Unpaid wages, delayed rescue: Study flags plight of bonded labourers in Delhi, other parts of country

Bonded labour is any labour or service rendered under the bonded labour system, and is illegal in all of its forms, the NCCEBL underlines. The Bonded Labour System (abolition) Act 1976 provides definitions as to what bonded labour is according to the law. A bonded labourer is a person who works under a bonded debt system, where they are forced to work to pay off a loan, often with nominal or no wages and restricted movement.

Among the 20 case studies flagged in the study was that of a tribal woman from Jharkhand who worked as a domestic worker at a home in the Capital and was not allegedly paid salary for three months. The report underlines that multiple complaints were filed with district authorities in May 2024, but the rescue was delayed.

It also said that by the time officials reached the employer’s address, she had been moved elsewhere. Even after a habeas corpus petition in the Delhi High Court, she received no rehabilitation, and the release certificate issued to her did not clarify her status as a bonded labourer, limiting her access to welfare.

In another case from Delhi, a sanitation worker who cleaned public toilets with her family was not paid for years. Even as she was later rescued as a bonded labourer through a summary trial, she continued to lack basic entitlements such as ration, healthcare and housing support despite the compensation she eventually received.

There is “an overwhelming presence of the bonded labour system” in Delhi’s toy factories, brick kilns in Uttar Pradesh, and in other states, prevalent in distilleries, construction sites, hotels, charcoal-making units, jewellery-making units, among others, the study underlines.

The study has also found that caste is central to the pattern of exploitation. Every rescued worker in the sample belonged to a marginalised caste group, with 63% being Scheduled Castes, 13% Scheduled Tribes and 24% OBC, the nationwide findings highlight.

The authors have noted that this profile shows bonded labour is “not just an economic issue, but a structural outcome of the caste system,” linked to restricted livelihood options, landlessness and entrenched discrimination.

Another concern raised is migration. More than 93% of rescued workers surveyed were inter-state migrants, and as per the report, none of these workers had been registered under the Inter-State Migrant Workmen Act, 1979, which left them without formal protection, displacement allowances or enforceable minimum wages.

Another key finding has shown that wage theft is widespread and often exceeds the debts used to justify bondage. According to the findings, 53% of rescued workers reported unpaid wages. The report records that the average unpaid wage owed per worker stood at Rs 32,514, while the average debt was Rs 5,283.14.

The authors state that this evidence “directly challenges the dominant narratives that focus primarily on debt as the defining characteristic of bonded labour,” showing that withholding earned wages is often the central tool of control.

In addition to this, only a small share of workers saw FIRs registered, and the vast majority of cases resulted in no convictions. Many release certificates were incomplete or delayed, and interim relief, which should be granted immediately after rescue, was often not provided. Among the most affected were children, as out of 55 rescued children in the sample, 28 received no rehabilitation, and only 14 managed to secure school admission.

It has also been found that the total allocated funds rarely reach workers. For example, among 240 women who were eligible for Rs 2,00,000 under a revised post-2016 scheme, only one had received an amount between one and two lakh rupees. Many received only Rs 20,000 or nothing at all.

The recommendations call for procedural reforms, including immediate district surveys, mandatory wage payments directly into workers’ bank accounts, interim cash relief within 24 hours of issuing a release certificate, access to ration cards, health cards and construction worker registrations, and skill development support. The authors also propose amending legal provisions, including changing the wording of Section 21 of the Bonded Labour Act from “shall be deemed” to “should be deemed,” to allow flexibility while ensuring summary trials remain swift and time-bound. The report also urges the government to legally recognise non-payment of minimum wages as a form of forced labour.