Observation (CEACR) - adoptée 2002, publiée 91ème session CIT (2003)

1. The Committee has noted the Government’s detailed reports and their annexes received in January and August 2001, which contain replies to its earlier comments, as well as the Government’s report received in August 2002, which contains a reply to the Committee’s 2000 general observation concerning trafficking in persons. It has also noted a discussion which took place at the Conference Committee on the Application of Standards during the 89th Session of the International Labour Conference (June 2001). The Committee has further noted a communication dated 29 August 2001 received from the International Confederation of Free Trade Unions (ICFTU), which contained comments from the Anti-Slavery International on the application of the Convention in India, as well as the Government’s reply to these comments. It has also noted the comments made by the National Front of Indian Trade Unions (NFITU) annexed to the Government’s 2001 and 2002 reports.

2. The Committee notes two new communications dated 11 June and 2 September 2002, received from the ICFTU, which contain observations concerning the application of the Convention by India. It notes that these communications have been sent to the Government on 29 July and 2 October 2002, for such comments as might be considered appropriate. The Committee hopes that the Government will supply its comments on the above observations with its next report.

Bonded labour

3. In its earlier comments, the Committee repeatedly referred to the urgent need to compile accurate statistics of the number of persons who continue to suffer under bonded labour, using a valid statistical methodology, with a view to identification and release of bonded labourers. It has noted that, according to the data provided in the 2001 Government’s reports, since the enactment of the Bonded Labour System (Abolition) Act, 1976 up to 31 March 2000, 280,411 bonded labourers have been identified and 251,569 have been rehabilitated. However, according to the communication received from the ICFTU in June 2002, the vast majority of estimates for the number of forced labourers in India range between 5 million and, according to recent research from the Anti-Slavery International, the much higher figure of 20 million. In the communication transmitted by the ICFTU, the Anti-Slavery International is stressing the necessity for a comprehensive national survey to be carried out to identify the total number of bonded labourers in the country, utilizing the services of an independent body to assist in developing the methodology and conducting the survey.

4. The Committee has noted the Government’s repeated statement in its reports that it has rejected the findings of the survey conducted by the Gandhi Peace Foundation and the National Labour Institute (NLI) in 1978-79 which cited a number of 2.6 million bonded labourers, since, in the Government’s view, the methodology of the survey was not scientific. The Government also states that the process of identification of bonded labourers is fraught with problems and difficulties; it is not like a mere headcount that can be routinely done through any other survey, but rather a difficult task which requires extraordinary efforts keeping in mind the delicate social and psychological condition of the victims. According to the Government’s view, bonded labour is a dynamic problem; existence of the bonded labour system can occur and reoccur at any point of time in any industry/occupation, which requires continuous vigilance and surveillance, as well as institutional arrangements. Having previously noted the Government’s indication that identification and release of bonded labourers is the direct responsibility of state governments concerned, as well as certain reluctance of state governments to participate in such efforts, the Committee urged the Government to take effective measures to ensure that they would participate in an early and concentrated effort to do so. It has noted from the Government’s 2001 report, as well as from the statement by the Government representative during the Conference Committee discussion in 2001, that surveys were conducted by all state governments during October-December 1996, on the basis of which seven state governments had reported identification of 28,916 bonded labourers through the affidavits filed in the Supreme Court. It has also noted from the statement by the Government representative during the Conference Committee discussion that there were 172 sensitive districts in 13 states where incidents of bonded labour were reported frequently. In this connection, the Committee has noted with interest the positive measures described by the Government, such as the modification in May 2000 of the Centrally Sponsored Plan Scheme for Rehabilitation of Bonded Labour, under which 100 per cent financial assistance will be provided to state governments to conduct surveys on bonded labour in each sensitive district on a regular basis once every three years; grants will also be provided for the awareness-generation activities and evaluatory studies (five studies every year by each state government) to study the impact of existing land-debt related issues affecting bonded labourers and the impact of poverty alleviation programmes and financial assistance provided under various government programmes. The Government indicates in its 2001 report that, during the current financial year (2001-02) surveys on bonded labour are being conducted in a total of 57 districts, the remaining state governments being requested to send their proposals for conducting such surveys; the surveys’ findings shall be reported to the Ministry of Labour.

5. While noting this information and recognizing difficulties described by the Government regarding the preparation of survey for identification of bonded labour, the Committee points out once again that accurate data is a vital step in both the development of the most effective systems to combat bonded labour and providing a true base for the assessment of effectiveness of those systems. Noting also the conclusions of the discussion in the Conference Committee, in which the Conference Committee urged the Government once again to undertake a statistical survey on bonded labour throughout the country, using a valid methodology in cooperation with employers’ and workers’ organizations and with human rights’ organizations and institutions, the Committee hopes that such survey will at last be prepared (using also the results obtained through measures taken on the state and district levels referred to above). Please also continue to provide information on the application in practice of the revised Centrally Sponsored Plan Scheme for Rehabilitation of Bonded Labour referred to above.

6. In its earlier comments, the Committee requested information on the functioning of vigilance committees, which the Bonded Labour System (Abolition) Act, 1976, requires to be established to deal with the problem. According to the information provided by the Government in its 2001 report, such committees are in existence in 29 states and union territories; they have been constituted at the district and subdivisional levels and the meetings are held regularly. The Committee has noted, however, that, in response to the comments by the Anti-Slavery International, transmitted by the ICFTU, in which satisfactory functioning of these committees was doubted, the Government recognized that in some instances vigilance committees were not able to meet regularly, considering the huge number of districts in the country and many other functions of district functionaries, though such instances were exceptions and not the rule. The Committee hopes that greater clarification of this issue will be provided by the Government in its next report, as well as information on measures taken or envisaged to ensure that vigilance committees are functioning effectively.

7. As regards other initiatives taken by the Government to eradicate bonded labour throughout the country, the Committee has noted with interest the following action: the increase of rehabilitation grant from Rs10,000 to Rs20,000 for each released bonded labourer, as a result of a modification of the Centrally Sponsored Plan Scheme for Rehabilitation of Bonded Labour; field visits of senior officials (between July 1999 and April 2000) to monitor the utilization of funds released for the rehabilitation of bonded labour, as well as to review and monitor progress made in the implementation of the Bonded Labour System (Abolition) Act, 1976; regular review meetings held by the Ministry of Labour with state government representatives (the latest one was held in February 2002) to review the implementation of the 1976 Act and the Scheme; the efforts of the National Human Rights Commission to oversee and supervise the implementation of the 1976 Act on the instructions of the Supreme Court of India.

8. While noting the above information with interest, the Committee again points out that more than 25 years after the adoption of the Bonded Labour System (Abolition) Act, 1976, the system of bonded labour still exists in the country, and that the Government’s efforts to eradicate it should be pursued with vigour. The Committee hopes that the Government will continue to provide detailed information on the action taken.

9. In its earlier comments, the Committee referred to the law enforcement problem in connection with the eradication of bonded labour and sought information on the number of prosecutions, convictions and acquittals in various states under the Bonded Labour System (Abolition) Act, 1976, also questioning the adequacy of the penalties imposed. The Committee has noted the comments by the NFITU, annexed to the Government’s 2001 report, in which the union stressed that one of the reasons of the existence of bonded labour is that the law enforcement machinery is not functioning properly and effectively. It has also noted that, in comments transmitted by the ICFTU, the Anti-Slavery International expressed concern about "a widespread failure to prosecute those found to be using bonded labourers". According to the Government’s reply to these comments, since the enactment of the 1976 Act, 4,743 cases of prosecutions have been reported under the Act, though the information on convictions and sentences passed in each case is not available, since the collection of such information is likely to be very time consuming and difficult. The Committee observes that, in the light of Article 25 of the Convention, the number of prosecutions launched under the Act appears to be inadequate in comparison with the numbers of identified and released bonded labourers reported by the Government. The Committee therefore hopes that appropriate measures will be taken with a view to initiating prosecutions against perpetrators and that the Government will provide information on the number of convictions and on the penalties imposed, including sample copies of relevant court decisions. Effective prosecution and penalties must form part of a cohesive approach to combat bonded labour.

Child labour

10. In its earlier comments, the Committee raised a number of questions concerning efforts to eliminate child labour falling under the Convention (i.e. in conditions which are sufficiently hazardous or arduous that the work concerned cannot be counted as voluntary). In this connection, the Committee noted information from the International Programme for the Elimination of Child Labour (IPEC) on the matter, and the Concluding Observations of the United Nations Committee on the Rights of the Child (CRC) following its examination of the report of the Government of India on the Convention on the Rights of the Child (UN doc. CRC/C/15/add.15, 23 February 2000), in which the United Nations Committee expressed concern "at the large numbers of children involved in child labour, including bonded labour, especially in the informal sector, household enterprises, as domestic servants, and in agriculture, many of whom are working in hazardous conditions"; it was also concerned that "minimum age standards for employment are rarely enforced and appropriate penalties and sanctions are not imposed to ensure that employers comply with the law".

11. The Committee has before it observations from the ICFTU on this and other points, received in June 2002 and transmitted to the Government in July 2002, to which the Government has not yet replied. According to these observations, estimates of the numbers of working children in India vary between 22 million and 50 million, and the efforts to reduce child labour have yet to have much impact and must be considered inadequate to deal with the scale of the problem, although some progress have been made. The Government indicated in its 2001 report that the census data for 1991 had estimated the number of working children in the country as 11.28 million, and that the results of the census held early in 2001 were still awaited. The Committee hopes that the Government will respond to the above observations in its next report and supply the results of the latest census.

12. The Committee has noted the information submitted by the Government representative to the Conference Committee in June 2001 concerning the efforts made by the Government to address this issue, as well as the Government’s reply to the Committee’s previous observation received in August 2001. It has taken note of the following information:

-  that, as a result of direct actions taken by the Ministry of Labour in compliance with the directions of the Supreme Court in its judgement of 10 December 1996, 130,210 children have been identified as employed in hazardous occupations and 392,139 children as employed in non-hazardous occupations in 30 reporting states and union territories as on 31 March 2001; child labour rehabilitation and welfare funds have been constituted at the district level by state governments concerned and, besides taking action for collection of compensation (Rs20,000 per child employed by the offending employer), penal action has also been initiated against the employers;

-  that, under a notification issued on 10 May 2001, six more processes in the hazardous category were added to the Schedule of the Child Labour (Prohibition and Regulation) Act, 1986, bringing the total to 13 occupations and 57 processes (the number of hazardous occupations remained unchanged);

-  that, at the instance of Ministry of Labour, the Central Civil Service (Conduct) Rules, 1984 and All India Services (Conduct) Rules, 1961 have been amended by notifications of 14 October 1999 and 1 February 2000 prohibiting employment of children below the age of 14 by civil servants; the amendments will also be incorporated by state governments in the State Government Civil Service (Conduct) Rules;

-  that, the implementation of the National Child Labour Projects (the number of which was increased up to 100 in 1999) is being monitored regularly through a central monitoring committee, which includes representatives from the central Government and the labour secretaries of state governments;

-  that, altogether, 160 action programmes have been taken up for implementation under the IPEC programme during 1992 to 2000; the total number of children covered is 90,574;

-  that, a national conference on child labour was held in New Delhi on 22 January 2001, paying special attention to the elimination of child labour from hazardous occupations and to the strengthening of the law enforcement machinery.

13. While noting the above information, as well as the Government’s commitment to eliminate child labour expressed by the Government representative during the 2001 Conference Committee discussion, the Committee hopes that the Government will pursue its efforts in this field, particularly as regards the identification of working children and strengthening the law enforcement machinery, in order to eradicate exploitation of children, especially in hazardous occupations. It asks the Government to provide detailed information on these matters in its next report.

14. As regards, more particularly, child labour in the unorganized sector, the Government indicates in its 2001 report that it has no intention to extend the coverage of the Child Labour (Prohibition and Regulation) Act, 1986, and the Factories Act, 1948, since, in the Government’s view, child labour cannot be eliminated through coercive and inspectoral mechanisms, but rather through a holistic, integrated and convergent approach that takes care of a child’s physical and mental development through effective and rigorous attempts at reducing the poverty of the family by implementing developmental schemes strongly and effectively. As regards the Factories Act, the Government considers that it would be logistically and financially not possible to cover units of all sizes and workshops for the purpose of eliminating of child labour. The Committee points out in this connection, having noted also the recommendations contained in the Concluding Observations of the United Nations Committee on the Rights of the Child referred to above, that developing and reinforcing the legislative provisions and strengthening the law enforcement mechanism are vital, along with the measures of socio-economic character, for the effective eradication of child labour. It hopes that appropriate action will be taken to enlarge the scope of the legislation and asks the Government to continue to provide information on measures taken to address child labour in the unorganized sectors, i.e. in small-scale units not yet covered by the Factories Act, in cottage industries, particularly in such occupations as are hazardous to the child.

15. The Committee has noted from the Government’s 2001 report, as well as from the statement by the Government representative to the Conference Committee in 2001, that the examination of Conventions Nos. 138 and 182 with a view to their ratification has already been started and that an inter-ministerial meeting to discuss the implications of ratifying Convention No. 182 has been held. The Committee hopes that the Government will keep the ILO informed of the developments.

Prostitution and sexual exploitation

16. The Committee has noted the information provided by the Government in reply to its earlier comments in its 2001 and 2002 reports and in the statement by the Government representative to the Conference Committee in June 2001, as well as the report of the Committee on prostitution, child prostitutes and children of prostitutes (1998), prepared by the Department of Women and Child Development of the Ministry of Human Resources Development, supplied by the Government. It has noted, in particular, the following positive measures taken by the Government:

-  drawing up a national plan of action (1998) to combat trafficking and commercial sexual exploitation of women and children;

-  constitution of a national advisory committee, as well as state advisory committees, to combat trafficking and rehabilitate victims of trafficking and commercial sexual exploitation; the Government is also planning to establish a central cell in the Ministry of Home Affairs with a view to monitoring and coordinating the action taken by various national agencies and programmes for the prevention, rescue and rehabilitation of women and children victims;

-  establishment of protective homes under section 21 of the Immoral Trafficking (Prevention) Act, 1956, exclusively for girls and women detained under the Act and also for those who seek protection from being forced into prostitution;

-  reviewing the existing legal framework including the Immoral Trafficking (Prevention) Act, the Indian Penal Code, the Criminal Procedure Code and the Evidence Act, with a view to make the punishment more stringent for traffickers, while making the laws more victim-friendly;

-  enacting legislation to prohibit Devdasi and Jogin traditions of sexual exploitation (in states of Andhra Pradesh, Karnataka and Maharashtra);

-  implementation of projects for rehabilitation of Devdasis, Jogins, women victims under various schemes for training and employment of women, like the Support for Training and Employment Programme (STEP);

-  conducting of surveys in several states with a view to identification of Devdasis/Jogins women and their rehabilitation;

-  ratification by India of the International Protocol to prevent, suppress and punish trafficking in persons, especially women and children and signing of the SAARC Convention on combating trafficking and commercial sexual exploitation of women and children.

17. The Committee welcomes the abovementioned actions and the Government’s commitment to address the problem. However, it notes from the report of the Committee on prostitution, child prostitutes and children of prostitutes referred to above that, "though there are a number of studies and reports on commercial sexual exploitation of women and children, there are no reliable estimates of the extent and magnitude of trafficking and commercial sexual exploitation in India". The Committee hopes that, in spite of the obstacles in trying to estimate the magnitude of the problem, described by the Government, measures will be taken to compile reliable statistics, including that concerning child prostitutes, which would contribute to the process of their rehabilitation. It also asks the Government to continue to provide information on the action taken to combat trafficking and commercial sexual exploitation of women and children, and in particular, as regards the revision and development of the legislative framework and implementation of rehabilitation projects.

[The Government is asked to report in detail in 2003.]