TMI Blog1983 (12) TMI 327X X X X Extracts X X X X X X X X Extracts X X X X ..... s of the social ladder or economically impoverished segments of society as dirt and chattel. This system under which one person can be bonded to provide labour to another for years and years until an alleged debt is supposed to be wiped out which never seems to happen during the life time of the bonded labourer, is totally incompatible with the new egalitarian socio-economic order which we have promised to build and it is not only an affront to basic human dignity but also constitutes gross and revolting violation of constitutional values. The appalling conditions in which bonded labourers live, not as humans but as serfs, recall to the mind the following lines from Man with the Hoe which almost seem to have been written with reference to this neglected and forlorn species of Indian humanity : Bowed by the weight of centuries he leans Upon his hoe and gazes on the ground The emptiness of ages on his face, And on his back the burden of the world, 2. They are non-beings, exiles of civilisation, living a life worst than that of animals, for the animals are at least free to roam about as they like and they can plunder or grab food whenever they are hungry but these out castes o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Tamilnadu and Kerala and the Report of the National Seminar on Identification and Rehabilitation of Bonded Labour held from 7th to 9th February, 1983 that the pernicious practice of bonded labour has not yet been totally eradicated from the national scene and that it continues to disfigure the social and economic life of the country at certain places. There are still a number of bonded labourers in various parts of the country and significantly, as pointed out in the Report of the National Seminar on Identification and Rehabilitation of Bonded Labour a large number of them belong to Scheduled Castes and Scheduled Tribes account for the next largest number while the few who are not from Scheduled Castes or Scheduled Tribes are generally landless agricultural labourers. It is absolutely essential we would unhesitatingly declare that it is a constitutional imperative-that the bonded labourers must be identified and released from the shackles of bondage so that they can assimilate themselves in the main stream of civilised human society and realise the dignity, beauty and worth of human existence. The process of identification and release of bonded labourers is a process of discov ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ing and rehabilitating bonded labourers despite pressures and pulls from different quarters, much can be done for securing emancipation and rehabilitation of bonded labourers. The District Administration of Ranga Reddy District could in less than six months release over 3000 bonded labourers from the clutches of contractors in stone quarries in Ranga Reddy District and send them back to their homes with tickets and pocket expenses. It is therefore essential that whichever be the State Government it should, where there is bonded labour, admit the existence of such bonded labour and make all possible efforts to eradicate it. By doing so, it will not only be performing a humanitarian function but also discharging a constitutional obligation and strengthening the foundations of participatory democracy in the country. 5. We also find that in some cases the State Governments in order to shirk their obligation, take shelter under the plea that there may be some forced labour in their State but that is not bonded labour. We shall have occasion to deal with this plea a little later when we refer to the definition of 'bonded labour' given in the Bonded Labour System (Abolition) Ac ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... urers from Lalitpur in U.P. The petitioner also annexed to its letter, statements in original bearing the thumb marks or signatures as the case may be of these bonded labourers referred to in the letter. The petitioner pointed out in the letter that the labourers working in these stone quarries were living under the most inhuman conditions and their pitiable lot was described by the petitioner in the following words : Besides these cases of bonded labour, there are in-numerable cases of fatal and serious injuries caused due to accidents while working in the mines, while dynamiting the rocks or while crushing the stones. The stone-dust pollution near the stone crushers is so various that many a valuable lives are lost due to tuberculosis while others are reduced to mere skeletons because of T.B. and other diseases. The workers are not provided with any medical care, what to speak of compensating the poor worker for injury or for death. No cases are registered against the mine owners or the lessees for violation of safety rules under Mines Act. We are enclosing herewith the statements of about 75 workers who have suffered or are suffering continuously due to non-implementation of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... orking in these stone quarries and also to inquire about the conditions in which they are working. M/s. Ashok Srivastava and Ashok Panda were directed to visit these stone quarries on 27th and 28th February 1982 and to make a report to this Court on or before 2nd March 1982. Pursuant to this order made by us, M/s. Ashok Srivastava and Ashok Panda visited the stone quarries of S.L. Shrma in Godhokhor and Lakkarpur and carried out the assignment entrusted to them and submitted a report to this Court on 2nd March 1982. The Report pointed out inter alia that in the stone quarries of S.L. Sharma at Godhakhpur, many stone crushing machines were operating with the result that the whole atmosphere was full of dust and it was difficult even to breathe . The report then referred to the statements of various workers interviewed by M/s. Ashok Srivastava and Ashok Panda and according to the statements given by some of them, namely, Lalu Ram, Dalla Ram, Thakur Lal, Budh Ram, Harda, Mahadev, Smt. Shibban, Hardev, Anam, Punnu, Ghanshyam, Randhir and Mute, they were not allowed to leave the stone quarries and were providing forced labour and they did not have even pure water to drink but wire comp ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Medh Bahadur son of Aspteir (8) Jiddey Bahadur son of Nunbahadur (9) Phool Bahadur son of Ram Bahadur (10) Heera Bahadur son of Balbahadur (11) Veer Bahadur son of Chhalvir (12) Nam Singh son of Lal Bahadur (13) Lal Bahadur son of Gang Bahadur (14) Ganesh son of Gang Pahrdur (15) Amber Bahadur son of Sadhu Bahadur (16) Hira Lal son of Atbahadur (17) Kamar Bahadur (18) Jagadh Bahadur son of Top Bahadur (19) Gajender Bahadur son of Shyam Lal (20) Ganga Ram son of Lal Bahadur (21) Nar Bahadur and (22) Sant Bahadur son of Bhag Bahadur. 9. So far as the workers working in Lakkarpur stone quarries were concerned, the report of M/s. Ashok Srivastava and Ashok Panda stated that out of about 250 persons living in straw jhuggies, 100 persons hailed from Bilaspur while 150 persons belonged to Allahabad and according to the report, 100 persons coming from Bilaspur stated that they were forcibly kept by the contractor and they were not allowed to move out of their place and they were bonded labourers. M/s. Ashok Srivastava and Ashok Panda described in the Report the pitiable condition in which these workers were living in straw jhuggies without any protection against sun and rain and with dr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... contrary to the provisions of law and the basic human norms. The Court can take action only after the socio-legal investigation is carried out by some responsible person and a copy of the report of the socio-legal investigation is made available to the parties. We would, therefore, request Dr. Patwardhan of I.I.T. to be good enough to carry out a socio-legal investigation into the aforesaid matters in the quarries in Faridabad District a list of which will be supplied by Mr. Mukhoty on behalf of the petitioners to Dr. Patwardhan within ten days from today after giving a copy to Mr. K.G. Bhagat, learned Counsel appearing for the State of Haryana. Dr. Patwardhan is requested to carry out socio-legal investigation with a view to putting forward a scheme for improving the living conditions for the workers working in the stone quarries and after the scheme is submitted to us we propose to hear the parties on the scheme with a view to evolving a final scheme with the assistance of the State of Haryana for the purpose of economic regeneration of these workmen. The Court permitted Dr. Patwardhan to take the assistance of any person other than the parties to the writ petition in order to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ut this massive assignment so efficiently and in such a short time. Dr. Patwardhan has submitted a statement of the expenses incurred by him in carrying out this socio-legal investigation and this statement shows that he has incurred a total expense of ₹ 2078 which after withdrawal of the amount of ₹ 1500 deposited by the State of Haryana, leaves a balance of ₹ 578 to be reimbursed to Dr. Patwardhan. We are of the view that Dr. Patwardhan should also be paid a small honorarium of ₹ 1000. We would therefore direct the State of Haryana to deposit a sum of ₹ 1578 with the Registry of this Court within 4 weeks from today with liberty to Dr. Patwardhan to withdraw the same. 12. Though it was stated by Shri K.G. Bhagat on behalf of the State of Haryana that the State Government will take necessary measures for providing drinking facilities to the workmen in the stone quarries referred to in the writ petition and in the report of M/s. Ashok Srivastava and Ashok Panda, it appears that either no such measures were taken on behalf of the State Government or even if they were taken, they were short lived. The result was that the workmen working in most of thes ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... iry by the court, so that if it is found that there are in fact bonded labourers or even if the workers are not bonded in the strict sense of the term as defined in the Bonded Labour System (Abolition) Act 1976 but they are made to provide forced labour or are consigned to a life of utter deprivation and degradation, such a situation can be set right by the State Government. Even if the State Government is on its own inquiry satisfied that the workmen are not bonded and are not compelled to provide forced labour and are living and working in decent conditions with all the basic necessities of life provided to them, the State Government should not baulk an inquiry by the court when a complaint is brought by a citizen, but it should be anxious to satisfy the court and through the court, the people of the country, that it is discharging its constitutional obligation fairly and adequately and the workmen are being ensured social and economic justice. We have on more occasions thin one said that public interest litigation is not in the nature of adversary litigation but it is a challenge and an opportunity to the government and its officers to make basic human rights meaningful to the d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... least, therefore, it must include protection of the health and strength of workers men and women, and of the tender age of children against abuse, opportunities and facilities for children to develop in a healthy manner and in conditions of freedom and dignity, educational facilities, just and humane conditions of work and maternity relief. These are the minimum requirements which must exist in order to enable a person to live with human dignity and no State neither the Central Government nor any State Government-has the right to take any action which will deprive a person of the enjoyment of these basic essentials. Since the Directive Principles of State Policy contained in Clauses (e) and (f) of Article 39, Article 41 and 42 are not enforceable in a court of law, it may not be possible to compel the State through the judicial process to make provision by statutory enactment or executive fiat for ensuring these basic essentials which go to make up a life of human dignity but where legislation is already enacted by the State providing these basic requirements to the workmen and thus investing their right to live with basic human dignity, with concrete reality and content, the St ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... amination. The learned Additional Solicitor General as also Mr. Phadke relied on Order XLVI of the Supreme Court Rules 1966 which, as its heading shows, deals with commissions and contended that since the commissions issued by the court in the present case did not fall within the terms of any of the provisions of Order XLVI, they were outside the scope of the power of the court and the court was not entitled to place any reliance on their reports for the purpose of adjudicating the issues arising in the writ petition. This argument, plausible though it may seem at first sight, is in our opinion not well founded and must be rejected. It is based upon a total misconception of the true nature of a proceeding under Article 32 of the Constitution. Article 32 is so frequently used by lawyers and judges for enforcement of fundamental rights without any preliminary objection against its invocation being raised on behalf of the State, that we have rarely any occasion to examine its language and consider how large is the width and amplitude of its dimension and range. We are so much accustomed to the concepts of Anglo-Saxon jurisprudence which require every legal proceeding including a proce ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... by this Part. 16. While interpreting Article 32, it must be borne in mind that our approach must be guided not by any verbal or formalistic canons of construction but by the paramount object and purpose for which this Article has been enacted as a Fundamental Right in the Constitution and its interpretation must receive illumination from the trinity of provisions which permeate and energise the entire Constitution namely, the Preamble, the Fundamental Rights and the Directive Principles of State Policy. Clause (1) of Article 32 confers the right to move the Supreme Court for enforcement of any of the fundamental rights, but it does not say as to who shall have this right to move the Supreme Court nor does it say by what proceedings the Supreme Court may be so moved. There is no limitation in the words of Clause (1) of Article 32 that the fundamental right which is sought to be enforced by moving the Supreme Court should be one belonging to the person who moves the Supreme Court nor does it say that the Supreme Court should be moved only by a particular kind of proceeding. It is clear on the plain language of Clause (1) of Article 32 that whenever there is a violation of a funda ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... uld become self-defeating because it would place enforcement of fundamental rights beyond the reach of the common man and the entire remedy for enforcement of fundamental rights which the Constitution makers regarded as so precious and invaluable that they elevated it to the status of a fundamental right, would become a more rope of sand so far as the large masses of the people in this country are concerned. The Constitution makers therefore advisedly provided in Clause (1) of Article 32 that the Supreme Court may be moved by any 'appropriate' proceeding, 'appropriate' not in terms of any particular form but 'appropriate' with reference to the purpose of the proceeding. That is the reason why it was held by this Court in the Judges Appointment and Transfer Case (supra) tint where a member of the public acting bona fide moves the Court for enforcement of a fundamental right on behalf of a person or class of persons who on account of poverty or disability or socially or economical disadvantaged position cannot approach the court for relief, such member of the public may move the court even by just writing a letter, because it would not be right or fair to expe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... power to enforce the fundamental rights in the widest possible terms shows the anxiety of the Constitution makers not to allow any procedural technicalities to stand in the way of enforcement of fundamental rights. The Constitution makers clearly intended that the Supreme Court should have the amplest power to issue whatever direction, order or writ may be appropriate in a given case for enforcement of a fundamental right But what procedure shall be followed by the Supreme Court in exercising the power to issue such direction, order or writ ? That is a matter on which the Constitution is silent and advisedly so, because the Constitution makers never intended to fetter the discretion of the Supreme Court to evolve a procedure appropriate in the circumstances of a given case for the purpose of enabling it to exercise its power of enforcing a fundamental right. Neither Clause (2) of Article 32 nor any other provision of the Constitution requires that any particular procedure shall be followed by the Supreme Court in exercising its power to issue an appropriate direction, order or writ. The purpose for which the power to issue an appropriate direction, order or writ is conferred on ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... orms. Lord Delin speaking of the English judicial system said : If our methods were as antiquated as our legal methods, we should be a bankrupt country . And Foster Q.C. observed : I think the whole English system is non-sense. I would go to the root of it-the civil case between two private parties is a mimic battle...conducted according to rules of evidence. There is a considerable body of juristic opinion in our country also which believes that strict adherence to the adversarial procedure can some times lead to injustice, particularly where the parties are not evenly balanced in social or economic strength. Where one of the parties to a litigation belongs to a poor and deprived section of the community and does not possess adequate social and material resources, he is bound to be at a disadvantage as against a strong and powerful opponent under the adversary system of justice, because of his difficulty in getting competent legal representation and more than anything else, his inability to produce relevant evidence before the court. Therefore, when the poor come before the court, particularly for enforcement of their fundamental rights, it is necessary to depart from the adver ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... be almost impossible for him to gather the relevant material and place it before the court. What is the Supreme Court to do in such a case ? Would the Supreme Court not be failing in discharge of its constitutional duty of enforcing a fundamental right if it refuses to intervene because the petitioner belonging to the underprivileged segment of society or a public spirited citizen espousing his cause is unable to produce the relevant material before the court. If the Supreme Court were to adopt a passive approach and decline to intervene in such a case because relevant material has not been produced before it by the party seeking its intervention the fundamental rights would remain merely a teasing illusion so far as the poor and disadvantaged sections of the community are concerned. It is for this reason that the Supreme Court has evolved the practice of appointing commissions for the purpose of gathering facts and data in regard to a complaint of breach of fundamental right made on behalf of the weaker sections of the society. The Report of the commissioner would furnish prima facie evidence of the facts and data gathered by the commissioner and that is why the Supreme Court is c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on, but Order XXVI is not exhaustive and does not detract from the inherent power of the Supreme Court to appoint a commission, if the Appointment of such commission is found necessary for the purpose of securing enforcement of a fundamental right in exercise of its constitutional jurisdiction under Article 32. Order XLVI of the Supreme Court Rules 1966 cannot in any way militate against the power of the Supreme Court under Article 32 and in fact Rule 6 of Order XLVII of the Supreme Court Rules 1966 provides that nothing in those Rules shall be deemed to limit or otherwise affect the inherent powers of the court to make such orders as may be necessary for the ends of justice. We cannot therefore accept the contention of the learned Addl. Solicitor General and Mr. Phadke that the court acted beyond its power in appointing M/s. Ashok Srivastava and Ashok Panda as commissioners in the first instance and Dr. Patwardhan as commissioner at a subsequent stage for the purpose of making an inquiry into the conditions of workmen employed in the stone quarries. The petitioner in the writ petition specifically alleged violation of the fundamental rights of the workmen employed in the stone q ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... illing, dredging, hydraulicing, quarrying or by any other operation . Section 2(kk) gives the definition of open cast working and according to this definition, it means a quarry, that is to say, an excavation where any operations for the purpose of searching for or obtaining minerals has been or is being carried on, not being a shaft or an excavation which extends below superjacent ground . There can be no doubt that according to these definitions, the stone quarries with which we are concerned in this writ petition constitute mines within the meaning of the definition of that term in Section 2(j) since they are excavations where operations for the purpose of searching for or obtaining stone by quarrying are being carried on but they are not 'open cast working' since admittedly excavations in the case of these stone quarries extend below superjacent ground. But the question still remains whether the provisions of the Mines Act. 1952 apply to these stone quarries even if they are mines Section 3(1)(b) enacts that the provisions of the Mines Act, 1952 except those contained in Sections 7, 8, 9, 44, 45 and 46 shall not apply to any mine engaged in the extraction inter a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he benefit of the provisions of that Act. It will, thus, be seen that all the provisions of the Mines Act, 1952 are applicable to the workmen employed in the stone quarries as also to the workmen employed in connection with stone crushers, where the stone crusher is situate in or adjoining to a stone quarry and belongs to the same owner as the stone quarry. Now the provisions of the Mines Act, 1952 which are material are those set out in Chapters V, VI and VII, Chapter V dealing with provisions as to health and safety, Chapter VI, with hours and limitation of employment and Chapter VII, with leave with wages. The provisions contained in these three Chapters confer certain rights and benefits on the workmen employed in the stone quarries and stone crushers and these rights and benefits are intended to secure to the workmen just and humane conditions of work ensuring a decent standard of life with basic human dignity. We shall have occasion to consider some of these rights and benefits when we deal with the specific complaints made on behalf of the petitioner, but we may point out at this stage that the most important rights and benefits conferred on the workmen are those relating to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... under an obligation to take all necessary steps for the purpose of securing compliance with these provisions by the mine-lessees and owners of stone crushers. The State of Haryana has in fact amended the Punjab Miner Mineral Concession. Rules 1964 in their application to the State of Haryana by issuing the Punjab Minor Mineral Concession (Haryana First Amendment) Rules 1982 on 6th December 1982 and substituted a new Clause 16 in Form F a new Clause 13 in Form L and a new Clause 10 in Form N providing that the lessee/lessees or the contractor/contractors, as the case may be, shall abide by the provisions of Mines Act, 1952 Inter State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979 and the rules and regulations framed thereunder and also the provisions of other labour laws both Central and State as are applicable to the workmen engaged in the mines, and quarries relating to the provisions of drinking water, rest shelters, dwelling houses, latrnesi and first aid and medical facilities in particular and other safety and welfare provisions in general, to the satisfaction of the competent authorities under the aforesaid Acts, rules and regulations and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to means any person who is recruited by or through a contractor in one State under an agreement or other arrangement for employment in an establishment in another State, whether with or without the knowledge of the principal employer in relation to such establishment. The expression principal-employer is defined by Clause (g) of Sub-section (1) of Section 2 to mean in relation to a mine, the owner or agent of the mine and where a person has been named as the manager of the mine, the person so named. Obviously, therefore, the mine-lessees and owners of stone crushers in the present case would be principal employers within the meaning of that expression as used in the Inter-State Migrant Workmen Act. Section 4 provides for registration of every principal employer of an establishment to which the Act applies and Section 6 enacts that no principal employer of an establishment to which this Act applies, shall employ inter-State migrant workmen in the establishment unless a certificate of registration in respect of such establishment is issued under the Act in force. Similarly, Section 8 Sub-section (1) provides that with effect from such date as the appropriate Government may be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to 35 of the Inter-State Migrant Workmen Rules. Then follows Section 14 which provides that there shall be paid by the contractor to every inter-State migrant workman at the time of recruitment, a displacement allowance and the amount of displacement allowance shall not be refundable but shall be in addition to the wages or other amounts payable to him. There is also a provision made in Section 15 for payment to an inter-State migrant workman of a journey allowance of a sum not less than the fare from the place of residence in his State to the place of work in the other State, both for outward and return journeys and this Section also enacts that the workman shall be entitled to payment of wages during the period of such journeys as if he was on duty. Section 16 lays a duty on every contractor employing inter-State migrant workmen in connection with the work of an establishment to provide various other facilities particulars of which are to be found in Rules 36 to 45 of the Inter-State Migrant Workmen Rules. These facilities include medical facilities, protective clothing, drinking water, latrines, urinals and washing facilities, rest rooms, canteens, creche and residential accomm ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... there are, the provisions of the later-State Migrant Workmen Act and the Inter-State Migrant Workman Rules would become applicable to such establishment. The Union of India in a submission filed on its behalf by Miss Subhasini has taken up the stand that the workmen employed in the stone quarries and stone crushers are coming to join the service in the stone quarries of their own volition and they are not recruited by any agent for being migrated from any State and as such they do not come under the definition of the term inter-State migrant workman. We would have ordinarily been inclined to accept this statement made on behalf of the Union of India, but we find that, according to the Report of Dr. Patwardhan, the modus operandi that is followed for the purpose of recruitment of workmen is that the stone crusher owners or the lessees holders ask the thekedar or jamadar of the mine to fetch people from various States to work in the mines and some times the jamadar or thekedar communicates the need for workers to old hands at the quarries so that they could bring in people on their return from their villages or their respective States . Now if what has been reported by Dr. Pa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Dr. Patwardhan in his Report and we have no doubt that if there is any agreement or understanding between the jamadar or thekedar on the one hand and the owners of stone crushers on the other that the jamadar or thekedar will ensure a certain rate of output of stone to be fed to the stone crushers, the jamadar or thekedar would be a 'contractor' and the workmen recruited or employed by him on behalf of the stone crusher owners would, be inter-State migrant workmen. But whether in any particular stone quarry or stone crusher the workmen employed are inter-State migrant workmen on the application of this test laid down by us and if so, how many of them are such inter-State migrant workmen, is a matter which would have to be investigated and determined and that is what must be done if we are to make the provisions of the Inter-State Migrant Workmen Act and the Inter-State Migrant Workmen Rules meaningful for these workmen who are recruited from other States and who come to the stone quarries and store crushers in the State of Haryana. We may point out that in addition to the rights and benefits conferred upon him under the Inter-State Migrant Workmen Act and the Inter-State M ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... includes a sub-contractor . The expression principal employer is defined in Clause (g) of Sub-section (i) of Section 2 and for the purpose of a mine, it means the owner or agent of the mine and therefore, so far as the stone quarries and stone crushers are concerned, the mine lessees and owners of stone crushers would be the principal employers. Then there are provisions in the Contract Labour Act for registration of establishment by every principal employer and for licensing of every contractor to whom the Act applies. But more importantly, Sections 16 to 19 impose a duty on every contractor to provide canteens, rest rooms, first 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 labour employed in an establishment is not provided by the contractor, such amenity shall be provided by the principal employer and all expenses incurred by the principal employer in providing such amenity may be recovered by the principal employer from the contractor. Every contractor is made responsible under-section 21 for payment of wages to each worker employed by him as contract labou ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed in the stone quarries and stone crushers. The minimum wage fixed for miners by the Notification of the Central Government dated 2nd December 1981 is ₹ 9.75 per day for those working above the ground and ₹ 11.25 per day for those working below the ground. Moreover the Notification prescribes a separate minimum wage for the occupation of a shot firer, stone breaker, stone carrier, mud remover and water carrier. There is a minimum wage prescribed in the Notification for each of these occupations. The question is whether the workmen employed in the stone quarries and stone crushers are paid minimum wage for the work done by them. The Report of Dr. Patwardhan alleges that the mode of payment to the workmen employed in stone quarrying operations is such that after deduction of the amounts spent on explosives and drilling of holes, which amount has to be borne by the workmen out of their wages, what is left to the workmen is less than the minimum wage. It is also stated in the Report of Dr. Patwardhan that the workmen employed in the stone quarries not only quarry the stone but also carry out the work of a shot firer and a stone breaker, though the work of a shot firer cann ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ir territories and the State of Haryana is no exception. But, in order to determine whether there is any bonded labour in the stone quarries and stone crushers in the Faridabad area of the State of Haryana, it is necessary to examine some of the relevant provisions of the Bonded Labour System (Abolition) Act 1976. This Act was enacted with a view to giving effect to Article 23 of the Constitution which prohibits traffic in human beings and beggar and other similar forms of forced labour. We have had occasion to consider the true scope and dimension of this Article of the Constitution in People's Union for Democratic Rights v. Union of India (1982)IILLJ454SC commonly known as the Asiad workers' case and it is not necessary for us to say anything more about it in the present judgment. Suffice it to state that this Act is intended to strike against the system of bonded labour which has been a shameful scar on the Indian social scene 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 length and breadth of the country with effect from 25th October 1975, which means that the Act has been ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... me locality. 30. Section 4 is the material section which provides for abolition of bonded labour system and it runs 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 freed and discharged from any obligation to render any bonded labour. (2) after the commencement of this Act, no person shall- (a) make any advance under, or in pursuance of, the bonded labour system, or (b) compel any person to render any bonded labour or other form of forced labour. 31. Section 5 invalidates any custom or tradition or any contract agreement or other instrument by virtue of which any person or any 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 alia 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 such commencement, shall be deemed to have been extinguished. There are certain other consequential provisions in Section 7 to 9 but it is not necessary to refer ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e assumption that there are no bonded labour at all. But we are glad to find that the Government of Haryana has now constituted a Vigilance Committee in each District. It does not appear from the record whether a Vigilance Committee his been constituted also in each sub-division of a District but we have no doubt that the Government of Haryana will without any delay and at any rate within six weeks from today constitutes a Vigilance Committee in each sub-division and thus comply with the requirement of Section 13 of the Act. We may point out that in constituting Vigilance Committee in each District and sub-division, the Haryana Government would do well to include representatives of non-political social action groups operating 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. 33. 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, since a laboure ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... strictly speaking, a bonded labourer means a labourer who incurs or has or is presumed to have incurred a bonded debt and a bonded debt means an advance obtained or presumed to have been obtained by a bonded 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 labour 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 labour in pursuance of any custom or social obligation 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 put forward the argument that even if the workmen employed in the stone quarries and stone crushers were being compelled to provide forced labour, they were not bonded labourers, 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 contention ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d, the State Government might as well obliterate this Act from the statute book. It is now statistically established that most of bonded labourers are members of Scheduled Castes and Scheduled Tribes or other backward classes and ordinary course of human 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 labour for no wage or for nominal wage, unless he has received some advance or other 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 freely wherever he wants. Therefore, whenever it is shown that a labourer is made to provide forced labour, the Court would raise a presumption that he is required to do so in consideration of an advance or other economic consideration received by him and he is therefore a bonded labourer. This presumption may be rebutted by the employer and also by the State Government if it so chooses but unless and until satisfactory material is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ication and release of bonded labour. Labour camps should be held periodically 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 experience of holding such camps and it should be associated with the organisation and conduct of such camps and in each such camp, individuals with organisational capability or potential should be identified and given training in the work of identification and release of bonded labour. More importantly non-political social action groups and voluntary agencies and particularly those with a record of honest and competent service for Scheduled Castes and Scheduled Tribes, agricultural labourers and other unorganised workmen should be involved in the task of identification and release of bonded labourers, for it is primarily through such social action groups and voluntary agencies alone that it will be, possible to eradicate the bonded labour system, because social action groups and voluntary agencies comprising men and women dedicated to the cause of emancipation of bonded labour will be able to penetr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... or bringing about an integration among the various central and centrally sponsored schemes and the on-going schemes of the State Governments for a more qualitative rehabilitation.' The essence 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 are not drawn from different sources for the same purpose drawn from different sectors for different components of the rehabilitation scheme are integrated skillfully; and (iv) While drawing up any scheme/programme of rehabilitation 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 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 to draw up a scheme on programme for a better and more meaningful rehabilitation of the freed bonded labourers in the light of the above guidelines set out by the Sec ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of them are being forced to provide labour and are bonded laboureres. While making this inquiry, Shri Laxmi Dhar Misra will take care to see that when he interviews the labourers either 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 those who, according to the inquiry made by him, are bonded labourers and he will also ascertain from them whether they want to continue to work in the stone quarry or stone 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 transportation back to their hromes and for this purpose the State Government shall make the requisite funds available to the District Magistrate. Shri Laxmi Dhar Misra will also enquire from the mine-lessees and owners of stone crushers as also from the thekedar or jamadar whether there are any advances made by them to th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he mine-lessees and or the jamadar or thekedar and the work of drilling holes and shot firing shall be entrusted only to those who have received requisite training under the Mines Vocational Training Rules 1966. We would direct the Central Government and the State of Haryana to take the necessary steps in this behalf so that within the shortest possible time and as far as possible within six weeks from today the workmen start actually receiving in their hands a wage not less than the minimum wage. If payment of wages is continued to be made on truck basis, it is necessary that the appropriate officer of the Central Enforcement 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 done by them and they are not c heated out of their legitimate wage. We would also direct the inspecting officers of Central Enforcement Machinery to carry 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 out by the inspe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Workers Education 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 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. 40. The other matter in regard to which we find it necessary to give directions relates to the tremendous pollution of air by dust thrown out as a result of operation of the stone crushers. When the stone crushers are being operated, they continually throw out large quantities of dust which not only pollute the air, but also affect the visibility and 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 workme ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... adars and thekedars proprio vigore on the basis of such report, but merely for the purpose of considering whether a prima facie case exists on the basis of which action can be initiated by the Central Government, in which the mine-lessees and stone crusher owners and/or the jamadars or thekedars would have an opportunity of contesting the allegation that the Contract Labour Act and/or the Inter-State Migrant Workmen Act applies to their stone quarry or stone crusher and defending such action. 42. 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 Srivastava and Ashok Panda as also the Report made by Dr. Patwardban shows that pure drinking water is not made available to the workmen. In 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 dangerously steep incline . The same situation also prevails in the mine in the Gurukul area as also in the Anangpur mines and in these mines quite often the upstream and th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ssees and stone crusher owners and it is the responsibility of the Central Government as also of the State of Haryana to ensure that this obligation is immediately carried out by the mine-lessees and stone 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 drinking water to the workmen on a scale of at least 2 litres for every workman by keeping suitable vessels in a shaded place at conveniently accessible 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-lessees and stone crusher owners are kept in clear and hygienic condition and are emptied, cleaned and refilled every day and they shall also ensure that minimum wage is paid to the women and/or children who look after the vessels. The Chief Labour Commissioner, the Deputy Chief Labour Commissioner, the Assistant Labour Commissioner and the Labour Enforcement Officers of the Government of Indi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n mountain dug-up without a thought as to environment is used by 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 statement made in the Report of Dr. Patwardhan has not been denied in any of the affidavits in reply filed on behalf of the respondents. We would therefore direct the Central Government as also the State Government to 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 quarries and stone crushers visited by him have complied with this direction and a Report in that behalf shall be submitted by Shri Laxmi Dhar Misra on or before 28th February, 1984. 44. There was also one other complaint made on behalf of the work ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s and owners of stone crushers should be required by the Central Government as also the State Government to make arrangements for hospitalisation of such workmen 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 State of Haryana to ensure that the provisions of the Maternity Benefit Act, 1961, the Maternity Benefits (Mines and Circus) Rules 1963 and the Mines Creche Rules, 1966, where 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 carried out at the earliest without any undue delay and Shri Laxmi Dhar Misra, while conducting his inquiry, will ascertain whether these directions have been complied with and the necessary medical and first aid facilities including hospitalization have been provided to the workmen and the members of their families. 45. We may point out that the above directions in regard to provision of health and welfare facilities have been given by us only with reference to the provisions of the Mines Act 1952 and the Mines Rules 1955 which ar ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... have given these directions to the Central Government and the State of Haryana and we expect the Central Government and the State of Haryana to strictly comply with these directions. We need not state that if any of these directions is not properly carried out by the Central Government or the State of Haryana, we shall take a very serious view of the matter, because we firmly believe that it is no use having social welfare laws 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 must not only speak justice but must also deliver justice. 47. Before parting with this case, we may point out, and this has come to our notice not only through the Report of Dr. Patwardhan but also otherwise, that the magistrates and judicial officers take a very lenient view of violations of labour laws enacted for the benefits of the workmen and let off the defaulting employers with small fines. There have also been occasions where the magistrate and judicial officers have scotched prosecutions and acquitted or discharged the defaultin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he labourers inter alia with the assistance of the National Labour Institute. (3) The State Government as also the Vigilance Committees and the district magistrates will take the assistance of nonpolitical social action groups and voluntary agencies for the purpose of ensuring implementation of the provisions of the Bonded Labour System (Abolition) Act, 1976. (4) The Government of Haryana will draw up within a period of three months from today a scheme or programme for rehabilitation of the freed bonded labourers in the light of the guidelines set out by the Secretary to the Government 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 Haryana will take all necessary steps for the purpose of, ensuring that minimum wages are paid to the workmen employed in the stone quarries and stone crushers in accordance with the principles laid down in this judgment and this direction shall be carried out within the shortest possible time so that within six weeks from today, the workmen start actually receiving in their hands a wage not less than the mi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to this direction shall be made to this Court on or before 28th February, 1984. (11) The Central Government and the Government of Haryana will immediately ensure that the mine lessees and stone crusher owners start supplying pure drinking water to the workmen on a scale of at least 2 litres for every workman by keeping suitable vessels in a shaded place at conveniently accessible points and such vessels shall be kept in clean and hygienic condition and shall be emptied, cleaned and refilled every day and the appropriate authorities of the Central Government and the Government of Haryana will supervise strictly the enforcement of this direction and initiate necessary action if there is any default. (12) The Central Government and the Government of Haryana will ensure that minimum wage is paid to the women and/or children who look after the vessels/in which pure drinking water is kept for the workmen. (13) The Central Government and the Government of Haryana will immediately direct the mine lessees and stone crusher owners to start obtaining drinking water from any unpolluted source or sources of supply and to transport it by tankers to the work site with sufficient frequen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... spector or Inspecting Officers of the Central Government and/or the State Government and such Inspecting 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 such claim is pursued 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 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. (21) If the Central Government and the Government of Haryana fail to ensure performance of any of the obligations set out in Clauses 11, 13, 14 and 15 by the mine lessees and stone crusher owners within the period specified in those respective clauses, such obligation or obligations to the extent to which they are not performed shall be carried out by the Central Government and the Government ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and/or the Inter-State Migrant Workmen Act is applicable, he will make a report to that effect to the Court. (e) He will ascertain whether the directions given by us in this judgment regarding effective arrangement for supply 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 with those directions. (f) He will also ascertain whether the mine 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 judgment regarding provision of conservancy facilities. (g) He will also ascertain whether the directions 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 families are being carried out by the mine lessees and stone crusher owners and the necessary first aid facilities and proper and adequate medical services including hospitalisation are provided to the workmen and the members of their families. (h) He will also enquire whether the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... policy decisions affecting their interests are made. In our own country, this new class of litigation is justified by its protagonists on the basis generally of vast areas in our population of illiteracy and poverty, of social and economic backwardness, and of an insufficient awareness and appreciation of individual and collective rights. These handicaps have denied millions of our countrymen access to justice. Public interest litigation is said to possess the potential of providing such access in the milieu of a new ethos, in which participating sectors in the administration of justice co-operate in the creation of a system which promises legal relief without cumbersome formality and heavy 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 crusading 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 ju ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Leon Duguit observed : Any system of public law can be vital only so far as it is based on a given sanction to the following rules : First, the holders of power cannot do certain things; second, there are certain things they must do p. 26. Traditional legal remedies have been preoccupied largely with the first rule. It is recently that the second has begun substantially to engage the functional attention of the judicial administration. In the United States, the Warren Court achieved a remarkable degree of success in decreeing affirmative action programmes for the benefit of minorities and other socially or economically disadvantaged interests through the avenues of public law. In India, we are now beginning to apply a similar concept of constitutional duty. 57. Until the arrival of public interest litigation, civil litigation was patterned exclusively on the traditional model. The traditional conception of adjudication believes a suit to be a means for settling disputes between private parties concerning their private rights. In the usual form, the suit is an organised proceeding between two individual contestants. It deals with a definite framework of facts requiring princi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... na fide and 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 so far it had been a matter of despair. 59. It is time indeed for the law to do so. In large measure, the traditional conception of adjudication represented the socio-economic vision prevailing at the turn of the century. The expansion of governmental 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 fairs shaped the development of legal jurisprudence. But soon, progressive social and economic forces began to grow stronger and influence the minds of people, and governments, in response to the pressures of egalitarian and socialist-oriented urges, began to enter increasingly upon socio-economic programmes in which legislation and the courts constituted the principal instruments of change. The movement accelerated With the close of the Second World War, and a character of human rights was written i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Constitution. So far as the traditional private law is concerned; the procedure follows the accepted pattern and traditional forms associated with it. There can be little dispute there. Does public interest litigation call for somewhat different considerations ? Before dealing with this aspect, however, it is necessary to touch on two fundamental matters. 64. First, as to the petition, A practice has grown in the public of invoking the jurisdiction of this Court by a simple letter complaining of a legal injury to the author or to some other person or group of persons, and the Court has treated such letter as a petition under Article 32 and entertained the proceeding without anything, more. It is only comparatively recently that the Court has begun to call for the filing of a regular petition on the letter. I see grave danger inherent in a practice where a mere letter is entertained as a petition from a person whose antecedents and status are unknown or so uncertain that no sense of responsibility can, without anything more, be attributed to the communication. There is good reason for the insistence on a document being set out in a form, or accompanied by evidence, indicat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he Court is invoked. For in all cases of illegal detention there is no doubt that the Court must act with speed and readiness. Or when the authorship of the communication is so impeccable and unquestionable that the authority of its contents may reasonably be accepted prima facie until rebutted. It will always be a matter for the Court to decide, on what petition will it require verification and when will it waive the rule. 65. Besides this, there is another matter which, although on the surface appears to be of merely technical significance, merits more than passing attention. I think the time has come to state clearly that all communications and petitions invoking the jurisdiction of the Court must be addressed to the entire Court, that is to say, the Chief Justice and his companion Judges. No such communication or petition can properly be addressed to a particular Judge. When the jurisdiction of the Court is invoked, it is the jurisdiction of the entire court. Which Judge or Judges will hear the case is exclusively a matter concerning the internal regulation of the business of the Court, interference with which by a litigant or member of the public constitutes the grossest im ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... caution and adopt procedures ensuring sufficient notice to all interests likely to be affected. Moreover, the nature of the litigation sometimes involves the continued intervention of the court over a period of time, and the organising of the litigation to a satisfactory conclusion calls for judicial statesmanship, a close understanding of constitutional and legal values in the context of contemporary social forces, and a judicious mix of restraint and activism determined by the dictates of existing realities. Importantly, at the same time, the Court must never forget that its jurisdiction extends no farther than the legitimate limits of its constitutional powers, and avoid trespassing into political territory which under the Constitution has been appropriated to other organs of the State. This last aspect of the matter calls for more detailed consideration, which will be attempted later. 68. The procedures adopted by the Court in cases of public interest litigation must of course be procedures designed and shaped by the Court with a view to resolving the problem presented before it and determining the nature and extent of relief accessible in the circumstances. On the consider ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... onsistent acceptance during long years of the historical development of the law. The general principles of law, to which reference is made here, command the confidence, not merely of the Judge and the lawyer and the parties to the litigation, but supply that basic credibility to the judicial proceeding which strengthens public faith in the Rule of Law. They are rules rooted in reason and fairplay, and their governance guarantees a just disposition of the case. The court should be wary of suggestions favouring novel procedures in cases, where accepted procedural rules will suffice. 70. Turning now to the nature and extent of the relief which can be contemplated in public interest litigation, we enter into an area at once delicate and sensitive and fraught with grave implications. Article 32 confers the widest amplitude of power on this Court in the matter of granting relief. It has power to issue directions or orders or writs , and there is no specific indication, no express language, limiting or circumscribing that power. Yet, the power is limited by its very nature, that it is judicial power. It is power which pertains to the judicial organ of the State, identified by the very ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ome an instrument of social policy forged by the personal political philosophy of the judge, this is an important consideration to keep in mind. 72. Where the Court embarks upon affirmative action in the attempt to remedy a constitutional imbalance within the social order, few critics will find fault with it so long as it confines itself to the scope of its legitimate authority. But there is always the possibility, in public interest litigation, of succumbing to the temptation of crossing into territory which properly pertains to the Legislature or to the Executive Government. For in most cases the jurisdiction of the Court is invoked when a default occurs in executive administration, and sometimes where a void in community life remains unfilled by legislative action. The resulting public grievance finds expression through social action groups, which consider the Court an appropriate forum for removing the deficiencies. Indeed, the citizen seems to find it more convenient to apply to the Court for the vindication of constitutional rights than appeal to the executive or legislative organs of the State. 73. In the process of correcting executive error or removing legislative om ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the likelihood and degree of response from the agencies on whom the implementation will depend. In most cases of public interest litigation, there will be neither precedent nor settled practice to add weight and force to the vitality of the Court's action. The example of similar cases in other countries can afford little support. The successful implementation of the orders of the Court will depend upon the particular social forces in the backdrop of local history, the prevailing economic pressures, the duration of the stages involved in the implementation, the momentum of success from stage to stage, and acceptance of the Court's action at all times by those involved in or affected by it. 76. An activist Court, spearheading the movement for the development and extension of the citizen's constitutional rights, for the protection of individual liberty and for the strengthening of the socioeconomic fabric in compliance with declared constitutional objectives, will need to move with a degree of judicial circumspection. In the center of a social order changing with dynamic pace, the Court needs to balance the authority of the past with the urges of the future. As far bac ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... issue on the basis of strict legal principle and avoiding carefully the influence of purely emotional appeal. For that alone gives the decision of the Court a direction which is certain, and unfaltering, and that particular permanence in legal jurisprudence which makes it a base, for the next step forward in the further progress of the law. Indeed, bath certainty of substance and certainty of direction are indispensable requirements in the development of the law, and invest it with the credibility which commands public confidence in its legitimacy. 78. This warning is of especial significance in these times, during a phase of judicial history when a few social action groups tend to show evidence of presuming that in every case the court must bend and mould its decision to popular notions of which way a case should be decided. 79. I have endeavoured by these observations to indicate some of the areas in which the Court should move with caution and circumspection when addressing itself to public interest litigation. As new areas open before the Court with modern developments in jurisprudence, in a world more sensitive to human rights as well as the impact of technological progr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... its of the case I find myself in agreement with my brother Bhagwati, both in regard to the operation of the various statutes as well as the directions proposed by him. The case is one of considerable importance to a section of our people, who pressed by the twin misfortunes of poverty and illiteracy, are compelled to a condition of life which long since should have passed into history. The continued existence of such pockets of oppression and misery do no justice to the promises and assurances extended by our Constitution to its citizens. A.N. Sen, J. 82. The relevant facts have been fully set out in the judgment of my learned brother Bhagwati, J. My learned brother has also recorded in his judgment the various contentions which were urged before us in this writ petition. 83. A preliminary objection was raised by Shri K.L. Bhagat, Additional Solicitor General of India and also by Shri Phadke, learned Counsel appearing on behalf of the respondents, as to the maintainability of the present petition. The objection to the maintainability of the present petition is taken mainly on the following three grounds :- 1. Article 32 of the Constitution is not attracted to the inst ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... not very often be possible for the person who is deprived of his liberty to approach this Court, as by virtue of such illegal and wrongful detention, he may not be free and in a position to move this Court. The Petitioner in the instant case claims to be an association interested in the welfare of society and particularly of the weaker section. The Petitioner further states that the petitioner seeks to promote the welfare of the labourers and for promoting the welfare of labour, the petitioner seeks to move this Court for releasing the bonded labourers from their bondage and for restoring to them their freedom and other legitimate rights. The bonded labourers working in the far away places are generally poor and belong to the very weak section of the people. They are also not very literate and they may not be conscious of their own rights. Further, as they are kept in bondage their freedom is also restricted and they may not be in a position to approach this Court. Though no fundamental right of the petitioner may be said to be infringed, yet the petitioner who complains of the violation of the fundamental right of the workmen who have been wrongfully and illegally denied their fre ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n the question involved in the present proceeding. 88. The second ground which raises the question whether the letter addressed by a party to this Court can be treated as a writ petition and in the absence of any verified petition this Court can be moved to exercise its writ jurisdiction, is essentially an objection to the procedure to be adopted by this Court in the matter of entertaining a proceeding under Article 32 for enforcement of fundamental rights of the parties. Article 32(1) of the Constitution which has been earlier set out guarantees the right to move this Court by an appropriate proceeding for the enforcement of the fundamental rights. Article 32(2) confers wide powers on this Court in the matter of granting relief against any violation of the fundamental rights. Article 32 or for that matter any other article does not lay down any procedure which has to be followed to move this Court for relief against the violation of any fundamental right. Article 32(1) only lays down that the right to move this Court by appropriate proceedings for enforcement of fundamental rights is guaranteed. The Constitution very appropriately leaves the question as to what will constitute ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... itution, the Court in appropriate cases in the interests of justice will certainly be competent to treat a proceeding, though not in conformity with the procedure prescribed by the Rules of this Court, as an appropriate proceeding under Article 32 of the Constitution and to entertain the same. Fundamental rights guaranteed under the Constitution are indeed too sacred to be ignored or trifled with merely on the ground of technicality or any rule of procedure. It may further be noticed that the rules framed by this Court do not also lay down that this Court can be moved under Article 32 of the Constitution only in accordance with the procedure prescribed by the Rules and not otherwise. A mere technicality in the matter of form or procedure which may not in any way affect the substance of any proceeding should not stand in the way of the exercise of the very wide jurisdiction and powers conferred on this Court under Article 32 of the Constitution for enforcement of fundamental rights guaranteed under the Constitution. Taking into consideration the substance of the matter and the nature of allegations made, it will essentially be a matter for the Court to decide whether the procedure a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... his Court. The Petitioner which claims to be a Social Welfare Organisation interested in restoring liberty and dignity to these unfortunate bonded labourers should be considered competent to move this Court by a letter or like communication addressed to this Court, to avoid trouble and expenses, as the petitioner is not moving this Court for any personal or private benefit. 90. I shall now consider the third and the last objection which relates to the powers of this Court to direct an enquiry into the allegations made and to call for a report in a proceeding under Article 32 of the Constitution to enable this Court to exercise its power and jurisdiction under Article 32 of the Constitution. 91. We have earlier noted that the fundamental rights are guaranteed by the Constitution and for the enforcement of the fundamental rights very wide powers have been conferred on this Court. Before this Court proceeds to exercise its powers under Article 32 of the Constitution for enforcing the fundamental rights guaranteed, this Court has to be satisfied that there has been a violation of the fundamental rights. The fundamental rights may be alleged to have been violated under various cir ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s Court is approached on behalf of this class of people for enforcement of fundamental rights of which they have been deprived and which they are equally entitled to enjoy, it becomes the special responsibility of this Court to see that justice is not denied to them and the disadvantageous position in which they are placed, do not stand in the way of their getting justice from this Court. The power to appoint a commission or an investigating body for making enquiries in terms of directions given by the Court must be considered to be implied and inherent in the power that the Court has under Article 32 for enforcement of the fundamental rights guaranteed under the Constitution. This is a power which is indeed incidental or ancillary to the power which the Court is called upon to exercise in a proceeding under Article 32 of the Constitution. It is entirely in the discretion of the Court, depending on the facts and circumstances of any case, to consider whether any such power regarding investigation has to be exercised or not. The Commission that the Court appoints or the investigation that the Court directs while dealing with a proceeding under Article 32 of the Constitution is not a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ver-ruled. 94. On the merits of the case my learned brother Bhagwati, J. has in his judgment carefully and elaborately discussed all the aspects. Apart from the principal grievance made that the workmen in the instant case are bonded labourers, various grievances on behalf of the workmen have been voiced and denial to the workmen of various other just rights has been alleged. The grievance of denial of other just rights to the workmen and the reliefs claimed for giving the workmen the benefits to which they may be entitled under various legislations enacted for their welfare, are more or less in the nature of consequential reliefs incidental to the main relief of freedom from bonded and forced labour to which the workmen are subjected. I must frankly confess that in the facts and circumstances of this case I have some doubts as to the applicability of the provisions of Inter State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979. The views expressed by my learned brother Bhagwati, J. in his judgment, to my mind, do not amount to any adjudication on the question of applicability of the Inter State Migrant Workmen (Regulation of Employment and Conditi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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