CMNT_TITLE

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

Other comments on C029

Observation

Direct Request

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Articles 1(1), 2(1) and 25 of the Convention. Culturally sanctioned practices of child prostitution linked to trafficking for the purpose of commercial sexual exploitation. The Committee previously noted a communication received in 2007 from the International Trade Union Confederation (ITUC), which had referred to a culturally sanctioned practice known as “devadasi”, under which lower caste girls were dedicated to local “deities” or objects of worship and once initiated as “devadasi” were sexually exploited by followers of the “deity” within the local community as they grew up. The Committee noted that the “devadasi” system constituted forced labour within the meaning of the Convention, since girls were dedicated as “devadasi” without their consent and were subsequently compelled to provide sexual services to the community under duress. Moreover, that practice was linked to the problem of trafficking in girls for commercial sexual exploitation. The Committee also noted that “devadasi” ceremonies and rituals had been legally banned: the practice had been formally prohibited after Independence, and the States of Karnataka and Andhra Pradesh enacted the Devadasi (Prohibition of Dedication) Acts during the 1980s, which provided for fines and terms of imprisonment for those responsible for dedications. However, the Committee noted that, despite the prohibition, the “devadasi” system and its regional variations continued to exist in practice.

The Committee notes from the Government’s report that, in the State of Karnataka, in order to reinforce the existing legislative provisions combating these practices, the Karnataka Devadasis (Prohibition of Dedication) Act, 1982, was amended in 2010 to insert provisions empowering the District Magistrate or Executive Magistrate to issue prohibitory injunctions against offenders and giving the District Magistrate more powers, including punishment of persons involved. Section 3B of the amended Act provides for rehabilitation of rescued women and section 3C prescribes the offence as cognizable and non-bailable. The Government indicates that, after the amendment has come into force, steps have been taken to create awareness among the law enforcement authorities regarding the amended provisions. Besides, the Government of Karnataka has taken various rehabilitation measures, such as, for example rehabilitation programmes implemented by the Karnataka State Women Development Corporation, which include, inter alia, wide publicity against these practices through awareness camps, health camps and various programmes; providing loans to ex-“devadasi” women to take up various income-generating activities; pension schemes for ex-“devadasis”; and construction of houses for ex-“devadasis” under special development programmes.

The Committee further notes from the Government’s report that, in the State of Maharashtra, the Devadasi Prohibition Act, 2005, and the Devadasi Prohibition Rules, 2008, have been adopted. The Government of Maharashtra has informed that converting girls as “devadasi” is considered equivalent to trafficking under the Immoral Trafficking Prevention Act (ITPA), and that Home Department of Maharashtra has been requested to issue suitable directions to police officers to enforce the provisions of the ITPA for the rescue of “devadasis” on the same lines as rescue of girls trafficked for commercial sexual exploitation. The rescued “devadasis” are rehabilitated in various protection homes/shelters run by the Government and NGO’s under the Ujjwala scheme (prevention of trafficking).

The Committee also notes a report on the rehabilitation of “devadasis” prepared by the Social Welfare Department, Government of Andhra Pradesh, appended to the Government’s report, which contains statistics on the rehabilitated women by region and indicates the various rehabilitation measures, such as, for example the provision of social security pensions, assignment of land, conducting of education programmes, provision of house sites, as well as skill development and training programmes.

While noting this information with interest, the Committee would appreciate it if the Government would continue to provide, in its future reports, information on the various measures taken to combat the “devadasi” system, including the law enforcement measures focusing on the link between the “devadasi” system and the practice of trafficking in girls for commercial sexual exploitation. Please continue to provide information on prosecutions and the penalties imposed on perpetrators, including sample copies of the relevant court decisions.