Rescuing a bonded labourer is only the beginning, and the State cannot stop there. That is the core message of a Supreme Court judgment delivered on Monday (November 2), in which a bench of Justice Vikram Nath and Justice Aparesh Kumar Singh ordered that freed bonded labourers should ordinarily receive immediate financial assistance within seven days of being issued a release certificate. The court also laid down a nationwide framework covering rescue, certification, payment and long-term rehabilitation.
The case that reached the Supreme Court
The ruling came on a petition filed by Surendra Manjhi, a survivor of bonded labour. He and others were rescued from a brick kiln in Shahjahanpur district of Uttar Pradesh on February 28, 2019. They had allegedly been taken from their home districts in Bihar to work off a debt. After they were sent back to Bihar, they were given release certificates, the official document that confirms a person was held in bondage and unlocks government support.
But the money did not follow quickly. Manjhi received his immediate assistance only in 2022, nearly three years after his rescue. According to the petition, 42 labourers were issued certificates; 25 got Rs 20,000 each, while 17 were still waiting. Part of the delay came from a dispute between the two states: Bihar said some certificates issued in Uttar Pradesh were not in the prescribed format.
A second petition, filed by the National Campaign Committee for the Eradication of Bonded Labour and others on broader implementation of the Bonded Labour System (Abolition) Act, 1976, was heard with Manjhi's case.
What the court said
The bench held that the State's duty does not end with the act of rescue. In a line likely to be quoted for years, it said "rehabilitation delayed may, in substance, amount to rehabilitation denied." The court also made three practical points:
- A labourer's entitlement cannot depend on differences in how two states run their paperwork.
- Disputes between states over who pays must not hold up payment to an eligible person.
- Immediate assistance should not be withheld just because a criminal case or investigation is pending.
Key directions at a glance
| Direction | Timeline |
|---|---|
| Verify a bonded labour complaint | Ordinarily within 24 hours |
| Issue release certificate after identification | Ordinarily within 24 hours |
| Pay immediate financial assistance | Ordinarily within 7 days of release certificate |
| Individual rehabilitation plan | Within 90 days of rescue |
| States/UTs implement revised SOP of May 14, 2026 | Within 6 months |
| Centre issues supplementary guidelines with NHRC | Within 3 months |
| Nodal officer in every state and UT | Within 6 months |
| District grievance officer to resolve complaints | Ordinarily within 30 days |
| UP and Bihar verify 17 pending labourers | Within 1 month; pay within 3 to 6 months |
Uniform certificate and language rules
The Centre has been asked to prescribe one release certificate format that every state and Union Territory must recognise, which directly addresses the UP-Bihar problem in Manjhi's case. Certificates and information on entitlements must be given in a language the rescued person understands, with extra care when children are involved.
Tracking and follow-up
The NAVJIVAN Portal is to be used to track cases, and state-level monitoring committees must review them every month, with special attention to cases pending for over a year. District Vigilance Committees must keep reviewing a survivor's rehabilitation for at least a year after release, so that people are not pushed back into bondage. District Magistrates have been asked to link survivors to livelihood support under Central and state welfare schemes, and authorities must ensure children get education, medical care and counselling.
The Centre must also decide within three months on proposed changes to the Central Sector Scheme for Rehabilitation of Bonded Labourers, including higher immediate assistance and interim support where payments are delayed.
Why it matters
Bonded labour has been illegal in India since 1976 and is barred by Article 23 of the Constitution, yet rescued workers often spend years chasing paperwork. Many survivors are migrant workers from poor families, and they are often are rescued in one state but belong to another. By fixing timelines and making states share responsibility, the judgment tries to ensure that a worker freed from a brick kiln or farm does not fall into fresh debt while waiting for help.
What happens next
The Centre has four months to file a compliance affidavit. States and Union Territories have six months to comply and two weeks after that to file their own affidavits. Both petitions remain pending, and the matter will be listed again after seven months to monitor progress.
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