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Forced Labour Convention, 1930 (No. 29) - India (RATIFICATION: 1954)

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Observation

Direct Request

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Articles 1(1), 2(1) and 25 of the Convention. 1. Trafficking in persons. The Committee notes the Government’s statement, in its report, that the Trafficking of Persons (Prevention, Protection and Rehabilitation) Bill, 2018, lapsed in May 2019 due to the dissolution of the Lok Sabha (lower house of Parliament), but that a new Bill is in the process of being finalized for its introduction to Parliament. The Committee further observes that the Bharatiya Nyaya Sanhita Bill, 2023, introduced to the Lok Sabha in August 2023, aims at repealing and replacing the Penal Code and includes provisions defining and criminalizing trafficking in persons that are identical to sections 370 and 370(A) of the Penal Code, so far. The Committee notes the Government’s indication that states and union territories (UTs) have benefited from various advisories and guidelines to prevent and combat trafficking in persons, as well as from financial assistance in order to carry out regular awareness-raising activities, in particular for police officers, prosecutors and judges, and strengthen and set up new Anti-Human Trafficking Units (AHTUs). According to the Crime in India Report from the National Crime Records Bureau (NCRB), in 2021, 768 AHTUs were functioning in the country and, so far, 20 states and UTs have achieved the target of setting up AHTUs in all districts. The Committee further notes that, in April 2022, the National Commission for Women (NCW), a statutory body of the Government, launched an Anti-Human Trafficking Cell in order to effectively tackle cases of trafficking in persons, raise awareness among women and girls, enhance capacity building and training of AHTUs and increase responsiveness of law enforcement agencies. In that regard, the Committee notes that, in the context of its annual meeting held on 17 August 2022, the Nodal Officers of AHTUs highlighted that officers dealing with trafficking in persons issues often lack awareness and training and at times fail to register cases of trafficking in persons under relevant sections of the Penal Code resulting in ineffective prosecutions and convictions of perpetrators. On that occasion, the Nodal Officers indicated that it is essential to provide adequate training and resource material on a periodic basis to officers and to strengthen cooperation by establishing interstate channels of communication. Referring to the Crime Multi-Agency Centre (Cri-MAC), a national level communication platform launched in March 2020 to facilitate dissemination of information about cases of trafficking in persons and enable interstate coordination, the Nodal Officers indicated that the use of Cri-MAC application needs to be encouraged amongst law enforcement agencies of all states and UTs. In that regard, the Committee notes that, according to the Crime in India report, in 2021, 2,189 cases of trafficking in persons, involving 6,533 persons were registered, 5,755 persons were arrested and 64 persons were convicted. As regards victims of trafficking in persons, the Committee notes the Government’s statement that, from 2018 to 2020, more than 16,400 victims of trafficking have been rehabilitated and reintegrated into society, in the framework of the Ujjawala Scheme for Prevention of Trafficking and Rescue, Rehabilitation and Reintegration of victims of trafficking for commercial sexual exploitation.

Noting the measures taken by the Government,the Committee requests it to pursue its efforts to raise awareness and strengthen the capacity of law enforcement officers and prosecutors to adequately identify and address cases of trafficking in persons, conduct effective investigations and prosecute perpetrators, and to provide information on the activities of the Anti-Human Trafficking Units and the Anti-Human Trafficking Cell in that regard. It further requests the Government to provide information on any development regarding the Trafficking of Persons (Prevention, Protection and Rehabilitation) Bill, 2022, and the Bharatiya Nyaya Sanhita Bill, 2023. Pending the adoption of any new provisions on trafficking in persons, the Committee requests the Government to provide information on the number of investigations, prosecutions and convictions related to trafficking in persons handed down under sections 370 and 370A of the Penal Code, both for purposes of sexual and labour exploitation, indicating the specific penalties applied to perpetrators, as well as the number of victims of trafficking identified, rehabilitated and reintegrated into society.

2. Forced labour in the garment sector. The Committee recalls that the Sumangali scheme (marriage assistance scheme for girls and young women) applies to fixed term labour arrangements for young women, mainly dalit (scheduled castes) and tribal girls from remote and rural areas between the ages of 15–25 years, employed in spinning mills in Tamil Nadu. Under this scheme, a significant portion of the wage is withheld until workers complete their tenure of the contract which ranges from three to five years. The Committee notes the Government’s general indication that the state of Tamil Nadu has assured that necessary enforcement activities are being undertaken in coordination with the Directorate of Industrial Safety and Health (DISH) in the textile mills located in the area of Tiruppur. The Committee requests the Government to provide information on the concrete measures taken and enforcement activities implemented in order to ensure that all female workers are protected from practices amounting to forced labour in textile mills in Tamil Nadu.