Solicitud directa (CEACR) - Adopción: 2009, Publicación: 99ª reunión CIT (2010)

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

Articles 1 (paragraph 1), 2 (paragraph 1), and 25, of the Convention. Culturally sanctioned practices of child prostitution linked to trafficking for purposes of commercial sexual exploitation. In its previous direct request the Committee noted the 2007 communication from the International Trade Union Confederation (ITUC), referring to a culturally sanctioned practice known, among other things, as “devadasi”, under which lower caste girls are dedicated to local “deities” or objects of worship and once initiated as “devadasi” are sexually exploited by followers of the “deity” within the local community as they grow up. The Committee hoped that in its next report the Government would comment on the information about this practice contained in the communication of the ITUC, bearing in mind the terms of Articles 1(1), 2(1) and 25 of the Convention. The Committee notes that no such comment has been received from the Government thus far.

The Committee previously noted the following indications contained in the ITUC’s communication referred to above:

–           The devadasi system constitutes forced labour within the meaning of the Convention, since girls are dedicated as devadasi without their consent and are subsequently compelled to provide sexual services to the community under duress.

–           Research has also revealed that the practice is increasingly linked to the problem of trafficking in girls for commercial sexual exploitation.

–           Devadasi ceremonies and rituals have been legally banned – the practice was formally prohibited after Independence, and the States of Karnataka and Andhra Pradesh enacted Devadasi (Prohibition of Dedication) Acts during the 1980s.

–           Existing legislation provides for fines and terms of imprisonment for those responsible for dedications, but no penalties are prescribed for those who sexually exploit the devadasi.

–           Although during the 1990s legal prohibitions appeared to have little effect, police action in the late 1990s was effective in discouraging devadasi dedications. However, research has not identified any instances of prosecutions against procurers of girls or performers of dedications under the terms of the Acts.

–           The devadasi system and its regional variations continue to flourish and have not been abandoned despite constitutional provisions and legislation prohibiting the practice.

–           While some progress has been made in reducing the practice, this success has led to a degree of official complacency, particularly in relation to dedications linked to the commercial sex industry.

–           There is an urgent need for awareness-raising among teachers, health workers, local officials and police, as well as greater engagement and commitment of state and local authorities.

–           Self-help groups and non-governmental organizations have been effective in raising awareness among the devadasi and in providing assistance, but their capacity needs to be strengthened, and their effectiveness depends on a corresponding sensitization of law enforcement officials.

The Committee notes from the 2007 Human Rights Manual for District Magistrates, published by the National Human Rights Commission (NHRC), that the devadasi system is linked to the practice of trafficking in girls for commercial sexual exploitation. It also notes, in particular, that this practice, which is a part of the wider devadasi system, is widely prevalent in parts of the country, known by local names such as Jogin, Jogati, Basavi, Mathamma in Andhra Pradesh, Maharashtra and Karnataka. Most of the people subjected to such exploitation are from scheduled castes and scheduled tribes. Some of the states, such as Andhra Pradesh, have passed enactments prohibiting such practices and providing for punishment of those who abet such practices.

The Committee also refers in this connection to the 2008 concluding observations of the UN Committee on Economic, Social and Cultural Rights in relation to the implementation by India of the International Covenant on Economic, Social and Cultural Rights (E/C.12/IND/CO/5, paragraph 25), in which the UN Committee expressed its deep concern about the lack of progress achieved in eliminating the devadasi system and other traditional practices that are harmful and discriminatory to women and girls, in spite of the legal prohibitions of such practices in the national legislation.

The Committee requests the Government to take stronger measures to abolish the devadasi system, including measures to vigorously enforce prohibitions and penalties under anti-dedication acts; to enforce anti-trafficking laws against those who target children from communities that are traditionally tied to the devadasi system; and to focus law enforcement efforts on the link between the devadasi system and the practice of trafficking in girls for commercial sexual exploitation. The Committee hopes that the Government will provide, in its next report, detailed information about the progress of such measures, including copies of legislation with prohibitions on dedication practices and information about cases involving prosecutions and any penalties imposed, including copies of any relevant court rulings.

Article 2, paragraph 2, subparagraph (c). Compulsory labour of convicted seafarers placed at the disposal of private shipowners. The Committee notes that, under section 207 of the Merchant Shipping Act, 1958, any seafarer engaged outside India who is imprisoned for any offence for a term not exceeding three months may, by order of any magistrate at the request of the master or owner or his/her agent, be conveyed on-board ship for the purpose of proceeding on the voyage if the services of the seafarer are required on-board the ship, notwithstanding that the period for which the sentence of imprisonment was imposed has not terminated.

The Committee recalls that Article 2(2)(c) of the Convention excludes from its scope any work or service exacted from any person as a consequence of a conviction in a court of law, provided that the said work or service is carried out under the supervision and control of a public authority and that the said person is not hired to or placed at the disposal of private individuals, companies or associations. While this Article strictly prohibits convicts from being placed at the disposal of private employers, the Committee has considered that the private employment of convicted persons may be compatible with the Convention, provided they offer themselves voluntarily without being subjected to pressure or the menace of any penalty. This necessarily requires the formal consent of the persons concerned, as well as the existence of conditions of work approximating a free labour relationship (see the explanations in paragraphs 59 and 60 of the Committee’s 2007 General Survey on the eradication of forced labour).

The Committee hopes that the necessary measures will be taken in order to bring the legislation into conformity with the Convention, e.g., by amending section 207 of the Merchant Shipping Act, 1958, so as to indicate clearly that seafarers may be conveyed on-board ship for the performance of their duties only with their voluntary consent, without the menace of any penalty, and subject to conditions of work approximating a free labour relationship. Pending the amendment, the Committee requests the Government to provide, in its next report, information on the application of this provision in practice, indicating, in particular, whether prisoners concerned give their voluntary consent to work on-board and whether they perform the work under conditions approximating a free labour relationship, including wages and social security.