Bandhua Mukhti Morcha v. UOI and Ors.

Bandhua Mukti Morcha vs Union of India & Others

Citation: 1984 AIR 802

Bench: P.N Bhagwati, R.S Pathak, Amarendra Nath Sen 

FACTS:

The petitioner is an organization that had been working toward the liberation and release of bonded labourers across the country. They had addressed a letter to Justice Bhagwati with the allegation that labourers from different parts of the country were working in stone quarries in Faridabad in inhuman conditions as bonded labourers. The petitioner also alleged that the various social welfare provisions of the constitution and the various legislations were not being implemented. 

The letter detailed the conditions of the labourer as follows

• The whole atmosphere in the alleged stone quarries was full of dust and it  was difficult for anyone to breathe.
• Some of the workmen were not allowed to leave and were providing forced labour. 
• There was  no facility of providing pure water to drink and the labourers were compelled  to drink dirty water
• Some of the labourers were  suffering from chronic diseases
• No  compensation was  being paid  to labourers who  were injured  due to accidents arising in the course of  employment
• There were  no facilities for medical treatment  or schooling.

The Court treated the letter as a writ petition and appointed a commission to inquire into the allegations made by the petitioner. 

ISSUES:

Whether the writ petition was maintainable under Article 32 of the Constitution and whether a relief could be granted by the Supreme Court. 

JUDGMENT:

The Court dispensed with following the adversarial procedure as the disadvantaged parties were not in a position to produce their evidence. Instead, the Court suggested a proactive investigation by the State. The rationale being that the state is under a Constitutional obligation to ensure that there are no violations of fundamental rights to any person. 

The Court stated that, “Public Interest Litigation  is not in the nature of adversary  litigation but  it is a challenge and an opportunity to the government and its officers to make basic human rights  meaningful  to  the  deprived  and  vulnerable sections of  the community  and to  assure them social and economic justice which is the signature tune of our Constitution.”

The petition was held to be maintainable and the state government was put under an obligation to rectify its failure in ensuring compliance with relevant labour laws.