Demande directe (CEACR) - adoptée 2007, publiée 97ème session CIT (2008)

Convention (n° 29) sur le travail forcé, 1930 - Inde (Ratification: 1954)

Culturally sanctioned practices involving sexual slavery

The Committee notes the 2007 communication from the International Trade Union Confederation (ITUC), referring to a ritualistic, culturally sanctioned practice known as Devadasi, under which lower caste girls are dedicated to a deity or object of worship and once initiated as Devadasi are subject to non-consensual sex with one or many followers of the deity within the local community. The Committee notes the following indications from the ITUC’s communication.

–           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 have non-consensual sex and 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 Andrha 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 hopes that in its next report the Government will comment on these and other points contained in the 2007 communication of the ITUC, bearing in mind the terms of Articles 2(1) and 25 of the Convention.