For a 28-year-old youth, it will be a happy reunion with his mother who was allegedly kept as a bonded labourer and treated cruelly for nearly two months, thanks to a Madras High Court order.
“This is a pathetic case,” wrote the Bench of Justices K.N. Basha and P. Devadass, in its order on a Habeas Corpus Petition (HCP) by the woman’s son.
Pointing out that it was painful to note that only after the receipt of notice on the HCP that the Thiruppananthal Police in Thanjavur district took steps to go to the brick kiln run by those who took the woman away, fetch her and produce her before the court, the Bench said that hereafter, police officers should be vigilant and careful in dealing with matters in respect of offences under the Bonded Labour System (Abolition) Act by taking appropriate action swiftly and promptly as such allegations of bonded labour were serious. Counsel for petitioner K. Balamurugan of Ariyalur district said that the detenu, Chinnakunji alias Thamizharasi (48), a widow, was taken away on April 25 by K. Raja and four others to work at the brick kiln at Papanasam. They did not allow her out of the premises. She was treated cruelly and beaten up several times. She was not given any food.
The police complaint was filed on April 25. Another complaint was sent to the Thanjavur Superintendent of Police. No action was taken.
Following a complaint, Judicial Magistrate 2, Kumbakonam, directed the police to take action. The police did not even register a case. As per the complaint, cognisable offences had been made out, including the offence under the Bonded Labour System (Abolition) Act.
The prosecutor said that on receipt of complaint, the police had given the CSR number and taken action.
Justices Basha and Devadass said it was “very unfortunate and painful to note” that in spite of the specific allegation made in the complaint by Mr. Balamurugan, the Thirupananthal police had not taken action. Cognisable offences had been made out. “It is curious to note that even after fetching the detenu, the police had not even thought it fit to register the FIR.”
When the woman was produced, she told the court that she was paid Rs.15,000 and taken to the brick kiln.
Setting the woman at liberty and permitting her to go to her son’s house to reside with him the Bench made it clear that it was the police’s responsibility to take her safely and carefully and entrust her to her son’s custody. It directed the police to register an FIR and bring to the Collector’s notice about the case for taking appropriate action in view of the alleged offences under the Bonded Labour System (Abolition) Act.
