Law:

Section:

(a) Bonded Labour System (Abolition) Act (III of 1992)-------Preamble---Constitution of Pakistan (1973), Art.185(3)---Leave to appeal was granted by Supreme Court, inter alia, to consider the "exact scope of the Bonded Labour System (Abolition) Act, 1992 and its effect on the provisions of the Sindh Tenancy Act, 1950 and other laws". (b) Bonded Labour System (Abolition) Act (III of 1992)-------Preamble---Bonded Labour System (Abolition) Act, 1992 is a piece of welfare legislation enacted only for the welfare of a disadvantaged section of the people aimed at curbing certain abominable practices. (c) Bonded Labour System (Abolition) Act (III of 1992)-------Ss. 5, 2(b)(c), 6 & 8---Constitution of Pakistan (1973), Arts. 11, 15 & 23--All contracts whereby a person agrees to render services without wages or for nominal wages, forfeits the freedom of employment or movement or forfeits the right to appropriate or sell, at market value, any of his property or product of his labour, was void---Bonded Labour System (Abolition) Act, 1992 basically gives effect to the mandate of Art. 11 of the Constitution prohibiting forced labour, of Art.15 guaranteeing freedom of movement and Art.23 guaranteeing the right to hold and dispose of property which indicates that the Legislature in its wisdom envisaged an obligation to work against one's wishes for settlement of a private debt not to be one created for a public purpose nor a fetter upon the right of movement in the said context as a reasonable restriction in the public interest---While forced labour and clog on the freedom of movement by way of consideration for the repayment of debt would be impermissible, the outstanding amount could be recovered through normal legal channels---Principles. It is evident from a bare reading of section 5 of the Bonded Labour System (Abolition) Act, 1992 that even a voluntary contract whereby any person is required to render services as a bonded labourer will be void and inoperative. Section 2(d) defines a bonded labourer as a labourer who incurs or is presumed to have incurred a bonded debt. Under section 2(b) a bonded debt means an advance obtained by a bonded labourer under the…

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