Debt bondage
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Debt bondage (or bonded labor) is an arrangement whereby a person is
forced to pay off a loan with direct labor in place of currency, over
an agreed or obscure period of time. When a debtor is tricked or
trapped into working for very little or no pay, or when the value of
their work is significantly greater than the original sum of money
borrowed, some consider the arrangement to be a form of unfree labour
or debt slavery. It is similar to peonage, indenture or the truck
system.
Legal Definition
Debt bondage is classically defined as a situation when a person
provides a loan to another and uses his or her labor or services to
repay the debt; when the value of the work, as reasonably assessed, is
not applied towards the liquidation of the debt, the situation becomes
one of debt bondage. See United Nations 1956 Supplementary Convention
on the Abolition of Slavery.
[edit] Historical background to bonded labor
Prior to the early modern age, feudal and serfdom systems were the
predominant political and economic systems in Europe. These systems
were based on the holding of all land in fief or fee, and the
resulting relation of lord to vassal, and was characterized by homage,
legal and military service of tenants, and forfeiture.[citation
needed]
A modernization of the feudal system was "peonage", where debtors were
bound in servitude to their creditors until their debts were paid.
Although peons are only obliged to a creditor monetarily.[citation
needed]
Historical peonage
Peonage is a system where laborers are bound in servitude until their
debts are paid in full. Those bound by such a system are known, in the
US, as peons.[citation needed] Employers may extend credit to laborers
to buy from employer-owned stores at inflated prices.[original
research?] This method is a variation of the truck system (or company
store system), in which workers are exploited by agreeing to work for
an insufficient[original research?] amount of goods and/or services.
In these circumstances, peonage is a form of unfree labor. Such
systems have existed in many places at many times throughout history.
Historical examples
The American South - Such a system was often used in the southern
United States after the American Civil War where African-American and
poor white farmers, known as sharecroppers, were often extended credit
to purchase seed and supplies from the owner of the land they farmed
and pay the owner in a share of the crop.
In Peru a peonage system existed from the 1500s until land reform in
the 1950s. One estate in Peru that existed from the late 1500s until
it ended had up to 1,700 peons employed and had a jail. Peons were
expected to work a minimum of three days a week for their landlord and
more if necessary to complete assigned work. Workers were paid a
symbolic 2 cents per year. Workers were unable to travel outside of
their assigned lands without permission and were not allowed to
organize any independent community activity.
Thousands of such laborers were sold into slavery during the West
African slave trade and ended their lives working as slaves on the
plantations in the New World. For this reason, section 2 of the Slave
Trade Act 1843 enacted by the British Parliament declared "persons
holden in servitude as pledges for debt" to "be slaves or persons
intended to be dealt with as slaves" for the purpose of the Slave
Trade Act 1824 and the Slavery Abolition Act 1833.
It continued to be very common in Africa and China, but was suppressed
by the authorities after the establishment of the People's Republic of
China.[citation needed]. It persists in rural areas of India, Pakistan
and Nepal.[citation needed]
In Niger, where the practice of slavery was outlawed in 2003, a study
found that almost 8% of the population are still slaves.[1] Descent-
based slavery, where generations of the same family are born into
bondage, is traditionally practised by at least four of Niger’s eight
ethnic groups. The slave masters are mostly from the nomadic tribes —
the Tuareg, Fulani, Toubou and Arabs.[2]
According to some claims, 40 million people in India, most of them
Dalits, are bonded workers, many working to pay off debts that were
incurred generations ago. Rise of Dalit politicians in India, and
their overwhelming support by non-Dalits, as well as Government
commitment to overall improve education, communication and living
standards in India has resulted in rapid decline of bonded labor in
India. Penalties for those indulging in employing bonded labor are
severe and Human Rights Groups are very active in curbing these
practices. Television media and increased penetration of cheap
satellite television has spread awareness to the most remote areas and
made people aware of the rights, hence the evidence of forced labor in
India is rapidly declining.
These claimed figures are comparable to ones in Bolivia, Brazil, Peru
and Philippines.
There are no universally accepted figures for the number of bonded
child labourers in India. Again, Government's commitment to universal
education and poverty eradication programmes have resulted in
significant decrease in number of bonded labors. In the traditional
industries of high quality hand-woven fabrics and handicrafts,
increased awareness by international buyers and stringent checks put
in place by multinational corporations on their suppliers has resulted
in suppliers and manufacturers to replace bonded child labor by
instead offering educational facilities to children of their employees
and workers. International Tourists to places like Rajasthan also play
their part and have at many times reported instances of child labor to
authorities who swiftly act to curb any child labor. In contrast, of
20 million bonded labourers in Pakistan 7.5 million are children.
Modern views
See also: Human trafficking http://en.wikipedia.org/wiki/Human_trafficking
http://en.wikipedia.org/wiki/Anti-Slavery_International
According to Anti-Slavery International, "A person enters debt bondage
when their labor is demanded as a means of repayment of a loan, or of
money given in advance. Usually, people are tricked or trapped into
working for no pay or very little pay (in return for such a loan), in
conditions which violate their human rights. Invariably, the value of
the work done by a bonded laborer is greater that the original sum of
money borrowed or advanced."[citation needed]
Some see the term as also applying to inhabitants of countries who
must work to repay extensive national debt, but which incurrance of
debt they did not agree to, and (arguably) have not benefited from.[3]
According to the Anti-Slavery Society:
Pawnage or pawn slavery is a form of servitude akin to bonded labor
under which the debtor provides another human being as security or
collateral for the debt. Until the debt (including interest on it) is
paid off, the creditor has the use of the labor of the pawn.[4]
At international law
Debt bondage has been defined by the United Nations as a form of
"modern day slavery" [5] and is prohibited by international law. It is
specifically dealt with by article 1(a) of the United Nations 1956
Supplementary Convention on the Abolition of Slavery. It persists
nonetheless especially in developing nations, which have few
mechanisms for credit security or bankruptcy, and where fewer people
hold formal title to land or possessions. According to some
economists, for example Hernando de Soto, this is a major barrier to
development in those countries - entrepreneurs do not dare take risks
and cannot get credit because they hold no collateral and may burden
families for generations to come.[citation needed]
Where children are forced to work because of debt bondage of the
family, this is considered not only child labor, but one of the worst
forms of child labor in terms of the Worst Forms of Child Labour
Convention, 1999 of the International Labour Organization.[citation
needed]
Despite the UN prohibition, Anti-Slavery International estimates that
"between 10 and 20 million people are being subjected to debt bondage
today."[citation needed] Other estimates place the number as high as
40 million. Researcher Siddharth Kara has calculated the number of
slaves in the world by type, and determined the number of debt bondage
slaves to be 18.1 million at the end of 2006. [6] He has updated this
number for the end of 2009 to be 18.4 million, the increase primarily
as a result of the 2007 global commodity bubble, followed by the
global economic crisis of 2008 and 2009.
http://en.wikipedia.org/wiki/International_law
http://en.wikipedia.org/wiki/Hernando_de_Soto_(economist)
http://en.wikipedia.org/wiki/Entrepreneurs
http://en.wikipedia.org/wiki/Child_labor
http://en.wikipedia.org/wiki/Worst_Forms_of_Child_Labour_Convention,_1999
http://en.wikipedia.org/wiki/International_Labour_Organization
Modern examples
Prostitution - News media in western Europe regularly carry reports
about one particular kind of debt bondage: women from Eastern Europe
who are forced to work in prostitution as a way to pay off the "debt"
they acquired when they were illegally smuggled to destinations in
Western Europe. This form of debt bondage also takes place in other
parts of the world, such as women moving from Southeast Asia or Latin
America.[citation needed]
http://en.wikipedia.org/wiki/Prostitution
http://en.wikipedia.org/wiki/Southeast_Asia
http://en.wikipedia.org/wiki/Latin_America
Marxist analysis
According to Marxist economists, debt bondage is characteristic of
feudal economies, where families are considered the responsible unit
for financial relationships, and where heirs continue to owe parents'
debts upon their deaths. Fully capitalist economies are characterized
by the individual taking all responsibility, and such mechanisms as
bankruptcy and inheritance taxes reducing creditors' rights (while
increasing the power of the state). Heirs are freed from the creditor,
but at the cost of a drastically increased power accruing to the state
itself.
Debt bondage is often a form of disguised slavery in which the subject
is not legally owned, but is instead bound by a contract to perform
labor to work off a debt, under terms that make it impossible to
completely retire the debt and thereby escape from the contract.
[citation needed]
http://en.wikipedia.org/wiki/Marxist_economists
http://en.wikipedia.org/wiki/Feudal
http://en.wikipedia.org/wiki/Bankruptcy
http://en.wikipedia.org/wiki/Inheritance_taxes
http://en.wikipedia.org/wiki/Slavery
http://en.wikipedia.org/wiki/Contract
http://en.wikipedia.org/wiki/Debt
See also
Bonded Labour Liberation Front, India
http://en.wikipedia.org/wiki/Bonded_Labour_Liberation_Front
Bondage in Pakistan
http://en.wikipedia.org/wiki/Bondage_in_Pakistan
Debtor's prison
http://en.wikipedia.org/wiki/Debtor%27s_prison
Karl Marx
http://en.wikipedia.org/wiki/Karl_Marx
Peon
http://en.wikipedia.org/wiki/Peon
The State of Bonded Labor in Pakistan
http://en.wikipedia.org/wiki/The_State_of_Bonded_Labor_in_Pakistan
Worst Forms of Child Labour Convention
http://en.wikipedia.org/wiki/Worst_Forms_of_Child_Labour_Conventionhttp:
References
This article includes a list of references, related reading or
external links, but its sources remain unclear because it lacks inline
citations. Please improve this article by introducing more precise
citations where appropriate. (September 2009)
^ [1] http://news.bbc.co.uk/2/hi/programmes/from_our_own_correspondent/4250709.stm
^ [2] http://www.smithsonianmag.com/people-places/10013271.html?page=3
^ Debt Bondage Or Self-Reliance, GATT-Fly
^ [3] http://anti-slaverysociety.addr.com/pawnage.htm
^ The Bondage of Debt: A Photo Essay, by Shilpi Gupta
http://journalism.berkeley.edu/projects/asiaproject/Gupta.html
^ Kara, Siddharth (January 2009). Sex Trafficking - Inside the
Business of Modern Slavery. Columbia University Press. ISBN
978-0231139601.
External links
Photo-story on modern-day slavery (debt-bondage) in Brazil by
photographer Eduardo Martino
http://www.eduardomartino.com/pages/slavery_brazil.html
Human Rights Watch report on Thai women tricked into debt bondage in
Japan
http://www.hrw.org/legacy/reports/2000/japan/6-sec-6-7-8.htm
1996 Human Rights Watch report on bonded child labor in India
http://www.ilo.org/sapfl/lang--en/index.htm
http://anti-slaverysociety.addr.com/bclab.htm
http://clpmag.org/article.php?article=Twenty-First-Century-Slavery_146
http://www.hrw.org/legacy/reports/1996/India3.htm
Anti-Slavery International
Common Language Project article on bonded labor in Pakistan
Bonded child labor
The ILO Special Action Programme to combat Forced Labour (SAP-FL)
http://en.wikipedia.org/wiki/Bonded_labor
THE SMALL HANDS OF SLAVERY
Bonded Child Labor In India
Human Rights Watch Children's Rights Project
Human Rights Watch/Asia
Human Rights Watch
Copyright © September 1996 by Human Rights Watch.
All rights reserved.
rinted in the United States of America.
ISBN 1-56432-172-X
Library of Congress Catalog Card Number 96-77536
This is the half report. (The last part)
The first part would follow in the next post...
Another writer, a human rights lawyer with extensive experience
working with bonded laborers, put it more bluntly. "A bonded labourer
who becomes free without the means to survive," he wrote, "becomes
free to die."30
As of 1996, a bonded laborer identified and released by the state is
entitled to a rehabilitation allowance of 6,250 rupees. The 1994-1995
annual report of the Indian government's Ministry of Labour reported
that in August 1994, state and central government labor officials
agreed to raise the rehabilitation allowance to 10,000 rupees.31
Nonetheless, as of July 1996, this raise had not been effectuated.
The failure of state governments to comply with their legal
obligations under the Bonded Labour System (Abolition) Act-
particularly the formation and adequate functioning of the district-
level vigilance committees-is one of the primary reasons behind the
low enforcement rate of the law and the continuing high prevalence of
bonded labor. (Indeed, by some accounts, bonded labor is actually
increasing during the 1990s.32) Another contributing factor, mentioned
previously in the context of child labor policy, is the failure of the
government to gather and maintain accurate or even plausible
statistics.
The statistics problem is as acute in the bonded labor context as it
is in the child labor context. According to credible estimates, the
number of bonded laborers in India is approximately sixty-five
million, representing slightly more than 7 percent of the country's
total population.33 Certain individual states alone are estimated to
have bonded labor populations of one to two million people; a report
from Tamil Nadu, based on extensive research conducted at the
direction ofthe Supreme Court, concluded that there were "well over 10
lakhs" (one million) bonded laborers working in that state.34 Other
states known to have high rates of bondage include Andhra Pradesh,
Karnataka, Madhya Pradesh, Maharashtra, Gujarat, Rajasthan, Uttar
Pradesh, Haryana, and Bihar.
In contrast to the figures used by social scientists, the Indian
government's figures regarding bonded labor are unconvincingly low.
The central Ministry of Labour relies on the state Ministries of
Labour-which are charged with enforcing the Bonded Labour System
(Abolition) Act-to report the number of bonded laborers identified,
released, and rehabilitated. Based on information submitted by the
states, the central Ministry of Labour's 1994-1995 Annual Report
stated that the nationwide target for 1994-1995 was the rehabilitation
of 2,784 bonded laborers-a figure representing less than .005 percent
of all estimated bonded laborers. The figure for the total number of
bonded laborers identified, when viewed in contrast to the same
figures provided in 1989, illustrate the lack of implementation of the
Bonded Labour (Abolition) Act. In 1989, the total number of bonded
laborers identified was 242,532.35 By 1995, this number had risen to
251,424.36 These figures indicate that from 1988 to 1995, only 8,892
bonded laborers had been identified throughout the country, at a time
when nongovernmental sources were reporting that there were as many as
sixty-five million bonded laborers in India by 1994.37 Ironically, in
the paragraph following the presentation of statistics in the 1994-95
Annual Report, the report states that "[t]he [state] Governments are
attaching the highest priority to the total eradication of the bonded
labour system in the country."38
The central government's reliance on and acceptance of state
government statistics regarding bonded labor is misplaced and
irresponsible. The majority ofstate governments vastly underreport the
incidence of bonded labor within their borders. For instance, the
government of Tamil Nadu, where an independent commission recently
concluded that there existed more than one million bonded laborers,
stated in a sworn affidavit to the Supreme Court that "in Tamil Nadu,
only stray cases of bonded labour are noticed..."39 Twelve other state
governments made the same assertion to the court, which expressed its
disbelief by ordering independent investigations into the matter.40
In interviews with Human Rights Watch, top labor officials from the
states of Gujarat and Rajasthan, both states with high levels of debt
bondage, asserted that there was no bonded labor in their states. "I
frankly don't think it [bonded labor] exists in Rajasthan," said Ashok
Shekhar, Labour Commissioner for Rajasthan; one of his subordinates
added that, "there is no case of bonded labour in Rajasthan."41 When
asked about the reports of widespread bondage from journalists and
activists, Commissioner Shekhar conceded, as noted, that there might
exist "technical bonded labour," whereby an advance is paid to secure
a worker's labor, but he insisted that this practice was "not really
bondage." He also said that activists who organize against bonded
labor practices in the stone quarries of Rajasthan are not acting on
behalf of the bonded laborers, but rather are hoping to be paid off by
the owners in order to stay quiet. Ashok Bhasin, the Deputy Labour
Commissioner for the neighboring state of Gujarat, concurred
withCommissioner Shekhar's statements. As for his own state, he
asserted that "bonded labour does not exist in Gujarat... neither
among women, men, or children."42
Dr. Manoj Dayal, a professor at the University of Allahabad described
how the government of Bihar "abolished" bonded labor:
As soon as the issue of abolishing bonded labour was raised in Bihar,
the State Government outrightly persisted that there was no system of
bonded labour prevailing in the State; that what exists in the State
is a system of attached labour and that the labourers are assured of
remuneration, cultivable and homestead land, clothing, interest-free
loans and so on. The Bihar Government thus abolished bonded labour by
redefining it and by terming it as "attached labour system."43
Given this willful denial of one of the country's most pressing social
ills, it is not surprising that government officials' efforts on
behalf of bonded laborers have remained meager at best. The failure to
address the issue is doubly egregious in the case of bonded child
laborers, who, without intervention, will be doomed to pass their
entire lives in a state of virtual slavery.
FAILURE OF THE INDIAN GOVERNMENT TO ENFORCE THE LAW
An analysis of data indicating the number of prosecutions launched
under [the Child Labour] Act and convictions obtained would clearly
indicate that this act ... has achieved very little.44
The government's failure to enforce the Child Labour (Prohibition and
Regulation) Act and the government's failure to enforce the Bonded
Labour System (Abolition) Act-not to mention the failure to enforce
the several other laws protecting child workers-are twin
manifestations of the same set ofphenomena. These phenomena include
apathy, caste and class bias, obstruction of enforcement efforts,
corruption, low prioritization of the problem, and disregard for the
deep and widespread suffering of bonded child laborers.
Enforcement Statistics
A glaring sign of neglect of their duties by officials charged with
enforcing child labor laws is the failure to collect, maintain, and
disseminate accurate statistics regarding enforcement efforts. Human
Rights Watch met with a top official of the Ministry of Labour, but he
was unable to provide any statistics regarding enforcement of the
Child Labour (Prohibition and Regulation) Act or other legislation
protecting the rights of child workers.45 We attempted to meet with S.
S. Sharma, the Director General of Labour Welfare and, as such, the
official entrusted with enforcement of the Bonded Labour System
(Abolition) Act. Director-General Sharma refused to grant an interview
to Human Rights Watch while we were in New Delhi, suggesting instead
that we fax him a set of questions, which we did. Unfortunately, we
received no response.46 The enforcement statistics that follow have
been gleaned from a variety of sources, including public government
documents, news reports, and interviews with government officials.
Child Labour (Prohibition and Regulation) Act
At the national level, from 1990 to 1993, 537 inspections were carried
out under the Child Labour (Prohibition and Regulation) Act. These
inspections turnedup 1,203 violations. Inexplicably, only seven
prosecutions were launched.47 At the state level, the years 1990 to
1993 produced 60,717 inspections in which 5,060 violations of the act
were detected; 772 of these 5,060 violations resulted in convictions.
48
At the state level during the 1993 to 1994 year, the latest period for
which data are available, 1,596 cases were filed against employers.49
The number of convictions is unknown; many of these cases may still be
pending.
When convictions are obtained under the Child Labour (Prohibition and
Regulation) Act, the fines are light. The vast majority of adjudicated
offenders receive fines of five dollars or less-just a few hundred
rupees, as opposed to the 10,000 to 20,000 fine stipulated by the act
itself.50 To the knowledge of Human Rights Watch, not a single case
brought under the act has resulted in imprisonment, to date, although
the act allows for sentences of three months to a year for first-time
offenders and six months to two years for repeat offenders.51
Some information is available from various states of India regarding
enforcement of the Child Labour (Prohibition and Regulation) Act. In
Tamil Nadu, the act was not enforced until 1994-eight years after its
passage-when a casewas filed in North Arcot district.52 In the two
years since then, according to a senior state official, there have
been fifteen or sixteen convictions under the Child Labour
(Prohibition and Regulation) Act, and another fifty cases or so are
pending.53 To date, no one has been imprisoned in Tamil Nadu for
violation of either the Child Labour (Prohibition and Regulation) Act
or the Bonded Labour System (Abolition) Act. According to activists in
the state, on the rare occasions when prosecutions of Child Labour
(Prohibition and Regulation) Act offenders are mounted by the state,
some judicial magistrates are quick to dismiss the charges, ostensibly
for lack of evidence, but in fact because of corruption or sympathy
with the defendant employers.54
In the Firozabad district of Uttar Pradesh, more than 50,000 children
are estimated to be working in glass factories in violation of the
Factories Act and the Child Labour (Prohibition and Regulation) Act.55
Nonetheless, in 1995 there were only two convictions for child labor
law violations in Firozabad, and the assistant labour commissioner,
Mr. B. K. Singh, told a journalist that "[t]here is no child labour in
the district now."56 According to the Secretary General of the
National Human Rights Commission, the enforcement problem, in
Firozabad and elsewhere, is "just a matter of people not doing their
work."57
Bonded Labour System (Abolition) Act
Official statistics reflecting enforcement of the Bonded Labour System
(Abolition) Act are equally difficult to obtain. Statistics regarding
application of the Bonded Labour System (Abolition) Act to children
are nonexistent. Indeed, at least some government officials
interviewed by Human Rights Watch appeared to be laboring under the
conviction that the Bonded Labour System (Abolition) Act does not
apply to children, an interpretation that has no basis in the law
itself nor in Supreme Court cases interpreting the law.
As of March 1993, the latest date for which official figures are
available, state governments had reported the identification and
release of a total of 251,424 bonded laborers. This number indicates
all bonded laborers identified and released since the Bonded Labour
System (Abolition) Act was passed in 1976.58 Of this number, 227,404
were reported to have been rehabilitated.59 If this number includes
any rehabilitated bonded child laborers, that fact has not been
reported.
State governments' statistics grossly under-report the current
incidence of bonded labor. As mentioned, the Supreme Court has been
examining the incidence of bonded labor in thirteen states.60 These
thirteen states, chosen by the court for investigation because of
their reputation for high rates of debt bondage, all claimed in
affidavits to the court that there was little or no bonded labor
within their jurisdictions.61 The court, skeptical of these claims,
appointed teams of investigators to study the issue in each state.62
When districts and states do report on statistics regarding the
identification and rehabilitation of bonded laborers, these numbers
are frequently unreliable. The team investigating bonded labor in
Tamil Nadu, for example, found that"[s]tatutory registers relating to
bonded labour were not maintained in many districts."63 Simple neglect
or lack of resources is not the only or even the primary reason for
lack of accurate statistics. According to the investigative team,
"Details provided by the state government and the district
administration do not tally in most districts and even appear
fabricated."64
This can be seen in states' statistics on bonded labor which are
submitted to the central government. For example, there are at least
three examples from 1988 to 1995 where states have reported that the
number of bonded laborers that have been rehabilitated are greater
than the number of bonded laborers that have been identified. In 1988,
the state of Tamil Nadu reported that 34,640 bonded laborers had been
rehabilitated, but they also reported that 33,581 bonded laborers had
been identified, meaning that the state claimed it had rehabilitated
1,059 more people than it had ever identified as bonded laborers.65 In
the 1989-90 report to the Ministry of Labour, the state of Orissa
reported that 51,751 bonded laborers had been rehabilitated, but only
48,657 had been identified.66 The state of Tamil Nadu reported in the
1994-95 Ministry of Labour Annual Report that 39,054 bonded laborers
had been rehabilitated, but they had identified 38,886.67 In total,
these three examples indicate that 4,321 more people were
rehabilitated than were identified as bonded laborers.
These statistics are disturbing for two reasons. The first is that
these statistics are cumulative totals, meaning that every year, new
cases are added to the cases from previous years, dating back to 1976,
when the Bonded Labour System (Abolition) Act became law, so that the
yearly statistics represent the total number of bonded laborers that
have ever been identified, released, and rehabilitated. The second
factor that makes the statistics suspect is that before bonded
laborers can be eligible for rehabilitation, they must be identified
as bonded laborers. Because ofthis methodology, the cumulative totals
for rehabilitation can never be more than the cumulative totals for
identification and when this occurs, such as the previous three cases,
it indicates a serious flaw in reporting. This may be due to several
factors: state governments may be arbitrarily determining bonded labor
statistics, or the inaccuracies may be due to simple error, or people
who were not bonded laborers are being rehabilitated as bonded
laborers. In one example of the latter, a survey of 180 bonded
laborers who had been officially rehabilitated by the Bihar government
found that 120 had never been bonded.68
Another indication that the law is not being enforced is the fact much
of the money allocated for the rehabilitation of bonded laborers is
unspent and reabsorbed by the government. Funding for rehabilitation
is allocated through a fifty-fifty matching grant in which the states
undertake rehabilitation and the central government matches their
expenditures.69 It is administered through several schemes under the
Integrated Rural Development Program (IRDP) and Jawahar Rozgar Yojana
(JRY). Records of expenditures for these programs show that in
1989-90, only 76.16 percent of the funds were utilized. In 1990-91,
78.41 percent of funds were utilized. And in 1991-92, only 47.83
percent of funds available were utilized for rehabilitating bonded
laborers.70 On March 14, 1996, the Parliamentary Committee on Labour
and Welfare reported that only 38.39 percent of the funds available
for the rehabilitation of bonded laborers had been utilized. The
reason given was that "the state governments failed to submit
certificates in regard to the expenditure incurred by them. Because of
this lapse, the Central government did not release funds to them."71
The failure to report expenditures indicates a failure to enforce the
law.
A Supreme Court lawyer closely connected to bonded labor litigation
corroborated the unreliable nature of the district collectors'
reports, saying there is "no mechanism to ascertain [the collectors']
veracity."72 According to thisadvocate and others familiar with the
issue, corruption in application of the Bonded Labour System
(Abolition) Act and dispersal of act-related rehabilitation funds is
common. "A collector may receive 100,000 rupees for rehabilitation
efforts but disperse only 10,000 of it. Embezzlement is difficult to
track, but we all know it happens. For example, a bonded labourer
comes in, puts his thumb print on the document saying he will receive
6,250 rupees, but receives only 3,000 rupees."73
Corruption and neglect are not the only reasons for bad statistics
regarding bonded labor. Another is passivity on the part of enforcing
officials, who too often take no affirmative steps to discover and
root out debt bondage in their districts. Whether this is due to
simple apathy or to a misunderstanding on their part of their official
duties, the effect is disastrous for bonded laborers, who are left in
their state of enslavement indefinitely. In Tamil Nadu, for example,
the investigators found that "most District Collectors... had one
basis to assume that bonded labour does not exist-No one is coming
forward [to report that they are in bondage]."74
Human Rights Watch was unable to obtain any statistics on prosecution
under the Bonded Labour System (Abolition) Act after 1988.75 Up to
1988, there were 7,000 prosecutions under the Bonded Labour
(Abolition) Act throughout India, of which 700 resulted in convictions.
76 It is certain that prosecution under the act is rare. In Tamil
Nadu, the first prosecutions under the twenty-year-old act occurred in
1995, when eight beedi employers were arrested by the North Arcot
District Collector.77 The case, which drew headlines in the regional
press, was depicted as a bold "get tough" measure. The agents spent
one night in jail andwere fined 500 rupees each.78 The Bonded Labour
System (Abolition) Act allows for punishment of three years in prison
and a 2,000 rupee fine.
Obstacles to Enforcement
Apathy
The endemic apathy among government officials charged with enforcing
India's labor laws is apparent at all levels: national, state, and
district. While undoubtedly there are many committed men and women
among their ranks-including, for example, the district collector of
North Arcot in Tamil Nadu, whom Human Rights Watch interviewed-such
commitment is not the norm. From India's top labor officials all the
way down to the local level, where tehsildars (community leaders) use
their influence to support the status quo, Human Rights Watch and
other researchers have found a profound lack of concern for the plight
of bonded and child laborers.
There are many concrete examples of government neglect. The Child
Labour (Prohibition and Regulation) Act, signed into law in 1986,
requires each state to formulate rules for its implementation. Until
this is done, the law cannot be applied in those states. As of July
1996, a full ten years after the act's birth, the majority of states
have failed to formulate and implement these necessary rules.79 It is
a sign of the government's disregard of this issue that we are unable
to report the exact number of India's twenty-five states that have
made rules for the act's application. When we asked a very senior
official of the central Ministry of Labour-who spoke only on condition
of anonymity-how many states had made rules under the Child Labour
(Prohibition and Regulation) Act, he said "I don't know." He then
said, "Laws don't matter. Economics do," and went on to assert that,
until rural prosperity increases, nothing can be done about child
labor.
Clearly, states are receiving no pressure from the national government
to implement the Child Labour (Prohibition and Regulation) Act. Nor,
for the most part, are they themselves taking the initiative to push
for greater enforcement of child labor legislation. It is at the
district level that most enforcement efforts are coordinated and
carried out, and these efforts are managed and overseen by the
district magistrates. The district magistrates, or collectors as they
are also called, are civil servants appointed by the state ministers,
and are the top law enforcement and administrative authorities at the
district level. At a 1995 conference of district magistrates and
collectors in New Delhi, various district heads told a journalist that
child labor was "very low" on their list of priorities, ranking about
twenty-fifth (investment in high-tech industries was first).80
Regarding the Bonded Labour System (Abolition) Act, the government's
egregious neglect of the law is most evident in the nearly universal
failure of districts to form the requisite vigilance committees, much
less ensure that the committees function meaningfully. The vigilance
committees form the core of act enforcement-if implemented as
intended, these committees could contribute dramatically to the
eradication of bonded labor. For overburdened district collectors,
they would provide resources; for corrupt district collectors, they
would provide oversight; and for all district collectors, they would
provide essential liaison possibilities to the bonded laborer
population, whose interests are usually at odds with the interest and
sympathies of their local leaders.81
Nonetheless, notwithstanding the act's unambiguous requirement that
vigilance committees be formed and active, as well as numerous supreme
court rulings emphasizing the importance of the committees for act
enforcement, Human Rights Watch has learned of no functioning
vigilance committee anywhere in India.
Apathy, or at least a low prioritization of child and bonded labor
issues, is also evident in the slow pace at which complaints are
adjudicated-enforcement in the courts is very slow. One attorney told
us of a case he filed with the Supreme Court under the Bonded Labour
System (Abolition) Act in 1984. A fact finding committee was not
appointed until 1991 and, although arguments and submissionsbefore the
court concluded in 1994, as of 1996 no decision had yet been issued.82
The time table is not much better for the bonded labor case before the
Supreme Court, People's Union for Civil Liberties v. State of Tamil
Nadu, et al., which was filed in 1985 and as of 1996 was under
consideration by the court.
Delays in prosecuting cases under the Child Labour (Prohibition and
Regulation) Act are also not uncommon. One such case, filed in 1986
shortly after the act took effect, was reported to be still pending at
the prosecution stage eight years later, in 1994, with the accused
continuing to engage in prohibited practices. The delay in processing
the complaint, filed against an owner of a glass and bangles factory
in Firozabad, is all the more startling in view of the fact that the
complaint was filed by then-Labour Minister P. A. Sangma.83
Caste and Class Bias
A key element of enforcement is the attitude and the tendency toward a
subjective interpretation of the Bonded Labour System (Abolition) Act,
1976 by government officials, including district magistrates, police
officers, labor inspectors, and judges. Too often, because of their
own backgrounds and the climate in which they work, those officers
entrusted with enforcement are more sympathetic to the employers than
to the child or bonded laborers. This phenomenon has been noted
repeatedly in the context of enforcement of the Bonded Labour System
(Abolition) Act.
We had some time back a case before us where pursuant to a direction
given by the Collector as a result of an order made by this Court, the
Tehsildar went to the villages in question and sitting on a dais with
the landlords by his side, he started enquiring of the labourers
whether they were bonded or not and when the labourers, obviously
inhibited and terrified by the presence of the landlords, said that
they were not bonded but they were working freely and voluntarily, he
made a report to the Collector that there were no bonded labourers.84
In the rare instances where vigilance committees or similar bodies
have been formed, according to one researcher, they have been composed
of people who themselves, either directly or through their families,
employ bonded labor.85 District collectors and other civil servants
assigned to bonded labor enforcement are also more often than not
aligned with the property-holding-including the holding of bonded
laborers-class. One researcher told Human Rights Watch of working with
a team of three Indian Administrative Service officers, who had been
assigned by the Supreme Court to investigate a case of bonded labor
affecting between 2,500 and 3,000 people. The investigators were urban
middle-class men from land-owning families in the region; in private
conversations, they made it clear that they considered the use of
bonded labor to be an acceptable practice.86
Many bond masters are themselves government employees, including
teachers, railway workers, and civil administrators.87 Because of
their steady income, these people are more likely to own land-which
they need someone to cultivate-and are more likely to have money
available for lending purposes. They are also more likely to be local
leaders and to have ties to the local and district administration,
both factors which tend to inhibit prosecution.
Despite the obvious limitations of relying on high-caste and local
landowning officials to attack bonded labor, outreach by the
government to affected populations and collaboration with grass-roots
social actions groups have not yet been implemented to any significant
degree.
Obstruction
It is not uncommon for those accused of violating labor laws to engage
in overt obstruction of the legal process. This ranges from
intimidation of thecomplaining workers, to bribery of government
officials, to physical threats and violence against the bonded
laborers and their advocates.88
Those who file suit against employers of bonded labor are frequently
harassed, according to a New Delhi lawyer who has been engaged in
bonded labor cases for more than a decade.89
The danger is greatest to those who work in rural areas, where bondage
is often the norm and is employed by powerful and ruthless owners.
According to another attorney closely related to bonded labor
litigation, the advocates and especially the workers who complain
about their status are "risking their lives... they are putting their
lives on the line, and the state officials have turned a callous eye
to it."90
Government officials may do more than just turn a "callous eye" toward
violence against the bonded laborers and their advocates. Several
activists told Human Rights Watch of police collusion with local
employers, including returning escaped workers to the employers and
intimidating, through force or threat of force, workers who are
attempting to organize for improved conditions.91
Corruption
As noted in previous chapters, corruption among government officials
charged with enforcement of labor laws is notorious and widespread.
Labor inspectors, medical officers, local tehsildars (representatives
of the district magistrates at the local level), and judges and
judicial magistrates are all known to be susceptible to bribery.
Lack of Accountability
Under the Bonded Labour System (Abolition) Act, district magistrates
are supposed to report to the state government periodically regarding
the number of cases of bonded laborers identified, released, and
rehabilitated. Most districtmagistrates either do not make these
reports at all, or make them sporadically. Furthermore, no mechanism
is in place whereby the accuracy of the district-level reports can be
ascertained, including such important issues as how many of the
identified workers have actually been released, and whether any
released workers have relapsed into bondage. Often, the district
magistrates will simply report that identified bonded laborers, or
formerly released bonded laborers, are "unavailable for
rehabilitation." That is to say, that their whereabouts are unknown.
Hence the central government's figures for 1994-1995, which state
that, of 251,424 bonded labourers identified between 1976 and 1995,
17,127 are "not available for rehabilitation."92
The rate of return into bondage by previously released bonded laborers
is neither studied nor recorded by the government; the effectiveness
of the rehabilitation scheme is therefore unknown. Various
nongovernmental sources believe the relapse rate to be very high.93
Part of the reason for return may be the long delays between
identification of bonded laborers and dispersal of rehabilitation
monies to them.94 Another factor may be the reportedly widespread
corruption among enforcing officials, who are accused of siphoning off
funds earmarked for rehabilitation purposes.
Lack of Adequate Enforcement Staff
Yet another obstacle to enforcement is the failure to devote
sufficient resources to the issue of bonded child labor. This failure
includes inadequate training of labor inspectors, an insufficient
number of inspectors,95 and anoverburdening of the district
magistrates.96 At both the state and the district level, the number of
personnel devoted to enforcement of child and bonded labor laws is
blatantly inadequate. In Tamil Nadu, for example, "there is only one
Assistant Section Officer dealing with the bonded labour issue for the
whole State... [and he] also holds other responsibilities.97
VII. CONCLUSION: COMBATING BONDED CHILD LABOR
The eradication of bonded child labor in India depends on the Indian
government's commitment to two imperatives: enforcement of the Bonded
Labour System (Abolition) Act, and the creation of meaningful
alternatives for already-bonded child laborers and those at risk of
joining their ranks.
In addition to genuine government action, it is essential that
nongovernmental organizations be encouraged by the government to
collaborate in this effort. The government has the resources and
authority to implement the law, while community-based organizations
have the grass-roots contacts and trust necessary to facilitate this
implementation. Furthermore, nongovernmental groups can act as a
watchdog on government programs, keeping vigil for corruption, waste,
and apathy. The elimination of current debt bondage and the prevention
of new or renewed bondage therefore requires a combination of
concerted government action and extensive community involvement.
Neither standing alone is sufficient. Bonded labor is a vast,
pernicious, and long-standing social ill, and the tenacity of the
bonded labor system must be attacked with similar tenacity; anything
less than total commitment is certain to fail.
ENFORCEMENT OF THE BONDED LABOUR SYSTEM
(ABOLITION) ACT
The Bonded Labour System (Abolition) Act was passed into law in 1976.
Twenty years later, Human Rights Watch has found that the goals of
this law-to punish employers of bonded labor and to identify, release,
and rehabilitate bonded laborers-have not been met, and efforts to do
so are sporadic and weak at best. The bonded labor system continues to
thrive.
The district-level vigilance committees, mandated by the Bonded Labour
System (Abolition) Act and constituting the key tool of act
enforcement, have not been formed in most districts. Those that have
formed tend to lie dormant, or, worse yet, are comprised of members
unsympathetic to the plight of bonded laborers, in direct
contravention of Supreme Court orders interpreting the act.
Without effective vigilance committees to assist, guide, and oversee
their efforts, district collectors are left alone in their efforts to
enforce the law. Collectors interested in enforcement are limited in
these efforts by competing administrative and prosecutorial duties;
without vigilance committees to share the work, meaningful enforcement
of the Bonded Labour System (Abolition) Act is difficult. Other
collectors are not interested in enforcing the act; for them, the lack
of a good vigilance committee means there is no pressure to do so.
Whether for lack of will or lack of support, India's district
collectors have failed utterly to enforce the provisions of the Bonded
Labour System (Abolition)Act. If collected statistics regarding
prosecutions under the act after 1988 exist, Human Rights Watch was
unable to obtain them. The only attempted prosecutions we learned of
occurred in Tamil Nadu in 1995, when eight employers of bonded child
labor were arrested, kept in jail over night, and fined a nominal
amount. The state of Tamil Nadu has an estimated one million bonded
laborers; according to the North Arcot District Collector, these were
the first charges ever brought under the act in Tamil Nadu.
In addition to prosecuting violators, district collectors are directed
by the act to identify, release, and rehabilitate bonded laborers.
India has an estimated fifteen million bonded child laborers alone.
The Indian government's Ministry of Labour, however, estimated in 1995
that there were just 2,784 bonded laborers of all ages identified and
awaiting rehabilitation. It made no mention of any bonded laborers yet
to be identified. Non-enforcement of the law is virtually guaranteed,
of course, so long as the government engages in a willful denial
regarding the existence and pervasiveness of bonded labor.
The mandated rehabilitation of released workers is essential. Without
adequate rehabilitation, those who are released will quickly fall
again into bondage. This has been established repeatedly, among both
adult and child bonded laborers. Nonetheless, the central and state
governments have jointly failed to implement required rehabilitation
procedures. Rehabilitation allowances are distributed late, or are not
distributed at all, or are paid out at half the proper rate, with
corrupt officials pocketing the difference. One government-appointed
commission found that court orders mandating the rehabilitation of
bonded laborers were routinely ignored.98
Finally, the Bonded Labour System (Abolition) Act directs vigilance
committees and district collectors to institute savings and credit
programs at the community level, so that the impoverished might have
access to a small loan during financial emergencies. This resource is
crucial. Just as enforcement of the law against employers would work
to terminate the demand for bonded labor, so would available credit
work to end the supply. Nearly every child interviewed by Human Rights
Watch told the same story: they were sold to their employers because
their parents were desperate for money and had no other way to get it.
For some, it was the illness or death of a parent, for others, the
marriage of a sister, and for others still, the need to buy food or
put a roof over their heads. In most cases, the amount of the debt
incurred was very small.
A community-based savings and credit program has been introduced in
North Arcot district, and early indications are that it will strike a
significant blow against bonded child labor. The program was launched
by the district collector for North Arcot, who claimed that sufficient
funds and personnel were available from existing rural development
programs. Similar initiatives should be instituted in all areas where
bonded child labor is prevalent.
CREATING ALTERNATIVES TO BONDED CHILD LABOR
Bonded child labor must be attacked from many fronts. Enforcement of
the law is essential, but it is not enough. The bonded child laborer
must have someplace else to go. The child's parents must have other
options available. The community must support the end of debt bondage
for children. In sum, the attack must be holistic-it must work to
change the system of debt bondage. Elements already in use by
community activists and some government officials include: education,
including vocational training and popular education, and rural
development.
The availability of free, compulsory, and quality education is widely
regarded as the single most important factor in the fight against
bonded and non-bonded child labor. The correlation between illiteracy
and bonded labor is strong, with researchers reporting that literacy
rates among bonded child laborers are as low as 5 percent.99 The
majority of children interviewed by Human Rights Watch had been
schooled for three years or less, and many said they could not read or
write.
Article 45 of the Indian Constitution commits the state to
"endeavor[ing] to provide, within a period of ten years from the
commencement of this Constitution, for free and compulsory education
for all children until they complete the age of fourteen years." The
constitution came into force in 1950. Recognizing the central
importance of education, India's leading non-governmental
organizations have called for the implementation of universal, free,
and compulsory education. Among them are: the Child Labour Action
Network (CLAN), the Campaign Against Child Labour (CACL), the Centre
for Rural Education and Development Action (CREDA), and the Bonded
Labour Liberation Front (BLLF). UNICEF-India and Anti-Slavery
International have likewise called on the Indian government to
implement education for all.
At the same time, alternate efforts to at least minimally educate
bonded children are already underway in a few areas. CREDA in the
carpet-belt, the MV Foundation in Andhra Pradesh, and the Indian
Council on Child Welfare (ICCW)in North Arcot, are all involved in non-
formal education initiatives. Some of these programs utilize modest
financial support to attract children, including small cash stipends
and periodic grain allowances. In addition to classic schooling,
children on the verge of adulthood may benefit from concrete skills
training as well.
CREDA and the MV Foundation also emphasize popular education for all
members of the community, in which community teachers stress the
importance of education for children and the deleterious effects of
exploitative child labor. Such outreach to the community as a whole is
necessary in order to chip away at the thick web of myths and
justifications that support the exploitation of child workers. These
myths contend that children must be trained at the "right" age or they
will never learn a skill; children must be trained in a profession
"appropriate" to their caste and background; children are well-suited
for certain kinds of work because of their "nimble fingers;" and child
labor is a natural and inevitable function of the family unit. These
views are widely shared by parents, educators, government officials,
and the public at large, with the result that talk of children's
rights in regard to labor is dismissed summarily. It is necessary to
change these views in order to change the system.
In sum, the fight against bonded child labor must be carried out on
two fronts: enforcement and prevention. Those employers who continue
to bind children to them with debt, paying just pennies for a
hazardous and grueling work day, must be prosecuted under the Bonded
Labour System (Abolition) Act. Employers or agents that physically
abuse, kidnap, unlawfully confine, threaten with violence, or expose
to dangerous conditions, within the context of the bonded labor
system, should be prosecuted for these crimes under the Indian Penal
Code and the Juvenile Justice Act, 1986. Children must be removed from
bondage and rehabilitated to avoid a subsequent return to bondage.
Finally, the educational and survival needs of all children at risk
must be addressed in order to stop the cycle of bondage.
APPENDICES
APPENDIX A: Selected Articles of the Indian Constitution
Article 21. Protection of life and personal liberty-No person shall be
deprived of his life or personal liberty except according to procedure
established by law.
Article 23. Prohibition of traffic in human beings and forced labour-
(1) Traffic in human beings and begar and other similar forms of
forced labour are prohibited and any contravention of this prohibition
shall be an offence punishable in accordance with law.
(2) Nothing in this article shall prevent the State from imposing
compulsory service for public purposes, and in imposing such service
the State shall not make any discrimination on grounds only of
religion, race, caste or class or any of them.
Article 24. Prohibition of employment of children in factories, etc.-
No child below the age of fourteen years shall be employed to work in
any factory or mine or engaged in any other hazardous employment.
Article 39. Certain principles of policy to be followed by the State-
The State shall, in particular, direct its policy towards securing-
(a) that the citizens, men and women equally, have the right to an
adequate means of livelihood;
(b) that the ownership and control of the material resources of the
community are so distributed as best to subserve the common good;
(c) that the operation of the economic system does not result in the
concentration of wealth and means of production to the common
detriment;
(d) that there is equal pay for equal work for both men and women;
(e) that the health and strength of workers, men and women, and the
tender age of children are not abused and that citizens are not forced
by economic necessity to enter avocations unsuited to their age or
strength;
(f) that children are given opportunities and facilities to develop in
a healthy manner and in conditions of freedom and dignity and that
childhood and youth are protected against exploitation and against
moral and material abandonment.
Article 39A. Equal Justice and free legal aid-The State shall secure
that the operation of the legal system promotes justice, on a basis of
equal opportunity, and shall, in particular, provide free legal aid,
by suitable legislation or schemes or in any other way, to ensure that
opportunities for securing justice are not denied to any citizen by
reason of economic or other disabilities.
Article 41. Right to work, to education and to public assistance in
certain cases-The State shall, within the limits of its economic
capacity and development, make effective provision for securing the
right to work, to education and to public assistance in cases of
unemployment, old age, sickness and disablement, and in other cases of
undeserved want.
Article 42. Provision for just and humane conditions of work and
maternity relief-The State shall make provision for securing just and
humane conditions of work and for maternity relief.
Article 43. Living wage, etc., for workers-The State shall endeavour
to secure, by suitable legislation or economic organisation or in any
other way, to all workers, agricultural, industrial or otherwise,
work, a living wage, conditions of work ensuring a decent standard of
life and full enjoyment of leisure and social and cultural
opportunities and, in particular, the State shall endeavour to promote
cottage industries on an individual or cooperative basis in rural
areas.
Article 43A. Participation of workers in management of industries-The
State shall take steps, by suitable legislation or in any other way,
to secure the participation of workers in the management of
undertakings, establishments or other organizations engaged in any
industry.
Article 45. Provision for free and compulsory education for children-
The State shall endeavour to provide within a period of ten years from
the commencement of this Constitution, for free and compulsory
education for all children until they complete the age of fourteen
years.
Article 46. Promotion of educational and economic interests of
Scheduled Castes, Scheduled Tribes and other weaker sections-The State
shall promote with special care the educational and economic interests
of the weaker sections of the people, and, in particular, of the
Scheduled Castes and the Scheduled Tribes, and shall protect them from
social injustice and all forms of exploitation.
APPENDIX B: The Bonded Labour System (Abolition) Act, 1976
(No. 19 of 1976)
[9th February, 1976]
An act to provide for the abolition of bonded labour system with a
view to preventing the economic and physical exploitation of the
weaker sections of the people and for matters connected therewith or
incidental thereto
Be it enacted by Parliament in the Twenty-seventh Year of the Republic
of India as follows:
CHAPTER I
Preliminary
1. Short title, extent and commencement.-(1) This act may be called
the Bonded Labour System (Abolition) Act, 1976.
(2) It extends to the whole of India.
(3) it shall be deemed to have come into force on the 25th day of
October, 1975.
2. Definitions.-(1) In This act, unless the context otherwise
requires,-
(a) "advance" means an advance, whether in cash or in kind, or partly
in cash or partly in kind, made by one person (hereinafter referred to
as the creditor) to another person (hereinafter referred to as the
debtor);
(b) "agreement" means an agreement (whether written or oral, or partly
written and partly oral) between a debtor and creditor, and includes
an agreement providing for forced labour, the existence of which is
presumed under any social custom prevailing in the concerned
locality;
Explanation.-The existence of an agreement between the debtor and
creditor is ordinarily presumed, under the social custom, in relation
to the following forms of forced labour, namely:
Adiyamar, Baramasi, Bethu, Bhagela, Cherumar, Garrugalu, Hali, Hari,
Harwai, Holya, Jolya, Jeeta, Kamiya, Khundit-Mundit, Kuthia, Lakhari,
Munjhi, Mat, Musish system, Nit-Majoor, Paleru, Padiyal, Pannaayilal,
Sagri, Sanji, Sanjawal, Sewak,, Sewakis, Seri, Vetti;
(c) "ascendant" or "descendant" in relation to a person belonging to
matriarchal society, means the person who corresponds to such
expression in accordance with the law of succession in such society;
(d) "bonded debt" means an advance obtained, or presumed to have been
obtained, by a bonded labourer, or in pursuance of, the bonded labour
system
(e) "bonded labour" means any labour or service rendered under the
bonded labour system;
(f) "bonded labourer" means a labourer who incurs, or has, or is
presumed to have, incurred, a bonded debt;
(g) "bonded labour system" means the system of forced, or partly
forced labour under which a debtor enters, or has, or is presumed to
have, entered, into an agreement with the creditor to the effect
that,-
(i) In consideration of an advance obtained by him or by any of his
lineal ascendants or descendants (whether or not such advance is
evidenced by any document) and in consideration of the interest, if
any, due on such advance, or
(ii) in pursuance of any customary or social obligation, or
(iii) in pursuance of an obligation devolving on him by succession,
or
(iv) for any economic consideration of the interest, if any, due on
such advance, or
(v) by reason of his birth in any particular caste or community, he
would-
(1) render, by himself or through any member of his family, or any
person dependent on him, labour or service to the creditor, or for the
benefit of the creditor, for a specified period or for an unspecified
period, either without wages or for nominal wages, or
(2) forfeit the freedom of employment or other means of livelihood for
a specified period or for an unspecified period, or
(3) forfeit the right to move freely throughout the territory of
India, or
(4) forfeit the right to appropriate or sell at market value any of
his property or product of his labour or the labour of a member of his
family or any person dependent on him
and includes the system of forced, or partly forced, labour under
which a surety for a debtor or has, or has, or is presumed to have,
entered, into an agreement with the creditor to the effect that in the
event of the failure of the debtor to repay the debt, he would render
the bonded labour on behalf of the debtor;
Explanation.- For the removal of doubts, it is hereby declared that
any system of forced, or partly forced labour under which any workman
being contract labour as defined in Cl. (b) of subsection (1) or Sec.
2 of the Contract Labour (Regulation and Abolition) Act, 1970 (37 of
1970), or an inter-State migrant workman as defined in Cl. (e) of sub-
section (1) of Sec. 2 of the Inter-State Migrant Workmen (Regulation
and of Employment and Conditions of Service) Act, 1979 (30 of 1979),
is required to render labour or service in circumstances of the nature
mentioned in sub-clause (1) of this clause or is subjected to all or
any of the disabilities referred to in sub-clauses (2) to (4), is
"bonded labour system" within the meaning of this clause.
(h) "family", in relation to a person, includes the ascendant and
descendant of such person;
(i) "nominal wages", in relation to any labour, means a wage which is
less than,-
(a) the minimum wages fixed by the Government, in relation to the same
or similar labour, under any law for the time being in force; and
(b) where no such minimum wage has been fixed in relation to any form
of labour, the wages that are normally paid, for the same or similar
labour to the labourers working in the same locality;
(j) "prescribed" means prescribed by rules made under this act.
3. Act to have overriding effect.-The provisions of this act shall
have effect notwithstanding anything inconsistent therewith contained
in any enactment other than this act, or in any instrument having
effect by virtue of any enactment other than this act.
CHAPTER II
Abolition of Bonded Labour System
4. Abolition of bonded labour system.-(1) On the commencement of this
act, the bonded labour system shall stand abolished and every bonded
labourer shall, on such commencement, stand freed and discharged from
any obligation to render any bonded labour.
(2) After the commencement of this act, no person shall-
(a) make any advance under, or in pursuance of the bonded labour
system, forced labour, or
(b) Compel any person to render any bonded labour or other form of
forced labour.
5. Agreement, custom, etc. to be void.-On the commencement of this
act, any custom or tradition or any contract, agreement or other
instrument (whether entered into or executed before or after the
commencement of this act), by virtue of which any person, or any
member of the family or dependent of such person, is required to do
any work or render any service as a bonded labourer, shall be void and
inoperative.
CHAPTER III
Extinguishment of liability to repay bonded debt
6. Liability to repay bonded debt to stand extinguished-(1) On the
commencement of this act, every obligation of a bonded labourer to
repay any bonded debt, or such part of any bonded debt as remains
unsatisfied immediately before such commencement, shall be deemed to
have been extinguished.
(2) After the commencement of this act, no suit or other proceeding
shall lie in any civil Court or before any other authority for the
recovery of any bonded debt or any part thereof.
(3) Every decree or order for the recovery of bonded debt, passed
before the commencement of this act and not fully satisfied before
such commencement, shall be deemed, on such commencement, to have been
fully satisfied.
(4) Every attachment made before the commencement of this act, for the
recovery of any bonded debt, shall, on such commencement, stand
vacated; and where, in pursuance of such attachment, any moveable
property of the bonded labourer was seized and removed from his
custody and kept in the custody of any Court or other authority
pending sale thereof such moveable property shall be restored, as soon
as may be practicable after such commencement, to the possession of
the bonded labourer.
(5) Where, before the commencement of this act, possession of any
property belonging to a bonded labourer or a member of his family or
other dependent was forcibly taken over by any creditor for the
recovery of any bonded debt, such property shall be restored, as soon
as may be practicable after such commencement, to the possession of
the person from whom it was seized.
(6) If restoration of the possession of any property referred to in
sub-section (4) or sub-section (5) is not made within thirty days from
the commencement of this act, the aggrieved person may, within such
time as may be prescribed, apply to the prescribed authority for the
restoration of the possession of such property and the prescribed
authority may, after giving the creditor a reasonable opportunity of
being heard, direct the creditor to restore to the applicant the
possession of the concerned property within such time as may be
specified in the order.
(7) An order made by any prescribed authority, under sub-section (6),
shall be deemed to be an order made by a civil Court of the lowest
pecuniary jurisdiction within the local limits of whose jurisdiction
the creditor voluntarily resides or carries on business or personally
works for gain.
(8) For the avoidance of doubts, it is hereby declared, that, where
any attached property was sold before the commencement of this act, in
execution of a decree or order for the recovery of a bonded debt, such
sale shall not be affected by any provision of this act:
Provided that the bonded labourer, or an agent authorized by him in
this behalf, may, at any time within five years rom such commencement,
apply to have the sale set aside on his depositing in Court, for
payment to the decree-holder, the amount specified in the proclamation
of sale, for the recovery of which sale was ordered, less any amount
as well as mesne profits, which may, since the date of such
proclamation of sale, have been received by the decree-holder.
(9) Where any suit or proceeding, for the enforcement of any
obligation under the bonded labour system, including a suit or
proceeding for the recovery of any advance made to a bonded labourer,
is pending at the commencement of this act, such suit or other
proceeding shall, on such commencement, stand dismissed.
(10) On the commencement of this act, every bonded labourer who has
been detained in civil prison, whether before or after judgement,
shall be released from detention forthwith.
7. Property of bonded labourer to be freed from mortgage, etc.-(1) All
property vested in a bonded labourer which was, immediately before the
commencement of this act under any mortgage, lien, charge, or other
incumbrances in connection with any bonded debt shall, in so far as it
is relatable to the bonded debt, stand freed and discharged from such
mortgage, charge, lien or otherincumbrances in connection with any
bonded debt, and where any such property was, immediately before the
commencement of this act, in the possession of the mortgagee or the
holder of the charge, lien or incumbrance, such property shall (except
where it was subject to any other charge), on such commencement, be
restored to the possession of the bonded labourer.
(2) If any delay is made in restoring any property, referred to in sub-
section (1), to the possession of the bonded labourer, such labourer
shall be entitled, on and from the date of such commencement, to
recover from the mortgagee or holder of the lien, charge or
incumbrance, such mesne profits as may be determined by the Civil
Court of the lowest pecuniary jurisdiction within the local limits of
whose jurisdiction such property is situated.
8. Freed bonded labourer not to be evicted from homestead, etc.- (1)
No person who has been freed and discharged under this act from any
obligation to render any bonded labour, shall be evicted from any
homestead or other residential premises which he was occupying
immediately before the commencement of this act as part of the
consideration for the bonded labour.
(2) If, after the commencement of this act, any such person is evicted
by the creditor from any homestead or other residential premises,
referred to in sub-section (1), the Executive Magistrate in charge of
the sub-division within which such homestead or residential premises,
is situated shall, as early as practicable, restore the bonded
labourer to the possession of such homestead or other residential
premises.
9. Creditor not to accept payment against extinguished debt.-(1) No
creditor shall accept any payment against any bonded debt which has
been extinguished or deemed to have been extinguished or fully
satisfied by virtue of the provisions of this act.
(2) whoever contravenes the provisions of sub-section (1), shall be
punishable with imprisonment for a term which may extend to three
years and also with fine.
(3) The Court, convicting any person under sub-section (2) may, in
addition to the penalties which may be imposed under that sub-section,
direct the person to deposit, in Court, the amount accepted in
contravention of the provisions of sub-section (1), within such period
as may be specified in the order for being refunded to the bonded
labourer.
CHAPTER IV
Implementing Authorities
10. Authorities who may be specified for implementing the provisions
of this act.- The State Governments may confer such powers and impose
such duties on a District Magistrate as may be necessary to ensure
that the provisions of this act are properly carried out and the
District Magistrate may specify the officer, subordinate to him, who
shall exercise all or any of the powers, and perform al or any of the
duties, so conferred or imposed and the local limits within which such
powers or duties shall be carried out by the officers so specified.
11. Duty of District Magistrates and other officers to ensure credit.-
The District Magistrate authorized by the State Government under Sec.
10 and the officer specified by the District Magistrate under that
section shall, as far as practicable, try to promote the welfare of
the freed bonded labourer by securing and protecting the economic
interests of such bonded labourer so that he may not have any occasion
or reason to contract any further debt.
12. Duty of the District Magistrate and officers authorized by him.-It
shall be the duty of every District Magistrate and every officer
specified by him under Sec. 10 to inquire whether after the
commencement of this act, any bonded labour system or any other form
of forced labour is being enforced by, or on behalf of, any person
resident within the local limits of his jurisdiction and if, as a
result of such inquiry, any person is found to be enforcing the bonded
labour system or any other system of forced labour, he shall forthwith
take such action as may be necessary to eradicate the enforcement of
such forced labour.
CHAPTER V
Vigilance Committees
13. Vigilance Committees.-(1) Every State Government shall, by
notification in the Official Gazette, constitute such number of
Vigilance Committees in each district and each sub-division as it may
think fit.
(2) Each Vigilance Committee, constituted for a district, shall
consist of the following members, namely:
(a) The District Magistrate, or a person nominated by him, who shall
be the Chairman;
(b) three persons belonging to the Scheduled Castes or Scheduled
Tribes and residing in the district, to be nominated by the District
Magistrate;
(c) two social workers, resident in the district, to be nominated by
the District Magistrate;
(d) not more than three persons to represent the official or non-
official agencies in the district connected with rural development, to
be nominated by the State Government;
(e) one person to represent the financial and credit institutions in
the district, to be nominated by the District Magistrate.
(3) Each Vigilance Committee, constituted for a sub-division, shall
consist of the following members, namely:
(a) The Sub-Divisional Magistrate, or a person nominated by him, who
shall be the Chairman;
(b) three persons belonging to the Scheduled Castes or Scheduled
Tribes and residing in the sub-division, to be nominated by the Sub-
divisional Magistrate;
(c) two social workers, resident in the sub-division, to be nominated
by the Sub-divisional Magistrate;
(d) not more than three persons to represent the official or non-
official agencies in the sub-division connected with rural
development, to be nominated by the State Government;
(e) one person to represent the financial and credit institutions in
the sub-division, to be nominated by the Sub-divisional Magistrate.
(f) one officer specified under Sec. 10 and functioning in the sub-
division;
(4) Each Vigilance Committee shall regulate its own procedure and
secretarial assistance as may be necessary, shall be provided by-
(a) the District Magistrate, in the case of Vigilance Committee
constituted for the district;
(b) the Sub-divisional Magistrate, in the case of a Vigilance
Committee constituted for the sub-division.
(5) No proceeding of a Vigilance Committee shall be invalid merely by
reason of any defect in the constitution, or in the proceedings, of
the Vigilance Committee.
14. Functions of Vigilance Committees.-(1) The functions of each
Vigilance Committee shall be-
(a) to advise the District Magistrate or any officer authorized by him
as to the efforts made, and action taken, to ensure that the
provisions of this act or any rule made thereunder are properly
implemented;
(b) to provide for the economic and social rehabilitation of the freed-
bonded labourers;
(c) to co-ordinate the functions of rural banks and co-operative
societies with a view to canalizing adequate credit to the freed-
bonded labourers;
(d) to keep an eye on the number of offences of which cognizance has
been taken under this act;
(e) to make a survey as to whether there is any offence of which
cognizance ought to be taken under this act;
(f) to defend any suit instituted against a freed-bonded labourer or a
member of his family or any other person dependent on him for the
recovery of the whole or part of any bonded debt or any other debt
which is claimed by such person to be bonded debt.
(2) A Vigilance Committee may authorize one of its members to defend a
suit against a freed-bonded labourer and the member so authorized
shall be deemed, for the purpose of such suit, to be the authorized
agent of the freed-bonded labourer.
15. Burden of proof.- Whenever any debt is claimed by a bonded
labourer, or a Vigilance Committee, to be a bonded debt, the burden of
proof that such debt, is not a bonded debt shall lie on the creditor.
CHAPTER VI
Offences and Procedure for Trial
16. Punishment for enforcement of bonded labour.-Whoever, after the
commencement of this act, compels any person to render any bonded
labour shall be punishable with imprisonment for a term which may
extend to three years and also with fine which may extend to two
thousand rupees.
17. Punishment for advancement of bonded debt.-Whoever advances, after
the commencement of this act, any bonded debt shall be punishable with
imprisonment for a term which may extend to three years and also with
fine which may extend to two thousand rupees.
18. Punishment for extracting bonded labour under the bonded labour
system.-Whoever enforces, after the commencement of this act, any
custom, tradition, contract, agreement or other instrument, by virtue
of which any person or any member of the family of such person or any
dependent of such person is required to render any service under the
bonded labour system shall be punishable with imprisonment for a term
which may extend to three years and also with fine which may extend to
two thousand rupees; and out of the fine, ifrecovered, payment shall
be made to the bonded labourer at the rate of rupees five for each day
for which the bonded labour was extracted from him.
19. Punishment for omission or failure to restore possession of
property to bonded labourers.-Whoever, being required by this act to
restore any property to the possession of any bonded labourer, omits
or fails to do so, within a period of thirty days from the
commencement of this act, shall be punishable with imprisonment for a
term which may extend to one year, or with fine which may extend to
one thousand rupees, or with both; and, out of the fine, if recovered
payment shall be made to the bonded labourer at the rate of rupees
five for each day during which possession of property was not restored
to him.
20. Abetment to be an offence.-Whoever abets any offence punishable
under this act shall, whether or not the offence abetted is committed,
be punishable with the same punishment as is provided for the offence
which has been abetted.
Explanation.-For the purpose of this act, "abetment" has the meaning
assigned to it in the Indian Penal Code.
21. Offences to be tried by Executive Magistrates.-(1) The State
Government may confer, on an Executive Magistrate the powers of a
Judicial Magistrate of the first class or of the second class for the
trial of offences under this act; and on such conferment of powers,
the Executive Magistrate, on whom the powers are so conferred, shall
be deemed, for the purposes of the Code of Criminal Procedure, 1973 (2
of 1974), to be a Judicial Magistrate of the first class, or of the
second class, as the case may be.
22. Cognizance of offences.-Every offence under this act shall be
cognizable and bailable.
23. Offences by companies.-(1) Where an offence under this act has
been committed by a company, every person who, at the time the offence
was committed, was in charge of, and was responsible to, the company
for the conduct of the business of the company, as well as the
company, shall be deemed to be guilty of the offence and shall be
liable to be proceeded against and punished accordingly.
(2) Notwithstanding anything contained in sub-section (1), where any
offence under this act has been committed by a company and it has been
proved that the offence has been committed with the consent or
connivance of, or is attributable to, any neglect on the part of, any
director, manager, secretary or other officer of the company, such
director, manager, secretary or other officer shall be deemed to be
guilty of that offence and shall be liable to be proceeded against and
punished accordingly.
Explanation.-For the purposes of this section,-
(a) "company" means any body corporate and includes a firm or other
association of individuals; and
(b) "director", in relation to a firm, means a partner in the firm.
CHAPTER VII
Miscellaneous
24. Protection of action taken in good faith.-No suit, prosecution or
other legal proceeding shall lie against any State Government or any
officer of the State Government or any member of the Vigilance
Committee for anything which is in good faith done or intended to be
done under this act.
25. Jurisdiction of Civil Courts barred.-No Civil Court shall have
jurisdiction in respect of any matter to which any provision of this
act applies and no injunction shall be granted by any Civil Court in
respect of anything which is done or intended to be done by or under
this act.
26. Power to make rules.-(1) The Central Government may, by
notification in the official Gazette, make rules for carrying out the
provisions of this act.
(2) In particular, and without prejudice to the foregoing power, such
rules may provide for all or any of the following matters, namely:
(a) the authority to which application for the restoration of
possession of property referred to in sub-section (4), or sub-section
(5) of Sec. 6 is to be submitted in pursuance of sub-section (6) of
that section;
(b) the time within which application for restoration of possession of
property is to be made under sub-section (6) of Sec. 6, to the
prescribed authority;
(c) steps to be taken by Vigilance Committees under Cl. (a) of sub-
section (1) of Sec. 14, to ensure the implementation of the provisions
of this act or of any rule made thereunder;
(d) any other matter which is required to be, or may be prescribed.
(3) Every rule made by the Central Government under this act shall be
laid, as soon as may be after it is made, before each House of
Parliament while it is in session, for a total period of thirty days
which may be comprised in one session or in two or more successive
sessions, and if, before the expiry of the session immediately
following the session or successive sessions aforesaid, both Houses
agree in making any modification in the rule or both Houses agree that
therule should not be made, the rule shall thereafter have effect only
in such modified form or be of no effect, as the case may be; so
however, that any such modification or annulment shall be without
prejudice to the validity of anything previously done under that
rule.
(1) The Bonded Labour System (Abolition) Ordinance, 1975 (17 of 1975),
is hereby repealed.
(2) Notwithstanding such repeal, anything or any action taken under
the Ordinance (including any notification published, direction of a
nomination made, power conferred, duty imposed or officer specified)
shall be deemed to have been done or taken under the corresponding
provisions of this act.
APPENDIX C: The Bonded Labour System (Abolition) Rules, 1976
(Published in the Gazette of India, Extraordinary, Part II, Section
3(i),
February 28, 1976)
In exercise of powers conferred by sub-section (1), read with sub-
section (2) of Sec. 26 of the Bonded Labour System (Abolition) Act,
1976 (19 of 1976), the Central Government hereby makes the following
rules, namely:
1. Short title and commencement.-(1) These rules may be called the
Bonded Labour System (Abolition) Rules, 1976.
(2) They shall come into force on the date of their publication in the
official Gazette.
2. Definitions.-In these rules, unless the context otherwise
requires,-
(a) "Act" means the Bonded Labour System (Abolition) Act, 1976 (19 of
1976);
(b) "District Vigilance Committee: means a Vigilance Committee
constituted for a district under sub-section (1) of Sec. 13;
(c) "section" means a section of the act;
(d) "Sub-divisional Vigilance Committee" means a Vigilance Committee
constituted for a sub-division under sub-section (1) of Sec. 13.
3. Term of office, and vacation of seat members of District Vigilance
Committees.-(1) Every member of a District Vigilance Committee,
nominated under Cls. (b), (c), (d) and (e) of sub-section (2) of Sec.
13 shall hold office for a period of two years from the date on which
his nomination is notified in the official Gazette and shall, on the
expiry of the said period, continue to hold office until his successor
is nominated and shall also be eligible for re-nomination.
(2) Every member referred to in sub-rule (1), -
(a) may, by giving notice in writing of not less than thirty days to
authority which nominated him, resign his office and, on such
resignation being accepted or on the expiry of the notice period of 30
days, whichever is earlier, shall be deemed to have vacated his
office.
(b) shall be deemed to have vacated his office,-
(I) if he fails to attend three consecutive meetings of the District
Vigilance Committee without obtaining leave of the Chairman of such
absence:
Provided that the authority, which nominated him, may, if he is
satisfied that such member was prevented by sufficient cause from
attending the three consecutive meetings of the Committee restore him
to membership;
(ii) if he becomes subject to any of the following disqualifications,
namely:
(1) is adjudged insolvent;
(2) is declared to be of unsound mind by a competent court;
(3) is convicted of an offence which, in the opinion of the authority
which nominated him, involves moral turpitude;
(c) may be removed from office, if the authority, which nominated such
member is of the opinion that such member has ceased to represent the
interest to represent which he was nominated:
Provided that a member shall not be removed from office under this
clause unless a reasonable opportunity is given to him for showing
cause against such removal.
(3) A member, nominated to fill a casual vacancy shall gold office for
the unexpired portion of the term of his predecessor.
4. Term of office, and vacation of seat of members of Sub-divisional
Vigilance Committees.-(1) Every member of a Sub-divisional Vigilance
Committee, nominated under Cls. (b), (c), (d) and (e) of sub-section
(2) of Sec. 13 shall hold office for a period of two years from the
date on which his nomination is notified in the official Gazette and
shall, on the expiry of the said period, continue to hold office until
his successor is nominated and shall also be eligible for re-
nomination.
(2) Every member referred to in sub-rule (1), -
(a) may, by giving notice in writing of not less than thirty days to
authority which nominated him, resign his office and, on such
resignation being accepted or on the expiry of the notice period of 30
days, whichever is earlier, shall be deemed to have vacated his
office.
(b) shall be deemed to have vacated his office,-
(i) if he fails to attend three consecutive meetings of the Sub-
divisional Vigilance Committee without obtaining leave of the Chairman
of such absence:
Provided that the authority, which nominated him, may, if he is
satisfied that such member was prevented by sufficient cause from
attending the three consecutive meetings of the Committee restore him
to membership;
(ii) if he becomes subject to any of the following disqualifications,
namely:
(1) is adjudged insolvent;
(2) is declared to be of unsound mind by a competent court;
(3) is convicted of an offence which, in the opinion of the authority
which nominated him, involves moral turpitude;
(c) may be removed from office, if the authority, which nominated such
member is of the opinion that such member has ceased to represent the
interest to represent which he was nominated:
Provided that a member shall not be removed from office under this
clause unless a reasonable opportunity is given to him for showing
cause against such removal.
(3) A member, nominated to fill a casual vacancy shall gold office for
the unexpired portion of the term of his predecessor.
5. Prescribed authority under sub-section (6) of Sec.6.-An application
under sub-section (6) of Sec. 6 for restoration of possession of any
property referred to in sub-section (4) or sub-section (5) of that
section shall be made to the Executive Magistrate, on whom the powers
of a Judicial Magistrate of the first class or of the second class
have been conferred under sub-section (1) of Sec. 21, and within the
local limits of whose jurisdiction the said property is, or the
applicant has reason to believe is, situated at the time of making the
application:
Provided that where there are two Executive Magistrates, on one of
whom the powers of a Judicial Magistrate of the first class and on the
other the powers of a Judicial Magistrate of thesecond class have been
conferred under sub-section (1) of Sec. 21 having jurisdiction to
entertain the application for restoration of possession of property
referred to in sub-rule (1), the application shall be made to the
Executive Magistrate on whom the powers of a Judicial Magistrate of
the second class have been conferred.
6. Time within which an application under sub-section (6) is to be
made.-
An application under sub-section (6) of Sec. 6 for restoration of
possession of any property referred to in sub-section (4) or sub-
section (5) of that section shall be made within a period of ninety
days from the date on which these rules come into force.
7. Records to be maintained by District Vigilance Committees to ensure
the implementation of the provisions of the act and rules.-In order to
ensure the implementation of the act and rules, every District
Vigilance Committee shall maintain the following registers in respect
of freed-bonded labourer with the local limits of its jurisdiction,
namely:
(a) a register containing the name and address of freed bonded
labourer;
(b) a register containing the statistics relating to the vacation,
occupation, and income of every freed-bonded labourer;
(c) a register containing the details of the benefits which the freed-
bonded labourers are receiving, including benefits in the form of
land, inputs for agriculture, training in handicrafts and allied
occupations, loans at differential rates, interest of employment in
urban or non-urban areas;
(d) a register containing details of cases under sub-section (6) of
Sec. 6, sub-section (2) of Sec. 8, sub-section (2) of Secs. 9, 16, 17,
18, 19, and 20.
APPENDIX D: The Children (Pedging of Labour) Act, 1933
(Act No. 2 of 1933)
[24th February, 1933]
An act to prohibit the pledging of labour of children
Whereas it is expedient to prohibit the making of agreements to pledge
the labour of children and the employment of children whose labour has
been pledged;
It is hereby enacted as follows:
1. Short title, extent and commencement.-(1) This act may be called
the Children (Pledging of Labour) Act, 1933.
(2) It extends to the whole of India
(3) This section and Secs. 2 and 3 shall come into force at once, and
the remaining sections of this act shall come into force on the first
day of July, 1933.
2. Definitions.- In this act, unless there is anything repugnant in
the subject or context,-
"an agreement to pledge the labour of a child" means in agreement,
written or oral, express or implied, whereby the parent or guardian of
a child, in return for any payment or benefit received by him,
undertakes to cause or allow the services of the child to be utilized
by him, undertakes to cause or allow the services of the child to be
utilized in any employment:
Provided that an agreement made without detriment to a child , and not
made in consideration of any benefit other than reasonable wages to be
paid for the child's services, and terminable at not more than a
week's notice, is not an agreement within the meaning of this
definition;
"child" means a person who is under the age of fifteen years; and
"guardian" includes any person having legal custody of or control over
a child.
3. Agreement contrary to the act to be void.-An agreement to pledge
the labour of a child shall be void.
4. Penalty for parent or guardian making agreement to pledge the
labour of a child.-Whoever, being the parent or guardian of a child,
makes an agreement to pledge the labour of that child, shall be
punished with fine which may extend to fifty rupees.
5. Penalty for making with a parent or guardian agreement to pledge
the labour of a child.-Whoever makes with the parent or guardian of a
child shall be punished with fine which may extend to two hundred
rupees.
6. Penalty for employing a child whose labour has been pledged.-
Whoever, knowing or having reason to believe that an agreement has
been made to pledge the labour of a child, in furtherance of such
agreement employs such child, or permits such child to be employed in
any premises or place under his control, shall be punishable with fine
which may extend to two hundred rupees.
APPENDIX E: The Child Labour (Prohibition and Regulation) Act, 1986
Number 61 of 1986
[23rd December 1986]
Statement of Objects and Reasons
There are a number of acts which prohibit the employment of children
below 14 years and 15 years in certain specified employments. However,
there is no procedure laid down in any law for deciding in which
employments, occupations or processes the employment of children
should be banned. There is also no law to regulate the working
conditions of children in most of the employments where they are not
prohibited from working and are working under exploitative
conditions.
2. This Bill intends to-
(i) ban the employment of children, i.e., those who have not completed
their fourteenth year, in specified occupations and processes;
(ii) lay down a procedure to decide modifications to the Schedule of
banned occupations or processes;
(iii) regulate the conditions of work of children in employments where
they are not prohibited from working;
(iv) lay down enhanced penalties for employment of children in
violation of the provisions of this act, and other acts which forbid
the employment of children;
(v) to obtain uniformity in the definition of "child" in the related
laws.
3. The Bill seeks to achieve the above objects.
An act to prohibit the engagement of children in certain employments
and to regulate the conditions of work of children in certain other
employments.
Be it enacted by Parliament in the Thirty-seventh year of the Republic
of India as follows:
PART I
PRELIMINARY
1. Short title, extent and commencement.-(1) The act may be called the
Child Labour (Prohibition and Regulation) Act, 1986.
(2) It extends to the whole of India.
(3) The provisions of this act, other than part III, shall come into
force at once, and part III shall come into force on such date as the
Central Governmentmay, by notification in the Official Gazette,
appoint, and different dates may be appointed for different states and
for different classes of establishments.
2. Definitions.- In this act, unless the context otherwise requires.
(i) "appropriate Government" means, in relation to an establishment
under the control of the Central Government or a railway
administration or a major port or a mine or oil field, the Central
Government, and in all other cases, the State Government;
(ii) "child" means a person who has not completed his fourteenth year
of age;
(iii) "day" means a period of twenty-four hours beginning at mid-
night;
(iv) "establishment" includes a shop, commercial establishment,
workshop, farm, residential hotel, restaurant, eating house, theatre
or other place of amusement or public entertainment;
(v) "family" in relation to an occupier, means the individual, the
wife or husband, as the case may be, of such individual, and their
children, brother or sister of such individual;
(vi) "occupier", in relation to an establishment or a workshop, means
the person who has the ultimate control over the affairs of the
establishment or workshop;
(vii) "port authority" means any authority administering a port;
(viii) "prescribed" means prescribed by rules made under Section 18;
(ix) "week" means a period of seven days beginning at mid-night on
Saturday night or such other night as may be approved in writing for a
particular area by the inspector;
(x) "workshop" means any premises (including the precincts thereof)
wherein any industrial process is carried on, but does not include any
premises to which the provisions of section 67 of the Factories Act,
1946, for the time being, apply.
PART II
PROHIBITION OF EMPLOYMENT OF CHILDREN IN CERTAIN OCCUPATIONS AND
PROCESSES
3. Prohibition of employment of children in certain occupations and
processes.-No child shall be employed or permitted to work in any of
the occupations set forth in Part A of the Schedule or in any workshop
wherein any of the processes set forth in Part B of the Schedule is
carried on:
Provided that nothing in this section shall apply to any workshop
wherein any process is carried on by the occupier with the aid ofhis
family or to any school established by, or receiving assistance or
recognition from, Government.
4. Power to amend the Schedule.-The Central Government after giving,
by notification in the Official Gazette, not less than three months
notice of its intention so to do, may, be like notification, add any
occupation or process to the Schedule and thereupon the Schedule shall
be deemed to have been amended accordingly.
5. Child Labour Technical Advisory Committee.-(1) The Central
Government may, by notification in the Official Gazette, constitute an
advisory committee to be called the "Child Labour Technical Advisory
Committee" (hereafter in this section referred to as the Committee) to
advise the Central Government for the purpose of addition of
occupations and processes to the Schedule.
(2) The Committee shall consist of a Chairman and such other members
not exceeding ten, as may be appointed by the Central Government.
(3) The Committee shall meet as often as it may consider necessary and
shall have power to regulate its own procedure.
(4) The Committee may, if it deems necessary so to do, constitute one
or more sub-committees, and may appoint any such sub-committee,
whether generally or for the consideration of any particular matter,
any person who is not a member of the Committee.
(5) The term of office of, the manner of filing casual vacancies in
the office of, and the allowances, if any, payable to, the Chairman
and other members of the Committee, and the conditions and
restrictions subject to which the Committee may appoint any person who
is not a member of the Committee as a member of any of its sub-
committees shall be such as may be prescribed.
PART III
REGULATION OF CONDITIONS OF WORK OF CHILDREN
6. Application of Part.-The provisions of this Part shall apply to an
establishment or a class of establishments in which none of the
occupations or processes referred to in section 3 is carried on.
7. Hours and period of work.-(1) No child shall be required or
permitted to work in any establishment in excess of such number of
hours as may be prescribed for such establishment or class of
establishments.
(2) The period of work on each day shall be so fixed that no period
shall exceed three hours and that no child shall work for more than
three hours before he has had an interval for rest for at least one
hour.
(3) The period of work of a child shall be so arranged that inclusive
of his interval for rest, under sub-section (2), it shall not be
spread over more than six hours, including the time spent in waiting
for work on any day.
(4) No child shall be permitted or required to work between 7 p.m. and
8 a.m.
(5) No child shall be required or permitted to work overtime.
8. Weekly holidays.-Every child employed in an establishment shall be
allowed in each week, a holiday of one whole day, which day shall be
specified by the occupier in a notice permanently exhibited in a
conspicuous place in the establishment and the day so specified shall
not be altered by the occupier more than once in three months.
9. Notice to Inspector.-(1) Every occupier in relation to an
establishment in which a child was employed or permitted to work
immediately before the date of commencement of this act in relation to
such establishment shall, within a period of thirty days from such
commencement, send to the Inspector within whose local limits the
establishment is situated, a written notice containing the following
particulars, namely:-
(a) the name and situation of the establishment;
(b) the name of the person in actual management of the establishment;
(c) the address to which communications relating to the establishment
should be sent; and
(d) the nature of the occupation or process carried on in the
establishment.
(2) Every occupier, in relation to an establishment, who employs, or
permits to work, any child after the date of commencement of this act
in relation t such establishment, shall, within a period of thirty
days from the date of such employment, send to the Inspector within
whose local limits the establishment is situated, a written notice
containing the particulars as are mentioned in sub-section (1).
Explanation.-For the purposes of sub-sections (1) and (2), "date of
commencement of this act, in relation to an establishment" means the
date of bringing into force of this act in relation to such
establishment.
(3) Nothing in sections 7, 8 and 9 shall apply to any establishment
wherein any process is carried on by the occupier with the aid of his
family or to any school established by, or receiving assistance or
recognition from, Government.
10. Disputes as to age.-If any question arises between an Inspector
and an occupier as to the age of any child who is employed or is
permitted to work byhim in an establishment, the question shall, in
the absence of a certificate as to the age of such child granted by
the prescribed medical authority, be referred by the Inspector for
decision to the prescribed medical authority.
11. Maintenance of register.-There shall be maintained by every
occupier in respect of children employed or permitted to work in any
establishment, a register to be available for inspection by an
Inspector at all times during working hours or when work is being
carried on in any such establishment, showing-
(a) the name and date of birth of every child so employed or permitted
to work;
(b) hours and periods of work of any such child and the intervals of
rest to which he is entitled;
(c) the nature of work of any such child; and
(d) such other particulars as may be prescribed.
12. Display of notice containing abstracts of sections 3 and 14.-Every
railway administration, every port authority and every occupier shall
cause to be displayed in a conspicuous and accessible place at every
station on its railway or within the limits of a port or at the place
of work, as the case may be, a notice in the local language and in the
English language containing an abstract of sections 3 and 14.
13. Health and safety.-(1) The appropriate Government may, by
notification in the Official Gazette, make rules for the health and
safety of the children employed or permitted to work in any
establishment or class of establishments.
(2) Without prejudice to the generality of the foregoing provisions,
the said rules may provide for all or any of the following matters,
namely:-
(a) cleanliness in the place of work and its freedom from nuisance;
(b) disposal of wastes and effluents;
(c) ventilation and temperature;
(e) artificial humidification;
(f) lighting;
(g) drinking water;
(h) latrine and urinals;
(i) spittoons;
(j) fencing of machinery;
(k) work at or near machinery in motion;
(l) employment of children on dangerous machines;
(m) instructions, training and supervision in relation to employment
of children on dangerous machines;
(n) device for cutting off power;
(o) self-acting machines;
(p) easing of new machinery;
(q) floor, stairs and means of access;
(r) pits, sumps, openings in floors, etc.;
(s) excessive weights;
(t) protection of eyes;
(u) explosive or inflammable dust, gas, etc.;
(v) precautions in case of fire;
(w) maintenance of buildings; and
(x) safety of buildings; and machinery.
PART IV
MISCELLANEOUS
14. Penalties.-(1) Whoever employs any child or permits any child to
work in contravention of the provisions of section 3 shall be
punishable with imprisonment for a term which shall not be less than
three months but which may extend to one year or with fine which shall
not be less than ten thousand rupees but which may extend to twenty
thousand rupees or with both.
(2) Whoever, having been convicted of an offence under section 3,
commits a like offence, afterwards, he shall be punishable with
imprisonment for a term which shall not be less than six months but
which may extend to two years.
(3) Whoever-
(a) fails to give notice as required by section 9; or
(b) fails to maintain a register as required by section 11 or makes
any false entry in any such register; or
(c) fails to display a notice containing an abstract of section 3 and
this section as required by section 12; or
(d) fails to comply with or contravenes any other provisions of this
act or the rules made thereunder, shall be punishable with simple
imprisonment which may extend to one month or with fine which may
extend to ten thousand rupees or with both.
15. Modified application of certain laws in relation to penalties.-(1)
Where any person is found guilty and convicted of contravention of any
of the provisions mentioned in sub-section (2), he shall be liable to
penalties as providedin sub-sections (1) and (2) of section 14 of this
act and not under the acts in which these provisions are contained.
(2) The provisions referred to in sub-section (1) are the provisions
mentioned below:-
(a) section 67 of the Factories Act, 1948 (63 of 1948);
(b) section 40 of the Mines Act, 1952 (35 of 1952);
(c) section 109 of the Merchant Shipping Act, 1958 (44 of 1958); and
(d) section 21 of the Motor Transport Workers Act, 1961 (27 of 1961).
16. Procedure relating to offences.-(1) Any person, police officer or
Inspector may file a complaint of the commission of an offence under
this act in any court of competent jurisdiction.
(2) Every certificate of as to the age of a child which has been
granted by a prescribed medical authority shall, for the purposes of
this act, be conclusive evidence as to the age of the child to whom it
relates.
(3) No court inferior to that of a Metropolitan Magistrate or a
Magistrate of the first class shall try any offence under this act.
17. Appointment of Inspectors.-The appropriate Government may appoint
Inspectors for the purposes of securing compliance with the provisions
of this act and any Inspector so appointed shall be deemed to be a
public servant within the meaning of the Indian Penal Code (45 of
1860).
18. Power to make rules-(1) The appropriate Government may, by
notification in the Official Gazette and subject to the condition of
previous publication, make rules for carrying into effect the
provisions of The act.
(2) In particular and without prejudice to the generality of the
foregoing power, such rules may provide for all or any of the
following matters, namely:-
(a) the term of office of, the manner of filing casual vacancies of,
and the allowances payable to, the Chairman and member of the Child
Labour Technical Advisory Committee and the conditions and
restrictions subject to which a non-member may be appointed to a sub-
committee under sub-section (5) of section 5;
(b) number of hours for which a child may be required or permitted to
work under sub-section (1) of section 7;
(c) Grant of certificates of age in respect of young persons in
employment or seeking employment, the medical authorities which may
issue such certificate, the form of such certificate, thecharges which
may be thereunder and the manner in which such certificate may be
issued:
Provided that no charge shall be made for the issue of any such
certificate if the application is accompanied by evidence of age
deemed satisfactory by the authority concerned;
(d) the other particulars which a register maintained under section 11
should contain.
19. Rules and notifications to be laid before Parliament or State
legislature.-(1) Every rule made under this act by the Central
Government and every notification issued under section 4, shall be
laid, as soon as may be after it is made or issued, before each House
of Parliament, while it is in session for a total period of thirty
days which may be comprised in one session or in two or more
successive sessions, and if, before the expiry of the session
immediately following the session or the successive sessions
aforesaid, both Houses agree that the rule or notification should not
be made or issued, the rule or notification shall thereafter have
effect only in such modified form or be of no effect, as the case may
be; so, however, that any such modification or annulment shall be
without prejudice to the validity of anything previously done under
that rule or notification.
(2) Every rule made by a State Government under this act shall be laid
as soon as may be after it is made, before the legislature of that
State.
20. Certain other provisions of law not barred.-Subject to the
provisions contained in section 15, the provisions of this act and the
rules made thereunder shall be in addition to, and not in derogation
of, the provisions of the Factories Act, 1948 (63 of 1948), the
Plantations Labour Act, 1951 (69 of 1951), and the Mines Act, 1952 (35
of 1952).
21. Power to remove difficulties.-(1) If any difficulty arises in
giving effect to the provisions of this act, the Central Government
may, by order published in the Official Gazette, make such provisions
not inconsistent with the provisions of this act as appear to it to be
necessary or expedient for removal of the difficulty:
Provided that no such order shall be made after the expiry of a period
of three years from the date on which this act receives the assent of
the President.
(2) Every order made under this section shall, as soon as may be after
it is made, be laid before the Houses of Parliament.
22. Repeal and savings.-The Employment of Children, Act, 1938 (26 of
1938) is hereby repealed.
(2) Notwithstanding such repeal, anything done or any action taken or
purported to have been done or taken under the act so repealed shall,
in so far as it is not inconsistent with the provisions of this act,
be deemed to have been done or taken under the corresponding
provisions of this act.
23. Amendment of Act 11 of 1948.-In section 2 of the Minimum Wages
Act, 1948,-
(i) for clause (a), the following clauses shall be substituted,
namely:-
(a) "adolescent" means a person who has completed his fourteenth year
of age but has not completed his eighteenth year;
(aa) "adult" means a person who has completed his eighteenth year of
age;
(ii) after clause (b), the following clause shall be inserted,
namely:-
(bb) "child" means a person who has not completed his fourteenth year
of age;
24. Amendment of Act 69 of 1951.-In the Plantations Labour Act,
1951,-
(a) In section 2, in clauses (a) and (c), for the word "fifteenth",
the word "fourteenth" shall be substituted;
(b) section 24 shall be omitted;
(c) in section 26, in the opening portion, the words "who has
completed his twelfth year" shall be omitted.
25. Amendment of Act 44 of 1958.-In the Merchant Shipping Act, 1958,
in section 109, for the word "fifteen", the word "fourteen" shall be
substituted.
26. Amendment of Act 27 of 1961.-In the Motor Transport Workers Act,
1961, in section 2, in clauses (a) and (c), for the word "fifteenth",
the word "fourteenth" shall be substituted.
THE SCHEDULE
(See section 3)
PART A
Occupations.-Any occupation connected with -
(1) Transport of passengers, goods or mails by railway;
(2) Cinder picking, clearing of an ash pit or building operation in
the railway premises;
(3) Work in a catering establishment at a railway station, involving
the movement of a vendor or any other employee of the establishment
from one platform to another or into or out of a moving train;
(4) Work relating to the construction of a railway station or with any
other work where such work is done in close proximity or between the
railway lines;
(5) A port authority within the limits of any port.
(6) Work relating to selling of crackers and fireworks.*
(7) Abattoirs/Slaughter houses.**
PART B
(1) Beedi-making.
(2) Carpet-weaving.
(3) Cement manufacture, including bagging of cement.
(4) Cloth printing, dyeing and weaving.
(5) Manufacture of matches, explosives and fireworks.
(6) Mica-cutting and splitting.
(7) Shellac manufacture.
(8) Soap manufacture.
(9) Tanning.
(10) Wool-cleaning.
(11) Building and construction industry.
(12) Manufacture of slate pencils (including packing)*
(13) Manufacture of products from agate.*
(14) Manufacturing processes using toxic metals and substances such as
lead, mercury, manganese, chromium, cadmium, benzene, pesticides and
asbestos.*
(15) "Hazardous processes" as defined in section 2(cb) and `dangerous
operations' as notified in rules made under section 87 of the
Factories Act, 1948 (63 of 1948).**
(16) Printing as defined in section 2(k) (iv) of the Factories Act,
1948 (63 of 1948).**
(17) Cashew and cashewnut desaling and processing.**
(18) Soldering processes in electronic industries.**
*Inserted by notification No. SO. 404 (E) dated 5th June, 1989
published in the Gazette of India, Extraordinary.
**Inserted by notification No. SO.263 (E) dated 29th March, 1994
published in Gazette of India, Extraordinary.
1 All names have been changed.
2 All dollar amounts refer to U.S. dollars.
3 The estimate of fifteen million bonded child laborers is
conservative. Anti-Slavery International reported in 1991 that India
had fifteen million bonded child laborers working in agriculture
alone. Anti-Slavery International, Children in Bondage: Slaves of the
Subcontinent (London: 1991), p. 30. Given that agriculture accounts
for approximately 52 to 87 percent of all bonded child laborers (see
chapter on agriculture), there could be millions more working in non-
agricultural occupations. "Indians form panel to stop child labor,"
United Press International, November 18, 1994. Other activists and
academics estimate that one quarter of all working children, that is,
between fifteen and twenty-nine million, are bonded laborers. Based on
these and other coinciding estimates, Human Rights Watch considers
fifteen million to be a reliable minimum indicator of the prevalence
of bonded child labor in India.
4 The United Nations Supplementary Convention on the Abolition of
Slavery, the Slave Trade, and Institutions and Practices Similar to
Slavery, 1956, defines debt bondage as "the status or condition
arising from a pledge by a debtor of his personal services or those of
a person under his control as security for a debt, if the value of
those services as reasonably assessed is not applied towards the
liquidation of the debt or the length and nature of those services are
not respectively limited and defined." It should be noted that many
Indian activists consider all child labor to be a form of bondage,
given the child's powerlessness and inability to freely choose to
work. This report, however, considers bonded child labor to be that
which conforms to the definition of the U.N. Supplementary
Convention.
5 Between $15 and $220, at the late 1995 exchange rate of thirty-four
rupees to the U.S. dollar.
6 Iqbal Masih was shot and killed on April 16, 1995. Initially blamed
on the carpet industrialists of Pakistan, the murder was later
attributed to a villager whom Masih reportedly discovered involved in
an illicit act.
7 See chapter on handwoven carpets.
8 Neera Burra, Born to Work: Child Labour in India (New Delhi: Oxford
University Press, 1995), p. xxii.
9 Ministry of Labour, Annual Report 1994-95 (New Delhi: Government of
India, 1995), p. 95. The actual quote is: "Out of India's total
workforce of 314 million, about 80% (249 million) are in rural areas.
About 64% of the workers (200 million) are engaged in agriculture.
About 85% of the workers (267 million) are self-employed or on casual
wages. Only about 15% (47 million) have regular salaried employment."
10 Child Labour (Prohibition and Regulation) Act, 1986, Part I,
Section 2(ii).
11 There is no universal definition of a child under Indian law. The
Child Labour (Prohibition and Regulation) Act, 1986, the Minimum Wages
Act, 1948, the Plantation Labour Act, 1951, the Apprentices Act, 1961,
and Article 24 of the Indian Constitution define "child" as any person
under the age of fourteen. The Shops and Establishments Act, 1961
allows the definition to be set by the states and in thirteen states,
the minimum age is twelve, and in eleven states, the minimum age is
fourteen. The Children (Pledging of Labour) Act, 1993 defines a child
as anyone below the age of fifteen. The Juvenile Justice Act, 1986
defines "juveniles" as any male under sixteen or any female under
eighteen.
12 Bonded child labor is convenient, cheap, compliant, and dependable.
It depresses wages. It is easily replenishable. Bonded labor among
both adults and children is not a new phenomenon in India. It is an
old arrangement, and a convenient one for the lucky top layers of
privilege. Those who have the power to change this arrangement are, by
all measures, uninterested in doing so.
13 United Front Coalition's Economic Program, presented June 6, 1996,
pp. 3-4. From MakroIndia Business Page sponsored by Amrok Securities
Private Limited at www.macroindia.com/hlight1.htm.
14 See Human Rights Watch/Asia, Contemporary Forms of Slavery in
Pakistan (New York: Human Rights Watch, July 1995); Anti-Slavery
International, Children in Bondage: Slaves of the Subcontinent
(London: Anti-Slavery International, 1991); INSEC, Bonded Labour in
Nepal under Kamaiya System (Kathmandu: INSEC, 1992); and Report of the
Working Group on Contemporary Forms of Slavery (18th Session, June
1993), UN DOC E/CN.4/1993/67.
15 Asia Watch and Human Rights Watch Women's Rights Project, A Modern
Form of Slavery: Trafficking of Women and Girls into Brothels in
Thailand (New York: Human Rights Watch, 1993); Americas Watch, "Forced
Labor in Brazil Revisited," vol. 5, no. 12, November, 1993; Middle
East Watch and Human Rights Watch Women's Rights Project, "Rape and
Mistreatment of Asian Maids in Kuwait," vol. 4, no. 8, July 1992;
Americas Watch, The Struggle for Land in Brazil: Rural Violence
Continues (New York: Human Rights Watch, 1992); Americas Watch,
"Forced Labor in Brazil," vol. 2, no. 8, December 1990; and National
Coalition for Haitian Refugees, Americas Watch, and Caribbean Rights,
Harvesting Oppression: Forced Haitian Labor in the Dominican Sugar
Industry (New York: Human Rights Watch, 1990).
16 Human Rights Watch/Asia, Rape for Profit: Trafficking of Nepali
Girls and Women to India's Brothels (New York: Human Rights Watch,
June 1995).
17 All dollar amounts in this report are in U.S. dollars.
18 Pradeep Mehta, "Cashing in on Child Labor," Multinational Monitor,
April 1994.
19 Ministry of Labour, Annual Report 1994-95, p. 95.
20 K. Mahajan and J. Gathia, Child Labour: An Analytical Study (New
Delhi: Centre of Concern for Child Labour, 1992), p. 25. Citing the
Indian Council for Child Welfare, Mahajan and Gathia report that
"slavery is on the increase among children below the age of 15 years."
Gathia also notes, in another study, that the number of children in
India who will not be in school by 2000 may be as high as 144 million,
indicating there may be tens of millions more child laborers in India
by 2000. (See: Child Labour Action Network (CLAN), Political Campaign
for Compulsory Primary Education (New Delhi: Child Labour Action
Network, 1996), p. 2.
21 Commission on Labour Standards and International Trade, Child
Labour in India: A Perspective, June 10, 1995, p. 32.
22 In 1984, the Operations Research Group-Baroda, an independent
research organization based in Baroda and Madras, estimated there were
forty-four million child laborers in India. Taking into account
population growth and employment trends, that figure would be
approximately sixty million in 1995. Another frequently cited figure
is one hundred million child laborers, a number that corresponds to
the government's estimate of all non-school-going children, who are
assumed to be working more than eight hours a day. Peace Trust and
Bhagwati Environment Development Institute, From the South, vol. 2,
no. 1, January-March 1995, p. 1. Anti-Slavery International confirmed
this estimate of 115 million in a telephone interview on August 14,
1996. Official government figures on the working child population, on
the other hand, are based on the 1981 census and are absurdly
inaccurate, with the government claiming there are only about
seventeen million child laborers. (See chapter on the role of the
Indian government.) A 1994 report by the Indian government's
Department of Women and Child Development, the Indian Council for
Child Welfare, and UNICEF-India concluded that "the number of working
children is closer to 90 million than the figure of 20 million assumed
by the government." Department of Women and Child Development, Indian
Council for Child Welfare, and UNICEF, India Country Office, "Rights
of the Child: Report of a National Consultation," November 21-23,
1994.
23 There are no accurate statistics that give the number of street
children in India. In 1983, the Operations Research Group stated that
there were forty-four million working children in India of which
eleven million were street children. This number must be considered
significantly low, given the fact that the study is now thirteen years
old. The government of India's 1991 Census estimated that eighteen
million children live and work in India's urban slums (huts,
tenements, pavement dwellings), which by the nature of their residence
and the fact that they were considered working, qualified them as
street children. The estimated population of India's street children
is between eleven to eighteen million, based on the Operations
Research Group's 1983 estimate and the 1991 Census estimate.
24 Peace Trust and Bhagwati Environment Development Institute, From
the South, Vo. 2, No. 1, January-March 1995, p. 1.
25 At a non-formal education center run during the evenings (as are
most, to accommodate the work schedules of the children), Human Rights
Watch asked one group of working children what they did for fun. The
boys perked up and rattled off a variety of activities: playing with
friends, going to the movies, riding a bicycle. The girls, however,
were puzzled by the question. Finally a teacher stepped in to explain:
the girls do not have the opportunity to do anything for fun; when
they are not working for wages or against a loan, they are working for
the family.
26 Mahajan and Gathia, Child Labour..., September, 1992, p. 24.
27 Human Rights Watch interview with social activist, November 21,
1995, Madras, Tamil Nadu. Advances in the beedi industry of Tamil Nadu
range from 500 to 5,000 rupees. These figures were confirmed by Human
Rights Watch interviews with dozens of bonded child beedi rollers.
28 There are an estimated 327,000 child workers in the beedi industry
(Burra, Born to Work p. xxiv); 300,000 child carpet weavers (Mehta.,
"Cashing in on Child Labor..."); and more than 200,000 children
working in silk weaving (see chapter on silk for details and
citations).
29 According to a 1991 study of child labor in India, these training
centers include "many [children] well below age fourteen." The manager
of one government program claimed that a ban on child labor in the
carpet industry would be "suicidal" for exports. See Myron Weiner, The
Child and the State in India (New Delhi: Oxford University Press,
1991), p. 86
30 Tanika Sarkar, "Bondage in the Colonial Context," Patnaik and
Manjari Dingwaney, eds., Chains of Servitude: Bondage and Slavery in
India (New Delhi: Sangam Books, 1985), p. 97.
31 See generally Uma Chakravarti, "Of Dasas and Karmakaras: Servile
Labour in Ancient India," Chains of Servitude . . .
32 Manjari Dingwaney, "Unredeemed Promises: The Law and Servitude,"
Chains of Servitude . . ., pp. 312-313.
33 For example: "The children were frequently beaten with iron
rods . . . and wounded with scissors . . ., if they were slow in work,
or if they asked for adequate food, or if they so much as went to the
toilet without the owner's permission." Appendix XV, "Reports on Child
Labour of Mirzapur," Law Relating to the Employment of Children
(1985), p. 160. Another report detailed a woman's attempt to rescue
her youngest son after his brother died on the job in a carpet-weaving
factory; the employer of her son threatened to kill the boy if she
attempted to meet him. "Bonded labourers' mothers want to see PM,"
Times of India, August 14, 1995.
34 Y. R. Haragopal Reddy, Bonded Labour System in India (New Delhi:
Deep and Deep Publications, 1995), p. 82. Similar incidents took place
across India in the mid-1980s. See, e.g., Ajoy Kumar, "From Slavery to
Freedom: The Tale of Chattisgarh Bonded Labourers," Indian Social
Institute, 1986, p. 8, reporting that bonded agricultural laborers who
attended meetings with labor activists were publicly beaten and driven
from their homes.
35 Human Rights Watch interview with rural activist, Dec. 13, 1995,
Rajasthan.
36 R. K Misra., Preliminary Report on the Child Labour in the Saree
Industry of Varanasi, Human Rights Cell, Banaras Hindu University,
Varanasi, 1995, p. 13.
37 Convention on the Suppression of Slave Trade and Slavery, signed at
Geneva, September 25, 1926; Protocol Amended the Slavery Convention,
signed at Geneva, September 25, 1926, with annex, done at, New York,
December 7, 1953, entered into force, December 7, 1953. A slave is
someone "over whom any or all of the powers attaching to the right of
ownership are exercised." Supplementary Convention on the Abolition of
Slavery, the Slave Trade, and Institutions and Practices Similar to
Slavery, done at Geneva, September 7, 1956; entered into force, April
30, 1957 (Supplementary Convention).
38 Supplementary Convention on the Abolition of Slavery.
39 Ibid.
40 Forced Labour Convention (No. 29), 1930, adopted at Geneva, June
28, 1930, as modified by the Final Articles Revision Convention,
adopted at Montreal, October 9, 1946.
41 International Labour Organisation, Conventions and Recommendations
1919-1966 (Geneva: ILO, 1966), p. 891. The ILO also passed the
Abolition of Forced Labour Convention (No. 105) in 1957; India,
however, chose not to sign this convention.
42 International Covenant on Civil and Political Rights, G.A. Res.
2200 (XXI), 21 U.N. GAOR Supp. (No. 16), U.N. Doc. A/6316 (1966)
(entered into force March 23, 1976).
43 International Covenant on Economic, Social and Cultural Rights,
G.A. Res. 2200 (XXI), 21 U.N. GAOR Supp. (No. 16), U.N. Doc. A/6316
(entered into force January 3, 1976).
44 Convention on the Rights of the Child, G.A. Res. 44/125, U.N. GAOR,
44th Session, Supp. No. 49, U.N. Doc. A/44/736 (1989) (entered into
force September 2, 1990).
45 Ibid. India ratified the Convention subject to a reservation that
these economic and social rights will be "progressively implemented,"
"subject to the extent of available resources."
46 Ibid.
47 See chapter on carpets; see also Human Rights Watch/Asia, Rape for
Profit: Trafficking of Nepali Girls and Women to India's Brothels
(Human Rights Watch: New York, 1995).
48 Convention on the Rights of the Child, G.A. Res. 44/125, U.N. GAOR,
44th Session, Supp. No. 49, U.N. Doc. A/44/736 (1989) (entered into
force September 2, 1990).
49 See S. K. Singh, Bonded Labour and the Law (New Delhi: Deep and
Deep Publications, 1994), pp. 48-51.
50 People's Union for Democratic Rights v. Union of India [Asiad
Workers' Case], AIR 1982 S.C. 1473, paragraph 1486.
51 Ibid., paragraph 1490. For a discussion of Supreme Court decisions
affecting bonded labourers, see Y. R. Haragopal Reddy, Bonded Labour
System in India (New Delhi: Deep and Deep Publications, 1995), ch. 4.
52 People's Union for Democratic Rights v. Union of India, (1982) 3
SCC 235, paragraphs 259-260.
53 Neeraja Chaudhary v. State of Madhya Pradesh, 3 SCC 243, paragraph
255 (1984).
54 "No child below the age of fourteen years shall be employed to work
in any factory or mine or engaged in any other hazardous employment."
Constitution of India, Article 24.
55 Consequently, post-act social action litigation on behalf of bonded
laborers is brought under both the Bonded Labour System (Abolition)
Act and the Constitution of India. For a discussion of cases see
Reddy, Bonded Labour System in India, ch. 4.
56 The Bonded Labour System (Abolition) Act, 1976, Sec. 4, 5, 6, and
14. See Appendix for full text.
57 Ibid., Sec. 16. The maximum penalties for a first-time offender
under the Child Labour (Prohibition and Regulation) Act are weaker
than the Bonded Labour System (Abolition) Act in terms of potential
length of incarceration (one year), but significantly stronger in
terms of monetary punishment (ten to twenty thousand rupees). See the
Child Labour (Prohibition and Regulation) Act, Sec. 14 (1).
58 Ibid., Sec. 2(1)(I)(a) and (b). Because no minimum wages have been
set by the government for children's work, the second prong of this
definition applies. See also People's Union for Democratic Rights v.
Union of India, (1982) 3 SCC 235, paragraphs 259-260, in which the
Supreme Court ruled that "where a person provides labour or service to
another for remuneration which is less than minimum wage, the labour
or service provided by him clearly falls within the scope and ambit of
the word `forced labour'..." All forms of forced labor are forbidden
under the Bonded Labour System (Abolition) Act.
59 "It shall be the duty of every District Magistrate and every
officer specified by him under Sec. 10 to inquire whether after the
commencement of this act, any bonded labour system or any other form
of forced labour is being enforced by, or on behalf of, any person
resident within the local limits of his jurisdiction and if, as a
result of such inquiry, any person is found to be enforcing the bonded
labour system or any other system of forced labour, he shall forthwith
take such action as may be necessary to eradicate the enforcement of
such forced labour." Bonded Labour System (Abolition) Act, 1976, Sec.
12.
60 Human Rights Watch interview with Mirzapur District Collector Mr.
Bachittar Singh, December 19, 1995, Mirzapur. A 1994 study describing
the multifarious duties of district magistrates notes that "[n]o
district magistrate can properly perform all the assignments given to
him." See also S. K. Singh, Bonded Labour and the Law, p. 124-125,
142, 147.
61 Ibid., Sec. 11 requires the district magistrate to "as far as
practicable, try to promote the welfare of the freed bonded labourer
by securing and protecting the economic interest of such bonded
labourer so that he may not have any occasion or reason to contract
any further bonded debt."
62 Ibid., Sec. 14.
63 Reddy, Bonded Labour System in India, p. 163.
64 Ibid., citing, inter alia, Lr. No. Y-11011/4/84-BL, dated February
14, 1986, Director General (Labour Welfare), Ministry of Labour,
Government of India.
65 Ibid., p.166.
66 Ministry of Labour, Annual Report 1994-1995, p.97.
67 The Children (Pledging of Labour) Act, 1933, Sec. 2. "Child" is a
person less than fifteen years old.
68 Ibid., Sec. 4 - 6.
69 Child Labour (Prohibition and Regulation) Act, 1986, Part I,
Section 2(ii).
70 The twenty-five occupations and industries where child labor is
prohibited are: beedi-making; carpet-weaving; cement manufacture;
cloth printing, dyeing and weaving; manufacture of matches, explosives
and fireworks; mica-cutting and splitting; shellac manufacture; soap
manufacture; tanning; wool-cleaning; the building and construction
industry; manufacture of slate pencils; manufacture of agate products;
manufacturing processes using toxic metals and substances; "hazardous
processes" as defined by the Factories Act, Sec. 87; printing as
defined by the Factories Act, Sec. 2; cashew and cashewnut processing;
soldering processes in electronic industries, railway transportation;
cinder picking, ashpit clearing or building operations in railway
premises; vending operations at railway stations; work on ports; sale
of firecracker and fireworks; and work in slaughter houses. Child
Labour (Prohibition and Regulation) Act, 1986, Part II (Prohibition of
employment of children in certain occupations and processes), Sec. 3,
Schedules A and B; as amended by Government Notification Nos. No.SO
404(E) (June 5, 1989) and No. SO. 263(E) (March 29, 1994).
71 Myron Weiner, The Child and the State in India (New Delhi: Oxford
University Press, 1991), pp. 80-81.
72 Commission on Labour Standards and International Trade, Child
Labour in India..., p. 40.
73 Ibid.
74 The prevalence of corruption among factory and labor inspectors and
other charged with enforcing child labor laws was confirmed to Human
Rights Watch by multiple sources, including an official of the
national government. See also Commission on Labour Standards, Child
Labour in India... , p. 40.
75 The Child Labour (Prohibition and Regulation) Act, 1986, Sec. 3.
76 See chapter on handwoven carpets.
77 Ibid., Sec. 10.
78 According to R. V. Pillai, the Secretary General of the National
Human Rights Commission (NHRC), there is frequent collusion between
medical officers of the government and employers of child labor, who
bribe the medical officers in order to obtain certificates stating the
children working for them are above the age of fourteen. Secretary
General Pillai stated that some medical officers are "notorious" for
engaging in these acts, to the extent that the NHRC has recommended to
some district magistrates that they file criminal charges against
corrupt medical officers. Human Rights Watch interview with Secretary
General Pillai, December 28, 1995, New Delhi.
79 "No child who has not completed his fourteenth year shall be
required or allowed to work in any factory." The Factories Act, 1948,
Sec. 67.
80 Ibid., Sec. 2(m)(I) and (ii).
81 To get around this restriction, factory owners have been known to
"partition their premises and isolate the areas where work is being
done with power." See Burra, Born to Work, p. 75.
82 According to Burra: "In order to evade the Factories Act, ninety
per cent of the units show that they have less than nine workers. In
some factories I visited, I noticed around fifty workers. But when I
asked the employer, he said there were only eight people working
there!" Ibid., p. 136.
83 The Scheduled Castes and The Scheduled Tribes (Prevention of
Atrocities) Act, 1989, Section 3(1).
84 The Inter-State Migrant Workmen (Regulation of Employment and
Conditions of Service) Act, 1979, ch. II - ch. VI.
85 The Contract Labour (Regulation and Abolition) Act, 1970, Sec. 6,
10, and 64.
86 Campaign Against Child Labour (CACL), "Reference Kit on Child
Labour for Media Persons," January 1995.
87 All testimonies in this report are from children interviewed by
Human Rights Watch researchers in November and December, 1995, except
where otherwise noted. All names have been changed.
88 "50,000 cr beedies consumed annually," Indian Express, February 1,
1995. One crore, abbreviated as "cr," is equal to ten million.
89 Ibid.
90 Burra, Born to Work, p. xxiv. Another account estimates 248,000
child beedi workers in Tamil Nadu. See R. Vidyasagar,"A Status Report
on Child Labour in Tamil Nadu," Madras, 1995, p. 8.
91 "Children shall be free," The Hindu, September 24, 1995; "50,000 cr
beedies consumed annually," Indian Express, February 1, 1995.
92 "Ragi" is a type of grain, commonly given to South Indian
agricultural laborers instead of cash wages. See R. Vidyasagar, "Debt
Bondage in South Arcot District: A Case Study of Agricultural
Labourers and Handloom Weavers," Chains of Servitude, p. 146.
93 L. R. Jagadheesan, "Whole families are pledged for paltry sums,"
Indian Express, April 25, 1995.
94 The minimum wage for beedi rolling varies from state to state. The
wage is slightly lower in Karnataka than in Tamil Nadu, while in the
neighboring state of Kerala it is significantly higher, at forty-two
rupees per thousand beedi rolled. "50,000 cr beedies consumed
annually," Indian Express, February 1, 1995. The minimum wage does not
apply to children, but is a good indicator of the market value of
labor, and non-bonded children in the beedi industry appeared to be
receiving wages comparable to the government-set minimum wage. Many
activists and some government officials are pressing for legal reform
to apply the same minimum wage to adults and children, on the grounds
that such a move would decrease child labor and increase adult
employment.
95 This wage is actually 3.65 rupees more than the government set
minimum wage for beedi rolling (30.90 rupees per 1,000 beedies).
Regardless of whether adults or children roll beedies, they are paid
the same on a piece-rate basis. The only wage differentials
occurbetween bonded and non-bonded beedi rollers. This indicates that
there would be no significant difference between adult and child wages
when bondage is not a factor or when payment is solely based on
production (piece-rate) which is a very common way of paying people in
informal occupations where the majority of Indians, children and
adults, work. There are other examples of this. For example, in
stainless steel factories in Madras, adults and children receive the
same piece-rate wages. In Pakistan, where bonded labor is also
endemic, adults and children have been paid on the same piece-rate
basis in the country's soccer ball industry. These findings call into
question a commonly held tenet about child labor: that children's
wages depress adult wages in the same industry and that removing
children from work would automatically lead to an increase in adult
wages. In addition, Neera Burra notes that the piece-rate wage
structure in home-based, informal work actually provides an incentive
to use children, as their help increases the production, which in-turn
provides a higher family income, and says "Unless the issue of home-
based, piece-rate workers is resolved and minimum wages and social
security provided to this sector, children will continue to be
exploited." See Burra, Born to Work, p. 255. Removing children from
employment would not necessarily result in raising adult wages unless
the problems of piece-rate wages and other forms of payment based
solely on productivity are addressed as well.
96 Human Rights Watch interview with longtime social welfare activist,
November 21, 1995, Madras.
97 Jacob Varghese, "Freedom at Mid-Day," Worldvision: A Worldvision of
India Magazine, Monsoon 1993, p. 6-7.
98 National Children's Day in India is celebrated on November 14, the
birthday of Jawaharlal Nehru, one of the founding fathers and the
first prime minister of India.
99 Human Rights Watch interview with social welfare activist, November
21, 1995, Madras.
100 Ibid.
101 Vidyasagar,"A Status Report...," p. 9.
102 Ibid. Vidyasagar cites a study of one beedi manufacturing village
that found 25 percent of all beedi rollers to have tuberculosis.
103 Human Rights Watch interviews, North Arcot district, Tamil Nadu,
November 25, 1995.
104 Beedi and Cigar Workers (Conditions of Employment) Act, 1966, Sec.
2(I).
105 Asha Krishnakumar, "Reprehensible by any name: Children in beedi
industry," Frontline (Madras), November 17, 1995, p. 87.
106 Vidyasagar, "Status Report...," p. 8.
107 Local government authorities estimate there are 45,000 bonded
child laborers in the North Arcot district alone, most working in the
beedi industry. "Child Labour Abolition Support Scheme (A proposal
submitted to the International Labour Organisation)," North Arcot
Ambedkar District, 1995, p. 1. An estimated 30,000 bonded children
work in the beedi industry in North Arcot. See Vidyasagar, "A Status
Report...," p. 8. Unlike most beedi-producing areas, where 90 percent
of the workers are women and children, North Arcot district has a
significant percentage of adult male beedi workers. Vidyasagar
attributes the high rate of bondage in North Arcot to the presence of
men workers in the same industry, hypothesizing that "men use
children's labour to augment their income by keeping them under
bondage by paying low wages." Ibid.
108 "Child labour census in Tamil Nadu district," The Hindu, April 28,
1995.
109 "Child Labour Abolition Support Scheme (A proposal submitted to
the International Labour Organisation)," North Arcot Ambedkar
District, 1995, p. 8.
110 Ibid. pp. 1, 8-12, and 25.
111 Human Rights Watch interview with North Arcot District Collector
M. P. Vijaykumar, November 27, 1995, Vellore, Tamil Nadu.
112 Depending on the circumstances of the case, a bondmaster could be
charged under the Bonded Labour System (Abolition) Act, the Child
Labour (Prohibition and Regulation) Act, or the Factories Act. As of
1995, the collector had initiated a limited number of prosecutions
under all three laws, including a handful of cases against parents who
had bonded their children. Human Rights Watch interview with North
Arcot District Collector M. P. Vijaykumar, November 27, 1995, Vellore,
Tamil Nadu; "Project Proposal for Community-Based Convergent
Services," North Arcot Ambedkar District, June, 1995, p. 15 Most
activists agree that prosecution of parents is misguided. Among
prosecuted employers, as of December 1995 the collector had not aimed
for prison sentences, but instead sought only modest fines.
113 North Arcot Ambedkar District, "Child Labour Abolition Support
Scheme (CLASS)," Proposal submitted to International Labour
Organisation, 1995, p. 10.
114 Reddy, Bonded Labour System in India, p. 56.
115 Human Rights Watch interview with North Arcot District Collector
M. P. Vijaykumar, November 27, 1995, Vellore, Tamil Nadu.
116 Vidyasagar, "A Status Report ...," p.9.
117 The "silver" referred to throughout this discussion is not pure
silver, but a blend of silver and lesser metals.
118 The figure of 100,000 working children in Salem is based on a
social scientist's finding that Salem district accounts for 10.93
percent of all child workers in the state of Tamil Nadu, and the 1981
census figures of 975,055 working children, below the age of fourteen,
in Tamil Nadu. See Vidyasagar, "A Status Report...," pp. 2 -3. Based
on more reliable statistics and analyses, however, Vidyasagar himself
estimates that there are four million working children in Tamil Nadu,
which would indicate about 400,000 child laborers in Salem district
alone. Ibid., p. 5.
119 Ibid., p. 14.
120 Human Rights Watch interview with the chief of a village near
Salem, Tamil Nadu, November 30, 1995.
121 Background information on the silver industry of Salem was
provided during a Human Rights Watch interview with staff members of a
local nongovernmental organization, November 30, 1995. It requested
anonymity in order to avoid possible repercussions against its
programs or staff.
122 Human Rights Watch interview with a social worker who works with
the children in this industry, Salem, November 28, 1995.
123 Human Rights Watch interview with a small-scale silver smithy
owner who, at the time of the interview, had three bonded children
working, Salem, November 30, 1995.
124 See chapter on applicable law.
125 Human Rights Watch telephone interview with Project Officer J. L.
Poland, December 1, 1995, Salem, Tamil Nadu. The district government's
goal was to establish twenty such schools, with one hundred working
children in each.
126 Ibid. Instead of prosecuting, the office is employing a
"cooperative approach" and "working with the companies [that employ
child laborers]," according to the project officer. A local activist
put this another way. "He [the district collector] is collaborating
with the big mill and factory owners.... They [government officials]
will never worry about the welfare of the child labourers." Human
Rights Watch interview, November 30, 1995.
127 Ibid.
128 Report of the Commission on Bonded Labour in Tamilnadu, submitted
to the Supreme Court for Supreme Court Civ. Writ Petition No. 3922 of
1985. October 31, 1995, Madras, Tamil Nadu, p. 75.
129 Vidyasagar, "A Status Report...," p. 12.
130 Report of the Commission on Bonded Labour in Tamilnadu, p. 76.
Those few gem workers who are not scheduled caste members are members
of lower castes.
131 "A training centre on synthetic diamonds production," The Free
Press Journal, January 16, 1996.
132 Ibid.
133 Ibid.
134 Ibid.
135 There have been several other problems with this initiative.
According to the director of a local social welfare organization, the
new machines, which the government encouraged people to buy, were very
expensive (valued at 8,000 rupees each) and were sold to participants
by government agents at an inflated price (up to 16,000 rupees each).
These purchases were financed by bank loans set up with government
assistance, and buyers were then saddled with long-term bank debts. A
second problem was over saturation of the market as a direct result of
the gem park scheme. More than 6,000 people bought these machines and
were trained to use them. Many of these buyers were entering into the
industry for the first time, enticed by government promises of steady
earnings. With more and more American diamonds being produced, a glut
in the market soon developed. Within a year, many of the machines
stood idle, their owners having defaulted on the loans and begun
looking for other means of income generation. Another accusation
against the program is that the training process has been inadequate,
with the result that some participants never even learned how to use
their machines. Some machines, then, were idle from the start. That
the production glut happened anyway underscores an even greater
potential for market flooding.
136 Report of the Commission on Bonded Labour in Tamilnadu, p. 76.
137 There are five distinct stages of gem production: slicing,
shaping, preforming, faceting, and polishing. Each of these stages
requires minute and sustained attention to detail. Report of the
Commission on Bonded Labour in Tamilnadu, p. 75.
138 Vidyasagar, "A Status Report...," p.13, citing eye specialist Dr.
Jaiswal. According to Dr. Jaiswal, eyeglasses are not usually required
by the general population until after the age of thirty-five.
139 "Silk Exports May Fall 20 Percent," Business Line, March 7, 1996.
140 Ibid.
141 "Indo-German Trade Surges By 20% to DM 8.17 Billion," Business
Standard, June 12, 1996.
142 See Sanjay Sinha, The Development of Indian Silk: A Wealth of
Opportunities (New Delhi: Oxford and IBH Publishing Co. Pvt. Ltd.,
1990), p. 46-47, 56-59; government subsidies as of 1990 totaled $20
million annually; The Hindu, "Sericulture project for 7 more
districts," November 21, 1995, p. 5. The article reported that World
Bank funding of sericulture projects would continue and the annual
production of silk was expected to more than double by end of eight-
year project. "Sericulture" refers to the culture of the silkworm.
143 "Silk Exports May Fall 20 Percent," Business Line, March 7, 1996.
144 Public Interest Research Group, The World Bank and India (New
Delhi: Public Interest Research Group, 1994), p. 81.
145 Ibid., p. 82.
146 "Karnataka to Have 7 Integrated Silk Growth Centres," Business
Line, January 31, 1996; "Silk-Mixed Fare on the Cards for the Future,"
Economic Times, February 3, 1996.
147 The World Bank, India-UP Diversified Agriculture Support Project
(DASP), Project Identification Number INPA35824, Proposal Date: March,
1995.
148 The World Bank, Working With NGOs (Washington D.C.: The World
Bank, 1994), p.5.
149 There is also a significant amount of bonded child labor in the
silk powerloom industry, with at least 35,000 bonded children working
the powerlooms of Tamil Nadu alone. This area demands further
investigation and action on the part of government authorities, but is
beyond the scope of the present report.
150 Human Rights Watch interview with researcher R. Vidyasagar,
November 17, 1995, Madras; Report of the Commission on Bonded Labour
in Tamilnadu, October 31, 1995, Madras, submitted in connection with
Supreme Court Civ. Writ Petition No. 3922 of 1985, p. 73; R.K. Misra,
Preliminary Report on the Child Labour in the Saree Industry of
Varanasi, Human Rights Cell, Banaras Hindu University, Varanasi, 1995,
p. 10.
151 Misra, Child Labour in the Saree Industry of Varanasi, p. 3.
152 Human Rights Watch interview with director of government cocoon
market, December 7, 1995, Magadi, Karnataka.
153 No systematic study has been undertaken on child labor in the silk
industry of Karnataka. Nonetheless, a detailed study of one Taluk
(subdivision of a district) near Bangalore found 10,000 bonded child
silk workers in that Taluk alone. Based on this figure,an overall
estimate of 100,000 is conservative.
154 Sinha, The Development of Indian Silk: A Wealth of Opportunities
(New Delhi: Oxford and IBH Publishing Co. Pvt. Ltd., 1990), p. 11.
155 Ibid., p. 31.
156 Ibid. at 31.
157 Memorandum to Human Rights Watch from author Rudi Rotthier and
photographer Marleen Daniels, November 1, 1995 (Rotthier/Daniels
memorandum).
158 Human Rights Watch interviews, December 6, 1995, Ramanagaram,
Karnataka.
159 Results of a 1995 survey conducted by social service organization
in Magadi Taluk, rural Bangalore District, Karnataka.
160 Rotthier/Daniels memorandum.
161 Human Rights Watch interview with social activist, December 7,
1995, rural Bangalore district.
162 Human Rights Watch witnessed many children working in the twining
factories and spoke with several of them briefly, usually in view of
their employers. We were unable to gain access to the children in a
setting more secure and conducive for interviews. Instead, we relied
largely on information provided by a local social welfare
organization. Although the particulars of these three testimonies were
confirmed repeatedly by our own conversations and observations, the
testimonies themselves were recorded by this organization and not by
Human Rights Watch.
163 Rotthier/Daniels memorandum.
164 Sinha, The Development of Indian Silk, p. 63.
165 A researcher who undertook a detailed study of the industry
reported that girls who work in the silk factories tend to have
irregular and very painful menstrual periods, and may suffer other
reproductive problems. Human Rights Watch interview with social
activist in a village in Rural Bangalore district, Karnataka, December
7, 1995. A female leather worker interviewed in Ambur, Tamil Nadu,
reported the same phenomenon in the shoe factories of that town. To
Human Rights Watch's knowledge, there has been no effort by the
government to investigate these or other health problems experienced
by working children.
166 Ibid.
167 Human Rights Watch interview with researcher R. Vidyasagar, Nov.
17, 1995, Madras; Report of the Commission on Bonded Labour in
Tamilnadu, Oct. 31, 1995, Madras, submitted in connection with Supreme
Court Civ. Writ Petition No. 3922 of 1985, p. 76.
168 Misra, Preliminary Report on the Child Labour, p. 8.
169 Sinha, Development of Indian Silk, p. 34.
170 On November 24-25, 1995, Human Rights Watch interviewed forty
people in four of the Kanchipuram area regarding the use of bonded
child labor in the silk handloom industry. Most of those interviewed
were bonded child laborers; others were parents of working children,
non-bonded child workers, owners, employers, and agents. Except where
otherwise noted, all information regarding the practices of the
Kanchipuram silk industry was obtained during these interviews. All
information regarding the practices of the Varanasi silk industry is
from Misra, Preliminary Report on the Child Labour, except where
otherwise noted.
171 Human Rights Watch interview with researcher R. Vidyasagar, Nov.
17, 1995, Madras, Tamil Nadu.
172 Misra, Preliminary Report on the Child Labour, p. 8.
173 Misra, Preliminary Report on the Child Labour, p. 11.
174 Ibid., p. 30.
175 Ibid., pp. 10-11.
176 One wealthy employer told Human Rights Watch researchers, in an
interview in Kanchipuram on November 23, 1995, that he has suffered
losses totaling 200,000 rupees because of children running away. While
he declined to specify how many children ran away or over what period
of time this loss occurred, this figure is a clear indicator of the
desperate conditions and deep suffering of the bonded child laborer's
life.
177 B.N. Juyal, Child Labour: The Twice Exploited (Varanasi: Gandhian
Institute of Studies, 1985).
178 Jagaran, Dec. 14, 1994 (cited by Misra, Preliminary Report on the
Child Labour, p. 5).
179 Ibid.
180 Misra, Preliminary Report on the Child Labour, p. 47.
181 "Thousands of persons are committing offenses under this act every
year. However not one person is known to have been convicted in
Varanasi." Ibid., p. 44. Nor have there been any convictions in the
Kanchipuram area.
182 See chapter on applicable law.
183 Human Rights Watch interview with North Arcot District Collector
M. P. Vijaykumar, Nov. 27, 1995, Vellore, Tamil Nadu; Misra,
Preliminary Report on the Child Labour, p. 42.
184 Human Rights Watch interview with director of government cocoon
market, Dec. 7, 1995, Magadi, Bangalore Rural District, Karnataka.
185 Sinha, Development of Indian Silk, pp. 47, 57.
186 "By the Skin of Its Teeth - Indian Leather Industry," Financial
Express Investment Week, August 9, 1995; "Indian Shoe Manufacturers
Increased Exports Rs. 9.14 Bil in 1994-95, Compared With Rs. 5.23 Bil
in 1992-93," Reuters, March 27, 1996.
187 Prakash Mahtani, Chairman of the Council for Leather Exports,
predicted exports valuing seven billion dollars by the year 2000.
Sharika Muthu, Times of India, Shoe Fair Supplement, "Global Giants
Stepping into Indian Shoes," Oct. 17, 1994.
188 The Factories Act, 1948, Sec. 2(m)(i) and (ii); The Child Labour
(Prohibition and Regulation) Act, 1986, Sec. 3. (The act does not
apply to workshops where occupier is assisted by family).
189 See chapter on the role of the government.
190 Based on our observations of the Bombay leather shoe industry,
girl workers comprise approximately 5 percent of the child workers
overall.
191 Human Rights Watch interview with local resident and shoemaker,
January 16, 1996, Bombay.
192 A small percentage of the boys are brought in from Uttar Pradesh
and other parts of Maharashtra. These children make wooden heels for
shoes, while the children from Rajasthan make the leather sandals
known as chappals. Times of India, "Children toil for 12 hours in
chappal units," February 12, 1996.
193 The information on Rajasthani shoemaking communities was gathered
during several Human Rights Watch interviews in villages near
Viratnagar, Rajasthan, Dec. 13-14, 1995.
194 At the same time, their daughters are being forced into carpet-
weaving. See chapter on carpets.
195 Bonded Labour System (Abolition) Act, Sec. 2(1)(g)(I)(1).
196 Ibid., Sec. 2(1)(I)(a) and (b). Because no minimum wages have been
set by the government for children's work, the second prong of this
definition applies.
197 People's Union for Democratic Rights v. Union of India, (1982) 3
SCC 235, paragraphs 259-260.
198 Times of India, "Children toil for 12 hours in chappal units,"
February 12, 1996.
199 According to the Ministry of Labour, 84.98 percent of child labor
is in agriculture. Ministry of Labour, Government of India, "Children
and Work," produced for Workshop of District Collectors/District Heads
on "Elimination of Child Labour in Hazardous Occupation," New Delhi,
September 13-14, 1995, p. 3. For statistics on bonded child laborers,
see Burra, Born to Work..., pp. 32-33, the range is so great because
no definitive study has been undertaken to determine the number of
bonded child laborers in agriculture. The 85 percent of all bonded
laborers was confirmed by Anti-Slavery International in a telephone
interview with Human Rights Watch on August 14, 1996; but like other
statistics on bonded and child labor, no comprehensive survey has been
taken to document this.
200 Dalit groups have largely rejected the terms "untouchable" and
"harijan" (children of God) to describe their communities. They are
also referred to as "scheduled castes," a term which like "scheduled
tribes" refers to groups designated on a schedule attached to the
Indian Constitution as entitled to special consideration, including
some quotas for educational and career opportunities, in recognition
of their historically disadvantaged status. Many, if not the majority
of India's bonded laborers are members of the Dalit communities, or
are "scheduled tribes"-indigenous tribal people, also known as
adivasi. However, in some industries, Dalits occupy positions other
than bonded laborers. In the silk industry, for example, some loom-
owners and weavers are also Dalits.
201 See for example, A.R. Desai, ed. Repression and Resistance in
India, (Bombay: Popular Prakashan Private Ltd., 1990).
202 All interviews by Human Rights Watch, December 9, 1995, Anekal
Taluk, Bangalore Rural District.
203 Kiran Kamal Prasad, "Bonded Labour in Anekal Taluk, Bangalore
Urban District, Karnataka" (Guddhati village: Self published, March
12, 1991), p.4.
204 Ibid.
205 Government of India, 8th Five Year Plan: 1992-1997 (New Delhi:
Cosmos Bookhive (P) Ltd., 1992), pp. 64-65.
206 Kiran Kamal Prasad, "Bonded Labour in Karnataka," (Bangalore: Self
published, 1995), p. 4.
207 Ibid.
208 Ibid.
209 Ministry of Labour statistics on bonded labour are cumulative
totals. For a further discussion of these statistics and their
methodology, see below.
210 Kiran Kamal Prasad, "Bonded Labour...", p. 3.
211 Ibid, p. 2.
212 "23 Children Rescued from Bondage," The Statesman, January 26,
1996.
213 Pradeep Mehta, "Cashing in on Child Labor."
214 Ela Dutt, "Rug Firms With No Child Labor Need Help," India Abroad,
February 3, 1995.
215 See Hamish McDonald "Boys of bondage: Child labour, though banned,
is rampant," Far Eastern Economic Review, July 9, 1992, p. 19 (with
arrival of Nepali children, including girls, reports of sexual abuse
and rape increasing).
216 "Mirzapur Carpets - Taking Exports to a New High," Economic Times,
June 10, 1996.
217 Since 1994, the carpet industry has been experiencing a decline in
terms of global market share. It declined to a 17 percent share of the
global market in 1995, from 21 percent in 1994. Most reports attribute
this to increased competition from China and Iran. "Hand-Knotted
Carpet Units Losing Out to China, Iran," Financial Express, March 12,
1996; "Mirzapur Carpets - Taking Exports to a New High," Economic
Times, June 10, 1996.
218 "Steps taken to Curb Child Labour in Carpet Industry," Times of
India, December 11, 1995.
219 India's total exports in 1995 were $26.2 billion; carpet exports
were valued at $650 million, or about 2.5 percent of the total
exports.
220 "Steps taken to Curb Child Labour in Carpet Industry."
221 Edward A. Gargan, "Bound to Looms by Poverty and Fear, Boys in
India Make a Few Men Rich," New York Times, July 9, 1992.
222 "Mirzapur Carpets - Taking Exports to a New High."
223 Molly Moore, "Factories of Children; Youth Labor Force Growing in
Asia to Meet Export Demand, Help Families," Washington Post, May 21,
1995. Although the highest concentration of carpet villages is in
Mirzapur district, carpet manufacturing is also a dominant industry in
the neighboring districts of Allahabad, Varanasi, and Jaunpur.
224 Neera Burra, Born to Work, p. xxii.
225 According to one 1995 report, carpet manufacturers have found a
new way to exploit the poverty of the Bihar inhabitants: in addition
to bringing Bihar children into bondage in the carpet belt,
manufacturers are beginning to bring bondage to the children, setting
up hundreds of looms in the poorest districts of Bihar. See "Ex-child
labourers make a fresh start," Times of India, July 31, 1995.
226 Anti-Slavery International (ASI), "Slavery Today in India,"
Factsheet B, July 1994. According to ASI, 10,000 boys have been
kidnapped from the boys' district (Chichoria, Bihar) alone.
227 Prem Bhai, "The Working Conditions of the Child Weaver in the
Carpet Units of Mirzapur and Summary of Findings," Law Relating to
Employment of Children, 1985, p. 146.
228 Shamshad Khan, "Migrant Child Labour in the Carpet Industry of
Mirzapur-Bhadohi," (undated).
229 A detailed 1984 study found that approximately 50 percent of
migrant child weavers were paid only in food; another 40 percent of
them received only one or two rupees per day. Prem Bhai, "Working
Conditions of the Child Weaver..." p. 151.
230 Except where otherwise noted, all child testimonials from the
carpet belt are drawn from Human Rights Watch interviews, December 19,
1995, in several rural villages of Mirzapur district, Uttar Pradesh.
231 See especially Prem Bhai, "The Working Conditions of the Child
Weaver in the Carpet Units of Mirzapur and Summary of Findings," Law
Relating to Employment of Children, 1985.
232 See, e.g., "Ex-Child Labourers make a Fresh Start," Times of
India, July 31, 1995.
233 Information on health risks from Human Rights Watch interviews in
Mirzapur district, Uttar Pradesh, and Jaipur district, Rajasthan; also
McDonald, "Boys of bondage...," July 9, 1992, p. 18; Shamshad Khan,
"Improvement in Health, Hygiene and Nutritional Status of Child Labour
in Carpet Industry: Experience of CREDA," February 26, 1990.
234 Molly Moore, "Factories of Children; Youth Labor Force Growing in
Asia to Meet Export Demand, Help Families," Washington Post Foreign
Service, May 21, 1995.
235 "19 Children Rescued from Bonded Labour," Indian Express, Nov. 9,
1995.
236 Bhai, "The Working Conditions of the Child Weaver...", p. 151.
237 Ibid., p. 152.
238 Pradeep Mehta, "Cashing in on Child Labor."
239 See McDonald, "Boys of Bondage...," p. 19.
240 See chapter on leather for a more detailed discussion of the
Rajasthani shoemaking communities.
241 Approximately 80 percent of the child carpet-makers in Rajasthan
are female (Human Rights Watch interview with social activist,
December 14, 1995, Viratnagar). This is quite different from the
pattern in the Uttar Pradesh carpet belt, where 95 percent of the
carpet-makers are male.
242 Human Rights Watch interview, December 13, 1995, village near
Viratnagar, Jaipur district, Rajasthan.
243 Ibid.
244 Anti-Slavery International, "Slavery Today in India," Factsheet B,
July 1994.
245 Ibid. As of 1991, the number of government-run carpet-training
centers was reported as approximately two hundred. Weiner, The Child
and the State in India, p. 86.
246 Human Rights Watch interview with local children's rights
activist, December 13, 1995, Viratnagar, Rajasthan.
247 B. N. Juyal, "Official Schemes Exacerbate Situation in Northern
States," Vigil India, No. 69, August 1995, p. 6.
248 Ibid.
249 Ibid. Under the Emergency of 1975-1977, then Prime Minister Indira
Gandhi suspended civil liberties, arrested hundreds of opposition
leaders and activists, and attempted to push through a number of
economic reforms, including new development programs.
250 Indian Constitution, Article 24.
251 Gargan, "Bound to Looms..."
252 McDonald, "Boys of bondage ..." p. 19 .
253 Ibid.
254 Human Rights Watch interview with Mirzapur District Collector
Bachittar Singh, December 19, 1995, Mirzapur, Uttar Pradesh.
255 Human Rights Watch interview with Rajasthan Labour Commissioner
Ashok Shekhar, December 15, 1995, Jaipur, Rajasthan.
0 S. B. Civil Writ Petition No. 263/1995, Ugam Raj Mohnot v. State of
Rajasthan and Others, filed January 18, 1995, before the High Court of
Judicature for Rajasthan, Jaipur Bench, Jaipur. The writ requests,
inter alia, that the Court "direct the State Government to make Rules
under the Child Labour (Prohibition and Regulation) Act, 1986, and to
implement the provisions of this act forthwith strictly..." The
petitioner is coordinator of the Rajasthan branch of the Centre of
Concern for Child Labour (CFCCL) and he filed the petition on behalf
of the organization.
1 Civ. Writ Petition No. 3922 of 1985 with Civ. Writ Petition No. 153
of 1982, Record of Proceedings, August 7, 1995.
2 Human Rights Watch interview with Ms. Srilata Swaminathan, Rajasthan
Kisan Sangathan, December 13, 1995, Jaipur, Rajasthan.
3 Commission on Labour Standards and International Trade, Child Labour
in India..., p. 41.
4 This section discusses the government's child labor programs. These
are not programs designed specifically to address the needs of bonded
child laborers; as of July 1996, the Indian government has no such
program.
5 UNICEF, "Child Labour: UNICEF India Position," 1995, p. 4. There are
467 districts in all of India.
6 See Commission on Labour Standards and International Trade, Child
Labour in India..., p. 42-45 (describing eighteen policies, laws,
committees, etc. established by central government since 1921).
7 Ibid., p. 45.
8 Ibid.
9 "Non-formal education" is typically part-time instruction that
emphasizes basic literacy and life skills. It is geared toward working
children.
10 The majority of the funds for this program were provided by the
International Programme on the Elimination of Child Labour (IPEC), a
program of the International Labour Organisation. IPEC focuses on "the
worst abuses of child labour: hazardous work, forced labour, the
employment of working children who are less than 12 or 13 years old,
girls and street children." The NGO Group for the Convention on the
Rights of the Child, 1993, "Eliminating the Exploitation of Child
Labour: International, national and local action," May 1993, p. 8.
11 Commission on Labour Standards, "Child Labour in India," p. 49
(source: Ministry of Labour). Additional IPEC programs serve nearly
55,000 children. Ministry of Labour, Government of India, "Children
and Work," Workshop of District Collectors/District Heads on
"Elimination of Child Labour in Hazardous Occupations," New Delhi,
September 13-14, 1995, p. 11.
12 Ministry of Labour, "Children and Work," p. 5.
13 "Data on Child Labour yet to be Compiled," The Hindu, April 10,
1995, p. 13. The article uses the figure of 850 crore rupees; one
crore is equal to ten million.
14 Ministry of Labour, "Children and Work," p. 5.
15 "India has told the International Labour Organisation it requires
no external financial assistance for the various remedial measures it
is taking [to eliminate children from the workforce in hazardous
industries]." "Collectors Meeting on Child Labour," The Statesman
(Calcutta edition), September 10, 1995; "Government today informed the
Rajya Sabha that it had rejected the offer by some countries to help
India check the problem of child labour, saying it preferred to depend
on its own resources." "India rejects aid to tackle child labour," The
Statesman, March 12, 1996; "India spurns aid to abolish child labour,"
Times of India, February 11, 1996.
16 The issue of foreign aid also underscores the government's
sensitivity to external critiques of child labor in India. According
to one diplomat in New Delhi, "the Indian government is known to have
discouraged suggestions, including one from the European Union, for
financial assistance." The diplomat attributed this stance to a desire
by the government "to avoid any meddling in its programme for
abolition of child labour," pointing out that international funding
brings with it accountability for the use of funds, something the
Indian government may wish to avoid. "India spurns aid," Times of
India, Feb. 11, 1996. Others believe that the government is
positioning the issue of external aid as a bargaining chip in the
ongoing debate over a linkage between trade and labor. Under this
view, "[i]f the developed countries demand that the pace of compliance
with international labour standards should be faster... India could
then ask for a substantial part of the cost of the programmes to be
shared by the developed countries." Ibid.
17 The twenty million figure was used by then-Prime Minister Rao on
August 15, 1994, when he announced the government's goal of releasing
two million child workers from hazardous industries by the year 2000.
Campaign Against Child Labour, "Reference Kit for Media Persons,"
January 1995, p. 8.
18 Department of Women and Child Development, Indian Council for Child
Welfare, and UNICEF, India Country Office, "Rights of the Child:
Report of a National Consultation, November 21-23, 1994, p. 102.
19 N.K. Doval, "Double-speak on child labour," The Hindu, December 28,
1994; Ministry of Labour, Children and Work, September 13-14, 1995.
Based on 1981 figures, the Planning Commission for the Census of India
estimated that there were seventeen and a half million child laborers
under the age of fourteen in 1985, eighteen million in 1990, and 20
million in 1995 See Commission on Labour Standards, Child Labour in
India, p. 3
20 Gerry Pinto, UNICEF, "Child Labour in India: The Issue and
Directions for Action," 1995, p. 2; UNICEF et al., "Rights of the
Child," p. 101.
21 Ministry of Labour, Children and Work, September 13-14, 1995, p. 2.
Preliminary numbers released from the 1991 census include a total
population of 844 million people, 298 million of whom are children
under the age of fifteen. Of these children, 221million live in rural
areas and seventy-one million in urban areas. These numbers are
already considered out of date, with most sources reporting an overall
population of more than 900 million. India's population is expected to
cross the one billion mark by the turn of the century.
22 Human Rights Watch interview with National Human Rights Commission,
Secretary General R. V. Pillai, New Delhi, December 28, 1995.
23 This chapter discusses only certain aspects of the Bonded Labour
System (Abolition) Act. For a more comprehensive overview, see the
chapters on the legal context of bonded child labor and on the beedi
industry. The full text of the act may be found in the appendix.
24 Bonded Labour (System Abolition) Act, Ch. IV, Art. 10, Art. 12 and
Ch. V, Art. 14. There are twenty-five states in India and 467
districts. Stanley Wolpert, India (Berkeley: University of California
Press, 1991), p. 199; UNICEF, "Child Labour: UNICEF India Position,"
1995, p. 4.
25 See chapter on applicable law for details of the committees'
duties.
26 Judgement in Writ Petition No. 1187, 1982 (cited in Vivek Pandit,
"Prevention of Atrocities (Scheduled Castes/Scheduled Tribes): Bonded
Labour, Their Rights and Implementation", 1995), p. 7.
27 Neeraja Chaudhary v. State of Madhya Pradesh, 3 SCC, paragraphs
243, 255 (1984).
28 For details, see chapter on applicable law.
29 Neeraja Chaudhary v. State of Madhya Pradesh, 3 SCC 243, paragraphs
245-246 (1984).
30 Pandit, "Bonded Labour," p. 18.
31 Ministry of Labour, Annual Report 1994-1995, p. 97.
32 See, e.g., Mahajan and Gathia, Child Labour: An Analytical Study,
p. 25. Not only is the incidence of bonded child labor increasing, but
the wages paid to bonded laborers are steadily decreasing in real
terms. S.P. Tiwary, "Bondage in Santhal Parganas," Chains of
Servitude..., p. 206.
33 "Citizen's [sic] Body on Bonded Labour," Times of India, November
18, 1994.
34 Report of the Commission on Bonded Labour in Tamilnadu, October 31,
1995, Madras, p. 208, Part VIII, para. A. This report was submitted by
order of the Supreme Court in connection with Supreme Court Civ. Writ
Petition No. 3922 of 1985 (Public Union for Civil Liberties v. State
of Tamil Nadu and Others).
35 Sarma, Welfare of Special Categories of Labour, p. 55, citing
1989-90 Ministry of Labour statistics.
36 Ministry of Labour, Annual Report 1994-95, p. 97.
37 "Citizen's [sic] Body on Bonded Labour," Times of India, November
18, 1994.
38 Ibid.
39 Affidavit on behalf of the State Government of Tamil Nadu, October
7, 1994. This affidavit was submitted by order of the Supreme Court in
connection with Supreme Court Civ. Writ Petition No. 3922 of 1985
(Public Union for Civil Liberties v. State of Tamil Nadu and Others).
40 The case that sparked this inquiry, Public Union for Civil
Liberties v. State of Tamil Nadu and Others, was filed in 1985. Much
of the delay in its resolution is due to the state governments'
failure to respond to court directives in a timely manner. In its
order requiring the states to report on bonded labor practices, the
court noted that "It does appear to us that no significant progress
has been made by the concerned authorities and it is not unlikely that
the attitude of the concerned authorities is not enthusiastic as one
would expect in a matter of such significance." Record of Proceedings,
May 13, 1994. As of August 1996, Human Rights Watch has been unable to
find out whether the case has been resolved.
41 Human Rights Watch interview with Ashok Shekhar, Labour
Commissioner for Rajasthan, December 15, 1995, Jaipur, Rajasthan.
42 Human Rights Watch interview with Ashok Bhasin, Deputy Labour
Commissioner for Gujarat, December 15, 1995, Jaipur, Rajasthan.
43 Manoj Dayal, "Abolition of Bonded Labour an Eye-wash in Bihar,"
Patrika, December 26, 1995.
44 Department of Women and Child Development, Indian Council for Child
Welfare, UNICEF-India, "Rights of the Child: Report of a National
Consultation, November 21-23, 1994, p. 102.
45 The inability to come up with basic statistics regarding
enforcement was not an aberration, but rather just one example of a
chronic failure to keep-and make public-this information. See, e.g.,
"Scheme to divert kids from hazardous units," Indian Express, February
27, 1995.
46 The questions we asked of the Director General of Labour Welfare
included questions regarding: agency estimates of the number of bonded
child laborers in India; the number of district vigilance committees
currently in operation, and their activities to date; the number of
cases prosecuted under the Bonded Labour System (Abolition) Act and
the results of these prosecutions; the number of people rehabilitated
under the Bonded Labour System (Abolition) Act; whether any bonded
child laborers have ever been rehabilitated under the act; and the
agency opinion regarding the case of bonded labor currently before the
Supreme Court, in which thirteen states are accused of allowing
widespread bonded labor to flourish.
47 Commission on Labour Standards and International Trade, Child
Labour in India: A Perspective, June 10, 1995, p. 33. Inspections by
the national government presumable took place in New Delhi and other
centrally-administered territories.
48 Ibid.
49 N.K. Doval,"Double-Speak on Child Labour," The Hindu, December 28,
1994.
50 Molly Moore, "Poverty Weaves Harshness Into Lives," Guardian
Weekly, June 4, 1995, p. 19 (reprint from Washington Post) (of 4,000
convictions reported under the Act since 1986, 3,500 offenders got off
with a fine equivalent to five dollars or less; figures from report by
an Indian Chamber of Commerce and the International Labour
Organisation). The assertion that there have been 4,000 convictions
under the act does not coincide with the data released by the
government regarding 1990 to 1993 convictions, reported above. The
government's figures of 772 convictions for one three year period
indicate that, since the act was passed in 1986, total convictions
probably number 2,500 or less.
51 Hema Shukla, "India Insincere in Ending Child Labor," United Press
International, September 12, 1994.
52 Human Rights Watch interview with North Arcot District Collector M.
P. Vijaykumar, November 27, 1995, Vellore, Tamil Nadu.
53 Human Rights Watch interview with senior state official, a former
district collector of Tamil Nadu, November 22, 1995, Madras, Tamil
Nadu.
54 Human Rights Watch interviews, November 17 - December 1, 1995,
Tamil Nadu.
55 Human Rights Watch interview with social activists, December 22,
1995, Firozabad, Uttar Pradesh. See also Burra, Born to Work, p. xxiii
(of 200,000 glass workers in Firozabad, 50,000 are children).
56 Srawan Shukla, "Childhood goes up in Smoke in the `Land of Glass,'"
Times of India, November 19, 1994.
57 Human Rights Watch interview with R. V. Pillai, Secretary General,
National Human Rights Commission, December 28, 1995, New Delhi.
58 Ministry of Labour, Annual Report 1994-1995, pp. 96-97.
59 Ibid., p. 97.
60 The case, Public Union for Civil Liberties v. State of Tamil Nadu
and Others (Civ. Writ Petition No. 3922 of 1985), is investigating the
practice of bonded labor, and the states' failure to eradicate that
practice, in the states of Karnataka, Madhya Pradesh, Kerala, Andhra
Pradesh, Rajasthan, Haryana, West Bengal, Bihar, Uttar Pradesh,
Maharashtra, Tamil Nadu, Gujarat, and Meghalaya.
61 Public Union for Civil Liberties v. State of Tamil Nadu and Others,
Civ. Writ Petition No. 3922 of 1985 with Civ. Writ Petition No. 153 of
1982, Record of Proceedings, August 7, 1995, p. 2.
62 Ibid., p. 3.
63 G. V. Krishnan,"TN has 10 Lakh [one million] Bonded Workers, says
Panel," Times of India, March 1, 1996.
64 Ibid.
65 Reddy, Bonded Labour System in India, p. 153. Citing 1988-89
Ministry of Labour statistics.
66 Sarma, Welfare of Special Categories of Labour, p. 55, citing
1989-90 Ministry of Labour statistics.
67 Ministry of Labour, Annual Report 1994-95, p.97.
68 Manoj Dayal, "Abolition of Bonded Labour an Eye-wash in Bihar,"
Patrika, December 26, 1995.
69 Ministry of Labour, Annual Report 1994-95, p. 97.
70 Hoshiar Singh, Administration of Rural Development in India (New
Delhi: Sterling Publishers Pvt. Ltd., 1995), pp.165-188.
71 "Allocations for Labour Schemes Unutilised," Times of India, March
15, 1996.
72 Human Rights Watch interview, December 29, 1995, New Delhi.
73 Ibid. See also Reddy, Bonded Labour System in India, p. 171.
74 Report of the Commission on Bonded Labour in Tamil Nadu, October
31, 1995, Madras, submitted for Supreme Court Civ. Writ Petition No.
3922 of 1985, Part V, p. 1.
75 We asked the Director General of Labour Welfare for India for these
statistics, but he declined to respond.
76 Reddy, Bonded Labour System in India, p.161.
77 Human Rights Watch interview with District Collector M. P.
Vijaykumar, November 27, 1995, Vellore, Tamil Nadu.
78 Ibid. See also "8 Beedi Agents held under Bonded Labour System
(Abolition) Act," Indian Express, September 10, 1995.
79 Commission on Labour Standards and International Trade, Child
Labour in India..., p. 9 ("There is also apathy amongst State
Governments. Most states do not have yet in place the framing of rules
for the enforcement of the Child Labour (Prohibition and Regulation)
Act of 1986, nearly a decade later!"). The Commission on Labour
Standards and International Trade was appointed by the Indian
government in August 1994 for the purpose of studying "Issues
Concerning the Protection of Labour Rights and Related Matters."
Ibid., appendix 1.
80 Human Rights Watch telephone interview with Belgian journalist Rudi
Rotthier, October 19, 1995.
81 The Supreme Court noted this in directing states to include social
action groups in their efforts against bonded labor, stating that
"patwaris and tehsildars [local leaders] [are] either in sympathy with
the exploiting class or lacking in social commitment or indifferent to
the misery and suffering of the poor . ." Crim. Writ Petition No. 1263
of 1982, Neeraja Chaudhary v. State of Madhya Pradesh, 3 SCC
paragraphs 243, 251 (1984).
82 Human Rights Watch interview with attorney Jose Varghese, November
15, 1996, New Delhi.
83 Child Workers News, Vol. 2, No. 2, April-June 1994.
84 Crim. Writ Petition No. 1263 of 1982, Neeraja Chaudhary v. State of
Madhya Pradesh, 3 SCC 243, paragraph 252 (1984).
85 Tiwary, "Bondage in Santhal Parganas," Chains of Servitude, p.
207.
86 "Bonded labour is employed by powerful landlords from whom the many
political parties draw political support and this poses a major
obstacle to implementation of the legislation. The power of those
opposed to the eradication of bondage ensures the continuation of the
economic conditions which nurture the system." See Mahajan and Gathia,
Child Labour: An Analytical Study, p. 25.
87 Human Rights Watch interviews with local social activists, December
1, 1995, Trichy, Tamil Nadu, and December 18, 1995, Varanasi, Uttar
Pradesh.
88 These phenomena are discussed in previous chapters.
89 Human Rights Watch interview with Jose Varghese, November 15, 1995,
New Delhi.
90 Human Rights Watch interview with Supreme Court attorney, December
29, 1996.
91 For example, see Ajoy Kumar, "From Slavery to Freedom: The Tale of
Chattisgarh Bonded Labourers," Indian Social Institute, 1986, pp.
12-13.
92 Ministry of Labour, Annual Report 1994-1995, p. 97.
93 See G. Satyamurty, "Trouble Dogs Freed Bonded Labourers," The
Hindu, October 27, 1994; also, in a memorandum to Human Rights Watch,
journalists Marleen Daniels and Rudi Rotthier reported their discovery
in a rural village that, of twenty-one children liberated from bondage
in 1993, nineteen had been returned to bondage one year later.
(Rotthier/Daniels memorandum to Human Rights Watch, November 1,
1995).
94 For example, in Tamil Nadu, the rehabilitation allowance for a
bonded laborer released in December 1992 was not approved for
distribution until March 1994. Report of the Commission on Bonded
Labour in Tamil Nadu, October 31, 1995, Madras, submitted in
connection with Supreme Court Civ. Writ Petition No. 3922 of 1985, p.
18.
95 See Commission on Labour Standards and International Trade, Child
Labour in India..., p. 40.
96 See Neeraja Chaudhary v. State of Madhya Pradesh, paragraph 251.
97 Report of the Commission on Bonded Labour in Tamil Nadu, October
31, 1995, Madras, submitted in connection with Supreme Court Civ. Writ
Petition No. 3922 of 1985, p. 137.
98 Sreedhar Pillai, "Of Inhuman Bondage: The Supreme Court Indicts the
Tamil Nadu Government for Failing to Abolish Bonded Labour," Sunday
Magazine (Calcutta), April 7-13, 1996.
99 Tiwary, "Bondage in Santhal Parganas," Chains of Servitude..., p.
205.
http://www.hrw.org/legacy/reports/1996/India3.htm
...and I am Sid Harth
