CHENNAI: In what can be counted as one of the landmark judgments, the Villupuram Special Court (exclusive trial of cases registered under SC/ST Prevention of Atrocities Act) recently pronounced a maximum imprisonment of three years under the Bonded Labour System (Abolition) Act. Interestingly, the span between the trial to judgment was also of a shorter duration – 7 months.
But, this particular case goes beyond the judgment itself, as it could very well be the first time in India that a case of bonded labour has been given the maximum imprisonment under the BLSA Act.
The 2024 case stands as a testimony of how multiple government departments can work together to bring justice to a couple from the Irula community in Gingee of Villupuram.
For forcing bonded labour on a tribal couple Masi (55) and M Govindhammal (45) along with their daughter, son-in-law and grandchildren between 2022 and 2024, the Sessions Judge A Packia Jothi on March 30 sentenced three years rigorous imprisonment to the accused, who was running a brick kiln business in Salem.
The court convicted the accused, S Selvakumar (42) from Vazhappadi taluk under different provisions of Bharatiya Nyay Sanhita (BNS), BLSA Act and the POA Act.
The multiple provisions included one year imprisonment under Section 146 BNS, three years rigorous imprisonment under the TN Prohibition of Harassment of Women Act, three years rigorous imprisonment each under Sections 16, 17, and 18 of the BLSA Act and one year imprisonment under the POA Act, Section 3 (1) (h). Selvakumar has also been fined Rs 5,000.
Commenting on the sentence, Madras HC advocate Roseann Rajan, and an expert consultant for 15 years on human trafficking cases in India, said, “The verdict is encouraging. A fair trial was conducted in a shortest timeline. Also, it is the first case where a trial court in India has awarded three years imprisonment under all of the three sections charged on the accused under bonded labour.”
Roseann, who has assisted the district administrations across India with over 150 rescue operations on human trafficking for labour, piped in: “The timespan of the trial (seven months and 29 days) is particularly crucial as it prevents victims from returning to bonded labour. Because the Central Sector Scheme for rehabilitation under the Ministry of Labour and Employment allows monetary settlement for rehabilitation (initially Rs 30,000) and larger amounts only after the conviction.”
The ordeal of working at a brick kiln in Salem began for Masi’s family after they borrowed Rs 60,000 for their daughter’s wedding in 2022. The couple has 4 daughters, and all of them lived in the Irular Colony of Konai village in Gingee taluk.
Speaking to DT Next, Masi said, “We borrowed Rs 60,000 from Selvakumar as advance for the wedding. He urged us to work at his brick kiln to repay the debt. We worked there for three years. But, the conditions were far less than we anticipated.”
Masi added that Selvakumar failed to make arrangements for shelter, water and food during their work as bonded labour at the facility. The family was forced to work despite sustaining injuries. “He would pay us anywhere between Rs 500-Rs 1,000 for the family expenses for a week. We weren’t allowed outside and were forced to eat stale food on most days,” he added.
However, in June 2024, the family returned to their village after informing Selvakumar. But, the peace did not last long for the family. In September 2024, Selvakumar forcefully took Govindhammal back to Salem.
Revisiting the horror she faced, Govindhammal said, “Months after we left Salem, Selvakumar came looking for us on September 5, 2024. But, as my husband was away from home that particular day, he forcefully took me back to work at the brick kiln. He verbally abused me and claimed that we have not paid off his debt, and forced me into labour.”
A quiet and agreeable man, Masi was shocked to discover that his wife had been taken back to Salem. Rather than becoming forlorn and helpless, Masi decided to take the legal route and government’s help to bring her back.
Coincidentally, on September 6, 2024 a legal aid camp was set up in Konai village to educate and aid the public. Masi reported his case to R Poornima, the then Principal District Judge (PDJ) and chairperson of District Legal Services Authority (DLSA), Villupuram.
Realising the seriousness of the case, the PDJ immediately transferred Masi’s complaint to the then chairman and Permanent Judge of Villupuram Legal Aid, AKA Rahman.
Narrating the role of legal aid, the retired judge Rahman said, “The legal aid took up the case with extreme caution. We had the paperwork ready by 6 pm on September 6. Swiftly after, we contacted the then Villupuram Superintendent of Police Deepak Siwach to rescue Govindhammal. And, the police team in turn contacted the Salem police for coordination.”
The speed of the police investigation and report work, by the legal aid helped Villupuram police to rescue Govindhammal within just six hours, said former judge Rahman, calling it “excellent police work”.
As per court order, Govindhammal was rescued and Selvakumar was arrested on September 7, 2025 at 12 in the midnight.
While the couple were rescued, thanks to the proactive and efficient work of legal aid and Villupuram police, it was time for the Labour Department to play their part. As the couple were rescued, they were still due on rehabilitation and compensation.
But, like the effective work of other departments, the Labour department too had worked strenuously, at least close to a month to help the couple get justice, in terms of finance.
S Meenakshi, the former labour assistant commissioner of Villupuram, said, “It was a hectic task to get release certificate from Salem labour officials, as the couple was rescued at midnight by the police without the presence of revenue or labour officials. Since many departments had worked together, we stood firm in getting the documents, which is pivotal in court and rehabilitation.”
Former Villupuram SP Siwach said, “Both the legal aid and police were on their toes regarding this case. We’re glad the investigation and evidence presented to the court were helpful.”
Subsequently, VV Thirumal, former Villupuram Additional Superintendent of Police, who was the nodal officer of the case, was deeply appreciative of the co-operation of Salem police in rescuing Govindhammal. “We followed the orders of higher-ups. However, quick thinking of all departments resulted in the judgment,” he added.
Furthermore, calling the judgment a milestone and setting a tone for bonded labour cases across India, Kandasamy Krishnan, convener of National Adivasi Solidarity Council (NASC) said, “This case is an example of handling bonded labour cases, for India and not TN alone. And, we collectively welcome the verdict. The government is still not addressing the root cause of bonded labour. Weddings are a primary reason for these vulnerable people to be forced into labour. Hence, more awareness and policy implementations are a need of the hour. The government should move towards proactive mode from reactive mode.”