Observation (CEACR) - adopted 1998, published 87th ILC session (1999)

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

1. In its previous observations, the Committee has examined several aspects of the application of Articles 1(1) and 2(1) of the Convention, relating in particular to the issue of bonded labour, especially of children; and including the question of penal sanctions for the illegal exaction of forced or compulsory labour, as required by Article 25 of the Convention. The Committee has noted the detailed discussion of this issue in the Conference Committee in 1998, in which the importance of obtaining better information as to the extent of the illegal bonded labour was underlined, as was the need for more effective enforcement measures. Special concern was again expressed as to the bonded labour and sexual exploitation of children.

2. The Government's report was received by the Office shortly before the Committee's session in November 1998. The report acknowledges the seriousness of the problem, but places it in the context of India's developing economy, with widespread unemployment, poverty and illiteracy. It provides copies of judgements of the Supreme Court relating to bonded labour, particularly as concerns the continuing problem of the lack of reliable information from the central and state Governments, and certain statistics of inspections carried out and bonded labourers rehabilitated. It refers to the role of the National Human Rights Commission and district-level vigilance committees. The Government says that trade unions have not played a leading role in respect of this problem so far, although it would welcome their involvement -- as it does that of voluntary agencies. The Government also replies to the Committee's previous direct request.

3. The Committee has noted further the comments of the National Front of Indian Trade Unions (NFITU), which stresses the adverse effects of economic liberalization and globalization in terms of shortage of work and the willingness of the poorest to submit to any kind of pressure to secure some employment. It calls for a huge effort to combat the causes of forced or compulsory labour, which lie in socio-economic injustices exacerbated by unrestricted population growth, and also for heavy punitive measures to enforce the laws.

4. The Committee recalls the longstanding dialogue on this Convention both through its own comments and in the Conference Committee. It welcomes the more detailed information provided by the Government, although because of the report's late arrival the Committee has not had the opportunity to examine the details as it would wish. The Committee also notes with interest, with regard to the Government's and the NFITU's reference to the more general unemployment problem, that India has ratified the Employment Policy Convention, 1964 (No. 122), thereby committing itself to the declaration and pursuit of a policy of full, productive and freely-chosen employment.

5. The Committee intends to return in particular to a consideration of the judgements referred to at its next session. In the meantime, it reiterates its view, echoed by the Conference and the Government, that cooperation with the ILO's International Programme for the Elimination of Child Labour (IPEC) offers a real opportunity to address the problems of application of the Convention as regards children. It hopes the Government will send further statistical information as it becomes available concerning bonded labour, as well as details of measures and programmes pursued in cooperation with workers' and employers' and other organizations at the national and local levels. It looks forward also in due course to information as to the development, perhaps in cooperation with the responsible advisory services of the ILO, of a national policy in terms of Convention No. 122 which includes the goal of free choice of employment as well as the abolition of forced or compulsory labour. It requests the Government to provide any available new information in time for its next session.

[The Government is asked to report in detail in 1999.]