Demande directe (CEACR) - adoptée 1992, publiée 79ème session CIT (1992)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request:

1. Bonded labour. Referring to its observation under the Convention the Committee again requests the Government to provide information and documentation concerning the following points:

(a) The Committee requests the Government to indicate whether voluntary agencies such as the Bonded Liberation Front are involved in the programme of rehabilitation of freed bonded labourers, which other agencies are involved and, if so, in what manner.

(b) The Committee requests the Government to provide information on any steps or measures taken by the Union or State Governments as follow-up action to ascertain whether the freed bonded labourers are leading a free, normal existence or have again fallen back into bondage and to furnish any statistics in this regard.

(c) The Committee notes that the MUKTI-NIKETAN has 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 hopes that the Government will provide information on the outcome of the litigation including the text of the decision by the Supreme Court. 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.

(d) The Committee requests the Government to provide with its next report copies of the latest reports by the Commissioner on Scheduled Castes/Scheduled Tribes, by the National Commission on Rural Labour and by the Child Labour Technical Advisory Committee.

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

The Committee again requests the Government to provide detailed information on these allegations and on any measures taken or contemplated, including prosecutions, 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 noted the Government's renewed statement in its report for the period ending June 1989 that the Committee's comments had been brought to the notice of the State Government of Nagaland. It again expresses the hope that the Government will soon be in a position to indicate that the necessary action has been taken to amend the legislation so as to ensure the observance of the Convention.

4. In its previous direct request 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 noted the Government's statement in its report for the period ending 30 June 1989 that the Defence Service Regulations, 1962 and Navy Regulations are still under revision and will be communicated in due course. The Committee again requests 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. The Committee would appreciate communication of information 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.