Annual Report 2009-2010 and weaker sections of the society. They agree to render service to the creditor in lieu of a debt. At times, several generations work under bondage for the repayment of a paltry sum, which had been taken by some remote ancestor, o�en at usurious rates of interest. This is an unequal exchange system which in its totality represents one of the worst violations of basic human rights and a disgrace to the dignity of labour. 6.24 Absence of stable and durable avenues of employment leads to unemployment and under-employment and denial of minimum wages notified by the Government in respect of a scheduled employment. Other than this, the pernicious practice of payment of wages in kind forcing the labourer in a monetized economy to approach a moneylender for loan/debt/ advance in cash to defray a number of household expenses, landlessness and assetlessness, caste hierarchy, landless and assetless families being forced to migrate from one part of the country to another in search of alternative or be�er quality jobs with higher wages at the destination point and in the process ge�ing into bondage at that point due to (a) faulty system of advances; (b) usurious rate of interest on the amount advanced; (c) faulty system of adjustment of wages with the amount advanced; (d) loss of freedom to leave the worksite in the face of persisting advance; (e) pervasive ignorance, illiteracy and social backwardness; (f) lack of organization on the part of debtors to bargain for what is just, fair and equitable; and (g) lack of alternative means of cheap credit for ceremonial, consumption and development purposes are responsible for the origin, perpetuation and reinforcement of bonded labour system. 6.25 The bonded labour system is not a one time or one occupation phenomenon. It may occur and recur at any point of time in any industry, occupation or process. Prevalence of the system is dependent on the relationship which occurs at the workplace between the employer and the employee. If the relationship is just, fair and equitable based on dignity, decency, equality and freedom there is no cause for worry. If instead the relationship is based on extortion, torture, expropriation and exploitation, all the excitement and joy associated with work is lost and the worker is reduced to the level of a serf. 6.26 The issue of ‘bonded labour’ came to the forefront at the national level when it was included in the old 20-Point Programme announced to the nation by the then Prime Minister on 1 July 1975. Therea�er based on the constitutional provisions, ‘The Bonded Labour System (Abolition) Ordinance’ was promulgated and was replaced by ‘The Bonded Labour System (Abolition) Act, 1976’. 6.27 The Act provides for punishment for compelling any person to render any bonded labour. It also provides for (a) punishment for advancement of bonded debt; (b) punishment for extracting bonded labour; (c) punishment for omission or failure to restore possession of property of bonded labourers; and (d) abatement. The Act provides for appointment of Executive Magistrates for trial of all such offences and provides for vesting them with powers of a Judicial Magistrate, first or second class for summary trial of all offences under the Act. 6.28 Several important judgements have been pronounced in public interest litigations which were admi�ed as a Writ Petition by the Supreme Court under Article 32 of the Constitution. NHRC 97