Annual Report 2008-2009 S.No. Year No. of identified bonded labourers 1. 2003-2004 305 2. 2004-2005 281 3. 2005-2006 141 4. 2006-2007 146 5. 2007-2008 120 7.10 It is a well-known fact that the identification of bonded labourers and their enumeration is the first step in the entire process concerning their release and rehabilitation. Similarly, the role of Vigilance Committees is to regularly go to the field; keep eternal vigilance and surveillance as to what is happening in reality; take the help of good, reliable and committed NGOs, wherever essential and make sincere and determined efforts to identify the bonded labourers instead of sitting comfortably in their respective offices and taking altogether a pessimistic view on the issue. The District Magistrates and Sub-District Magistrates as Chairpersons of these Committees must provide the desired leadership and the required wherewithal for their proper functioning. 7.11 In addition, the constitution of a State Level Monitoring Committee is equally essential for monitoring the work of Vigilance Committees and in coordinating the role and responsibilities of a number of Departments (like Education, Home, Health, Industry, Information Technology, Labour, Law, Revenue, Rural Development, Social Welfare/Scheduled Castes/Scheduled Tribes Welfare, Urban Development, Women and Child Development). It was revealed by the Special Rapporteur, that currently the stand of the nodal Department with regard to the constitution of a State Level Monitoring Committee was not very positive. It would be ideal if the overall role, functions and importance of having such a Committee is perceived in a proactive way. 7.12 In the light of the directions given by the Apex Court in Neerja Chaudhury vs. Madhya Pradesh in W.P. (Civil) No. 1263 of 1982, (AIR 1984 SC 1099) that there should be constant check and supervision over the activities of the officials (assigned with the task of identification, release and rehabilitation of bonded labourers), the Special Rapporteur’s opinion was that at least one review should be conducted by the nodal Department in order to know the correct factual situation about the existence of bonded labour system in the State of Bihar. As of now, the State does not have any clue about the following:- whether Government functionaries and civil society organizations have actually conducted a survey and whether they have submitted reports to the concerned Executive Magistrates for pronouncing orders u/s 21(2) of the BLSA Act; - the total number of cases that have been registered, disposed off and those that are pending; - the total number of bonded labourers that have been released; 96

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