Observación (CEACR) - Adopción: 2012, Publicación: 102ª reunión CIT (2013)

Convenio sobre el trabajo forzoso, 1930 (núm. 29) - India (Ratificación : 1954)

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Articles 1(1), 2(1) and 25 of the Convention. Bonded labour. Magnitude of the problem. The Committee refers to its earlier comments in which it noted the allegations made by the International Trade Union Confederation (ITUC), based on findings from various research studies, that bonded labour in agriculture and in industries like mining, brick kilns, silk and cotton production, and bidi making was likely to be affecting millions of workers across the country. The Committee asked the Government on numerous occasions to undertake a national survey on bonded labour, with the involvement of the social partners and using any statistical methods it considers appropriate.

The Committee takes due note of the Government’s views expressed in its report that such a national survey cannot be done by using statistical tools/methodologies adopted for the purpose of collecting data on any issue on a macro basis. The Government considers that the issues relating to the identification of bonded labour are sensitive in nature, which requires that the interviewers have to collect information by interviewing the affected persons about the nature of exploitation and their service conditions, in order to be able to identify whether they fall in the category of bonded labour. The Government reiterates that it had provided grants to state governments for conducting district-level surveys of bonded labour, and that a large number of such surveys had been conducted by the state governments. In this regard, the Committee previously noted a detailed report on the survey conducted in the State of Gujarat, supplied by the Government. On the other hand, the Committee noted that the Government, in cooperation with the ILO, was about to undertake a detailed survey on the vulnerable groups of workers who often become victims of bonded labour.

While taking due note of the above information, the Committee trusts that the Government will see no difficulty in preparing a nationwide survey on bonded labour, in cooperation with the ILO and with the involvement of the social partners, by compiling the existing data from all the district-level surveys referred to above conducted by all state governments and using any statistical methodology that might be considered appropriate. The Committee hopes that the Government will soon be in a position to provide information on the progress made in this regard.

Vigilance committees

In its earlier comments, the Committee requested the Government to provide information on the measures taken to ensure the proper functioning and effectiveness of the vigilance committees established under the Bonded Labour System (Abolition) Act, 1976 (BLSA) by all state governments at the district and sub-divisional levels. The Committee notes the Government’s indications in its report that state governments are frequently requested to ensure that the vigilance committees hold their meetings on a regular basis, and that the National Human Rights Commission (NHRC), in collaboration with the Ministry of Labour and Employment, continues to organize sensitization workshops at various places in the states. The Government also indicates that, in the State of Gujarat, a Rural Labour Commissioner has been appointed by the State Government to look after the rehabilitation of bonded labourers in rural areas, and the District Labour Officer (Rural) is working as a member secretary in the vigilance committees of district and local levels. The Committee hopes that the Government will continue to describe, in its future reports, the measures taken or envisaged to ensure the proper functioning and effectiveness of the vigilance committees, including copies of the relevant reports, studies and inquiries.

Release and rehabilitation

The Committee previously noted that the NHRC had been involved in the supervision of the implementation of the BLSA and the Centrally Sponsored Scheme for rehabilitation of bonded labour victims, and that Special Rapporteurs had been appointed by the NHRC in order to make periodic visits to districts to assess the situation at the ground level. The Government indicates in its report that sensitization workshops are being held at various places by the NHRC in collaboration with the Ministry of Labour and Employment for the frontline staff and district functionaries. It also indicates that a special group constituted under the chairmanship of the Union Labour and Employment Secretary has continued to monitor the implementation of the BLSA and has held 21 meetings. The Committee notes with interest the updated statistics provided by the Government showing the increased numbers of bonded labourers identified and released (294,155) and rehabilitated (274,193) under the Centrally Sponsored Scheme up to 31 March 2012.

The Committee requests the Government to continue to provide, in its future reports, updated information on the measures taken to effectively implement release and rehabilitation programmes at the state level, including statistical information on the identification, release and rehabilitation of bonded labourers.

Measures to reduce vulnerability of workers to bondage situations

The Committee previously noted the information regarding the project “Reducing vulnerability to bondage in India through promotion of decent work”, which had been prepared by the Ministry of Labour and Employment, with the assistance of the ILO Special Action Programme to Combat Forced Labour (SAP-FL), which has the overall objective to reduce the vulnerability of workers to bondage situations in the brick manufacturing and rice mill sectors in Tamil Nadu by achieving a significant improvement in living and working conditions for women and men workers and their family members. The project established close collaboration between the federal Government, state governments, trade unions and employers of the concerned sectors in order to develop and implement a “convergence-based” approach for the prevention and reduction of vulnerability to bonded labour and for the extension of social protection to migrant workers. While a decision was taken to focus in the first instance on Tamil Nadu, the project was subsequently expanded to other states and is currently being implemented also in the States of Andhra Pradesh, Orissa, Uttar Pradesh, Jharkhand and Chhattisgarh. According to the Government’s report, an active social dialogue process is set in motion in the brick manufacturing sector with the involvement of employers, trade unions and officials from labour and factories departments. Thus, in Tamil Nadu, the project has been implemented since 2008 with the active involvement of the Ministry of Labour and Employment, the government of Tamil Nadu, Joint Action Forum of Trade Unions (JAFTU), employers’ organizations and civil society.

The Committee requests the Government to continue to provide, in its future reports, information on the application of the above project in practice, as well as information on other measures taken to reduce workers’ vulnerability to bondage, including information on the activities of the Task Force established by the Ministry of Labour and Employment and composed of members of the Ministry of Social Justice and Empowerment, the NHRC and the ILO, in order to consider various issues related to bonded labour, to which reference is made in the report.

Law enforcement. Bonded Labour System (Abolition) Act, 1976 (BLSA)

With regard to the issue of enforcement of the penalty provisions of the BLSA, the Committee notes the Government’s indication in its report that, in Karnataka State, 257 cases have been booked against employers/owners under the Act, of which 156 cases have been disposed and 101 cases are still pending trial. However, while having noted the Government’s repeated statement in its reports that the NHRC has been monitoring issues related to prosecutions and convictions under the above Act, the Committee notes from the Government’s latest report that no information concerning such prosecutions and convictions has been received by the NHRC from state governments so far. The Committee expresses the firm hope that the Government will not fail to provide, in its next report, information concerning the numbers of prosecutions and convictions, as well as specific criminal penalties which have been imposed on the perpetrators convicted under the BLSA, supplying copies of the relevant court decisions.

Child labour

The Committee notes with interest from the Government’s report that the Child Labour (Prohibition and Regulation) Act, 1986 (CLPRA) was amended in 2011, on the advice of the Technical Advisory Committee on Child Labour, to include two additional occupations where the employment of children is prohibited, thus bringing the total of prohibited occupations and processes under the Act to 18 occupations and 65 processes. It also notes the Government’s indication that it continues to carry out awareness-raising media campaigns (e.g. through electronic media like Doordarshan and All India Radio) on the effective implementation of the CLPRA. The Committee also notes the statistical information provided by the Government as regards inspections, prosecutions and convictions, both at the Central and State level. It notes, in particular, the Government’s indication that, during the period between 2009 and 2011, 22,468 prosecutions were launched and 2,896 employers were convicted under the CLPRA. As regards the strengthening of the legislative framework for protection of children, the Government indicates that the Draft Offences against Children Bill, 2006, which is supposed to cover all offences against children, has not yet been finalized. However, a draft Bill covering only sexual offences against children has been formulated and passed by the Rajya Sabha and the Lok Sabha (Upper and Lower House of Parliament) in May 2012.

The Committee requests the Government to continue to provide information on the application in practice of the CLPRA, including information on the specific penalties imposed in cases of convictions under the Act and supplying sample copies of the relevant court decisions. It also asks the Government to keep the ILO informed of the developments concerning the finalization and the adoption of the Draft Offences against Children Bill referred to above.

The Committee welcomes the updated information concerning the implementation of the National Child Labour Project (NCLP), which has been implemented by the Government in 266 districts across 20 states. Under the NCLP scheme, child labourers are identified, rescued and enrolled in special schools before being mainstreamed into the formal education system. The Committee notes the comprehensive statistical information supplied by the Government showing details of rehabilitation of child labourers under the NCLP scheme and under the State Child Labour Project scheme in the State of Karnataka, for the period from 2003 to 2012. As regards a convergence project launched by the Government in cooperation with ILO–IPEC (Converging against Child Labour: Support for India’s Model), which is aimed at the educational rehabilitation of victims of child labour and the economic rehabilitation of their families, the Committee notes the Government’s indication in its report that this project is being implemented in ten districts in five States (Bihar, Jharkhand, Madhya Pradesh, Gujarat and Orissa). The Project also seeks to develop strategies for migrant and trafficked children to re-integrate them with their families and to provide them with educational benefits. The Government indicates that the Ministry of Labour and Employment is taking various pro-active measures towards convergence between the schemes of different Ministries: (i) Ministry of Women and Child Development (for supplementing its efforts in providing food and shelter to the children withdrawn from work through their schemes of shelter homes, etc.); (ii) Ministry of Human Resources Development (for providing mid-day meals to the NCLP school children, teachers’ training, supply of books, etc., and mainstreaming of NCLP children into the formal education system); (iii) Ministries of Rural Development, Urban Housing and Poverty Alleviation (for covering these children under their various income and employment generation schemes for their economic rehabilitation). The Committee requests the Government to continue to provide information on the practical implementation of the above projects and the results obtained.

The Committee refers to its earlier comments in which it noted a communication dated 16 March 2010, received from the Dakshini Rajastan Majdoor Union (DRMU), which contained allegations concerning the situation of migrant workers, especially children, who are subject to compulsory labour practices in cotton production in India, particularly in the states of Gujarat, Andhra Pradesh, Maharashtra and Tamil Nadu. The Union alleged that, through the compilation of surveys of India’s major cotton producing states, it found that over 400,000 children are working in that industry alone. According to the allegations, migrant workers, particularly children are sought for these jobs especially because they can be paid rates lower than those required by minimum wages laws; there are many cases in which the children are not paid at all if poor working conditions or any other situation had compelled them to return to their villages before the end of the season. According to the DRMU, in most cases of child labour on cotton-seed farms, the children have been persuaded to market their labour by their friends and their families, who make the ultimate decision to send them for work; cotton field labourers work an average of nine to 13 hours per day, and most of them are never paid overtime for their work; their working and living conditions are visibly poor. The DRMU considered that measures to protect children and migrant workers in cotton production are not sufficient and, even if statistical data decreased in some areas, the practice continues to be common and widespread.

The Committee notes the comprehensive information provided by the Government in reply to the above allegations, and in particular, the information on various legislative, rescue and rehabilitation measures, as well as social protection, poverty alleviation and employment generation schemes implemented within the framework of the National Policy on Child Labour and in pursuance of the NCLP and other projects adopted at the national and state levels referred to above. The Committee notes the Government’s indication that manufacturing of cotton is not banned under the CLPRA, but is covered by the regulation part of the Act (Part III), which deals with the regulation of conditions of work of children. The Government also indicates that, with regard to the DRMU’s allegations, the governments of Tamil Nadu and Gujarat have informed that no complaints have been received regarding children subjected to compulsory labour practices in cotton-seed production farms in the districts concerned. However, an Integrated Child Protection Programme was launched in 2009 for a period of five years by the government of Tamil Nadu in cooperation with UNICEF with specific focus on child labour and for protecting the rights of children in cotton seed/cotton farming communities. The objectives of the programme include, inter alia, strengthening of child protection structures at district and Panchayat (village council) level, making available quality education for children of 6–14 years of age, enhancing access to service providers and social protection schemes for vulnerable families, and making available to all children essential preventive and promotive health and nutrition care services. The government of Gujarat has indicated that, as soon as any complaint is received, appropriate steps will be taken under the law by the Officers of the Labour Department and prosecutions could be launched against the owner of a cotton seed farm. The government of Karnataka has indicated that two projects have been launched at the District level in cooperation with UNICEF to rehabilitate children engaged in cotton seed farming, and that 846 child labourers from cotton fields have been rehabilitated so far.

While noting this information, the Committee requests the Government to provide, in its next report, information on the labour protection and rehabilitation measures taken to prevent children working in cotton production from engaging in hazardous work in Gujarat, Andhra Pradesh, Maharashtra and other states concerned, including statistics showing the numbers of child labourers rescued and rehabilitated and indicating whether prosecutions have been launched against perpetrators and the penalties imposed.

Prostitution and commercial sexual exploitation

The Committee notes with interest the comprehensive information provided by the Government concerning the implementation of the Ujjawala federal scheme on prevention of trafficking and rescue, rehabilitation and reintegration of victims of trafficking and commercial sexual exploitation. The Committee notes, in particular, that the Ministry of Women and Child Development has sanctioned 188 projects in 19 states under the scheme and that grants for setting up 96 protective and rehabilitation homes, with the capacity to accommodate 4,350 victims, have been given by the Government under the rehabilitation component of the scheme. The Committee also notes the Government’s indications concerning the work of the Central Advisory Committee (CAC) for preventing and combating trafficking of women and children for purposes of commercial sexual exploitation, which has been constituted by the Ministry of Women and Child Development with the participation of several other central ministries and which holds regular meetings at three month intervals. The Committee requests the Government to continue to provide, in its future reports, information on the implementation and impact of the Ujjawala federal scheme, as well as information about the work of the CAC, including any official reports assessing the effectiveness of its work and its impact in practice on combating trafficking in women and children for purposes of sexual exploitation.

Referring to its earlier comments, the Committee notes the Government’s indication in its report that the Immoral Traffic Prevention Bill, 2006, which has been drafted to amend the Immoral Traffic (Prevention) Act, 1956 (ITPA), with a view to widening its scope and providing for more stringent punishments for trafficking in persons, including children, is still under consideration. The Committee reiterates its hope that the Bill amending the ITPA will soon be adopted and that the Government will supply a copy of the new legislation, as soon as it is promulgated.

The Committee is also raising other points in a request addressed directly to the Government.