Six-Month Wait for Bonded Labour Release Certificate Exposes Administrative Failures
In a distressing case highlighting systemic gaps in India's bonded labour rehabilitation framework, Santosh, a 16-year-old victim from Kishanganj, Bihar, continues to wait for his bonded labour release certificate six months after his rescue and one month following the arrest of the accused. Under legal provisions, this crucial document should be issued within 24 hours of rescue, yet bureaucratic hurdles between states have created an indefinite delay.
Family's Struggle Amid Administrative Confusion
Santosh belongs to a completely illiterate family that remains confused about whether the certificate should be issued in Haryana, where he was rescued, or in Bihar, his home state. This confusion stems from what legal experts describe as a complete lack of administrative coordination between the source state of Bihar and the destination state of Haryana.
The National Human Rights Commission has taken suo motu cognisance of this matter, recognizing the gravity of the situation where a rescued victim continues to suffer due to procedural delays.
Legal Perspective on the Administrative Loop
A lawyer associated with the case, speaking on condition of anonymity, explained the core issue: "The boy was found on the roadside and authorities were initially unable to determine the exact jurisdiction and confirm whether he was kept as a bonded labourer or not."
She elaborated on the administrative deadlock: "Bihar officials insist Haryana should issue the certificate, while Haryana officials claim they need to meet Santosh and conduct an enquiry before issuing it. This lack of coordination has created a vicious loop where Santosh bears the brunt of the delay."
The lawyer painted a grim picture of Santosh's current situation: "He is moving from pillar to post, from department to department, asking for what is due to him and is his fundamental right."
Financial Burden and Family's Desperation
The prolonged process has imposed significant financial strain on Santosh's already struggling family. His elder brother, Jitendra, revealed their practical dilemma: "Travelling to Haryana only to obtain the certificate is simply not feasible for us financially. We are waiting for a court hearing date so we can address both the legal proceedings and the certificate during one trip."
Expressing their frustration, Jitendra added: "We did not expect the process of getting a certificate to be so difficult. 'Insaaf nahi mila, pareshaan hai' (We haven't received justice, we are troubled)."
Legal Framework and Rehabilitation Imperatives
The lawyer clarified that existing laws empower the Bihar government to take action: "The labour department and district administration in Bihar have the authority to issue the release certificate. The Central Sector Scheme for Rehabilitation of Bonded Labourer and the standard operating procedure issued by the ministry of labour and employment provide the framework for authorities in the home state to proceed."
She emphasized the certificate's critical importance: "This release certificate is mandatory to access rehabilitation benefits, which include both cash and non-cash assistance. While non-cash support involves linking victims to government schemes and counselling, cash assistance is crucial for immediate survival."
Highlighting the dangerous consequences of delay, she warned: "If victims return home without money to eat, traffickers are always waiting to lure them back into bondage."
While final compensation under the central scheme is linked to conviction, she cited positive precedents: "In Maharashtra, the labour department issued full compensation even while cases were ongoing. The government understood its duty to ensure victims do not fall back into bondage."
Broader Support and Future Planning
Alfred William, an NGO worker assisting the family in Kishanganj, revealed that steps are now being taken to apply for a disability certificate for Santosh. "The family was earlier completely unaware of provisions related to disability or bonded labour certificates," he said.
Regarding education, William noted: "Santosh has crossed the age limit under the Right to Education Act and will now be guided towards skill training programmes that can provide him sustainable livelihood options."
Official Standpoints and Investigation Status
Kishanganj District Magistrate Vishal Raj maintained that the release certificate must originate from where the incident occurred: "Since he was not kept in bondage in Kishanganj, the release certificate cannot be issued from here. The enquiry and procedure will have to be completed in Haryana."
The DM also raised concerns about compensation overlap: "Santosh has already received compensation under the Juvenile Justice Act. We are seeking clarity on whether compensation under both the JJ Act and bonded labour provisions can be availed. However, the disability certificate will be issued at the earliest once the application is received."
From the investigation side, Haryana's investigating officer Inspector Satya Prakash provided an update: "Anil, the accused, is still in jail. The charge sheet is under preparation and will be filed within 20 days."
Systemic Implications and Urgent Need for Reform
This case exposes critical flaws in India's bonded labour rehabilitation system, particularly the inter-state coordination mechanism that fails victims when they need support most. The six-month delay in issuing a document mandated within 24 hours represents not just bureaucratic failure but a fundamental denial of justice to vulnerable citizens.
The situation underscores the urgent need for clearer protocols, better inter-state communication channels, and more victim-centric approaches in implementing bonded labour rehabilitation schemes. As Santosh's family continues to wait, his case serves as a stark reminder of how administrative gaps can perpetuate the suffering of those already victimized by bonded labour systems.
