Bandhua Mukti Morcha VS Union Of India is the landmark judgment in which we will find the answer to the question the can supreme court consider a letter as PIL?/ Public Interest Litigation. This case is related to Fundamental rights and especially related to Article 32.
The power of the Honorable Supreme Court to issue writs to protect the Fundamental Rights. We will see here What were the facts of this case? What was the question of the law before the Honorable Apex Court? and What was held in this Particular case we will also see the answer of Can the Supreme Court consider a letter as PIL?
In this case, the Honorable Supreme Court treated a letter addressed by the Petitioner Honorable Justice Bhagwati as a Writ Petition. That is the reason this case is very renowned and landmark. The letter was under Article 32 of the Indian Constitution to issue some writs.
In the letter, the Petitioner alleged that a large number of bonded laborers worked under inhuman and intolerable conditions in the Stone queries and mines situated in Faridabad Hariyana. It prayed for the proper implementation of the Mines Act 1952, Bonded Labour System Abolition Act 1976, and Minimum Wages Act, among others.
The question of law before the Honorable Court was:-
1. Whether any fundamental right of the workmen referred to in the petition infringed so as to attract Article 32 of the Constitution?
2. Can a letter addressed by a party to the Supreme Court be treated as a Writ Petition? / Can Supreme Court consider a letter as PIL? and also
3. Whether the Bonded Labour system ABolition Act, 1976, covers forced labor?
Now let us see What was held by the Honorable Apex Court? is very very interesting. Honorable Apex Court held that Article 21 of the Constitution confers upon every individual the right to live with human dignity. It derived its life and breath from the Directive Principle of the State Policy and particularly Article 39 clauses (e) and (f) & Article 41 and Article 42.
These rights are fundamental to human existence and make a mens’ life meaningful and worth living. On a count of social and economic disability of an individual or growth any member of the public can move the Court under Article 32 Clause (1) of the Indian COnstitution.
Public Interest Litigation is an opportunity for the government and its officers to make basic human rights meaningful to the deprived and vulnerable sections of the community and assure them of social and economic justice.
The Court further held that the Bonded Labor System (Abolition) Act 1976 recognizes forced labor as a form of bonded labor. The thrust of the Act is against the continuance of any form of forced labor. Whenever labor is meant to provide forced labor the court would raise the presumption that he is required to do so In consideration of an Advance and economic consideration received by him. And he is therefore a bonded labor.
Moreover, the Court held that the Central and The State government were constitutionally obliged to ensure the implementation of provisions of Acts such as Minimum Wages Act 1948, Payment of Wages Act 1948, Maternity Benefits Act 1961, Bonded labor (Abolition) Act 1976, etc.
Most importantly Court held that it was very important to educate the workmen about their Rights and Entitlement under various social welfare laws. Such knowledge prevents them from being passive recipients of exploitation and empowered them to fight for securing their legitimate dues.
The law prescribing the procedure for deprivation of personal liberty of a person will have to stand the test of both Article 19 and Article 21 of the Indian Constitution. So the answer to the question Can Supreme Court consider a letter as PIL?, is YES, A letter can consider a PIL.
