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--------------- Print Magazine --------------
 
  May 2016
 
  April 2016
 
 
 
 
PERMANENT IMPRINT LEADING CASES

Letter Addressed to Only Chief Justice
Not Individual Judge by Person Acting
Pro Bono Publico can be Treated as Writ Petition

Bandhua Mukti Morcha v. Union of India, AIR 1984 SC 802: 1984 Lab IC 560: (1984) 3 SCC 161

Facts: The petitioner was an organization dedicated to the cause of release of bonded labourers in the country. The petitioner made a survey of some of the stone quarries in Faridabad district near the city of Delhi and found that there were a large number of labourers from Maharashtra, Madhya Pradesh, Uttar Pradesh and Rajasthan who were working in these stone quarries under inhuman and intolerable conditions and many of whom were bonded labourers. The petitioner therefore addressed a letter to one of the Judges of the Supreme Court on 25 th February, 1982.

Issue: Release of bonded labourers from bondage who were languishing for about ten years in stone quarries.

Decision: The letter dated 25 th February, 1982 addressed by the petitioner was treated as a writ petition and by an Order dated 26 th February, 1982 the Court issued notice on the writ petition and appointed two advocates as Commissioners to visit the stone quarries and make report to the Court on or before 2 nd March, 1982. They submitted the report on the same date.

It is the fundamental right to every one in India, assumed under the interpretation given to Article 21 by the Court to live with human dignity, free from exploitation. This right under Article 21 derives its life breath from the Directive Principles of State Policy and particularly clauses (e) and (f) of Article 39 and Articles 41 and 42 and at the least, therefore, it must include protection of the health and strength of workers, men and women and of the tender age children against abuse, opportunities and facilities for children to develop in a healthy manner and in conditions of freedom and dignity.

 
 
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