Bandhua Mukti Morcha v. Union of India

Several mines in India had large numbers of laborers who were working in bonded labor. Bonded labor had a long history in India. The system involved economically powerful actors employing individuals for years to pay off alleged debts, which were often never paid off during the lifetimes of the debtor-workers. Bandhua Mukti Morcha (plaintiff) learned of the conditions under which workers were living in the mines and brought a petition in the Supreme Court of India against the Union of India (defendant). Under Article 23 of India’s constitution, forms of forced labor were prohibited. Although that provision was passed in the 1950s, bonded labor continued to be a reality. In 1976, the Indian parliament passed the Bonded Labour System (Abolition) Act, which again aimed to prevent economic and physical exploitation of workers. These laws made protection against working in bonded labor a fundamental right under Indian law. Bandhua’s petition with the Supreme Court of India claimed that the conditions experienced by the mine workers violated that fundamental right. The petition sought a writ requiring the proper implementation of law prohibiting bonded labor. The supreme court responded by ordering an investigation of mine conditions by two advocates, who confirmed the reports of bonded labor. However, although Article 32 of the Constitution of India guaranteed the right to seek a writ from the supreme court to enforce fundamental rights, the constitution did not specify who could bring such rights.