Solicitud directa (CEACR) - Adopción: 2015, Publicación: 105ª reunión CIT (2016)

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

Articles 1(1), 2(1) and 25 of the Convention. 1. Trafficking in persons. In its previous comments, the Committee noted the Government’s indication that amendments to the Immoral Traffic (Prevention) Act, 1956 (ITPA), with a view to widening its scope and providing for more stringent punishments for trafficking in persons, were still under consideration.

The Committee notes the Government’s indication, in its report, that these amendments have not been adopted yet but will be presented shortly to the Cabinet, and that the ITPA would be renamed as the “Trafficking in Persons and Commercial Sexual Exploitation Prevention Act (TIPCESEPA)”. The Committee welcomes the adoption of the Criminal Law (Amendment) Act No. 13 of 2013, which criminalizes trafficking in persons for the purpose of sexual exploitation under sections 370 and 370A of the Criminal Code and establishes sanctions of imprisonment and a fine. The Committee notes the Government’s statement that the activities of the Central Advisory Committee (CAC), for preventing and combating trafficking of women and children for purposes of commercial sexual exploitation have been discontinued but that the CAC should be re-established and resume its activities shortly. Referring to its previous comments on the Ujjawala federal scheme on prevention of trafficking and rescue, rehabilitation and reintegration of victims of trafficking for commercial sexual exploitation, the Committee notes the Government’s indication that, up to 31 March 2013, 232 Ujjawala projects have been implemented in 21 states, with a particular focus on prevention, rescue operations and repatriation of victims, and 121 rehabilitation homes have been established with a capacity to accommodate 6,000 victims. The Government adds that the Ujjawala federal scheme also promotes community-based systems to prevent trafficking from source areas and, until now, more than 600 community vigilance groups have been established and an equal number of adolescents have been trained. The Committee further notes that, after having received complaints about unpaid wages, physical and mental abuses and confiscation of passports of Indian workers employed abroad, particularly women domestic workers, the Government took several measures to protect these workers emigrating to the 17 countries identified under the “Emigration Check Required” category, most of them in the Gulf region, such as age restriction of 30 years, minimum referral wage being fixed by the Indian mission, as well as a security deposit of US$2,500 in the form of a bank guarantee with the Indian mission. This refundable security deposit is aimed at ensuring the repatriation and the payment of any unpaid wages or medical expenses of Indian workers in case the employer failed to do so. The Committee notes that, as a result of the failure of Kuwait to comply with the condition of the security deposit, the Government has decided on 5 November 2015 to suspend entry visas to Indian domestic workers in Kuwait.

However, the Committee notes that, in their concluding observations of July 2014, while taking note of the establishment of anti-trafficking units, awareness-raising programmes and a task force on human trafficking, the United Nations Committee on the Elimination of Discrimination against Women (CEDAW) and the United Nations Committee on the Rights of the Child (CRC) remained concerned at the alarming persistence of trafficking, both internal and cross-border, for labour and sexual exploitation, including sex tourism and child pornography, the lack of protection and services available to women and girls who are victims of trafficking and sexual exploitation and the lack of efforts to tackle the root causes (CEDAW/C/IND/CO/4-5, CRC/C/IND/CO/3-4 and CRC/C/OPSC/IND/CO/1). The Committee further notes that, in her report of April 2014, the Special Rapporteur on violence against women, its causes and consequences, after expressing concern at the widespread trafficking of women and girls from, and to, India, added that disadvantaged women from minority groups, scheduled castes and tribes and the “backward castes” are usually the main victims. This lack of protection and prioritization of the problem by the State has intensified the violence perpetrated against them by criminals or those involved in trafficking practices. The complicity of state officials in human trafficking was also reported as a concern (A/HRC/26/38/Add.1). Taking note of the efforts made by the Government to combat trafficking in persons, the Committee reiterates its hope that the TIPCSEPA will be adopted soon and requests the Government to supply a copy of the new legislation once promulgated. Pending the adoption of this new legislation, the Committee requests the Government to provide information on the application in practice of sections 370 and 370A of the Criminal Code, including on the number of investigations, prosecutions and convictions related to trafficking in persons, both for purposes of sexual and labour exploitation, as well as the penalties applied to those convicted. The Committee hopes that the Central Advisory Committee for preventing and combating trafficking of women and children will be re-established shortly and requests the Government to provide information on its activities as well as on the impact of any other programme implemented to protect trafficking victims, such as the Ujjawala federal scheme.

2. Culturally sanctioned practices of manual scavengers. The Committee notes that, in her report of April 2014, the Special Rapporteur on violence against women, its causes and consequences, further indicates that many Dalit and Avidasi women and women from other scheduled castes and tribes and other “backward classes” are denied economic opportunities and perform dangerous work, including bonded labour (debt bondage) and manual scavenging, which are both widely regarded as forms of forced labour and modern forms of slavery (A/HRC/26/38/Add.1). Referring to its comments made on the application of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), the Committee observes that women from lower castes and tribes are often engaged, as a result of their social origin and under coercion, in manual scavenging. The Committee notes that such women are generally only paid with food and those who try to leave manual scavenging often face retaliation, including harassment, threats of violence, expulsion from the village and denial to access community property. The Committee observes that, under such circumstances, manual scavengers may not be able to leave their work at their own request, which can lead to situations that could amount to forced labour in practice. The Committee however notes with interest that in order to protect the “Scheduled Castes and Scheduled Tribes from social injustice and all forms of exploitation”, the Government adopted the Prohibition of Employment as Manual Scavengers and their Rehabilitation Act (No. 25) of 2013, as well as the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Ordinance (No. 1) of 2014, which provides that whoever, not being a member of a scheduled caste or scheduled tribe, makes a member of a scheduled caste or a scheduled tribe to do manual scavenging, or employs or permits the employment of such a member for such purpose shall be punishable with a fine and imprisonment for a term ranging from six months to five years (section 3(i)(1)(j) of the Ordinance).

The Committee notes that the Supreme Court of India, in a judgment handed down on 27 March 2014, reiterated that the duty is cast on all state governments and union territories to fully implement the Act of 2013 referred to above and to take appropriate action in the case of non-implementation and violations of its provisions. It further notes that, in her report of April 2014, the Special Rapporteur on violence against women, its causes and consequences, considered that, while legislation has been adopted to eradicate bonded labour and manual scavenging, reports and interlocutors indicate that there is a consistent failure in the implementation of such laws and a tendency to minimize the significance of the problem (A/HRC/26/38/Add.1). Noting this information, the Committee encourages the Government to take the necessary measures to ensure that manual scavengers can freely leave their work at their own request in practice, being fully protected from any direct or indirect form of coercion that could amount to forced labour. The Committee requests the Government to provide information on the steps taken in this regard, particularly concerning law enforcement.

The Committee further notes that, as highlighted in the report of April 2014 of the Special Rapporteur on violence against women, its causes and consequences, women represent the vast majority of manual scavengers in the country and are commonly from scheduled castes and minority groups. In this regard, the Committee refers to its comments made on the application of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111).