Calcutta HC — In a powerful statement underscoring the judiciary’s role in upholding constitutional rights, the Calcutta High Court declared it “cannot be a silent spectator” to the alleged illegal detention and mistreatment of migrant workers from West Bengal by authorities in neighboring Odisha.
The court’s remarks came during a special hearing prompted by a habeas corpus petition filed by families of over 30 migrant laborers who were reportedly held in an industrial area in Balasore district of Odisha, under conditions amounting to involuntary servitude.
The Background: Bengal Migrants and Odisha’s Industries
Every year, thousands of seasonal laborers from Bengal’s districts like East Midnapore, South 24 Parganas, and Nadia migrate to neighboring states like Odisha and Jharkhand in search of work, especially during the lean agricultural season.
While many find employment in brick kilns, factories, and construction sites, labor unions and human rights activists have long warned of exploitative contracts, wage theft, and confinement—issues now brought into public scrutiny through this case.
Calcutta HC: The Legal Petition
The matter reached the Calcutta High Court when:
- A group of families in Tamluk, West Bengal, approached Banglar Adhikar Mancha, a rights-based legal advocacy group.
- They filed a habeas corpus petition, claiming their relatives were being illegally detained at a private compound in Balasore and denied communication or return.
- The petition alleged that the migrants were lured with fake job promises, then had their phones seized and were forced to work 16 hours a day without pay.
What the Calcutta High Court Said
Justice Abhijit Gangopadhyay, who heard the petition, issued a strong verbal order:
“This Court cannot remain a mute spectator when citizens of this state are denied liberty and dignity in another.”
The bench observed that while labor migration is legal, any detention or exploitation of Indian citizens, regardless of state boundaries, violates Articles 19 and 21 of the Constitution (freedom of movement and right to life and dignity).
The Court:
- Issued notices to the Odisha Chief Secretary and DGP
- Directed the West Bengal government to form a fact-finding team
- Ordered the National Human Rights Commission (NHRC) to submit an interim report within two weeks
What the Fact-Finding Report Reveals
According to preliminary findings by a team led by Bengal Labour Commissioner Ruchira Mitra:
- At least 34 laborers from Bengal were employed at a steel scrapyard in Balasore
- Their movement was restricted by guards
- No written contracts were issued
- They were paid ₹100–₹120 per day, far below the minimum wage
- Several suffered skin infections and dehydration due to poor working conditions
“This appears to be a case of bonded labor masquerading as private employment,” said Mitra during a media briefing.
Odisha Government’s Stand
In a statement, the Odisha Labour Department refuted charges of unlawful detention but admitted “some procedural lapses” in employer oversight.
A senior officer stated:
“There was no bar on their movement. However, we acknowledge overcrowding and improper record-keeping. Inspections have been ordered.”
Odisha also claimed that some workers chose to stay due to pending wages and job dependency.
Constitutional and Legal Implications
Legal experts say this matter highlights several constitutional and legislative failures:
- Violation of Article 19(1)(d) — Right to move freely throughout India
- Violation of Article 21 — Right to live with dignity
- Bonded Labour System (Abolition) Act, 1976 — Prohibits forced labor
- Interstate Migrant Workmen Act, 1979 — Mandates registration, fair wages, and mobility protections
“When one state’s citizen is exploited in another, federalism must not become a barrier to justice,” said senior advocate Soumya Sengupta.
Timeline of Key Events
| Date | Event |
|---|---|
| June 10 | Workers leave for Balasore from Haldia |
| June 12 | Families lose contact |
| June 15 | Local NGO files missing persons complaint |
| June 25 | Petition filed in Calcutta HC |
| July 5 | Court issues notice, NHRC joins case |
| July 10 | Initial fact-finding report confirms violations |
| July 15 | Scheduled hearing on Odisha’s compliance |
Public Reactions
The case has sparked widespread conversation in both states:
- Human Rights Watch India issued a statement condemning the “neo-feudal labor practices.”
- Local Bengal politicians accused the Odisha government of “turning a blind eye.”
- Several trade unions have called for a nationwide protocol on migrant worker protection.
The Migrants Speak
In a video testimony verified by authorities, one worker said:
“We were promised ₹15,000 a month. Instead, we were locked in, fed once a day, and told we couldn’t leave until three months were over.”
Another, speaking in Bengali dialect, added:
“They took our phones and said police would beat us if we ran. We were treated like machines.”
Larger Pattern of Exploitation
This is not the first such case:
- In 2021, 45 workers from Murshidabad were rescued from a kiln in Andhra Pradesh
- In 2023, 28 laborers from North Bengal were allegedly trafficked to Haryana and later abandoned
- According to National Crime Records Bureau (NCRB), over 1,500 labor exploitation complaints were filed involving interstate migrants in 2024 alone
Interstate Cooperation Challenges
Despite Supreme Court guidelines, coordination between state labor departments remains poor. Experts say:
- There’s no central real-time registry of migrant workers
- Monitoring of private contractors is weak
- Victims are often reluctant to file FIRs in unfamiliar states
“Interstate politics should not jeopardize citizens’ rights,” said activist Rina Banerjee.
External Links for Further Reading
- National Human Rights Commission
- Bonded Labour System (Abolition) Act
- Inter-State Migrant Workmen Act Details
- Ministry of Labour and Employment, GoI
What’s Next?
The Calcutta High Court is likely to:
- Demand rehabilitation and compensation for affected workers
- Call for a joint interstate monitoring task force
- Recommend standardization of interstate labor contracts
A full hearing is expected within the next 10 days, where Odisha must submit a detailed affidavit and NHRC will present a second status report.
Conclusion: A Call for Reforms
This case lays bare the grim reality faced by India’s migrant workforce — particularly from states like West Bengal, Bihar, and Jharkhand — who often fall through the cracks of federal governance.
As the judiciary steps in, there is hope that such cases will catalyze policy reform, administrative efficiency, and stronger worker rights frameworks. The stain of bonded labor and silent injustice must not linger in a nation that aspires to dignity and equality for all.
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