CHENNAI: Mentioning that bonded labourers cannot be expected to withstand “tricky” cross-examination or respond with confidence, and that the burden of proving claims of bonded labour to be false lies on the accused, the Madras High Court recently set aside a trial court’s orders in 2015 and convicted two persons for subjecting tribal workers to such work conditions at a private mill in Kancheepuram district.
According to the court order, Justice G K Ilanthiraiyan, allowing an appeal moved by a survivor, found that 27 workers of Sri Ramachandra Rice Mill had been trapped in a cycle of debt after receiving advances in the range of `5,000 to `10,000, with their wages adjusted against the amount – effectively binding them to the employer.
The accused, Kesavan and his son Ramesh, forced them to work for meagre wages, in some cases as low as Rs 4 per bag of paddy moved, and housed them within the mill premises without basic amenities. They were also not allowed to move freely or visit their native place.
Further, the court noted that the 27 employed under such conditions were subjected to caste-based abuse and ill-treatment.
The case dates back to 2007, when the revenue divisional officer identified the workers as bonded labourers, ordered their release and initiated proceedings. However, a sessions court in Kancheepuram had acquitted Kesavan and Ramesh in 2015 citing lack of evidence and procedural issues.
Reversing the acquittal, the high court held that minor inconsistencies in the testimonies of vulnerable witnesses could not be a ground to reject their evidence, and clarified that the competent authority was empowered to identify bonded labourers and initiate action.
The court further held that once bonded labour is established, the burden lies on the accused to prove otherwise, a burden they failed to discharge. The accused have been directed to appear for sentencing.