Observation (CEACR) - adoptée 2018, publiée 108ème session CIT (2019)

Convention (n° 29) sur le travail forcé, 1930 - Inde (Ratification: 1954)

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Observation

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The Committee notes the observations of the International Trade Union Confederation (ITUC) received on 1 September 2018.

Articles 1(1), 2(1) and 25 of the Convention. 1. Bonded labour. Monitoring mechanisms and effective implementation of the legislative framework. The Committee previously noted that the Bonded Labour System (Abolition) Act, 1976 (BLSA) establishes penalties for compulsion to render bonded labour, advancement of bonded debt and enforcement of any custom, tradition, contract, agreement or other instrument requiring any service to be rendered under the bonded labour system.

The Committee notes the ITUC’s observation that endemic levels of debt bondage in the brick kiln industry affect a huge number of people, including children, with at least 125,000 functioning brick kilns in India employing an estimated ten to 23 million workers. The model of employment, including recruitment and payment systems in brick kilns, underpin the cycle of forced labour, trapping workers in bonded labour, year after year. The ITUC further observes that there is a consistent failure to implement the BLSA and that the district officials and the police regularly refuse to recognize bonded labour cases and fail to take appropriate action to release workers and prosecute offenders.

The Committee notes the Government’s information in its report that from 2006 to 2015, the vigilance committees in the states conducted 1,321 raids and a total of 3,704 cases of bonded labour were registered across India. Out of these cases, 2,408 cases were finalized without convictions and 267 cases with convictions, while 1,029 cases are still pending. It notes from the data collected by the National Human Rights Commission (NHRC) that the most number of cases of bonded labour was registered in the Union Territory of Delhi (992), and in the States of Maharashtra (796), Odisha (727), Tamil Nadu (366), Andhra Pradesh (284), Karnataka (260) and Uttar Pradesh (214). The Committee also notes the Government’s information that in the State of Gujarat, the vigilance committees in the 26 districts and 111 prants (provinces) hold regular meetings under the chairmanship of the Collector and District magistrate. In 2017, 38 such meetings were held. The Government further provides information on the various measures taken by the State Government of Tamil Nadu, including: (i) the rescue and rehabilitation of 276 bonded labourers from April 2017 to March 2018; (ii) the development of a Standard Operating Procedure (SOP) for the identification, release and rehabilitation of bonded labour; and (iii) the carrying out of sensitization and training programmes on bonded labour for state officials. The Committee finally notes the Government’s information that the Centrally Sponsored Scheme for Rehabilitation of Bonded Labourers has been revised and renamed as the Central Sector Scheme for Rehabilitation of Bonded Labourers, 2016. Under this scheme, the financial assistance to rescued bonded labourers has been increased. It also provides for the creation of a Bonded Labour Rehabilitation Fund at the district level by each State which grants immediate help to rescued bonded labourers. Moreover, the Committee notes from the report submitted by the Government under the Abolition of Forced Labour Convention, 1957 (No. 105), that under this scheme a total of 292,355 freed bonded labourers have been rehabilitated. The Committee strongly encourages the Government to continue to take the necessary measures to ensure that the provisions under the Bonded Labour System (Abolition) Act, are strictly and effectively enforced and adequate penalties are imposed on persons who involve others in bonded labour, in particular in the brick kilns. It requests the Government to provide information on the measures taken in this regard as well as the number of prosecutions, convictions and penalties applied to perpetrators of bonded labour, including in respect of the 1,029 cases that are still pending. The Committee requests the Government to continue to provide information on the number of bonded labourers identified, withdrawn and rehabilitated, including through the Central Sector Scheme for Rehabilitation of Bonded Labourers, 2016. It also requests the Government to continue to provide information on the functioning and effectiveness of the vigilance committees in abolishing bonded labour, especially in Delhi, Maharashtra, Odisha, Tamil Nadu, Andhra Pradesh, Karnataka and Uttar Pradesh.

Magnitude of the problem. In its previous comments, the Committee noted the Government’s indication that it had provided grants to state governments to conduct district-level surveys of bonded labour and that a large number of such surveys have already been conducted.

The Committee notes the Government’s information in its report that financial assistance to the states for conducting the surveys on bonded labour has been enhanced and that proposals in this regard have been received from the States of Rajasthan, Chhattisgarh, Madhya Pradesh and Sikkim. The Committee requests the Government to take the necessary measures to ensure that statistical information on the nature and trends of bonded labour is made available through compiling the data collected from all the state-level surveys. The Committee trusts that the Government will provide information without delay on the magnitude of the problem of bonded labour in the country.

2. Trafficking in persons. In its previous comments, the Committee noted the adoption of the Criminal Law (Amendment) Act No. 13 of 2013, which criminalizes trafficking in persons for the purpose of sexual exploitation under sections 370 and 370A of the Criminal Code and establishes sanctions of imprisonment and a fine. It also noted that amendments to the Immoral Traffic (Prevention) Act, of 1956 (ITPA) were still under consideration. Moreover, it noted the various measures taken by the Government to prevent trafficking of persons, including the Ujjawala Scheme for Prevention of Trafficking and Rescue, Rehabilitation and Reintegration of victims of trafficking for commercial sexual exploitation, as well as the measures taken to protect migrant workers, particularly women domestic workers.

The Committee notes the Government’s indication that the Trafficking of Persons (Prevention, Protection and Rehabilitation) Bill, 2018, will be introduced in the forthcoming session of the Parliament for approval. The Committee notes that this Bill provides for the prevention, rescue and rehabilitation of trafficked persons and establishes stringent penalties, including confiscation, attachment and forfeiture of properties of persons convicted for offences related to trafficking of persons. With regard to the implementation of the Ujjawala Scheme, the Government indicates that, within this scheme, 270 projects are functioning in the country, including 148 rehabilitation homes and a total of 5,522 victims of trafficking are currently benefiting from this scheme.

The Committee further notes from a report of the National Human Rights Commission, 2017, that a Standard Operating Procedure (SOP) for Combating Trafficking in Persons was developed. The SOP provides for a step-by-step guidance to anti-trafficking professionals and other stakeholders involved in the identification, rescue, investigation, rehabilitation and reintegration of victims and the prosecution of the accused. The Committee notes, however, that according to a document entitled “Draft Policy on Rehabilitation and Combating Trafficking of Women and Children of the Government of the National Capital Territory, 2018”, the problem of trafficking of women and children for the purpose of sexual exploitation, which is prevalent at various levels such as local, inter-district, inter-State and cross-border, has assumed alarming proportions in recent years. According to the National Crime Records Bureau, trafficking of minor girls, has surged 14 times over the last decade. The Committee therefore urges the Government to strengthen its efforts to prevent and combat trafficking in persons, paying special attention to the situation of women and girls, and to take measures to ensure that all persons who engage in trafficking in persons are subject to thorough investigations and prosecutions, and that sufficiently effective and dissuasive penalties are applied in practice. The Committee encourages the Government to continue to take measures to provide appropriate protection and assistance to victims of trafficking, including through the Ujjawala Scheme. Lastly, the Committee expresses the firm hope that the Trafficking of Persons (Prevention, Protection and Rehabilitation) Bill, 2018, will be adopted in the near future. It requests the Government to provide information on any progress made in this regard.

3. Culturally sanctioned practices involving sexual exploitation. In its previous comments, the Committee noted the prevalence of the devadasi system, a culturally sanctioned practice in certain states of India, 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 engage in sexual activities with community members under duress. It also noted several laws which criminalize this practice, including: the Karnataka Devadasi (Prohibition of Dedication) Act, 1982; the Maharashtra Devadasi Prohibition Act, 2005, and the Devadasi Prohibition Rules, 2008; and the Andhra Pradesh Devadasi (Prohibition of Dedication) Act, 1988. Moreover, the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Ordinance (No. 1) of 2014, makes it an offence to perform or promote dedicating a scheduled caste or a scheduled tribe woman to a deity, idol, object of worship, temple or other religious institution as a devadasi or any other similar practices. The Committee further noted the information provided by the Government on the various rehabilitation programmes and measures implemented in the States of Karnataka, Maharashtra and Andhra Pradesh in order to assist ex-devadasis and their children. The Committee urged the Government to take the necessary measures to bring an end to the devadasi system in practice.

The Committee notes the Government’s indication that the State Government of Maharashtra has established the District Devadasi Practice Control Committees in 34 districts of the state. Moreover, the State Government, through the Women and Child Development Department has been organizing various programmes and schemes to encourage NGOs to prevent the practice of the devadasi system as well as to implement various public awareness measures for the rehabilitation of identified devadasis and their children.

The Committee notes, however, that according to a study conducted in collaboration with ILO, entitled “Gender based violence on Scheduled Caste girls: A rapid assessment of the Devadasi practice in India”, 2015, the devadasi system is prevalent mainly in the States of Karnataka, Andhra Pradesh, Telangana and Maharashtra. This report also makes a reference to the One-man Commission report of 2013 which estimated that about 450,000 devadasis are spread over many states of India. The Committee further notes that according to the press release of 25 September 2017 of the National Human Rights Commission of India, legal notice has been issued to the Governments of Tamil Nadu and Andhra Pradesh over allegations of the continuation of the practice of the devadasi system. The Committee once again notes with concern the persistence of this culturally sanctioned practice involving sexual exploitation. The Committee therefore urges the Government to take the necessary measures to bring an end to the devadasi system in practice, including through enforcement of the legislation adopted in the different states. It requests the Government to continue to provide information on the measures taken in this regard and the results achieved in terms of the number of women and girls that have been withdrawn and rehabilitated. Lastly, the Committee requests the Government to provide information on the number of investigations, prosecutions and convictions concerning the practice of devadasi, as well as the specific penalties imposed, including copies of the relevant court decisions.

4. Forced labour of children. Legislative framework. Further to its previous comments, the Committee notes with interest that the Government has enacted the Child Labour (Prohibition and Regulation) Amendment Act, 2016, (CLPRA 2016) which came into force on 1 September 2016. The Committee notes that this Act contains provisions prohibiting the employment of children below 14 years of age in any occupation and the employment of children and adolescents under 18 years of age in hazardous occupations and processes. It also establishes strict penalties for the violation of these provisions. With regard to the implementation of the CLPRA 2016, the Committee notes the Government’s information that in 2017, 266,891 inspections were carried out, 1,711 violations were identified, and 1,227 prosecutions and 683 convictions were made. In 2018, 125,429 inspections were carried out, 139 violations were registered, and 73 prosecutions and 174 convictions were made. The Committee also takes due note of the detailed information provided by the Government on the various measures, including legislative, awareness-raising, monitoring, rescue and rehabilitation measures taken by the Governments of Gujarat, Tamil Nadu and Maharashtra to eliminate forced child labour, in particular in the cotton industry. Finally, the Committee welcomes the ratification by the Government of India of the Minimum Age Convention, 1973 (No. 138), and the Worst Forms of Child Labour Convention, 1999 (No. 182), in June 2017. The Committee requests the Government to provide information on the application in practice of the Child Labour (Prohibition and Regulation) Amendment Act of 2016 in its first report on the application of Convention No. 182 for India.

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