Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

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

The Committee notes a communication dated 16 March 2010, received from the Dakshini Rajastan Majdoor Union (DRMU), which contains observations on the application of the Convention by India and, in particular, allegations concerning the situation of migrant workers, especially children, who are subject to compulsory labour practices in cotton production in India. The Committee notes that this communication was sent to the Government in June 2010 for any comments it might wish to make on the matters raised therein. The Committee requests the Government to provide, in its next report, information in this regard.

Articles 1(1), 2(1) and 25 of the Convention. Bonded labour. Magnitude of the problem. The Committee previously noted the Government’s indication in its 2008 report that since the enactment of the Bonded Labour System (Abolition) Act, 1976 (BLSA), 287,555 bonded labourers had been identified, of whom 267,593 had been rehabilitated. It also noted from an International Trade Union Confederation (ITUC) communication received in 2008 that, despite the Government’s efforts in combating forced and bonded labour, findings from research studies showed 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 has noted the Government’s repeated indication in its reports that statistical tools or methodologies used to collect macro or aggregated data are inappropriate for a survey 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. The Committee also notes a detailed report on the survey conducted in the State of Gujarat, supplied by the Government. Finally, the Committee notes that the Government, in cooperation with the ILO, will be undertaking 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 expresses the firm hope that the Government will soon be in a position to undertake a national survey on bonded labour, in cooperation with the ILO and with the involvement of the social partners, using any statistical methods it considers appropriate and, as far as practicable, the existing data from all the district-level surveys referred to above. The Committee asks the Government to provide, in its next report, information on the progress made in this regard. The Committee also asks the Government to continue to provide copies of all available reports of the district-level surveys conducted by state governments.

Vigilance committees

In its earlier comments, the Committee expressed concern about the effectiveness of the vigilance committees established under the BLSA. The Committee has noted the Government’s repeated statement in its reports that all state governments have confirmed that vigilance committees have been constituted at the district and subdivisional levels and that the meetings are being held regularly. The Government also indicates that sensitization workshops have been organized in the states by the National Human Rights Commission (NHRC) in collaboration with the Ministry of Labour and Employment. The Committee therefore hopes that the Government will continue to take the necessary measures to ensure the proper functioning and effectiveness of the vigilance committees, and that it will provide, in its next report, information on the progress made in this regard, including copies of any relevant reports, studies and inquiries.

Release and rehabilitation

The Committee notes the Government’s indication in its report that a special group chaired by the Union Labour and Employment Secretary has continued to monitor the implementation of the BLSA and has held 18 region-level meetings with state government participation so far. The Government also indicates that the NHRC has been involved in the supervision of the implementation of the BLSA and the Centrally Sponsored Scheme (CSS) for rehabilitation of bonded labour victims, and that Special Rapporteurs have been appointed in order to make periodic visits to districts to assess the situation on the ground. The Special Rapporteurs’ reports are studied by the NHRC and follow-up action has been initiated. Finally, the Committee notes the information provided by the Government as regards recent statistics on identification, release and rehabilitation of bonded labourers under the CSS up to 31 March 2010.

While noting this information, the Committee encourages the Government to pursue its efforts towards the release and rehabilitation of bonded labourers and 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 notes the detailed information provided by the Government as regards the measures it has been adopting with the objective of reducing vulnerability to bondage. It notes, in particular, the information regarding the project “Reducing Vulnerability to Bondage in India through Promotion of Decent Work”, which has been prepared by the Ministry of Labour and Employment, with the assistance of the ILO Special Action Programme to Combat Forced Labour (SAP–FL). The overall objective of the project is to reduce 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. In addition to Tamil Nadu where the pilot project has been operational since July 2008, the project is currently supporting the States of Andhra Pradesh and Orissa to develop and implement their state plans of action. The Committee further notes the Government’s indication that the project establishes close collaboration with 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.

The Committee finally notes the detailed information provided by the Government as regards 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. The Committee hopes that the Government will continue to provide information on the measures taken to reduce workers’ vulnerability to bondage, including information on the implementation and impact of the above project carried out with ILO assistance.

Law enforcement

With regard to the issue of enforcement of the penalty provisions of the BLSA, the Committee notes the Government’s brief indication that the NHRC has been receiving information from state governments and has been monitoring issues related to the prosecution and conviction under the above Acts. While noting the Government’s statement that further information on prosecutions and convictions is available at the NHRC, the Committee reiterates its hope that the Government will provide, in its next report, information concerning the numbers of prosecutions and convictions, as well as specific criminal penalties which have actually been imposed on employers of bonded labourers convicted under the BLSA, supplying copies of the relevant court decisions.

Child labour

With regard to the implementation of the Child Labour (Prohibition and Regulation) Act, 1986 (CLPRA), the Committee notes the Government’s indication that, on the advice of the Technical Advisory Committee on Child Labour, the Act was amended in 2008 to include one additional occupation and eight additional processes where employment of children is prohibited. It also notes the Government’s indications that it has carried out awareness-raising meetings and media campaigns on the effective implementation of the CLPRA. The Committee further notes the statistical information provided by the Government as regards inspections, prosecutions and convictions. It notes, in particular, the Government’s indication that, in the period between 1997 and 2008, from a total of 23,223 convictions under the CLPRA, imprisonment sanctions have been imposed on employers in five cases, while fines have been imposed in the remaining cases.

While noting the above information with interest, the Committee hopes that the Government will continue to take the necessary measures to strengthen its law enforcement mechanisms in order to effectively implement the CLPRA. It also asks the Government to continue to provide information on the specific penalties imposed in cases of convictions under the Act, including copies of the relevant court decisions. The Committee requests the Government once again to provide information on the status of the Draft Offences against Children Bill, 2006.

The Committee notes the information concerning the implementation of the National Child Labour Project (NCLP) provided by the Government. It also notes the adoption of the Right to Education Act, 2009, which entitles children to have the right to education enforced as a fundamental right. The Government states in its report that, through this Act, it is expected that the constitutional obligation of educating children, combined with social schemes like midday meals in schools and rural employment guarantee schemes, will have a positive impact on combating the root causes of child labour. The Committee further notes the Government’s indication as regards the launching of a convergence project, in cooperation with ILO–IPEC, on the educational rehabilitation of victims of child labour and the economic rehabilitation of their families. The Committee hopes that, in its next report, the Government will provide more detailed information concerning this project and its implementation.

Prostitution and commercial sexual exploitation

The Committee notes the Government’s indication in the report that the Immoral Traffic Prevention Bill, 2006, which has been drafted to amend the Immoral Traffic (Prevention) Act, 1956 (ITPA), is still under consideration with a view to widening its scope and providing for more stringent punishments for trafficking in persons, including children. It also notes the Government’s indication that a number of measures are being taken by the Ministry of Labour and Employment in order to rescue, repatriate and rehabilitate child victims of trafficking and a detailed protocol has been issued as a guideline to be followed by state governments on this issue. The Committee reiterates its hope that the Bill amending the Immoral Traffic (Prevention) Act, 1956 (ITPA), will soon be adopted and that the Government will supply a copy of the new legislation, as soon as it is promulgated.

With regard to the Ujjawala federal scheme on prevention of trafficking and rescue, rehabilitation and reintegration of victims of trafficking and commercial sexual exploitation, the Committee notes the Government’s indication that 58 rehabilitation homes, with capacity for 2,900 victims, have been set up under the scheme. The Government also provides information on the organization of the Central Advisory Committee (CAC) for preventing and combating trafficking of women and children for purposes of commercial sexual exploitation. The Committee hopes that the Government will continue to provide, in its future reports, information about the work of the CAC and nodal authorities, including any official reports assessing the effectiveness of their work and its impact in practice on trafficking in women and children for purposes of commercial sexual exploitation. Please also continue to provide information on the implementation and impact of the Ujjawala federal scheme.