The Supreme Court directed that immediate financial assistance admissible under the Rehabilitation Scheme should ordinarily be disbursed within seven days of issuance of the release certificate, subject to necessary verification. The concerned authorities must prepare an individual rehabilitation plan and initiate applicable rehabilitation measures within 90 days of rescue. The two periods run from different events: issuance of the certificate for immediate assistance and rescue for the plan and initiation of measures.
Release certificate and immediate assistance
Upon identification of bonded labour, the competent authority must undertake the necessary inquiry without delay and ordinarily issue the release certificate within 24 hours of the determination. Statements must be recorded with appropriate safeguards. Release certificates and information about rehabilitation entitlements must be made available in a language understood by the rescued persons.
The seven-day period applies to immediate financial assistance admissible under the Rehabilitation Scheme and is subject to necessary verification. Immediate assistance must not be withheld merely because an investigation or criminal proceedings remain pending, where the applicable scheme's requirements are otherwise satisfied. The direction therefore retains the scheme requirements and verification condition while addressing withholding based merely on pending proceedings.
Individual rehabilitation after rescue
Within 90 days of rescue, the concerned authorities must both prepare an individual rehabilitation plan and initiate the applicable rehabilitation measures. The direction sets a deadline for initiating those measures, not for completing every measure within that period. The concerned District Magistrates must facilitate access to livelihood opportunities and benefits available under existing Central and State welfare schemes for released bonded labourers.
District Vigilance Committees must periodically review rehabilitation for at least one year following release. Their review must place particular emphasis on preventing re-exploitation and ensuring effective reintegration into society.
Rescue across State boundaries
Where rescue and repatriation involve different States, the rescuing State must ensure timely issuance and transmission of release certificates and other relevant records. The receiving State must facilitate verification and rehabilitation. No eligible bonded labourer may be deprived of assistance because of administrative differences between the concerned States.
Every State and Union Territory must designate a nodal officer and establish an effective mechanism for inter-State coordination within six months. These directions assign responsibilities to both the rescuing and receiving States.
Children and grievances
In cases involving children, the concerned authorities must ensure compliance with applicable child protection laws and facilitate access to education, medical care, counselling and other rehabilitative measures. The procedure must be sensitive to children's age and circumstances, and necessary assistance must be provided without avoidable delay.
Every district must designate an officer responsible for receiving and addressing grievances about non-issuance of release certificates, delayed financial assistance and rehabilitation benefits. Such grievances should ordinarily be resolved within 30 days.
Scheme revisions and monitoring
The Union of India must take an appropriate decision within three months on proposed revisions to the Rehabilitation Scheme, including enhancement of immediate financial assistance and simplification of rehabilitation procedures. The proposals also cover clarification of responsibilities in inter-State cases and interim subsistence assistance where rehabilitation benefits are delayed. Until revisions are brought into effect, disbursement continues to be governed by the applicable scheme.
Both writ petitions remain pending before the Court for monitoring compliance and issuing further directions as necessary. The Court directed that the matters be listed after seven months for consideration of compliance reports and further directions.
This is general information, not legal advice.
