropriate auth.o~ • rities of the Centr~l Government' and' (he· Government of Haryana will supervise strictly the enforcement of. this B direction and initiate necessary action if there is any default. ..

(12) The Central Governmertt.•and the Government of Haryan~ will ensure that minimi1m wage is paid to the w~men and/or childr~n who look after the vessels in whicb pure drinking c ~ . . water ts kept for the workmen. ' '

. . (13) ·The Central Government and the Government· of Haryana · will· immediately· direct the· mine. lessees and stone crusher owners 10 start obtaining drinking water ·from any iippolluted s~urce or sources of supply and to trans- )- D port it by tankers to the work site with sufficient' frequency '. so as to be able to keep the vessels filled up for s'upply of clean 'drinking water to the workmen· and the Chief Admi- nistrator; Faridabad Complex. will set up tlie points from' .where the min'e lessees and stone crusher owners can, if . necessary, obtain supply of potable water for being carried ··E ~· by tankers. • 04) The Central Government and the State· Government will ensure that conservancy facilities ·in the shape of latrines -j and urinal,s in accordance with the provision~ .contained ( ...... in ~ection.20 ·of the M;nes Act, 1950 and Rules 33 to 36 ·F of the Mines Rules 1955 are provided at-the latest by 15th February 1984., · . ..,. '. . (15) The Central Government and the State Government w,ill take steps to immediately ensure that appropriate and adequaie medical and.first aid' facilities as required by section G 21 <if the Miries Act 1952 and Rules 40 to 45A of the Mines R\lles 1955 are provided to the workmen not later than 31st January 1984.

..• [16) The. Central Government and 'the Government of Haryana H will ensure th11t every workmen who is required· to carry 1,rnt blasting with explosives is- not only trained under the

.. . BANDHUA MUKTI MORCHA v. UNIOW(Bhagwati, J.) . 149 ·'

" Mines Vocational Training Rules 1966' but. also holds A . . . ·first aid qualification and carries' a first aid outfit while on d~ty as required by Rule 45 of the Mines Ru)es 1955. . •, •

(i '() The Central Government and the State Government will immediately take steps to ensure that properand. adequate . medical treatment. is· pro,ided 'by the mine lessees and · B owners of stone er.ushers to the ·~ork~en employed by .them as also ·to the membe.rs of their families free of cost and such medical assistance s)lall be made available to them without any· .cost of transpo~tation or otherwise· a'nd the . ·.doctor's fees as' also the cost of medicines "prescribed by the doctors inducting. hospitalisation· charges, if any;. shall ll,lso c be reimbursed. to them. ,, (18) The Central Government and. the State Government wili ensure that the provisi~ns o.f the Maternity :Benefit Act · 1961, the Maternity. Benefit (Mines and Circus) Rules· 1963 and the Mines Creche Rules 1966 where applicable .D :iii anY particular stone ..qu~1Ty qr stone crush.er. are given ... effect to by .the mine le.ssees aiid_ stone _crusher owners .. ~- (19) As so~n as any workman .emp!Qyed in a stone quarry or sto~e crusher receives injury or" contracts disease in. the E course of his employment, the concerned mine lessee or \- ·stone ·crusher owner shall immediately .·,report this fact .... . to the Chief Inspector or Inspecting Ot)J.cers of the Central . . Governmt;11t and/or the State Government and such Inspec-. · . ting Officers shall immediately provide". legal assistance · to the workman with a view to enabling him to file a claim • -·. • for compensation before the appropriate court or authority and they shall also ensure that s.uch claim ·is pursued F

.vigorously and the amount of compensation awarded to. the workman is secured to .him. . .

(20) The Inspecting Officers. of the Central Government as also of the State Government will visit each stone quarry or stone crusher at least once ·in, .a fortnight and ascertain whether there is any workman ·.who is injured or who i! suffering from any disease 6r illness, and if so, they will ~ immediately take the necessary steps· for ·the -pqrpose of providing medical and legal assistance ..

.. 150 . SUPREME COURT REPORTS [1984) 2S.C.R·

A .(21) _lf the Central -Government and the Go_vernment of Haryana • fail to ensure performance of any of. the obligations. set out in clauses 11, 13, 14 and 15 by the m?ne lessees and stone crusher owners within the period specified ·in those respective clauses, such obligation or obligations to the ~~tent to which they· are not performed shall be. carried B out by the Central Governme~t and the Government of Haryana. · . ' . . · · ' · · • We. also appoint" Shri. Laxmi Dhar Misra, Joint Secretary w1 the Ministry of Labour, Government of India as a. (,;ommission"er for the _purpose ~f carrying out the following assignment . c (a) He will visit the stone ql\arries and ·stone crushers in. Farida- bad district and ascertain by enquiring from the labourers in each stone quarry Or stone crusher. in the lnanner set Out · by us whether any of them are being forced to provide laoour and are bonded Jabourers and he will prepare in· respect of each stone quarry or stone crusher a statement D showing the names and particulars of those who, according fo the inquiry made by him, are bonded labourers and he will also ascertain from them whether they want to continue· . to wo;k in the stone quarry or storre crusher or they want to _go away a·nd if he 'finds that they want to go away, he \ will furnish particulars in regard to them to. the District E ·Magistrate, Fari_dabad and .the District Magistrate will, on receipt of the particulars from Shri Laxmi Dhar. Misra, make necessary arrangements for releasing them and -1 provide for their ,transpora ti on back. t? their homes and ' for this' purpose' the State Government will make the requisite funds available to the Dist1'ict Magistrate .. F . (b) He wilf also enquire from" the mine lessees. and owners of stone er.ushers as also from the thekedars and jamadars whether there are any advances made by them to the labourers working in the' stone. quarries or' stone crushers and if so, whether there is any documentary evidence in G support of the same anq he will also ascertain what, accor- ding to th.e mine lessees and owners of stone crushers .or the Jamadar or Thekedar, are the amounts of loans still: remaining outstanding against such labourers.

H (c) · He will also -ascertain by carrying ~ut sample check whether the worlcmen ·employed_ in any particular stone qu_arry

BANDHUA MUKTI MORCHA V, UNION (Bhagwati, J,) 151

or stone crusher are actually in receipt of wage not less than the minin\um wage and whether the directions given in tl_iis order in. regard ·to computation and payment of minimum wage are being implemented by ·the authorities,

(d) He will conduct. an ·inquiry in each of the stone quarries· and stone·cr.ushers in faridabad District for th_c purpose of ascertaining whether there are any contract labourers or inter-State migrant workmen in any ·of these stone. quarries or stone c;ushers and i( he finds as a ·result of his inquiry that the Contract Labour Act and/or the Jnter- Staie. Migrant .Workmen Act is applicable, he will make a repcirt· to that effect to the Court. c , (c) He will ascertain whether lhe· direcUons given by us in !his judgme;1t r~gajding effective arrangement for supply ..\c, of pure drinking water have been carried out by the mine , lessees and stone crusher owners and pure .drinking water has been made available to the workmen in accordance D with those, directions.

(f) ·He will also ascertain whether the m'ne lessees and owners of stone crushers in each of the stone quarries and stone • crushers visited by ,him have.complied with the directions given by. us in. this Judgn1Cnt regarding provision of con-· servancy facilities .

(g) . He will. also ascertain whetl)er the directio1is given by us in this judgment in regard to provision of first aid facilities and proper and adequate medical treatment including hospitalisation to the workmen and the· members of their F families are bein& carried out by the mine lessees and stone crusher ownocs and' the necessary first aid facilities and . proper and adequate medical services including hospitalisa- tion are provided to the· workmen and the members of their families. G (h) He will also enquire whether the various other directions· given by us in this judgment have been and are being carried out by the mine lessees and sto~e crusher owners.

Shri Laxmi Dhar Misra will carry out this assignment entrusted H • to him and niakc his report to the Court on or before 28th F~bruary

'. • .. 152 SUPREME COURT REPORiS (1984] 2 s.c.R.

. A 1984. It w,ill be open to Shri Laxmi Dhar Misra to take.the assis-.. lance of such other. person or persons as .he· thinks fit including officers . or employtes in the Ministry of Labour ~r in the Mini;try of Mines, who may be made available by. the higher authorities. ·If Shri Laxrrii . Dhar Misra· finds it necessary,· he may request the Court to extend the time for submitting his report by addfessing a letter to the Registry B . of the Court.' The State of Ilaryana will deposit a sum of Rs. 5000 within two weeks from. today for the purpose 'of meetipg the costs and out. o( p9cket expenses ofShri Laxmi Dhar Misra ..· . . .·\-

·We have no doubt that if these directions given by us are honestly ·and s.incerely' carried out, it wi)r be. possible to 'improve the ·life con- .,__._. c uitions of these workmen and ensure social ~ustice t~ them so that I .... they may be able to brcathe.:th.e fresh air of socia·I and economic freedom. The Central Goveniment and the St.ate of:Haryana w;ll pay to the petitioner's advocate a sum of Rs .. 5000 by way of i::osts. We are grateful to Mr.. Govind Mukhoty. for renderin'g valuable ,.;.. assistanc;e to -us jn this case·. D PATBAK, J. I have. read· the judgmei1ts prepared by my brothers Bhagwati and A.N. Sen, and while I agree with. the directions pro- posed by my brother ·Bhagwati I think it proper, bec::ause of ·the importance of. the questions. which arise in . such matters, to set forth

:E • Public interest litigation in its present fer; constitutes a new ( ·chapter in our judicial· system. It has acquired a ·significant degree of ilnportanc;e in the jurisprudence· practised by our courts and has· -j " evoked a lively, if somewhat ~o.ntroversial, response 'in. legal circles, ,in the media and among the general 'p·ublic. Jn tlie United States, F · .it is the name "giyen to efforts to provjde legal representation .to ' .·groups and interests that have been.unrepresented or tinder-represented •.. in the legal proces; .. These include not only \he poor a.nd the dis- . advantaged but>. ordinary citizens who, because' they cannot afford . lawyers to represent them, have Jacked access to courts, admini.stra'tive agencies and other legal forums in which basic policy decisions affec· ·- ' G ting tJ;leir it~terests are inad~"~{l) _ ]n our owfl.c.ount:ry, this rtew C]?SS of litigation is justified by its protagonists on the basis generally of .vast areas in our population .. of illiteracy and poverty, of social arid economic. backwardness, and of an insufficieni awareness and·apprecia· ,.

H 1. Mitcbell"RogoVin: Pub1iC Interest i.aw~ ·. . The Next_ Horizon, ·Anierican ~r- Ass(;>ci?tion )ournal. )§77 p. 334: •

. .. BANDHUA MIJKTI MORCH,;. l'. UNION (Pathak, 1,) 153 . .

· - tion of individual and collective rights. The~e . handkaps l1avc denied millions of our countrymen access to justice. Public interest litigation is said to possess the potential of providing such access in the n1ilieu . of a new ethos, in which participating sectors in the administration of justice l'O-operate in th.e creation of a system. which promises legal relief without cumberspmc formality ~nd h~avy expenditure·. In the result, the legal organisation has taken on a radically new dimension and correspondingly new'. perspectives are ·opening up before · judges' and.lawyers .and State Law agencies in the tasks before them. ,·• A crus~ding zeal is abroad; viewing the. present as an opportunity . to awaken the political and legal order to the objectives' of social

--* ... ' justice projected in our constitutional ·system. New slogans fill the. air, and, new phrases have entered the legal dictionary, and we hear of the "justicing system" being galvanised into supplying'justcie . . ·~ . to the .sodo-economic disadvantaged. These urges ~re responsible for the birth of new judicial concepts and the expan~ing ho1·izon of juridical power. They claim to :represent an increasing emphasis ' . on social welfare and a, progressive humanitarian.ism, " · D 011 the othet side, tbe attempts of the judge ·and the lawyer are ·'watched with sceptical concern by th 0 se who see .interference . by the courts .in public interest litigation as a series of quixotic forays in a world of unyieldibg and harsh reality, whose suceess in the face' of. opposition bolstered by the inertia and aP.athy of C:enturies is bourid to be· limited .in impact ~~d ,brief in. duration. They .see judicial E · endeavour frustrated by the immobility of public concern and a · traditio.nal resistance to change, and believethat the temporary success ... gained is.doomed·fo 'waste away as a mere ·ripple in the vastness of a . giant . slow-moving society. Even the optimistic sense danger to the credibility and legitimacy ~f the eidsting judicial system, a feeling'· contributed no doubt by the apprehension that the region into which the judiciary has ventured appears barren; uncharted and unpredic- \able, with few guiding posts and direction finding principles, ancl .. F they fear that a traditonally pro~en legeal structure may yield te> the .. anarchy of purely.emotional impulse, · To Jhe mind trained in the · ·certainW of t,be ·law, of defined principles, of binding precedent, , and the common law doctrine of Stare decisis. the future is fraught· G with confusion and disord.er in the "legal world and severe strains in the constitutional system.·- Atthe lowest, there is an uneas:; doubt about where we are going. · ·

, Amidst' this welter of agitated controversy, I tj1in)<'it appropriate H • t~s,yt .down a fe~ considerations which seem to me relevant if public

•• •• 154 SUPREME COURT REPORTS [1984] 2 s.c.R.'

A interest litigation is to c~mmand bwad acceptance. The history ·of human experience shows that when a revolution in ideas and in action enters the life of a nation, the nascent power so released possesses · the potential nf throwing the preva%1g social order int-0 disarray. In a. changing .society•. wisdom dictates that reform should emerge in the existing polity as an ordered change rroduced through its B . institutio.ns. Moreover, the pace of change .needs to be handled· " with care lest the i~1stitutions themselves be·. endangered.

In his Law in the Modern State, Leon Duguit observed : "Any .. system of publ.ic law can be vital only so far as it is based on a given sanction. to the following ruies :· First, the holders of power cannot c . do certain things; second, there are certain things they must do.''''' ·Traditional .. legal remedies have been preoccupied largely with the '.first rule. It is recently that the second has begun. substantially to engage !>lie functional attention of the ·judicial ,administration. In the UQited States, the Warren Court achieved a remarkable degree . of success in decreeing affirmative ac\ion ·programmes for the benefit o· of minorities and· other socially or . economically disadvantaged interests through the avenues of ·public law .. In India, we are now beginnfog to apply a similar concept of con.stitutional duty.

U util the arrival of public interesf litig~iion; civil litigation was patterned exclusively on the ·traditional model. The traditional E conception of adjudication beiieves a suit to be a n1eans for settling· disputes between private parties concerning their private rights. In .the usual form, the suit is an organised proceeding between two individual corltestants. .It deals with a definite framework of facts requiring identification through porincip!es codified by statute and oit the basis of which the right-obligation relations between the parties F .are determined, culminating in the grant or denial of relief by the , Court. It 'is a· proceeding confined ·to the parties, on whose volition depends the fact mateiial- brought o~ the record, witli the judge sitting , over the coritest as a mere passive neutral umpire. Judicial initiative has no significant role.

G The rigid character of civil litigation conceived as a contests between two individual .parties representil)g .their personal interests has b~en allowed to ·expand into a - representative. proceeding · Where a person can, with the permission. of the Court, represent other; also having the same inierest although not named in the .H (!) .. p. 26 .

BANDHUA MUKTI MORCHA v. UNION (Pathak, J.) 155

suit. And the disability, temporary or permanent, of a person A whose legal right is violated, enables another to represent hi? interes.t in a judicial proceeding .. They are cases· \Vhere 11ext friei1d.s. are .permitted by the Court to act for minors and persons of unsound mind, where a person may petition .. for. the release" .of an. illegally detained individual, and where a minority shareholder, complaining of an ultra vires tra:nsaction by the ·111anagement of a company, cqn- B sue in the name of the company. Tntervenors are allowed to J part1c1patc in a proceeding . involving the decision of legal question; affecting their interests. A rate payer of ~ local authority has ·been held entitled to challenge its• illegal action. A person conferred by statute the right to participate in' the' decision-making process of a statutory authority is entitled to seek relief against such decision .. In S.P. Gupta v. Union of India, ni this Court has laid down that it; j~risdiction ca"n be invoked by a third party in the case of violation of the constitutional rights of another person or determinate class of persons who, by reason of poverty, helplessness, disability or social or.economic disadvantage is unable to move the Court personally for relief. The Court observed further that wl1ete the public injury was suffered by an indeterminate clas; of persons from the breach of a public duty or from the violation of a CQnstitutional provision of the law, any member of the public ha·vi~g · ), - sufficient interest can maintain an actioll for judicial redress for such • public injury. The principle was qualified by the ·reservation that such petitioner should act bona fide a'nd not .for personal gain or private profit, nor be moved by political or other oblique motivation. The doctrine of standing has thus been· enlarged in this· country to provide, where reasonably possible, access. to justice to large sections of people for whom ' of so far it. had been a . matter despair.

• It ii time indeed for the law to do · so. In large measure: the F • traditional concepiion of adjudication represented the socio-economic vision prevailing at the turn of the century. The expansion of go- vermental ·activity into .the life of individuals through programmes of social welfare and. development had not yet been foreshadowed. An environment permeated by the. doctrine of laissez faire shaped the development of legal jurisprudence. But soon, progressive social G ''and economic forces.began to grow stronger and influence the minds of people, and governments,· in response to the pressures of egali- tarian and socialist-oriented urges, began to enter increasingly upon. socio-economic programmes. in which legislation and. the courts

(1). [1983] 2 S.C.R. 365. a ".

156 ' SUPREME COURT REPORTS [1984] 2 S.C.R.

A constituted the prin9ipal instrum~nts· of change. The movement accelerat~d with the close .of the Second World War, and· a character of human rights was written into the political consiilution~ adopted by most .nations emerging from colonial rule· even as, on another •;: plane, it altered our basic conception df international law. ·In India, as .the consciousness of social justice. spread though ou~ multi.-layered B .social order, the courts ·began to co.me under increasing pressure . fro111 social· action groups petitioning dn behalf of the underprivileged. and ·deprived sections of society for the fuffilment of their aspiTat.ions. \ It is not ·necessary to detail the number of cases. of public interest . litigation which• have entered this Court It is sufficient to point

·c , out ihat, despite the varying fortune of those .case.s, public interest litigation constitutes today ·. a significant segment ofthe Cowl's

.In the 'debate 'befor~ us, questions ~·

of . ' docket.

substantial importance. - · Jiave been raised tiy learned counsel, questions which go to· the pro: cedur.e adopted by the Court arid the: manner of the exercise of its .Y

constitutional powers. " D. ' of the Co~rt under Article This 'petition invokes t.he jurisdiction . 32 ,,of the Constitution, which con.fers ·the ·guaranteed right to move this Gourt by appropriate· proceedings for the enforcement of fun~a, meri~al.rights .. The right excrcisei is a right to.a.constitutional remedy and the jurisdiction invoked is a constitutional jurisdiction. Bearing . .. _ _

E this ii{ mind.' we mus~ also take ·into account that the provisions of Article 32 do not Jpecifically indicate who can move the .Court. . In the absence <if a confining provision· in that respect. It is plain that a petitioner may be anyone in whom ihe law recognis.es a standing to maintain.an action of such nature.

F As regards the. form of the proceeding and its char~cter, Artide ~ 32 speaks generally of'a· "appropriate proceedings". It should be. a · proceeding which can appropriately lead to· an adjudication of the. claim made for the enforcement of a fundamental right and ca1i result i.n tlie grant of effectiv~ relief. Article 32 spea)<s of the Court's power1 ''to' iss.ue dir~cfi.ons ,(or orders. or' \vrits", and' the specific ..C'efere'nce •G to "writs in the natµre ·of habeas corpus, mandamus, prohibition, ·quo warranto and certiorari"' is by way of illustration only.. They do !lot exhaust the content of the Court's power under Article 32. y . .Entering notinto a more contro\ersial area, it is. appropriate to. consider the nature of the procedure which the court may adopt under Article . ... ,I 32 of. the Constitution. . . So far.as "1e traditional . private

BANDHUA MUKTI MORCHA v: UNfON (Paihak; J.) 157

_faw. is concerned,. the proced;1re follows. the a~cept!'d pattern and · A traditional forms associated with it. ·There can be little dispute ·there: D.oes · public int~rest litigation call .for somewhat different considerations ? ·Before dealing with this aspect, however, it is neciissary to touth on two fundam.ental matters.

First, as to the petition, practi~e has grown in the .public of iiivoking the jurisdiction of this Court· by a simple letter com- plaining of a· IegaL injury to the author or 'to some other person or group of persons, and the Court has treafed such letter as a petition under Article 32 and ~ntertained the proceeding without anything more.· It is only comparatiy-ely recently. that the Court ·has begun · • to call for the fl.ling of a regular petition on the letter. I see grave danger inherent in a practice where a mere Jetter is-entertained as a · petWon from a person. whose antecedents and status ·are unknown· or so. ~ncertain that no sense of responsibility can, without anvthiag_ more; be_ attributed to the 'communication:, There is good reason · for the insistence on a document being set out in a form, or accom- panied by 6vidence, inflicating that the allegations made in. it 'are D . made with a'sense of ,responsibility by a person who l1as taken'd.ue care and caution to verify those .allegations before making them. a A plaint instituting suit is required by the Code_ of Civil Procedure to conclude .with a ·clause. verifying the. pleadings contained in it. A petition or application tiled in court is required to oe supported on. affidavit. These safeguards are necessary becatise the document, E a plaint or petitio,n or application, commences a course of litigation . involving the expenditure of public time and public m'oney, besides

- in appropriate cases involving tlie issue of summons'or notice to the defendant or respondent to appear and contest the 'proceeding. Men -are busy conducting' the affairs of their daily lives, and no one occupied with the responsibilities ~nd. pressures o(pr~sent day existence we!- comesbeing summoried to a law couri 'and involved in a Jigitation. F

A document . making allegations ,without any proof whatever of responsibility cari conceivably constitute "an abuse of the process of law. There is good ·reason, I think, for maintain_ing the rule that,~ except in special circumstances, the document petitioning the court for relief should be supported by satisfactory verifi.cation. This G .requirement is all the greater .where petitions are· received by the Court througl\ the post. It is never beyond the bound of pos~ibility that an unverified com·mu.nication received thro.ugh the post by the · court may in fact have been employed mala fide, as an inst~ument . of coercion or blackmail or other oblique motive against a person , . H ilamed therein ,who holds .a posWon of honour and respect in ·society.

A 158 SUPREME COURT REPORJS [19R4] 2 s.c.R.'

The Court _inust be ever .vigil.ant ag.ainst the abuse of it~ process. ]t .. cUnn,ot do th~t better \n 'this ma~tcr t1;an insisting at the earliest ~tage·, and before issuing notice to ,the respondent, that an appropriate verification of. the allegations be supplied. ·The requiren1ent is i1nperativc in private law litigation. · Having reg_afd to_ its nature an. .d purpose, it is equally attracted ·ta public interest litigation. While B this Court has readily acted upon lette\S and telegrams in the: past, ther~ is ne_cd to insist no\V on an ·appropriate·verificatinn of the petition or other comniunieation before acting on it As .r flf!Ve. observed earlier, there may· be ex!eption:i\ circumstances which may .justify ,. a W<1iver of the rule. For example, when the habeas corpus juri,dic- tion of the Court is invoked. For in all .cases of illegal detention. c there is no doubt that the Court musl. act with speeo ai1d readiness. Or. when the a1ithorShip of the comrllu~ication is so inJpecable and unquestionable that the authority of its c011tcnts. may reasonably be accepted priina facie un~il rebutted. lt \viil always be.·a _1}1atter for the Court to decide, on what p':tition will. it require verification and when will it \Vaivc the ru 1e. D . Besidps this, there is another matter which, alth•ough on tlie surface'.appears to .tie of merely technical significance, inerits more tl1~n passing attenti 0 n. I think the time has .come to state clearly that. all communications and po\itions invoking_ the jurisdiction of the- Court ni.ust be addressed. to the entire Court, that js to ?ay, the .E Chief Justice and his con1panion Judges. No such .con11nunication ,;\ or petition can prop.eriy be addrcsS·ed to a particuJaT Judge. When the jurisdiction of 'the Court is invoked, it is the .jurisdiction of the

F. ci1tire co•1rt. Which Judge or Judges will hear the case is exclusively a in1tt~r conc0rnin_g th~ internal -regulati:.Jn of the bu;iness of the Court. interference with w]1ich by a litigant or member of the public c0astitutes the grossest impropriety. Ii is well established that when a division of the Court hears and decides cases it is in law regarded -+ (