Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Forced Labour Convention, 1930 (No. 29) - India (Ratification: 1954)

Other comments on C029

Observation

Direct Request

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The Committee notes the Government’s explanations concerning the application of section 207 of the Merchant Shipping Act, 1958.

Articles 1(1), 2(1) and 25 of the Convention. Culturally sanctioned practices of child prostitution linked to trafficking for the purpose of commercial sexual exploitation. In its earlier comments, 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 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 also noted 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 noted, 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 notes the statistical information provided by the Government as regards the implementation of the Child Labour (Prohibition and Regulation) Act, 1986, in Andhra Pradesh. It further notes the Government’s indication that the Social Welfare Department and the Government of Andhra Pradesh have been requested to prepare a report on the issue of the devadasi system. Noting that the Government’s report contains no information on the measures taken to abolish the devadasi system in Maharashtra and Karnataka, and considering the gravity of the abovementioned facts, the Committee once again requests the Government to provide detailed information on the measures taken 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. Please provide 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. Finally, the Committee requests the Government to provide a copy of the above report on the issue of the devadasi system once it is available.