Observación (CEACR) - Adopción: 1995, Publicación: 82ª reunión CIT (1995)

1. Further to the discussion that took place on the problem of bonded labour in India at the Conference Committee in 1994, the Committee has taken note of the detailed reports supplied by the Government in June 1994 and February 1995 on the application of the Convention.

2. In previous comments the Committee noted that over the years since the authorities of India took the decision to abolish the bonded labour system in 1976 and the Supreme Court adopted its landmark decision in 1983, the situation in practice did not appear to have improved very much, and a number of proposals and recommendations made by the National Commission on Rural Labour in 1991 with a view to improving the situation had not so far been implemented.

3. The Committee noted the statement made by a Government representative to the Conference Committee in 1993 that a high level of awareness already existed in India about the problem of bonded labour and the Government was making every possible effort to eradicate it. In 1994, the Conference Committee noted that, notwithstanding the efforts made, much remained to be done to overcome the problems already discussed in the course of many earlier sessions concerning, in particular, the identification, liberation and rehabilitation of persons in bonded labour, including children, as well as in particular the introduction of an efficient enforcement system. In this regard, the Conference Committee remained very deeply concerned by the situation.

Identification of bonded labourers and magnitude of the problem

4. Diverging estimates. The Committee previously noted that there exists no comprehensive survey of the magnitude of the problem. One survey conducted in 1978-79 under the joint auspices of the Gandhi Peace Foundation (GPF) and the National Labour Institute (NLI) covering 10 out of 21 states, but only the traditional areas, estimated the number of bonded labourers at 2.6 million; a report by the Subcommission on Bonded Labour set up by the Central Standing Committee on Rural Unorganized Labour referred in 1979 to some 2 million bonded labourers in the rural sector. In 1980, nine state governments gave an estimate of about 0.12 million bonded labourers, while in 1990 this number rose to 0.24 million in 12 states. The Bonded Liberation Front of India has put forward the figure of some 5 million adult and 10 million child bonded labourers.

5. 1992 government instructions. In its statement to the Conference Committee in 1992, the Government referred to difficulties in the collection of information from various state governments. Noting that the identification of bonded labourers was mainly undertaken by the Revenue Departments and the Block Development Officers of the state governments, it indicated that according to statistics available as of 31 March 1991, the total number of identified bonded labourers was 255,608, out of which 222,985 had been rehabilitated. In order to accelerate the process of identification, the central Government had issued circular instructions to the various state governments highlighting the need for undertaking from time to time fresh efforts for identification. It suggested the following steps:

(a) household surveys should be conducted by the Revenue Department with the help of field agencies like the Directorate of Economics and Statistics, Zonal Directorate of Backward Classes' Welfare and similar agencies on the lines of the survey drawn up by the National Sample Survey Organization in their 32nd round;

(b) identification should be done during censuses conducted for the allotment of house sites under the IRDP;

(c) intensive studies should be undertaken in stone quarries and brick kilns.

In view of this, the chief secretaries of all concerned state governments had been addressed by the Union Labour Secretary in the matter of taking vigorous steps for the identification and rehabilitation of bonded labourers on 7 February 1992, and a system of quarterly monitoring had been introduced.

6. In 1993, the Committee, while noting that in its report for the period ending 30 June 1985, the Government already referred to the same kind of measures, expressed the hope that the Government would provide detailed information on the results achieved following these instructions, in particular on any noticeable increase in the number of bonded labourers identified and rehabilitated; on measures taken at state level and reported to the central Government; and on any new assessment of the situation made by the central Government.

7. Definition to be used. The Committee observed, however, that the report by the Commission on Rural Labour indicated that the definition of bonded labour adopted by the National Sample Survey Organization (32nd round, 1977-78) was restrictive, not encompassing fully the definition of the Act, though covering traditional and non-traditional areas. The Committee expressed the hope that any household survey conducted, as well as the censuses and studies to be made, would take into consideration the full definition of the Bonded Labour System (Abolition) Act, 1976, as interpreted by the Supreme Court of India in 1983 and with the amendments adopted in 1985. It requested the Government to provide information in this regard, including any instructions issued to this effect.

8. Absence of follow-up to 1992 government instructions. The Committee notes from the Government's statement to the Conference Committee in 1993 that work to be undertaken by the National Sample Survey Organization (NSSO) on the proposition of the Ministry of Labour to gather information on bonded labour is not scheduled before 1998-99. With its report received in June 1994, the Government has supplied a statement on the number of bonded labourers identified, released and rehabilitated in 12 states as at 31 March 1993, and the tentative rehabilitation targets fixed for 1993-94. The total numbers were given as 251,069 identified and released and 224,074 rehabilitated, i.e. for some reason 1 per cent less identified than two years before and 1 per cent more rehabilitated (with a tentative target for rehabilitation during 1993-94 of 2,179 labourers in seven states). No information was given on methodology or definition used, nor on any follow-up of the above-mentioned instructions issued by the central Government in February 1992.

9. Further preliminary discussions. In the same report, the Government indicated that on 15 April 1993, in a meeting held by the Minister of State for Labour with the Labour Secretaries of the states in which the problem of bonded labour is endemic, it was decided to constitute a Committee comprising labour secretaries of five states to study and recommend a workable definition of bonded labour and the modalities and procedure for their identification. At this meeting, it was agreed that all the state governments will conduct a fresh survey for the purpose of identifying bonded labour in their respective states. While conducting the survey, the recommendations of the above Committee appointed to evolve a workable definition of bonded labour will be borne in mind. It was also agreed that all the states should endeavour to complete the survey by September 1993. Two meetings of the Committee of Labour Secretaries have been held on 18 June and 23 July 1993, where the methodology for identification and rehabilitation of bonded labourers in different states and the difficulties faced by them were discussed. The Committee was unanimous on the adoption of a simple workable definition of bonded labour. The Committee's term has been extended, and the Government has indicated in its report received in February 1995 that the Committee's report has been received by the Government of India and is under consultation with the state governments. It was not supplied to the ILO. The Government adds that during September-October 1994, the Labour Minister held three separate conferences with 15 state labour ministers, which have recommended that states will undertake surveys to identify bonded labourers as may be in existence despite the Bonded Labour System (Abolition) Act, 1976. These surveys were to be completed within a period of six months. The states were also selectively to undertake follow-up studies to assess if any of the rehabilitated bonded labourers had since relapsed into bondage.

10. The Government further indicates that some Members of Parliament have pointed to the incidence of bonded labour in Dehradun region of the state of Uttar Pradesh. The state government of Uttar Pradesh has denied any fresh incidence of the problem. To ascertain the existence of bonded labour, if any, in the Dehradun area, the Lal Bahadur Shastri National Academy of Administration Mussoorie has agreed to conduct a survey.

11. Continued absence of progress. The Committee has taken due note of these indications. It notes that none of the state-wide surveys repeatedly announced by the Government, with deadlines past, appear so far to have been undertaken by the state governments, and that the state labour ministers apparently decided not to use the definition of the Bonded Labour System (Abolition) Act, 1976, as interpreted by the Supreme Court of India in 1983 and with the amendments adopted in 1985, but a "simple workable" one, which has not been communicated to the ILO.

12. Occupations to be surveyed. In its 1994 observation, the Committee also noted from the report by the National Commission on Rural Labour that in the following non-agricultural occupations bonded labour elements have been noticed but have not been adequately covered by surveys and studies: stone quarries, migrant labourers, brick kilns, Joginis and Devadasis, fishermen, building and road construction labour, forest labour, bidi workers, carpet weavers, potters, weavers, head loaders, child labour in match and fireworks industries, etc. The Committee requested the Government to provide information on any studies or surveys made in these activities and on the number of bonded labourers identified, released and rehabilitated.

13. Case-studies. Haryana quarries: the Government's views. The Government has supplied in February 1995 a copy of the report dated 30 March 1993 of the Subcommittee on Elimination of Child Labour in the Match and Fireworks Industries in Tamil Nadu, and in June 1994, a copy of the report of the Committee appointed by the Supreme Court by its Order dated 21 February 1991 to investigate the issue of identifying bonded labourers in the State of Haryana (the Supreme Court had disposed of the main matter, i.e. the Writ Petition No. 2135/1982 Bandhua Mukti Morcha v. the Union of India, by its judgement dated 16 December 1983). In commenting on the report of that Committee, the Government, in its report received in June 1994, refers to the Committee's assessment of 2,000 workers employed in the stone quarries of Faridabad district, and alleges that while the Committee made critical references to the unsatisfactory working conditions in the quarries and disputes concerning minimum wages paid to the workers, it has not considered these workers as bonded labourers; in its latest report the Government adds that "the outcome of this case, involving one of the most active NGOs in the field of bonded labour, reveals that, though well-intentioned, their claims/complaints can be highly exaggerated".

14. Haryana quarries: irrelevance of government figures. These contentions are not borne out by the conclusions made by the Committee appointed by the Supreme Court. That Committee noted that while a report submitted by the Government of Haryana stated that the number of bonded labourers was 544, of which the number rehabilitated was 21 as on 30 November 1990, these figures related to the bonded labourers identified all over Haryana and mostly covering brick kilns, while the petitioner was referring to the issue of only the workers of the stone quarry of the district Faridabad; for that alone, the number of persons in the original list supplied by the petitioner was 2,800, out of which 1,983 were then identified; the final list of 2,000 persons, prepared by the Committee, includes some persons who were not on the original list. In addition, it is the estimate of the Committee that some 200 persons have been left out of the final list who were not available for identification, either out of fear of the contractor or because they had gone out the day of the Committee's visit.

15. Criteria for identification. The Committee appointed by the Supreme Court adopted the following criteria for identification:

Article 23 of the Constitution of India which prohibits trafficking in human beings and forced labour.

The definitions of "Bonded Labour System" in section 2(g) of the Bonded Labour System (Abolition) Act, 1976, the definitions of bonded debt in section 2(d), "Bonded Labour" in section 2(e), "Bonded Labourers" in section 2(f), "Nominal Wages" in section 2(i) and other principles laid down in the said Act.

The various principles laid down by the Supreme Court on the Concept of forced labour under Article 23, and its relationship with wage in the People's Union for Democratic Rights v. the Union of India, 1982 (8) SCC 235 and Bandhua Mukti Morcha v. the Union of India 1984 (3) SCC 161 (thereinafter referred to as the PUDR judgement and the Bonded Labour judgement respectively).

A legal note was prepared to aid the Committee in summarizing all the principles above and the conclusions which emerged from the same were:

(a) any form of forced labour which includes bonded labour is prohibited under article 23 of the Constitution and any contravention of the provision, which is enforceable against the State and any individual, is an offence (PUDR judgement);

(b) the Bonded Labour System (Abolition) Act, 1976, has been enacted with a view to giving effect to article 23 (Bonded Labour judgement);

(c) every form of forced labour is within the inhibition of article 23 and it makes no difference whether the person who is forced to give his labour to another is remunerated or not (PUDR judgement);

(d) "force" is mere legal or physical force but includes force arising from compulsion or economic circumstances which leaves no choice or alternative to a person and compels him to work for less than the minimum wage (PUDR judgement);

(e) where a person provides labour or services for less than the minimum wage, the labour or service provided by him is clearly within the scope and ambit of "forced labour" under article 23 (PUDR judgement);

(f) whenever it is shown that a labourer is made to provide forced labour, the presumption would be that he is required to do so for economic consideration received by him and he is therefore a bonded labourer (Bonded Labour judgement).

16. Haryana quarries: role of wage structure. The Committee appointed by the Supreme Court has applied all the aforesaid criteria for identification of persons in the petitioners list as well as for fresh cases or cases left out earlier. In its conclusions, the Committee noted that the Supreme Court has held in the PUDR judgement, inter alia, that where a person provides labour or services for less than the minimum wage, the labour or service provided by him is clearly within the scope of "forced labour" under article 23 of the Constitution. The Supreme Court has held in the Bonded Labour judgement that whenever it is shown that a labourer is made to provide forced labour, the presumption would be that he is required to do so for economic consideration received by him and he is therefore a bonded labourer. The Supreme Court, in its Bonded Labour judgement, has also directed as part of the now well-known 21 directives, inter alia, that all necessary steps be taken to ensure the payment of the stipulated wages to the workers (directives 5, 6 and 8). The Committee has, therefore, laid some emphasis on the wage structure which was clearly identifiable for the purpose of including the workers for the benefits available to them under the Bonded Labour System (Abolition) Act, 1976. Other criteria like indebtedness or being able to change contractors were varying criteria and were not necessarily constant.

17. Action called for. The Committee hopes that the necessary measures will soon be taken at the national and state levels for the systematic identification of bonded labourers under the Bonded Labour System (Abolition) Act, 1976, now stalled in practice for several years, and that the Government will supply information on action taken pursuant to its instructions of 1992 and on concrete results, bearing in mind also the indications by the National Commission on Rural Labour on occupations that have not been adequately covered by surveys or studies.

Role of vigilance committees

18. In previous comments, the Committee asked for information on the functioning of vigilance committees and on the effective implementation of the competences entrusted to them by the Bonded Labour System (Abolition) Act 1976, for the identification, liberation and rehabilitation of bonded labourers. The Government has forwarded specific information made available by ten state Governments on the numbers of vigilance committees constituted in districts and subdivisions, with some indications on their composition and activities. In its report received in June 1994, the Government indicated that the central Government does not directly monitor the functioning of the vigilance committees at present, and that the central Government has not received any proposal from the state Governments to improve the functioning of the vigilance committees. In February 1995, the Government added that the vigilance committees have been constituted in all the states where the problem of bonded labour is considered to be endemic, and the Government considers that over the years, the achievements of the vigilance committees in undertaking identification and rehabilitation of a very large number of bonded labourers who are very widely dispersed in rural and interior areas, are proof of their effective functioning.

19. The Committee considers that this appreciation is not borne out by the statistics supplied by the Government for the last years, mentioned in point 8 above. In its report published in 1991, the National Commission on Rural Labour indicated that, while a few vigilance committees had been doing good work, most of them had not been constituted or reconstituted or had not been active as meetings were not held regularly. There had been no monitoring of the functioning of these committees and in the last few years fresh identification of bonded labourers had almost stopped. The Committee notes that this is still so, although vigilance committees at present exist at the district and subdivision levels in a number of states. As indicated by the National Commission, it appears necessary to activate the vigilance committees with the composition as prescribed. In addition, the involvement of voluntary agencies and the setting up of a national authority on bonded labour, as recommended by the National Commission on Rural Labour in 1991 may help in making vigilance committees accountable and accelerating the process of identification, release and rehabilitation of bonded labourers.

Involvement of voluntary agencies

20. In previous comments, the Committee asked the Government to provide information on the operation of the scheme for the involvement of voluntary agencies in the identification and rehabilitation of bonded labourers. In its reports received in June 1994 and February 1995, the Government has provided the names of ten voluntary agencies operating, mostly at the level of one or two districts, in six states, and information received from eight of the state governments regarding the activities of voluntary agencies. In Bihar, Antyodaya Ashram of Santhal Pargana and T. Chakkalakar of Rampura Ashram have helped to identify 2,662 bonded labourers in Dumka district and 317 in Bettiah district respectively. In Tamil Nadu, the Organization for Rehabilitation and Development of Bonded Labourers, Madras, has conducted a survey on the rehabilitation of Tamil-speaking released bonded labourers and has submitted its report and suggestions for improvement to the Union Minister in 1990. In Uttar Pradesh, Bandhua Mukti Morcha and Bandhua Mukti are working in Mirzapur district; in none of the other districts magistrates have submitted positive replies to the state government's request for contacting the voluntary agencies. The state government of Andhra Pradesh has agreed to undertake fresh efforts to associate voluntary agencies in the task of identification of bonded labour, "even though in the past the response was not encouraging". The state government of Maharashtra has been categorical in its view against involvement of voluntary agencies "because they tend to take an exaggerated view of the existence of bonded labour"; the Committee notes that in Maharashtra 1,382 bonded labourers have been identified and 1,300 rehabilitated, while 82 are reported as not requiring rehabilitation assistance. By contrast, the state government of Karnataka has issued guidelines to the deputy commissioners for identification of bonded labourers wherein it is emphasized that the non-governmental organizations and the voluntary agencies should be involved in this task. Although the details of the results achieved in this exercise have not been mentioned, it has been pointed out that they are doing remarkable work. Karnataka happens to be the state where, on 31 March 1993, the greatest number of bonded labourers had been identified and released (62,708 persons) and rehabilitated (54,078 persons).

21. The Committee again expresses the hope that the Government will take action to stimulate the involvement of more voluntary agencies, in particular those which have been concerned with bonded labour for years, such as the Bonded Labour Liberation Front, AWARE and Vidhayak Samsad, and that it will provide detailed information on the measures taken and the results achieved.

Involvement of trade unions

22. In previous comments, the Committee stressed the importance of the involvement of trade unions in the process of identification and rehabilitation of bonded labourers. In its report received in June 1994, the Government states that trade unions are in the organized sector and their involvement in identification and rehabilitation of bonded labourers, who are mainly found in the unorganized sector, may not be a workable proposition. The Committee takes due note of this. Recalling the indication by the National Commission on Rural Labour that bonded labour elements have been noticed but not adequately covered, inter alia, in non-agricultural occupations such as stone quarries, brick kilns, building and road construction, forestry, bidi workers, carpet weavers, potters, weavers, the Committee hopes that measures will be taken, where necessary, for ensuring respect for the right of workers in these occupations to organize.

Proposal for the institution of a national authority on bonded labour

23. The committee previously noted that during the discussion in the United Nations Working Group on Contemporary Forms of Slavery during its 15th Session, July 1990, Anti-Slavery International stated that the continued gravity and magnitude of the bonded labour system was partly the result of a central weakness in the design and functioning of the machinery for the implementation of the Bonded Labour System (Abolition) Act, 1976, and called for the establishment of a national commission on bonded labour. The Committee further noted that in its report published in 1991 the National Commission on Rural Labour recommended that the implementation of the Bonded Labour System (Abolition) Act, 1976, should be improved by the creation of a network of agencies at the national and state levels as nodal agencies to supervise and coordinate the identification, release and rehabilitation of bonded labourers, and to make administration more responsive and vigilance committees accountable. A national authority or national commission on bonded labour should be constituted on the lines of the National Commission on Scheduled Castes and Scheduled Tribes, and at state levels there should be commissioners for bonded labour.

24. In reply, the Government indicated to the Conference Committee in 1992 that the question of setting up a national commission on bonded labour was examined in detail by the Ministry of Labour in the light of the recommendations of the National Commission on Rural Labour, and that it was decided that the setting up of such a commission was not necessary at this stage. What was required was better implementation of the provisions of the Act by the state governments which should be closely monitored each month.

25. In 1993, the Committee noted that a Bill to establish a commission on human rights was being submitted to Parliament, and considered that this commission might be entrusted with questions concerning bonded labour. Following the setting up of a National Human Rights Commission in October 1993 under the Protection of the Human Rights Act, 1993, the Committee in 1994 requested the Government to provide information on any measures envisaged to extend the competences of the Commission accordingly or to establish a national commission on bonded labour.

26. The Committee notes the Government's indication in its report received in February 1995 that the National Human Rights Commission is expected to perform a wide array of functions and its scope of activity is not limited to violations committed by agents of the State alone. The Government is still of the opinion that better implementation of the Bonded Labour System (Abolition) Act, 1976, by the state governments will eradicate the evil practice. However, various interest groups have pleaded for the setting up of a national commission on bonded labour. Accordingly, a committee of labour ministers, chaired by the Labour Minister, government of Maharashtra, was constituted to examine this issue. There has been a delay in the submission of the report of this committee on account of frequent changes in the incumbency of the Labour Minister of Maharashtra. The Maharashtra state government has been requested to expedite the committee's report.

27. The Committee takes due note of these indications. It observes that four years have elapsed since the National Commission on Rural Labour published its report. Since then, the recommendation for the setting up of a network of agencies to supervise and coordinate the abolition of bonded labour at the national and state levels has not been implemented, and with a few exceptions, mainly due to the initiative of voluntary agencies, the identification of bonded labourers appears to have come to a halt. At the same time, the Committee notes that there is no longer a regular presentation of a general overview of the state of the problem as had been given up to 1989, to a certain extent, in the reports of the Commissioner on Scheduled Castes and Scheduled Tribes (29th report, 1987-89) and lastly in the report of the National Commission on Rural Labour, published in 1991. The Committee observes that if a high level of awareness already exists about the problem of bonded labour, it is not apparent that every possible effort is being made to maintain this awareness, let alone to solve the problem. The Committee looks forward to learning of action taken on the proposal made by the National Commission on Rural labour in 1991 for the institution of a national authority on bonded labour to supervise and coordinate at the national and state levels the identification, release and rehabilitation of bonded labourers and to make administration more responsive and vigilance committees accountable.

Rehabilitation

28. Time-lag between liberation and rehabilitation. The Committee previously noted that the National Commission on Rural Labour pointed to the considerable time-lag between liberation and rehabilitation and poor follow-up on rehabilitation, leading to misery and relapse into bondage. Referring to the statistics provided by the Government concerning the numbers of bonded labourers identified and those rehabilitated and the targets for 1993-94, the Committee noted that in certain states large numbers of identified bonded labourers still are to be rehabilitated. Thus, on 31 March 1993, in the state of Andhra Pradesh, out of 35,934 bonded labourers identified, 25,753 had been rehabilitated and 10,181 still remained to be rehabilitated but regrettably the tentative target for rehabilitation during 1993-94 was only 1,000.

29. The Committee notes with interest from the Government's latest report that the rehabilitation of bonded labour which was tending to lag behind in Andhra Pradesh has been speeded up as a result of concerted efforts by the Ministry of Labour and the state government and problems being encountered at the field level have been sorted out. The flow of financial assistance from the Government of India to the state government of Andhra Pradesh for rehabilitation of bonded labour has increased from nil rupees in 1991-92 to 2.7 million rupees in 1992-93 and further to 10.1 million rupees in 1993-94. The annual target of rehabilitating 1,000 bonded labourers in Andhra Pradesh in 1993-94 was practically achieved. As compared to the previous year, the target for 1994-95 for rehabilitation of bonded labour in Andhra Pradesh has been enhanced by 100 per cent. The Committee welcomes this progress but notes that even at the rate of 2,000 rehabilitated persons per year, the last bonded labourers available for rehabilitation as on 31 March 1993 would be rehabilitated only in 1999. The Committee looks forward to learning of further measures taken to accelerate the process of rehabilitation of the identified bonded labourers, in Andhra Pradesh and Karnataka as well as in other states, where bonded labourers are newly identified.

30. Noting that, for certain states, considerable numbers of bonded labourers have been designated in the Government's report as "not available for rehabilitation", the Committee would appreciate it if the Government would supply an explanation by reference to the Bonded Labour System (Abolition) Act, 1976.

31. Adaptation of the centrally sponsored scheme. The Committee previously noted that under the centrally sponsored scheme for rehabilitation of bonded labour a sum of 6,250 rupees is to be spent for the rehabilitation of each bonded labourer. Out of this sum 500 rupees are meant to be given in cash to the bonded labourer soon after his release to enable him to tide over the period till his rehabilitation. The Committee asked whether such a sum had proved sufficient to avoid the newly freed bonded labourer falling back into bondage on account of the lack of means of subsistence, given in particular the fact that a long period of time elapses between his release and rehabilitation.

32. The Committee notes from the Government's report received in June 1994 that state governments have taken diverging views: Haryana considered that since no bonded labour had been identified to be released, no occasion had arisen for making the payment of 500 rupees. Maharashtra and Tamil Nadu stated that there had been no complaints about inadequacy of funds or relapse into bondage; by contrast Gujarat, Uttar Pradesh, Karnataka and Bihar considered the subsistence allowance of 500 rupees not to be adequate; for Gujarat and Uttar Pradesh it should now be enhanced to 1,000 rupees, and in Bihar, the Government has suggested that it should be 1,500 rupees, paid at the rate of 250 rupees per month for six months, the duration that the rehabilitation process commonly takes. According to the government of Uttar Pradesh, the overall amount of 6,250 rupees should be enhanced to 15,000 rupees. The government of Karnataka added that rehabilitation of bonded labourers is undertaken by promoting their self-employment. During 1992-93 the government of Karnataka started providing agricultural land for rehabilitating bonded labourers in groups. The minimum size of agricultural estates is 50 acres for 12 rehabilitated bonded labourers. This exercise has been initiated in six districts; it permits to provide common facilities, to have convergence of government programmes within the cluster and to properly monitor the work done.

33. The Committee hopes that the Government will be in a position to increase the funds payable under the centrally sponsored scheme and that it will supply further information on the action taken in this regard.

34. Integration of the centrally sponsored rehabilitation scheme with other anti-poverty programmes. The Committee has noted with interest the details supplied by the Government on the measures taken in nine states for the integration of the centrally sponsored scheme with other programmes, such as Integrated Rural Development Programme, Jawahar Rozgar Vojana, Employment Assurance Scheme, Training of Rural Youth for Self-Employment, Special Component Plan/Sub-Plan for Scheduled Castes and Scheduled Tribes. It hopes that the Government will be in a position to report on further action in this field.

35. Follow-up of other recommendations. The Committee previously noted that in its statement to the Conference in 1993 the government representative referred to land based, non land based and skill craft based rehabilitation grants. It also noted that the National Commission on Rural Labour pointed to shortcomings, such as poor quality of land in the land based scheme, and stressed the need to attempt rehabilitation for migrant bonded labourers either in the state in which they work or in their state of origin. The National Commission proposed that the scheme of rehabilitation be chosen in consultation with the beneficiary and be well planned; lands be of reasonably good quality in the case of land based schemes; the jurisdiction banks be directed to provide consumption loans, since the predominant cause for lapsing into bondage is indebtedness largely for consumption needs. The Committee again expresses the hope that the Government will provide information on measures taken or envisaged following the proposals by the National Commission on Rural Labour.

36. Noting with interest the information supplied by the Government on the "Alternate Scheme of Self-Development of the Released Bonded Labourers" submitted by the Mukti Niketan in the Supreme Court of India on being invited to do so in public interest litigation (Writ Petition No. 483 of 1987), the Committee hopes that a copy of the judgement will soon be forwarded. It also looks forward to learning of the outcome of Supreme Court Writ Petition No. 121215 of 1984.

Penal sanctions and enforcement

37. The Committee noted in its previous comments from the report of the National Commission on Rural Labour that there had been very few prosecutions against persons keeping labour in bondage. The National Commission stressed that the process of identification and release and bringing of criminal proceedings should, as far as possible, be simultaneous activities, and made a certain number of proposals to improve the situation. The Committee noted the Government's statement to the Conference Committee in 1993 that criminal prosecution had to be based on due process of law and could not be done within artificial time-limits. The Committee asked how much time was required by due process of law under national conditions in order to file a criminal prosecution. Noting that the Act abolishing the bonded labour system was adopted in 1976 and referring to the National Commission on Rural Labour's assessment, the Committee asked for detailed information on the measures taken to ensure due process of law. Noting also that the penal sanctions provided by the Act of 1976 include, besides prison of up to three years, a rather meaningless fine up to 2,000 rupees, the Committee asked for information on measures taken to ensure the effective punishment of offenders indicating, in particular, the number of proceedings and of convictions as well as penalties imposed since the Act of 1976 was brought into force.

38. Adequacy of penalties. The Committee notes that no information has been supplied by the Government on the penalties imposed under the Act of 1976. Recalling that under Article 25 of the Convention, the illegal exaction of forced or compulsory labour shall be punishable as a penal offence, and the Government must ensure that penalties imposed are really adequate and strictly enforced, the Committee again expresses the hope that the necessary action will be taken to ensure that the penalties imposed by law are really adequate, and that the Government will provide information on any corresponding amendment of the 1976 Act. Pending such action, the Committee hopes that full details will be supplied in the number of cases in which mere fines, actual prison sentences or suspended ones were imposed on those convicted.

39. Enforcement statistics. The Committee notes the statistics supplied by the Government on the number of prosecutions launched in 12 states under the Bonded Labour System (Abolition) Act, 1976, up to March 1993, with an indication of the number of offenders prosecuted (in three states) and convicted (in Uttar Pradesh). The Committee notes that in Uttar Pradesh alone, with 27,489 bonded labourers identified as on 31 March 1993, 2,305 prosecutions were launched, resulting in 1,031 acquittals, 84 cases pending and 1,190 convictions; by contrast, for 11 other states, with over 220,000 bonded labourers identified, the Government's statement shows a total of only 2,354 prosecutions launched, with 987 persons actually prosecuted (in three states).

40. Enforcement: expediency and efficiency. On the issue of simultaneous identification, rehabilitation and initiation of legal proceedings against those engaging bonded labour, the Government indicates in its latest report that some of the state governments are apprehensive that the fear of punitive action may be counter-productive as it may deter the offenders from voluntarily cooperating in the identification process. The Committee observes that the identification process appears to have come to a halt while awaiting the voluntary cooperation of the offenders. The Committee notes the Government's further indication that filing of a criminal prosecution against an offender does not take any time, but, given the independent functioning of the judiciary, it is not possible for the administrative authorities to prescribe any time-limit for the conclusion of legal proceedings. In this connection, the Committee however also notes the Government's statement in its report received in June 1994 that section 21 of the Bonded Labour System (Abolition) Act, 1976, makes provision for the summary trial of offences under the Act. The Committee again expresses the hope that the Government will soon take the necessary action to ensure, in conformity with its obligation under Article 25 of the Convention, that adequate penal sanctions for the exaction of forced labour are imposed on the offenders and are strictly enforced. It hopes that the Government will supply information on the measures taken, as well as updated statistics on the numbers of proceedings brought and of convictions made, with an indication of the type of penalty imposed, as requested.

41. Legal aid. Further to a proposal made by the National Commission on Rural Labour, the Committee notes with interest the Government's indication in its report received in June 1994 that there are already in different states arrangements for providing legal aid to the poor and that further instructions will be given in this regard. It hopes that the Government will supply information on the action taken and its implications for the application of the Bonded Labour System (Abolition) Act, 1976. In this connection, recalling the proposal by the National Commission on Rural Labour that legal provisions be made for the enforcement of wage claims of discharged bonded labourers and the restoration of lands belonging to bonded labourers but usurped by moneylenders and bigger landowners on account of loans given at exorbitant rates of interest, the Committee notes the Government's indication in its report that the provisions of the Minimum Wages Act apply to wage claims by discharged bonded labourers and there already is a provision in the Bonded Labour System (Abolition) Act, 1976, for restoration of the property of the bonded labourer after his release, free of encumbrances. The Committee hopes that the Government will supply details on practical measures taken, through legal aid schemes and otherwise, for the application in practice of the said legal provisions.

Children in bondage

42. In its previous comments the Committee referred to allegations brought before the United Nations Subcommission on Prevention of Discrimination and Protection of Minorities that children were in bondage in agriculture, brick kilns, stone quarries, carpet weaving, handlooms, matches and fireworks, glass bangles, diamond cutting and polishing; that child bondage and forced labour were connected with trafficking, kidnapping, repression, absence of freedom of movement, beating, sexual abuse, starvation, abnormal working hours and hazardous working conditions. The Committee noted the Government's indication that for the purpose of identification and rehabilitation by the machinery set up for this purpose no distinction is made between bonded child labour and bonded adult labour. Given however the particular vulnerability of children and their specific needs, the Committee asked for information on any specific measures taken for their identification, release and rehabilitation.

The Committee also asked for a comprehensive report on the situation of children in bondage.

43. Minimum wage. The Committee notes the Government's indication in its latest report that it is firmly committed to progressively eliminating the scourge of child labour. As part of the legislative action plan, the Government has decided to introduce a Bill in Parliament with a view to amending the Child Labour (Prohibition and Regulation) Act, 1986. The proposal is to do away with any scope for minimum wage fixation which may tend to encourage child labour practice. The text of the Bill is being finalized in consultation with the competent ministry. The Committee looks forward to learning of the adoption of the Bill.

44. Law enforcement statistics. Although specific data on cases of forced labour of children are not collected and compiled, the Government points to an appreciable increase during the last two years in the number of inspections, prosecutions and convictions under the Child Labour (Prohibition and Regulation) Act, 1986, and the Factories Act, 1948. The Committee however notes from the detailed data supplied by the Government in June 1994 for the year 1993 and covering 15 states that prosecutions under the Child Labour Act were brought only in Uttar Pradesh (4,770), Tamil Nadu (16) and Maharashtra (37), with convictions reported only in Uttar Pradesh (567) and Tamil Nadu (2).

According to reports received from the state governments about 1,400 child bonded labourers have been identified. According to the National Sample Survey, 1987, the number of child labour is placed at 17.02 million. Of these, 2 million are estimated to be engaged in hazardous occupations.

The Prime Minister in his Independence Day address to the nation on 15 August 1994, announced a new scheme for rooting out the already illegal child labour practice in hazardous employments. Under this scheme, an estimated 2 million child labourers engaged in hazardous employments in India are sought to be taken out of the world of work by the year 2000.

45. Government action. On 1 October 1994 the National Authority for the Elimination of Child Labour (NAECL) was set up under the chairmanship of the Ministry of Labour. At its third meeting held on 16 January 1995, the NAECL adopted a blue-print for action to tackle the child labour problem titled "Identification, release and rehabilitation of child labour". A circular has been forwarded to the states/UTs for adoption.

The circular covers the range of actions required to tackle the child labour problem especially in hazardous occupations. It calls for the convergence of services and schemes of the central and state governments at the implementation level - the district level - to effectively coordinate the child labour elimination projects. Broadly, the effort aims at:

(a) better enforcement of laws intended for the protection of children;

(b) withdrawal of children from work and diverting them to special schools where they will be given primary level education, pre-vocational training, additional nutrition and stipends;

(c) covering parents of child labour through poverty alleviation and income-generation schemes to reduce the need to send their children to work;

(d) prevent fresh entry of children into the world of work by intensifying activities to provide pre-school education, health and nutrition to children in the 0-6 age group through schemes like Integrated Child Development Services (ICDS), community nutrition programmes, etc.

The Government is actively pursuing the objective of complete elimination of child labour in the slate industry at Mandsaur (Madhya Pradesh) and the tile industry at Jaggampet (Andhra Pradesh). These two national child labour projects have been identified by the National Child Labour Advisory Committee.

46. The Committee looks forward to learning of the results of these schemes and action plans, as well as on the follow-up of the report of the subcommittee on elimination of child labour in the match and fireworks industry in Tamil Nadu, a copy of which was supplied by the Government in February 1995.

47. Protection against sexual exploitation. In its report received in June 1994, the Government indicated that all the state governments and union territory administrations had been advised to form advisory committees at the state level to take measures for the eradication of child prostitution and to devise and implement social welfare programmes for their care, protection, treatment, development and rehabilitation.

48. The Committee notes the Government's indication in its latest report that the state government of Uttar Pradesh is seized of the problem of alleged child prostitution and will conduct a survey in the affected areas. Some police stations with all-women staff have been set up, "rescue officers" have been posted in certain sensitive divisions to organize raids with police assistance for rescuing the victims and following up court cases. "Police gender sensitization" in training of police officers, shifting the burden of proof from the victim to the accused, involvement of NGOs in the rehabilitation of child prostitution victims are some of the points being considered to tackle the problem. On the specific allegation regarding auction and sexual exploitation of children, the district magistrates, Agra, Saharanpur and Varanasi have reported that no such case has come to light. In these three districts, during the last three years 57 raids were conducted, 465 suppression of immoral traffic cases were registered in courts and 131 cases ended up in conviction.

The Committee hopes that the Government will supply a copy of the survey to be made and information on further action taken in Uttar Pradesh as well as in other states and union territories.