Observación (CEACR) - Adopción: 1994, Publicación: 81ª reunión CIT (1994)

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

The Committee notes that no report has been received from the Government. The Committee has however taken note of the information provided by the Government to the Conference Committee in 1993 and of the discussion which took place in the Committee.

In its previous comments the Committee referred to the situation in law and in practice concerning the abolition of bonded labour.

The Committee notes the Government's statement to the Conference Committee that a high level of awareness exists about the problem of bonded labour. The will of the Government and of the people to eradicate this problem can be seen in the existence of legislative provisions banning debt bondage, effective follow-up executive action, judicial remedies, discussion in Parliamant and in state legislatures, adequate publicity given by the media and the voluntary agencies active in this field.

The Committee recalls that in its previous comments it referred to identification, release and rehabilitation of bonded labourers as well as to the role of vigilance committees, enforcement of law, the possible institution of an authority on bonded labour, and to child bondage. The Committee took into consideration the report by the National Commission on Rural Labour (1991), the report by the Commissionner on Scheduled Castes and Scheduled Tribes (1987-1989) and the Programme of Action against child bondage adopted at the Asian Regional Seminar on Children in Bondage (23-26 November 1992).

Identification

The Government referred in 1992 to circular instructions highlighting the need to undertake fresh efforts for identification, in particular through household surveys, censuses, and intensive studies in stone quarries and brick kilns.

The Committee notes the Government's statement to the Conference Committee that the recommendations of the National Commission on Rural Labour have been forwarded to the ministries and departments of the central Government for examination in consultation with state governments who were also provided with copies for examination and implementation. Progress was reviewed periodically. The Government indicated that a meeting held by the Union Minister of State for Labour with the labour secretaries from the states where the problem of bonded labour is endemic concluded that a new survey of bonded labour should be carried out in those states and that they should endeavour to complete the study by September 1993.

The Committee requests the Government to provide information on the results achieved as well as a copy of any such surveys when completed.

The Committee also notes from the report by the National Commission on Rural Labour that in the following non-agricultural occupations bonded labour elements have been noticed but have not been adequately covered by surveys and studies: stone quarries, migrant labourers, brick kilns, Joginis and Devadasis, fishermen, building and road construction labour, forest labour, bidi workers, carpet weavers, potters, weavers, head loaders, child labour in match and fireworks industries, carpet weaving etc. The Committee requests the Government to provide information on any studies or surveys made in these activities and on the number of bonded labourers identified, released and rehabilitated. It hopes that the Government will furnish a copy of any such studies or surveys.

Role of vigilance committees

The Committee noted previously that the report of the National Commission on Rural Labour indicated that most vigilance committees had not been constituted or reconstituted or had not been active as meetings were not held regularly and their functioning had not been monitored. The Committee expressed the hope that the Government would take action so as to be able to monitor the existence and functioning of vigilance committees and provide information on their work, including any initiatives taken by them or suggested to the state governments to ensure that these committees function effectively and contribute to the abolition of bonded labour.

The Committee notes that the Government has referred to the following information made available by some states:

Gujarat: (19 district level and 44 subdivisional vigilance committees constituted; a state level screening committee established for scrutinizing); Maharastra: (out of 31 district and 106 subdivisions: 27 district-level and 19 subdivisional committees constituted); Uttar Pradesh: (out of 63 districts and 294 subdivisions: 54 district-level and 220 subdivisional committees constituted); Karnataka: (vigilance committees have been constituted in districts where there is concentration of bonded labour: 9 out of 20 districts. An information system was set up to keep a close watch on rural areas to identify bonded labour; the committees headed by district magistrates are composed, among others, of representaives of scheduled castes, scheduled tribes, social workers, non-official agencies and financial institutions); Haryana: (out of 16 districts and 39 subdivisions: 12 district-level and 35 subdivisional committees).

The Committee hopes that the Government will be in a position to provide information on the functioning of these committees and on the effective implementation of the competences entrusted to them by the Bonded Labour System (Abolition) Act, 1976, for the identification, liberation and rehabilitation of bonded labourers.

The Committee also requests the Government to provide information on the establishment of vigilance committees and their functioning in the states of Andra Pradesh, Bihar, Madhya Pradesh, Orissa, Rajasthan and Tamil Nadu.

Rehabilitation

The Committee notes that in its statement to the Conference the Government representative referred to rehabilitation grants which are land based, non-land based and skill-craft-based. The Government indicated that the Act provided for restoration of property to bonded labourers after their release.

The Committee observes that it has referred previously to the different rehabilitation grants and their integration into other poverty alleviation programmes. The Committee noted that the National Commission on Rural Labour pointed to shortcomings, such as the considerable time-lag between liberation and rehabilitation and poor follow-up on rehabilitation leading to misery and relapse into bondage; non-integration of the rehabilitation schemes with other anti-poverty schemes; poor quality of land in the land-based scheme; no rehabilitation attempt for migrant bonded labourers either in the state in which they work nor in their state of origin, etc. The National Commission stressed the need to improve rehabilitation measures qualitatively and to rectify the shortcomings. It proposed for instance that the scheme of rehabilitation be chosen in consultation with the beneficiary and be well planned; lands be of reasonably good quality in the case of land-based schemes; the rehabilitation grant be given in full and the maximum amount be increased; the jurisdiction banks be directed to provide consumption loans, since the predominant cause for lapsing into bondage is indebtedness largely for consumption needs; legal provisions be made for restoration of lands belonging to the bonded labourers but usurped by moneylenders and bigger landowners on account of loans given at exorbitant rates of interest.

The Committee hopes that the Government will provide information on measures taken or envisaged to improve the quality of rehabilitation, taking into consideration the proposals by the National Commission on Rural Labour.

The Committee notes the statistics provided by the Government concerning the numbers of bonded labourers identified and those rehabilitated and the targets for 1993-94. The Committee notes that in certain states large numbers of identified bonded labourers still are to be rehabilitated. Thus, in the State of Andhra Pradesh, out of 35,934 bonded labourers identified, 25,753 have been rehabilitated and 10,181 still remain to be rehabilitated but regretfully the tentative target for rehabilitation during 1993-94 is only 1,000.

The Committee hopes that the necessary measures will be taken to accelerate the identification and rehabilitation of bonded labourers. The Government may also consider channelling its rehabilitation measures through voluntary agencies having field experience and working at grass-root level.

In relation to the involvement of such voluntary agencies, the Committee notes that certain state governments have provided information to the central Government: some have indicated that the involvement proved not necessary, or was not effective; others mentioned that assistance was requested from some voluntary agencies in the identification process and that the results achieved were impressive. The Committee notes the Government's opinion that the involvement of trade unions would prove to be unworkable since most bonded labourers are found in the unorganized sector.

The Committee requests the Government to provide further information as regards the situation in those states where the involvement of voluntary agencies was found by the state governments not to be necessary or not effective. It requests the Government to provide information on the number of bonded labourers still in bondage, the number of bonded labourers identified and released and the number of those rehabilitated in these states.

Proposal for the institution of a national authority on bonded labour

In its previous comments the Committee noted that the Government did not envisage at this stage following the recommendation of the National Commission on Rural Labour to set up a national authority on bonded labour. The Committee had noted that a Bill to establish a Commission on Human Rights was being submitted to Parliament and considered that this Commission might be entrusted with questions concerning bonded labour.

The Committee notes that a National Human Rights Commission has been established in October 1993 under the Protection of Human Rights Act, 1993. Its scope of activity is however limited to violations of human rights committed by agents of the State and does not extend to violations by private individuals, companies, etc.

The Committee recalls that forced labour, and in particular, bonded labour, is, in practice, mostly exacted by private individuals, companies, etc. The Committee requests the Government to provide information on any measures envisaged to extend the competences of the Commission accordingly or to establish a National Commission on Bonded Labour.

Enforcement

The Committee noted in its previous comments from the report of the National Commission on Rural Labour that there had been very few prosecutions against persons keeping labour in bondage. The National Commission stressed that the process of identification and release and bringing of criminal proceedings should, as far as possible, be simultaneous activities, and made a certain number of proposals to improve the situation.

The Committee notes the Government's statement to the Conference Committee that criminal prosecution had to be based on due process of law and could not be done within artificial time-limits. The Committee would like to know how much time is required by due process of law under national conditions in order to file a criminal prosecution.

Noting that the Act abolishing the bonded labour system was adopted in 1976 and referring to the National Commission on Rural Labour's assessment, the Committee requests the Government to provide detailed information on the measures taken to ensure due process of law. The Committee recalls that under Article 25 of the Convention, the illegal exaction of forced or compulsory labour shall be punishable as a penal offence, and the Government must ensure that penalties imposed are really adequate and strictly enforced. Noting also that the penal sanctions provided by the Act of 1976 include, besides prison of up to three years, a rather meaningless fine up to 2,000 rupees, the Committee hopes that the Governemnt will provide information on measures taken to ensure the effective punishment of offenders indicating, in particular, the number of proceedings and of convictions as well as penalties imposed since the Act of 1976 was brought into force.

Children in bondage

In its previous comments the Committee referred to allegations brought before the United Nations Subcommission on Prevention of Discrimination and Protection of Minorities that children were in bondage in agriculture, brick kilns, stone quarries, carpet weaving, handlooms, matches and fireworks, glass bangles, diamond cutting and polishing; that child bondage and forced labour were connected with trafficking, kidnapping, repression, absence of freedom of movement, beating, sexual abuse, starvation, abnormal working hours and hazardous working conditions.

Children are required to work beyond their physical capacity, in occupations endangering their health, their safety, their physical and psychological development, for long working hours which interfere with their education, recreation and rest, mostly for less than meagre wages not commensurate with the quantum of work done; children work in conditions of exploitation which bear no resemblance to a free employment relationship. They are exploited because they are young and helpless, they are deprived of the right to lead a normal childhood, deprived of education, deprived of a future.

The Committee noted that the Asian Regional Seminar on Children in Bondage (23-26 November 1992), in which India participated, had formulated and adopted a Programme of Action against child bondage. According to this programme, the struggle against child bondage requires a firm political commitment - a clear and unambiguous declaration against bondage - a comprehensive national policy and a programme of action covering legislative reforms, effective enforcement and a system of compulsory and free education, sustained by community mobilization and information campaigns.

The Committee notes that the legislative action plan, included in the National Policy on Child Labour adopted in 1987, aims inter alia at enforcing the legislative provisions of the Child Labour (Prohibition and Regulation) Act, 1986, the Factories Act 1948 and the Mines Act 1952; provides that the Government will bring forward legislation to delete the provision contained in the Minimum Wages Act allowing different wages to be fixed for children, adolescents and adults. The Committee hopes that the Government will provide the text of any provisions adopted to this effect. Noting also that the plan specifies that the central and state inspection machinery will be geared up, the Committee hopes that the Government will provide information on the results achieved in the detection of forced labour exploitation of children through improved labour inspection, and on the number of cases of forced labour exploitation of children noted.

Noting also the information contained in the International Programme on the Elimination of Child Labour (IPEC) Implementation Report (1992-93), that the Government is considering an amendment under which employers would have to pay the same minimum wage to a child as to an adult, the Committee requests the Government to provide information on any measures adopted to this end.

The Committee notes from the same report that there is an increased awareness among central and state governments and legislatures, as well as the media, on the issues related to child labour and that trade unions also have begun to take interest in the question. The Committee also notes the statement by the Government to the Conference Committee that in 1993 the National Child Labour Advisory Committee had identified two national projects for the complete elimination of child labour in one year. A programme of training of labour inspectors had been initiated in cooperation with IPEC which was to cover 600 inspectors. The Committee would like to know what steps have been taken towards implementation of the two national projects identified as above.

The Committee requests the Government to provide detailed information on the results achieved through the aforementioned initiatives. The Committee notes the Government's indication that for the purpose of identification and rehabilitation by the machinery set up for this purpose no distinction is made between bonded child labour and bonded adult labour. Given however the particular vulnerability of children and their specific needs, the Committee would request the Government to provide information on any specific measures taken or envisaged for their identification, release and rehabilitation.

The Committee trusts that the Government will provide a comprehensive report on the situation of children in bondage, on goals defined and strategies adopted as well as on measures of implementation (including surveys, studies, statements, etc.). Law enforcement requires the political will of the Government to provide the necessary means for effective action. The Committee hopes that the Government will provide information on inspections carried out, and their results, on prosecutions made and penalties imposed.

[The Government is asked to report in detail for the period ending 30 June 1994.]