9911796707
TMI Blog1983 (12) TMI 327X X X X Extracts X X X X X X X X Extracts X X X X ..... nging to the lower rungs 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... esh, Andhra Pradesh, Karnataka, Orissa, Bihar, Rajasthan, 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 pr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to the constitutional values and is determined to take action for identifying releasing 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 defi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... istrict Sagar, M.P. The petitioner pointed out that there were "yet another 14 bonded labourers 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 statemen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tter of the petitioner as also a cross section of the other workers with a view to finding out whether they are willingly working 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dur (3) Chhotey Lal son of Jarau (4) Harak Bahadur son of Jeet Bahadur (5) Gopal Bahadur son of Jhabu Singh (6) Roop Singh son of Govinda (7) 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 th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ess of the state of affairs so that the State Government and its officers could take necessary steps for remedying the situation if a state of affairs exists which is 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 eco ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... it has made various constructive suggestions and recommendations for the purpose of improving the living conditions of these workmen. We are indeed grateful to Dr. Patwirdhan for carrying out 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 a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d with the mission of bringing about a new socio-economic order where there will be social and economic justice for every one and equality of status and opportunity for all, would welcome an inquiry 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n dignity enshrined in Article 21 derives its life breath from the Directive Principles of State Policy and particularly Clauses (e) and (f) of Article 39 and Articles 41 and 42 and at the 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 i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as commissioners and the Reports made by them had no evidentiary value since what was stated in the Reports was based only on ex-parte statements which had not been tested by cross-examination. 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 lar ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , including writ in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari, whichever may be appropriate, for the enforcement of any of the rights conferred 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ike India where there is so much of poverty, ignorance, illiteracy, deprivation and exploitation, any insistence on a rigid formula of proceeding for enforcement of a fundamental right would 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 econom ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... citizen who has come before it for judicial redress, but would have power to issue any direction, order or writ including a writ in the nature of any high prerogative writ. This provision conferring on the Supreme Court 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 pr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ent of a fundamental right. The adversarial procedure has, in fact, come in for a lot of criticism even in the country of its origin, and there is an increasing tendency even in that country to depart from its strict norms. 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 representatio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... obvious that the poor and the disadvantaged cannot possibly produce relevant material before the court in support of their case and equally where an action is brought on their behalf by a citizen acting pro 'bono publico, it would 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 b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hat Order XLVI of the Supreme Court Rules 1966 makes, the provisions of Order XXVI of the CPC, except Rules 13, 14, 19, 20, 21 and 22 applicable to the Supreme Court and lays down the procedure for an application for issue of a commission, 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 su ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... inerals has been or is being carried on and includes in Clause (iv) "all open cast working". The word "minerals" has been given a very broad meaning under Section 2(jj) and it means "all substances which can be obtained from the earth by mining, digging, drilling, 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. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and therefore if the stone crushing activity is carried on in premises in or adjacent to a stone quarry and it belongs to the same owner as the stone quarry, it would be subject to the discipline of the provisions of the Mines Act 1952 and all workmen employed in connection with such stone crushers would be entitled to the 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... previsions of that Act and of the Mines Rules 1955 and other Rules and Regulations made under that Act and it is the primary obligation of the Central Government to ensure that these provisions are complied with by the mine-lessees and stone crusher owners. The State of Haryana is also, for reasons which we have already discussed, 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 wor ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cles of manufacture to such establishment, by the employment of workmen or to supply workmen to the establishment, and includes a sub-contractor, khatedar, sardar, agent or any other person, by whatever name called, who recruits or employs workmen." Clause (e) of Sub-section (1) of Section (2) defines "inter-State migrant workmen" 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tions of service of an inter-State migrant workman and provides inter alia that in no case shall a inter-State migrant workman be paid less than the wages fixed under the Minimum Wages Act 1948, and the wages shall be paid to an inter-State migrant workman in cash. The detailed particulars in regard to wages payable to an inter-State migrant workman are laid down in Rules 25 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-S ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d in Section 2 Sub-section (1) Clause (e) of the Inter-State Migrant Workmen Act that the establishment in which they are employed would be covered by the Inter-State Migrant. Workmen Act. It would therefore have to be determined in case of each stone quarry and each stone crusher whether there are 5 or more inter-State migrant workmen employed in the establishment and if 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 workm ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... iably "an understanding between the jamadar or thekedar and the owners of stone crushers holding leases of stone quarries as to the rate of output of stone to be fed through the crushers" and thus the jamadar or thekedar is clearly a 'contractor' of the stone crusher owners and the workmen recruited or employed by him on behalf of the owners of stone crushers are inter-State migrant workmen. We entirely agree with this view put forward by 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in connection with the work of an establishment when he is hired in or in connection 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" 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 Secti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , for reasons which we have already discussed while dealing with the applicability of the Mines Act 1952 and the Inter-State Migrant Workmen Act, the State of Haryana would be under an obligation to enforce the provisions of the Contract Labour Act and the Contract Labour Rules for the benefit of the workmen. 27. Turning to the provisions of the Minimum Wages Act 1948, there can be no doubt and indeed this was not disputed on behalf of the respondents, that the Minimum Wages Act 1948 is applicable to workmen employed 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 a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as the complaint of the petitioner that the workmen employed in the stone quarries and stone crushers are not being paid the minimum was due and payable for the work carried out by them is concerned, it is a matter which would have to be investigated and determined in the light of the law, laid down by us. 28. Lastly, we must consider the provisions of the Bonded Labour System (Abolition) Act 1976. We have already pointed out that many of the States are not prepared to admit the existence of bonded labour in their 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 kn ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of his labour or the labour of a member of his family or any person dependent on him. 29. The expression "nominal wages" is defined in Clause (i) of Section 2 to mean, in relation to any labour, a wage which is less than- (a) the minimum wages fixed by the Government, in relation to the same or similar labour, under any law for the time being in force, and (b) where no such wage has been fixed in relation to any form of labour, the wages that are normally paid, for the same or similar labour, to the labourers working in the same 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 agre ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 Haryana 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 the Vigilance Committee is to identify bonded labourers, if there are any, and to free and rehabilitate them and it would not be right for the State Government not to constitute Vigilance Committees on the 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... orm of forced labour 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 labour system or any other form of forced labour is being enforced by or on behalf of any person and, if so, to take 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 form of forced labour. It is of course true that, 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 c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ding 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 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 labourer can never stand up to the rigidity and formalism of the legal process due to his poverty, illiteracy and social and economic backwardness and if such a procedure were required to be followed, 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 req ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tification of bonded labour as one of their top priority tasks. There are certain areas of concentration of bonded labour which can be easily identified on the basis of various studies and reports made by governmental authorities, social action groups and social scientists from time to time. These areas of concentration of bonded labour are mostly to be found in stonequarries, brick kilns and amongst agricultural landless labourers 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 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 parti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... -sites and agricultural land, land development, provision of low cost dwelling units, agriculture, provision of credit, horticulture, animal husbandry, training for acquiring new skills and developing existing skills, promoting traditional arts and crafts, provision of wage employment and enforcement of minimum wages, collection and processing of minor forest produce, health, medical care and sanitation, supply of essential commodities, education of children of bonded labourers and protection civil rights; (iii) There is scope for 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 th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rs working in the stone quarries and stone crushers in Faridabad District are bonded labourers in the light of the law laid down by us in this judgment. We would therefore direct Shri Laxmi Dhar Misra, Joint Secretary in the Ministry of Labour, Government of India, who has considerable experience of the work of identification, release and rehabilitation of bonded labourers, to visit the stone quarries 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 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 g ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... re paid on truck basis or 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 wage. Even if payment of wages is made to the workmen on truck basis, a formula would have to be evolved by the Central Government and the State of Haryana to ensure that the workmen receive no less than the minimum wage and to facilitate this formula it would have to be provided that the expenses on explosives and drilling holes shall be borne by the 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... enefits conferred upon them. It is therefore necessary to educate the workmen employed in stone quarries and stone crushers so that they become aware as to what are the rights and benefits to which they are entitled under the various social welfare laws. The knowledge of their rights and entitlements will give them the strength to fight against their employers 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 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 Contract Labour Act and/or the Inter-State Migrant Workmen Act is applicable, he will make a report to that effect to the Court on 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 fastening any liability on the mine-lessees and stone crusher owners or the jamadars 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 work ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... be kept cool in suitable vessels sheltered from weather and such vessels must be emptied, cleaned and refilled every day and steps have to be taken 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 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 loo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er and what should be the standard of construction to be complied with in erecting the latrines are provided in Rules 33 to 35 of the Mines Rules 1955 and Rule 36 provides that a sufficient number of water taps conveniently accessible shall be provided in or near such latrines and if piped water supply is not available, then a sufficient quantity of water shall be kept stored in suitable receptacles near such latrines The Report of Dr. Patwardhan shows that there is not a trace of such conservancy facilities in any of the stone quarries and the "vast open 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 195 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t will also take steps to Sure that proper and adequate medical treatment is provided by the mine-lessees and owners of stone crushers to the workmen employed by them as also to the members of their families and such medical assistance should be made available to them without any cost of transportation or otherwise and the cost of medicines prescribed 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 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... him. 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 and if they fail to do so, the Central Government and the State Government, as the case may be, shall take unnecessary action against the defaulting Inspecting Officer or Officers. 46. We 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Requirements of Section 13 of the Bonded Labour System (Abolition) Act 1976 keeping in view the guidelines given by us in this judgment. (2) The Government of Haryana will instruct the district magistrates to take up the work of identification of bonded 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 and brick kilns and assign task forces for identification and release of bonded labour and periodically hold labour camps in these areas with a view to educating the 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... fare and labour laws and the progress made shall be reported to this Court by the Central Board of Workers Education at least once in three months. (10) The Central Government and the Government of Haryana will immediately take steps for the purpose of ensuring that the stone crusher 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 continuous spraying of water upon it or installation of dust sucking machine and a compliance report in regard 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and the State Government will ensure that the provisions of the Maternity Benefit Act 1961, the Maternity Benefit (Mines and Circus) Rules 1963 and the Mines Creche Rules 1966 where applicable in any particular stone quarry or stone crusher are given effect to by the mine lessees and stone crusher owners. (19) As soon as any workman employed in a stone quarry or stone crusher receives injury or contracts disease in the course of his employment, the concerned mine lessee or stone crusher 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 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 suff ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... crusher are actually in receipt of wage not less than the minimum wage and whether the directions given in this 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 crushers in Faridabad District for the purpose of ascertaining whether there are any contract labourers or inter-State migrant workmen in any of these stone, quarries or stone crushers and if he finds as a result of his inquiry that the Contract Labour Act 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 conse ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... has evoked a lively, if somewhat controversial, response in legal circles, in the media and among the general public. In the United States, it is the name "given to efforts to provide legal representation to groups and interests that have been unrepresented or under-represented in the legal process. These include not only the poor and the disadvantaged but ordinary citizens who, because they cannot afford lawyers to represent them, have lacked access to courts, administrative agencies and other legal forums in which basic 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 withou ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... command broad 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 of throwing the prevailing social order into disarray. In a changing society, wisdom dictates that reform should emerge in the existing polity as an ordered change produced through its institutions. Moreover, the pace of change needs to be handled with care lest the institutions themselves be endangered. 56. In his Law in the Modern State, 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 inte ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sons 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 where the public injury was suffered by an indeterminate class of persons from the breach of a public duty or from the violation of a constitutional provision of the law, any member of the public having sufficient interest can maintain an action for judicial redress for such public injury. The principle was qualified by the reservation that such petitioner should act bona 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 environme ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rcement of a fundamental right and can result in the grant of effective relief. Article 32 speaks of the Court's power "to issue directions or orders or writs", and the specific reference to "writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari" is by way of illustration only. They do not exhaust the content of the Court's power under Article 32. 63. Entering not into a more controversial area, it is appropriate to consider the nature of the procedure which the court may adopt-under Article 32 of 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 u ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... opriate verification of the allegations be supplied. The requirement is imperative in private law litigation. Having regard to its nature and purpose, it is equally attracted to public interest litigation, While this Court has readily acted upon letters and telegrams in the past, there is need to insist now on an appropriate verification of the petition or other communication before acting on it. As I have observed earlier, there may be exceptional circumstances which may justify a waiver of the rule. For example, when the habeas corpus jurisdiction of the 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 c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ourt is creative rather than passive and it assumes a more positive attitude in determining facts. 67. Not infrequently public interest litigation affects the rights of persons not before the court, and in shaping the relief the court must invariably take into account its impact on those interests. Moreover, when its jurisdiction is invoked on behalf of a group, it is as well to remember that differences may exist in content and emphasis between the claims of different sections of the group For all these reasons the court must exercise the greatest 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 o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ance with it. Where, however, the procedure prescribed by statute is incomplete or insufficient, it will be open to the Court to supplement it by evolving its own rules. Nonetheless, the supplementary procedure must conform at all stages to the principles of natural justice. There can be no deviation from the principles of natural justice and other well accepted procedural norms characteristic of a judicial proceeding. They constitute an entire code of general principles of procedure, tried and proven and followed by the sanctity of common and consistent 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e limits of its jurisdiction and, having done so, it should take care to remain within the restraints of its jurisdiction. 71. This aspect of Court action assumes especial significance in public interest litigation. It bears upon the legitimacy of the judicial institution, and that legitimacy is affected as much by the solution presented by the Court in resolving a controversy as by the manner in which the solution is reached. In an area of judicial functioning where judicial activism finds room for play, where constitutional adjudication can become 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 whe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt stages of affirmative action seeking to regulate the lives of large numbers of people some of whom never participated in the judicial process. 75. There is good reason to suppose that treating with public interest litigation requires more than legal scholarship and a knowledge of textbook law. It is of the utmost importance in such cases that when formulating a scheme of action, the Court must have due regard to the particular circumstances of the case, to surrounding realities including the potential for successful implementation, and 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 a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ent of the governed. Court decrees draw no authority from the participation of the people. Their power to command consent depends upon more than habit or even the deserved prestige of the justices. It comes, to an important degree, from the continuing force of the rule of law-from the belief that the major influence in judicial decisions is not fiat but principles which bind the judges as well as the litigants and which apply consistently among all men today, and also yesterday and tomorrow. 77. There is great merit in the Court proceeding to decide an 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 judic ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... les 1966 is of technical significance only, because there was inherent power in the Court, in the particular circumstances of this case, to take that action. I have already set forth earlier my views in respect of the nature and forms of procedure open to the Court in public interest litigation and I need not elaborate them here. I may add, however, that the Court would do well to issue notice to the respondents, before appointing any Commissioner, in those cases where there is little apprehension of the disappearance of evidence. 81. On the merits 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 Bha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... anteed to every person under the Constitution. There cannot be any manner of doubt that any person who is wrongfully and illegally detained and is deprived of his liberty can approach this Court under Article 32 of the Constitution for his freedom from wrongful and illegal detention, and for being set at liberty. In my opinion, whenever any person is wrongfully and illegally deprived of his liberty, it is open to anybody who is interested in the person to move this Court under Article 32 of the Constitution for his release. It may 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 labou ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to move this Court by appropriate proceedings for enforcement of the fundamental rights guaranteed under the Constitution. Article 32(2) makes provision for the powers of this Court in the matter of granting relief in any proceeding in this Court for enforcement of the fundamental rights guaranteed by the Constitution. Article 32(3) and 32(4) which I have also set out for the purpose of complete understanding of the provisions of Article 32 for proper appreciation of its scope and effect, do not have any material bearing on 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to entertain any proceeding which may not be in conformity with procedure prescribed by the Rules of this Court. The Rules undoubtedly lay down the procedure which is normally to be followed for making an application under Article 32 of the Constitution. They, however, do not and cannot have the effect of limiting the jurisdiction of this Court of entertaining a proceeding under Article 32 of the Constitution, if made, only in the manner prescribed by the rules. For effectively safeguarding the fundamental rights guaranteed by the Constitution, 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 prescrib ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... unication to this Court and not to any individual Judge by name. Such communication should be addressed to the Chief Justice of the Court and his companion Justices. A private communication by a party to any Learned Judge over any matter is not proper and may create embarrassment for the Court and the Judge concerned. 89. In the present case, the unfortunate workers who are employed as bonded labourers at a distant place, could not possibly in view of their bondage, move this Court, following the procedure laid down in the Rules of this 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 jurisdicti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ies in the matter of protection of their fundamental rights. We have to bear in mind that in this land of ours, there are persons without education, without means and without opportunities and they also are entitled to full protection of their rights or privileges which the Constitution affords. Living in chilled penury without necessary resources and very often not fully conscious of their rights guaranteed under the Constitution, a very large section of the people commonly termed as the weaker section live in this land. When this 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 un ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... State may cast a slur or stigma on its administrative machinery, should cause effective enquiries to be made into the matter and if the matter is pending in this Court, should co-operate with this Court to see that death-knell is sounded on this illegal system which constitutes a veritable social menace and stands in the way of healthy development of the nation. 93. For reasons aforesaid, I do not find any merit in the preliminary objections raised and I agree with my learned brother that the preliminary objections must be over-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 relie ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
