PREVALENCE OF BONDED LABOUR: A LEGAL ANALYSIS OF ITS CAUSES AND EFFECTIVE IMPLEMENTATION OF BONDED LABOUR SYSTEM (ABOLITION) ACT, 1976

AUTHOR – S. GOWSALYA*, N.C. POORNAMATHI* & ANBU RANI A**

* LLM STUDENTS AT LABOUR LAW AND ADMINISTRATIVE LAW, THE TAMIL NADU DR.AMBEDKAR LAW UNIVERSITY

** LLM STUDENT AT LLM – CYBER SPACE LAW AND JUSTICE, THE TAMIL NADU DR.AMBEDKAR LAW UNIVERSITY

BEST CITATION – S. GOWSALYA, N.C. POORNAMATHI & ANBU RANI A, PREVALENCE OF BONDED LABOUR: A LEGAL ANALYSIS OF ITS CAUSES AND EFFECTIVE IMPLEMENTATION OF BONDED LABOUR SYSTEM (ABOLITION) ACT, 1976, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (12) OF 2025, PG. 394-400, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

Bonded labour, often referred to as debt bondage, is a modern manifestation of slavery that continues to persist in India despite constitutional guarantees, statutory prohibitions, and judicial activism. This article examines the historical roots, socio-economic causes, and continuing prevalence of bonded labour in India. It analyses the legislative framework, judicial interpretations, and international obligations of the Indian State with regard to the elimination of this practice. While the Bonded Labour System (Abolition) Act, 1976 was a watershed in statutory recognition of bonded labour as unconstitutional, implementation gaps, administrative reluctance, caste-based exploitation, and lack of rehabilitation mechanisms continue to hinder effective abolition. Through doctrinal analysis, case law review, and comparative study of international standards, this paper argues for a multi-pronged strategy to strengthen enforcement, enhance rehabilitation, and align India’s practices with its international commitments. The study concludes with policy recommendations to ensure that the nation fulfills its constitutional and international mandate to eliminate bonded labour by upholding human dignity and labour rights.

KEYWORDS: Bonded labour, exploitation, implementation gaps, Bonded Labour System (Abolition) Act, 1976, Awareness and Education