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District Magistrate & Vigilance Committee: Roles in Bonded Labour Act & Gender Equality, Lecture notes of Labour Law

Karnataka UniversityLabour Law

An overview of the duties of a District Magistrate and Vigilance Committee under the Bonded Labour Abolition Act, with a focus on the eradication of bonded labour and forced labour, as well as the promotion of gender equality in employment. The document also discusses the historical context of discrimination against women in employment and the importance of equal pay for equal work. It mentions various labour welfare enactments, the Equal Remuneration Act of 1976, and the concept of labour welfare as a broad concept with numerous safeguards in the Indian Constitution.

Typology: Lecture notes

2021/2022

Uploaded on 02/19/2022

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WRITE SHORT NOTES ON THE DUTIES OF DISTRICT MAGISTRATE AND VIGILANCE
COMMITTEE UNDER BONDED LABOUR ABOLITION ACT
The state government confers powers and imposes duties on the district
magistrate under section 10 to perform all or any of the duties so conferred or imposed
and the local limits within which such powers or duties shall be exercisable.
Section 11 gives powers to the district magistrate to promote the welfare of the
freed labour so that he may not have any occasion or reason to contract any further
debt.
According to section 12 it shall be the duty of every district magistrate and every
officer specified by him to enquire any bonded labour system or any other form of
forced labour is being enforced on behalf of any person who is a resident within the local
limits of the jurisdiction and as a result of such enquiry if at all any person is found to be
enforcing the bonded labour system or forced labour he shall be forthwith take
necessary action to eradicate the bonded labour and the enforcement of such forced
labour.
The provisions relating to the composition of the vigilance committee is provided
under Sec.13 and accordingly, the vigilance committee consists of the following:
i. a district magistrate;
ii. three persons belonging to the scheduled castes and scheduled Tribes;
iii. two social workers not more than three persons to represent the official
or non-official agencies in the district connected with the rural
development, to be nominated by the State Government: and
iv. one person to represent the financial and credit institutions who all have
to be nominated by the district magistrate.
According to this section district magistrate is the chairman of the vigilance
committee and the rest of the members work on his directions.
According to Sec.14 of the Act, the functions of the vigilance committee are as
follows:-
a. To advise the district magistrate or any officer authorised by him to ensure
that the provisions of this act are properly implemented.
b. To provide for the economic and social rehabilitation of the freed bonded
labourers.
c. To co-ordinate the functions of rural banks and cooperative societies with a
view to canalizing adequate credit to the freed bonded labourer.
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WRITE SHORT NOTES ON THE DUTIES OF DISTRICT MAGISTRATE AND VIGILANCE

COMMITTEE UNDER BONDED LABOUR ABOLITION ACT

The state government confers powers and imposes duties on the district magistrate under section 10 to perform all or any of the duties so conferred or imposed and the local limits within which such powers or duties shall be exercisable. Section 11 gives powers to the district magistrate to promote the welfare of the freed labour so that he may not have any occasion or reason to contract any further debt. According to section 12 it shall be the duty of every district magistrate and every officer specified by him to enquire any bonded labour system or any other form of forced labour is being enforced on behalf of any person who is a resident within the local limits of the jurisdiction and as a result of such enquiry if at all any person is found to be enforcing the bonded labour system or forced labour he shall be forthwith take necessary action to eradicate the bonded labour and the enforcement of such forced labour. The provisions relating to the composition of the vigilance committee is provided under Sec.13 and accordingly, the vigilance committee consists of the following: i. a district magistrate; ii. three persons belonging to the scheduled castes and scheduled Tribes; iii. two social workers not more than three persons to represent the official or non-official agencies in the district connected with the rural development, to be nominated by the State Government: and iv. one person to represent the financial and credit institutions who all have to be nominated by the district magistrate. According to this section district magistrate is the chairman of the vigilance committee and the rest of the members work on his directions. According to Sec.14 of the Act, the functions of the vigilance committee are as follows:- a. To advise the district magistrate or any officer authorised by him to ensure that the provisions of this act are properly implemented. b. To provide for the economic and social rehabilitation of the freed bonded labourers. c. To co-ordinate the functions of rural banks and cooperative societies with a view to canalizing adequate credit to the freed bonded labourer.

d. To keep an eye on the number of offences of which cognizance has been taken. e. To make a survey as to whether there is any offence of which cognizance ought to be taken. f. To defend any suit instituted against a freed labour or a member of his family or any other person dependent on him for the recovery of whole or part of any bonded debt or any other debt which is claimed by such person to be bonded debt. EXPLAIN THE OBJECTIVES OF EQUAL REMUNERATION ACT 1976 The preamble of the act states that it is an act to provide for the payment of equal remuneration to men and women workers and for the prevention of discrimination on the ground of sex against women in the matter of employment and for matters connected therewith or incidental thereto. Though labour welfare enactments have provided various protections, safeguards and benefits to working women in our country. There were there was an emergent need to give more protection to female workers who are discriminated as regards employment and wages. Generally, speaking the wages of women have traditionally tended to lack behind those of men, moreover the net earnings of women invariably happen to be lower than those of men. Women all over the world had been articulate and were prepared to accept lower wages even when they were employed on the same jobs as men. Even in the economically and socially advanced countries while remarkable progress has been made discrimination still exist, the principle of equal value had not always been fully implemented. In India, the in the initial stages, when legislation for the protection of workers was hardly thought of factory owners taking advantage of the backwardness and social handicaps of the poorer classes were recruited. Women, on a large scale at lower wages and made them work under inhuman conditions. Discrimination against women workers has hampered our economic growth and social development for too long. With the gradual decay of the joint family concept the unfortunate widows the dependent and uneducated women begin to seek employment in the agricultural and allied industries. Plantations, mining, building and construction industries also provided employment to such women. Women were employed in large numbers on lesser wages and exploited by the employers because they were aware of circumstances under which

or colour based or caste based and more difficult to identify in other cases but unless there is such identifiable discrimination the doctrine should not be applied. Real difference is not discrimination. In our country an ordinance namely the equal remuneration ordinance was promulgated in 1975 to give effect to the constitutional provisions and ILO convention in the international women year. The ordinance was replaced by the equal remuneration act 1976 seeking to provide for payment of equal remuneration to men and women workers and for the prevention of discrimination on the ground of sex against women in the matter of employment and for matters connected therewith or incidental thereto. Under the provisions of the act the employer is under duty to pay equal remuneration to men and women workers for same work or work of similar nature as well you should not discriminate while making recruitment, promotion, training or transfer. However the provisions of the act not affect any priority for reservation for Scheduled Castes and Scheduled Tribes, ex-servicemen, retrenched employees or any other class or category of the person in the matter of recruitment to the post in an establishment or employment. It would be just and proper that this act may be extended to maximum people maximum possible establishments and employments with a view to provide fair and just treatment to women workers. Thus, the act embraces the philosophy of equal pay for equal work without discrimination on the basis of sex. THE FUNDAMENTAL RIGHTS AND DIRECTIVE PRINCIPLES OF STATE POLICY ARE THE BACKBONE OF THE INDUSTRIAL JURISPRUDENCE. ELUCIDATE. The concept of labour welfare is a broad concept with condition of well being, happiness, satisfaction, conservation and development of human resource. Indian constitution provides numerous safeguards for the protection of labour rights they are in the form of of fundamental rights and directive principles of State policy. Article 14, 19, 21, 23 and 24 comprise of fundamental rights promised under part III of the constitution. Articles 38, 39, 39A, 41, 42, 43, 43A and 47 form part of the Directive Principles of State Policy under part IV of the constitution but they are not enforceable in a court of law. Article 39, 39A, 41, 42, 43, 43A collectively can be termed Magna Carta of working- class in India.

Article 14 commands state to treat any person equally before the law. Article 19(1)(c) gives the citizens the right to form association or unions. Article 21 promise protection of life and personal liberty. Article 23 provides forced labour. Article 24 prohibits employment of children below the age of 14 years. Article 39A provides that the state shall secure to its citizens equal right to an adequate means of livelihood. Article 39 provides the state shall secure and in the equal opportunities for access to justice to its citizens and ensure that such opportunities are not denied by reason of economic or other disabilities. Article 41 provides that within the limits of its economic capacity the state shall secure for the right to work and education. Article 42 instructs state to make provisions for securing just and humane conditions of work and for maternity relief. Article 43 orders the state to secure a living wage, decent condition of work and social and cultural opportunities to all workers through legislation or economic organisation. Article 43A provides for the participation of workers in management of industries through legislation. Principle of equal pay for equal work and Indian supreme court. The principle of equal pay for equal work is enshrined in article 39 of the constitution. For the first time this principle was considered in Kishori Mohan Lal vs Union of India in 1962. Supreme court then ruled that it was not capable of being enforced in a court of law. The courts of law changed its opinion in 1982 in the case of Randhir Singh vs Union of India through three judge bench it held that the principle of equal pay for equal work which meant equal pay for everyone irrespective of sex was deducible from preamble and Articles 14, 16 and 39 of the constitution. The principle of equal pay for equal work was held to be applicable to cases of an equal scales of pay based on classification or irrational classification to both sets of employees engaged on temporary and regular basis respectively performed identical duties and responsibilities. Constitution guarantees citizens to form union or association. The Trade Union Act allows workers to form trade unions. Trade unions provide power to raise voice against atrocities done to the workers. Unionization brings power to the labourers.

 The international Labour conference meets annually to formulate international Labour standards;  The governing body meets three times a year serving as the executive council and deciding the agency policy and budget; and  The international Labour office is the permanent secretariat that administers the organisation and implements activities. The ILO was awarded Nobel Peace Prize in 1969 for improving the fraternity and peace among nations, pursuing decent work and justice for workers, and providing technical assistance to developing nations. The ILO has four strategic objectives  Promote and realize standards and fundamental principles and rights at work;  Create greater opportunities for women and men to decent employment and income;  Enhance the coverage and effectiveness of social protection for all; and  Strengthen tripartism and social dialogue.