Sect 21 of Bonded Labour System (Abolition) Act struck down

Holding that it is in violation of Articles 14, 21, and 50 of the Constitution, the Madras High Court today struck down Section 21 of Bonded Labour System (Abolition) Act 1976, and subsequent Government order which confers power to Revenue Divisional officers in the State to conduct trial for offences committed under the Act. 

The Bench, comprising Acting Chief Justice Satish K Agnihotri and Justice M Sathyanarayanan, also directed the RDOs to transfer all cases under the Act to the file of Chief Judicial Magistrates, who in turn are directed to transfer the cases to respective Judicial Magistrates. 

The Judicial Magistrates (JMs) shall dispose of the cases as expeditiously as possible, the bench said, allowing a petition filed by one Gajendran of Thiruvallur District. 

Gajendran, who was working as a bonded labourer along with some others in a rice mill between 1990 and 2005, had challenged section 21 of the Bonded Labour System (Abolition) Act. He also contended that powers of Judicial Magistrate of Second Class conferred on RDO to try offences punishable under the Act was in gross violation of Art 50 of the Constitution of India and sought a direction to strike it down. 

Section 21 empowers the state government to draw up rules and regulations under the Act. The petitioner submitted that it also empowers the RDOs to execute the power of JMs which was already struck down by various High Courts. 

Police had registered an FIR against the rice mill owner in 2006 for offences under section 16 of the Act which was still pending adjudication before RDO, Thiruvallur, the petitioner said. 

The Government order was issued on July 17, 1987 by the Tamil Nadu Social Welfare Department, under section 21(1) conferring the RDO in the State power of a Judicial Magistrate to try offences committed under the Act. 

While in agreement with a judgment of the Madhya Pradesh High Court, the bench, in its order, said "The Full Bench of Madhya Pradesh High Court has extensively and exhaustively dealt with the very same issue, and as the trail should inspire the confidence, such a procedure shall be held to be invalid, unjust, and unfair and also contrary to the provisions of the Code of Criminal Procedure and it is also violation of Principles of Natural Justice." 

"It is declared that section 21 of the Bonded Labour System (Abolition) Act 1976, is in violation of Articles 14, 21, and 50 of the Constitution of India and consequently the Government Order dated July 17 1987 is also quashed.

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