Friday 19 October 2012

Anti-slavery law

Slavery is the ancient form of labour in which the slave is bonded to the house of the master and has no free will of his own. Under the slavery system, the slave is treated like a chattel and can be transferred from one master to another for a price or as a gift. A slave and his children are the property of his master.
Slavery has existed through ages. It includes chattel slavery, bonded labour and forced labour. Slavery demeans the human worth and equates human life with that of animals or as lifeless objects. It is considered to be one of the biggest violations of human freedom and dignity.
The Universal Declaration on Human Rights has declared freedom from slavery as one of the fundamental human rights. Article 4 of the Declaration forbits slavery in all its forms. The International Covenant on Civil and Political Rights also declares freedom from slavery as a fundamental freedom. It prohibits slavery and enforced servitude. Article 8 of the Convention provides that no one shall be held in servitude and it prohibits slavery and slave trade in all forms.
In India, the Constitution prohibits bonded labour and beggar. Article 23 of the Constitution prohibits traffic in human beings and forced labour. It prohibits 'beggar' which is forced involuntary labour without payment. Further, the Directive Principles of State Policy lay down the principles of equal pay for equal work. These are also fundamental towards abolishing the practice of bonded or forced labour.
The Bonded Labour System (Abolition) Act, 1976 also lays down provisions relating to the abolition of slavery. Section 2 defines bonded labour system as system of fully or completely forced labour in lieu of any debt or by virtue of birth. Section 4 of the Act provides that with the commencement of this Act, all bonded labourers are discharged from any obligation to render bonded labour and stand free. Section 5 further abolishes all customs validifying bonded labour. Section 6 of the Act further extinguishes all obligations to repay debt. The Act further lays down provisions as to vigilance committees and empowers the District Magistrate to ensure the compliance with the provisions of the Act and take action against violations. Enforcement and advancement of bonded labour is punishable under the Act and tried by Executive Magistrate.
However, after all these legal provisions also, the menace of slavery still exist the world over. It needs to be addressed at public platforms. Social consciousness alone can curb it.

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