Bandhua Mukti Morcha case

Polity & Governance glossary

Also called: Bandhua Mukti Morcha v. Union of India · Topic: Judiciary: Independence, Structure, Judicial Review and Activism · NCERT: Class 11, Ch 6 "Judiciary"

Meaning

Bandhua Mukti Morcha v. Union of India (1984) was an early public interest litigation (PIL) case about bonded labour. Bonded labour means people forced to work to pay off a debt. Justice P.N. Bhagwati held that when the poor come to court, the court should not treat the case as a fight between two sides (an adversarial approach). Instead it should take a non-adversarial approach and work actively to find the facts and help them. The case is a landmark of judicial activism.

Example

The petition was about bonded labourers working in stone quarries in Haryana. These workers could not have gone to court on their own, so a public-spirited organisation filed the case for them.

Don't confuse with

  • Hussainara Khatoon case (1979): that PIL was about Bihar undertrials and the right to a speedy trial. Bandhua Mukti Morcha was about bonded labour.

Related concepts

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