Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

Referring also to its observation under the Convention the Committee notes the information and documentation provided by the Government.

1. The Committee noted that the MUKTI-NIKETAN submitted an "Alternate Scheme of Self-Development of the Released Bonded Labourers" in the Supreme Court of India on being invited to do so in a public interest litigation (writ petition No. 483 of 1987). The Committee notes the Government's information in its report that this petition is "sub judice". The Committee hopes that the Government will provide information on the outcome of this procedure. It would also appreciate information on other writ petitions before the Supreme Court and the State High Courts relating to bonded labour, in particular where questions of principle were involved.

2. In previous comments the Committee noted that during the discussions in the United Nations Working Group on Contemporary Forms of Slavery attention was drawn to the situation of children exploited as child prostitutes. It was alleged that these children were auctioned and sold like cattle, that there existed transit centres located near Agra, Saharanpur, Banaras, Calcutta, etc., certain regions being more "specialized" in girl child prostitution, others in homosexual trade.

The Committee expresses again the hope that the Government will provide information on these allegations and on any measures taken or contemplated to eradicate this form of forced labour and exploitation of children.

3. The Committee in its previous comments pointed out that the 1985 amendment to the Nagaland (Requisition of Porters) Act, 1965, did not modify the definition of "emergency" in section 2(a) of the Act which includes situations under which "movement of commodities, stores and equipment deemed essential to the life of the community or to the maintenance of the law and order or prevention of any threat to peace, to a place not connected by "'road' or rail is impeded for want of porters", or "movement of the Police Force, Assam Rifles or Units of the regular armed forces to a place not connected by 'road' or rail to deal with a breach of the peace, or any threat to law or order, is impeded for want of porters to carry any essential items of equipment and baggage". The Committee requested the Government to take further action to limit resort to the requisition of porters to cases where it is necessary to deal with a calamity or threatened calamity endangering the existence or the well-being of the whole or part of the population. The Committee notes the Government's statement that the state government has been advised to rescind the relevant provisions of the law so as to conform to the provisions of the Convention. The Committee hopes that the Government will provide information on the action taken.

4. In its previous comments the Committee noted the text of the Navy Act and extracts from the Army Act, the Army Rules, the Air Force Act and the Air Force Rules dealing with the discharge of persons governed by these instruments. The Committee requested the Government to supply information on the practical application of the relevant provisions concerning termination of service on the personnel's own initiative, including statistical data of cases where applications for discharge were not accepted, as well as on any link made between the length of service and the period of free education or training received during or prior to the service in the armed forces.

The Committee notes the statistics on permanent retirement in respect of officers in the Air Force and airmen during the years 1989 to 1991. The Committee also notes the Government's statement in its report that regulations governing termination of service on own initiative are confidential. The Committee would however hope that the Government will provide a copy of the provisions governing terms of service and discharge of officers and airmen, so that the Committee will be in a position to ascertain the situation in relation to the application of the Convention.

The Committee notes that information in regard to defence personnel in the navy and the army is being collected; the Defence Service Regulations, 1962, and the Navy Regulations are out of print, but efforts are being made to obtain these regulations for communication to the ILO.

The Committee hopes that the Government will provide the information in question.