In India Bond is illegal w.r.t employment
Querist :
Anonymous
(Querist) 24 February 2011
This query is : Resolved
Dear LD friends
As per the Indian Contract Act contracts entered between two parties if is one sided then such contract would be null and void. Most of the Bonds are one sided.
In India Bond is illegal w.r.t employment since as per the Indian Statute, bonded labor system was long abolished and no bond can force any person to work against the employees wishes.
Article 19 of Indian Constitution talks of fundamental rights, as per the Article 19 the Constitution the write work is a fundamental right, and under no circumstance does the Fundamental rights under Article 19 be waived by any person nor can any person be forced to do something that amounting to the violation of the rights mentioned under Article 19.
Let me know is this right or wrong my view.
Guest
(Expert) 24 February 2011
Better file a Public Interest Litigation (PIL) to challenge the system under Constitutional Law. I hop you will definitely win. That may also help several other bonded employees.
Deepak Shenoy
(Expert) 24 February 2011
Every person has a right to practice the profession of his choice ( legal) and all agreement which restrains this freedon is null n void. This provision is specifically provided in S.27 of Indian Contract Act.
Do agree with provision of Art. 19 of the constitution and both these provisions speak same and do not conflict with each other.
