Observación (CEACR) - Adopción: 1999, Publicación: 88ª reunión CIT (2000)

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

The Committee notes the Government's detailed responses contained in the report of 18 August 1999 and its annexes and also the report dated 5 November 1999 which responds to the matters raised by the International Confederation of Free Trade Unions (ICFTU) communications dated 23 September and 11 October 1999. The Committee further notes the Government's most recent information in its communication of 3 December 1999.

The three important topics of forced labour which are referred to in the above material concern bonded labour, and also the vulnerable position of children forced by dire economic and other factors to work in industries, occupations or processes in the formal and informal sectors, as well as children being used for prostitution purposes.

Bonded labour

1. The Committee notes that one of the controversial issues on this topic concerns the reliability of statistics on the number of bonded labourers in India. Criticisms have been made in the communication by Anti-Slavery International, transmitted by the ICFTU, stressing the necessity for a comprehensive survey to be carried out on bonded labour. In urging such action, Anti-Slavery International refers to the similar recommendation made by the United Nations Human Rights Committee at its Sixtieth Session (Geneva, 1997) in paragraph 29 of its report in which that Committee recommended that a "thorough study be urgently undertaken". The estimates given on the numbers of bonded labourers in India have varied from an estimated 10 million by Anti-Slavery International, to 5 to 10 million referred to by Employer members at the Eighty-Sixth Session of the International Labour Conference (Geneva, 1998), to 280,340 identified by the Government as at 31 March 1999.

2. The Government also stated that since the enactment of the Bonded Labour System (Abolition) Act, 1976, up to March 1999, 280,340 bonded labourers have been identified by the state governments, 243,375 have been released and rehabilitated, about 20,000 have either died or migrated to other parts and 17,000 are in the process of being rehabilitated. The Government also indicated that, out of 24,918 bonded labourers identified in Tamil Nadu, as of 31 March 1999, action has been initiated to release and rehabilitate 11,578 bonded labourers. The Government also refers to surveys conducted by state governments during October-December 1996 in pursuance of Supreme Court directions and to 23,916 bonded labourers identified. The Government indicates that its statistics are based on detailed surveys carried out by the state governments concerned, and that these are more authentic and realistic figures based on grass roots-level work.

3. The Committee recognizes that the compiling of accurate data can be difficult. It is rendered more difficult by the federal nature of government and the difficulties of coordination with local regions. There is also the problem that bonded labour is often hidden. The users make efforts to disguise its operation and the victims are sometimes so scared and oppressed that they are unwilling to admit its existence.

4. Whilst recognizing these difficulties, the Committee is also concerned about the disparity of statistics over the years and urges that the Government undertake a comprehensive survey using a valid statistical methodology to be also broken down by gender. The Committee encourages the Government to utilize the services of an independent body to assist in developing the methodology and conducting the survey. The Committee notes that the Government had previously performed the 1978-79 survey under the joint auspices of the Gandhi Peace Foundation and the National Labour Institute. The Committee emphasizes that accurate data are a vital step in both the development of the most effective systems to combat the problem of bonded labour as well as providing a true base for the assessment of effectiveness of those systems.

5. With regard to the initiatives taken by the Government to eradicate bonded labour throughout the country, the Committee notes from the Government's report that the action includes the following:

-- that during 1998-99, 5,960 bonded labourers have been rehabilitated under the centrally sponsored scheme in the States of Tamil Nadu, Uttar Pradesh, Bihar and Orissa;

-- that with regard to rehabilitation, there is a government proposal to grant Rs.20,000 as subsidy to each bonded labourer, which is now being processed in consultation with the Ministry of Finance. Further, other benefits are available under different anti-poverty programmes such as Indira Awas,Yojna, National Rural Employment Programme (NREP), Integrated Rural Development Programme (IRDP), and the old-age pension, etc. to assist freed bonded labourers for their effective rehabilitation;

-- that senior officials have been deputized to visit certain areas during August 1998 to February 1999 to review and monitor the progress made by the state governments in the implementation of the Bonded Labour System (Abolition) Act, 1976, and the Bonded Labour Rehabilitation Scheme, 1978. The Committee also noted the copies of instructions and guidelines given to officers of the state governments;

-- that review meetings were held regularly at the central level by the Ministry of Labour with the state government representatives, the latest of which was held in December 1998. At the December meeting, it was decided to conduct fresh surveys to identify bonded labour, to make various arrangements after identification, such as issuing release certificates, repatriation in the case of migrant workers, etc., and to formulate proposals for rehabilitation, as well as to initiate action against the employers under the provisions of the Act. State government representatives had been requested to ensure the constitution of vigilance committees at district and subdivisional levels, as required under section 13 of the Act, to convene such committee meetings regularly and to maintain close and constant surveillance on the occurrence and recurrence of bonded labour in their area. Further to that meeting, other meetings were held with state governments of Tamil Nadu, Bihar, and Uttar Pradesh in March and July 1999. In these meetings, state governments were advised to conduct periodic surveys through their existing machinery and also to indicate specific areas to be surveyed, the agencies to be selected and methodology to be adopted;

-- that the subject of bonded labour has been reviewed as a human rights issue by the Supreme Court of India, which by an order given on 11 November 1997 in Writ of Petition No. 3922/85, has directed the National Human Rights Commission to oversee and supervise the implementation of the Bonded Labour System (Abolition) Act, 1976, and the progress made by the state governments in this regard. In pursuance of this direction, a central action group was constituted in August 1998, under the chairmanship of a former Chief Justice of India. That group has held four meetings and has appointed special rapporteurs.

6. The Committee welcomes this information but at the same time observes that 20 years after the adoption of the Bonded Labour System (Abolition) Act, 1976, the system of bonded labour still exists and therefore enjoins the Government to continue to pursue its eradication with vigour.

7. The Committee asks the Government to:

-- send updated and detailed statistical information on the identification, the release and the rehabilitation of bonded labourers, as well as a copy of the periodic surveys conducted by state governments, particularly those mentioned above;

-- forward copies of the reports by the senior officials who reviewed and monitored the progress made by the state governments in the implementation of the legislation on bonded labour, as mentioned by the Government, so that the Committee may assess the situation and the efforts made at the different levels of government;

-- forward copies of the reports on the review meetings regularly held at the central level by the Ministry of Labour with the state government representatives, particularly the December 1998 meeting and any further meeting. In addition, the Committee also asks the Government to indicate how the application of the decisions taken at the December 1998 meeting are monitored, and what was the outcome, in practice, of the decisions to initiate action against employers under the Act and to ensure that these are effective and properly constituted vigilance committees, including some independent persons, at district and subdivisional levels;

-- forward copies of the reports on the meetings held with state governments of Tamil Nadu, Bihar, and Uttar Pradesh in March and July 1999;

-- communicate copies of any reports on bonded labour by the Human Rights Commission, the Central Action Group and the special rapporteurs appointed by them;

-- finally, following on its previous observation, the Committee again asks the Government to communicate details on measures and programmes pursued in cooperation with workers' and employers' organizations at the national and local levels.

Child labour

8. As regards child labour, the Committee notes the information in the Government's report, and in the communication by Anti-Slavery International transmitted by the ICFTU. It appears that the Government's response to the ICFTU observations do not address the issue of child labour. The Committee also notes information from the International Programme for the Elimination of Child Labour (IPEC) on the matter, and the Government's report to the UN Committee on the Rights of the Child (document CRC/C/28/Add.10, 7 July 1997).

9. The Committee takes note of the indications in the Government's report:

-- that with respect to industries, about 106,000 children have been identified as having been employed in hazardous industries. About 400,000 children have been employed in non-hazardous industries and been brought into formal systems of education as a rehabilitation measure;

-- that a notification was issued on 27 January 1999 to add six more occupations and 33 processes to the Schedule of the Child Labour (Prohibition and Regulation) Act, 1986, bringing the total to 13 occupations and 51 processes;

-- that 12 national child labour projects were started in Andhra Pradesh, Bihar, Madhya Pradesh, Maharashtra, Orissa, Rajasthan, Tamil Nadu and Uttar Pradesh as well as 76 projects, covering 150,000 children, under national child labour schemes;

-- that the Cabinet Committee on Economic Affairs (CCEA) on 20 January 1999 approved an increase in the national child labour projects from 76 to 100, which is anticipated to benefit about 200,000 working children through rehabilitation;

-- that during 1998-99, 130 projects were approved for coverage of 90,574 children. It also notes that the continuation of the national child labour projects for the duration of the Ninth Plan has been approved;

-- that the Government has initiated steps for giving effect to the directions of the Supreme Court in its judgement dated 10 December 1996 in Writ of Petition No. 465 of 1986. In this respect the Committee notes that the Supreme Court reiterated its earlier decision concerning free and compulsory education up to the age of 14 years and also directed that the employer who employed a child in contravention with the provisions of the Child Labour (Prohibition and Regulation) Act, 1986, shall pay as compensation a sum of Rs.20.000 per child to be deposited in a special rehabilitation fund.

10. The Committee welcomes the abovementioned actions and acknowledges the Government's statement that it is totally committed to the elimination of child labour, and that the efforts of the Government are to implement all child labour and other related laws in a sustained manner to prevent exploitation of children.

11. The Committee notes the indication in the Anti-Slavery International communication that many small production units - with fewer than ten persons where no electric power is in use, or fewer than 20 where electric power is used - are not subject to inspections under the Factories Act, 1948. Such units, for instance in "pappad" (appalam) production or in certain tanneries, employ children, directly or indirectly, and also as bonded labourers.

12. The Committee asks the Government to:

-- comment on the abovementioned Anti-Slavery International communication and also to indicate what measures have been taken to address child labour in the unorganized sectors, i.e. in small-scale units not covered by the Factories Act, in cottage industries, particularly in such occupations as are hazardous to the child;

-- report on an assessment of the impact of the Notification of 27 January 1999 extending the list of hazardous occupations and processes of the Schedule of the Child Labour (Prohibition and Regulation ) Act, 1986;

-- communicate copies of reports by the National Authority on Elimination of Child Labour, on actions taken to eliminate child labour, particularly child bonded labour;

-- provide information on how effect is being given to the directions of the Supreme Court in its judgement referred to above.

Prostitution and sexual exploitation

13. The Committee in its previous observations commented on the sexual exploitation of children. The Committee had noted that a survey had been entrusted to the Tata Institute of Social Sciences and that its results would be communicated to the ILO. The Committee notes the brief mention in the Government's report as to steps taken by state governments in preventing and combating the problem of prostitution, child prostitutes and children of prostitutes.

14. The Committee notes that the report of the Committee on the Rights of the Child refers to there being no reliable statistics available about the number of prostitutes - least of all about child prostitutes - and that "no estimates are available even about the number of child Devadasis and Joginis, though these systems have been traditionally in existence as a socially sanctioned form of exploitation of women, particularly those from lower socio-economic groups in the States of Karnataka, Maharashtra and Andhra Pradesh". It also notes that the Government has constituted a Central Advisory Committee to frame recommendations and a plan of action for the rescue and rehabilitation of child prostitutes.

15. The Committee asks the Government to provide full and detailed information on this issue, by communicating a copy of the abovementioned survey, by providing information on action taken with respect to child Devadasis and Joginis in the States of Karantaka, Maharashtra and Andhra Pradesh as well as a copy of the recommendations of the Central Advisory Committee, and information on the implementation of their plan of action concerning the rescue and rehabilitation of child prostitutes.

The Committee would appreciate a comprehensive and fully documented report by the Government on the abovementioned points.