Over 10 Mn Bonded Labourers in India Trapped in the Dark Dungeons of Inhumanity
POSTED ON BY SHRUTI NAGVANSHI
It
is inhuman that over 10 million bonded labourers have little or no
hope. Trapped in the dark dungeons of debts, they are being ruthlessly
exploited. The perpetrators of the crime enjoy impunity. Lenin wrote an
Open Letter to the Prime Minister Narendra Modi, seeking his
intervention to end this inhumanity. As we celebrate the 125th Ambedkar
Jayanti (birth anniversary), this gross violation of human rights and
dignity calls for proactive action. Different Truth hopes that all
this will end soon. Here’s the copy of the letter, sent to us, by his
wife and co-activist, Shruti.
Dear Prime Minister,
My name is Lenin Raghuvanshi and I am writing to you on behalf of Peoples’ Vigilance Committee on Human Rights (PVCHR).
I
wanted to take this opportunity to bring to your attention issues that
concern the problem of bonded labour and labour trafficking in our
country.
As
you may be aware, bonded labour and labour trafficking are violent
forms of human trafficking where a person’s fundamental rights –
guaranteed under the Indian Constitution – are illegally taken away
because of a debt or other obligation. The Ministry of Labour and
Employment’s draft Central Sector Scheme for Rehabilitation of Bonded Labour cites
the Walk Free Foundation’s Global Slavery Index and states, “Bonded
labour is prevalent throughout India with families enslaved
for generations.” Studies indicate that there are around 1o.1 million to
10.4 million bonded labourers and forced labourers in India. Bonded
labour has been legally abolished in India under the Bonded
Labour System (Abolition) Act of 1976 (BLSA).
The
BLSA is still a helpful tool to combat bonded labour. Just a few weeks
ago, 564 labour trafficking victims from Chhattisgarh and Odisha were
rescued from bonded labour in a Tamil Nadu brick kiln. The owners of
this brick kiln were arrested under the BLSA and Section 370 of the
Indian Penal Code. One of the owners, a repeat offender, was arrested in
2011 for violation of the BLSA but was released on bail soon after. In
keeping with the provisions of the BLSA, 373 labourers have already
received their release certificates from the Revenue Divisional Officer.
These documents entitle the rescued survivors to rehabilitation
packages from their respective state governments. As per
existing rehabilitation schemes, Rs. 20,000 is provided as relief
assistance from both the Centre and State (50:50). Effective and
immediate rehabilitation to rescued and released bonded labourers is
a necessary requirement under Article 21 and 23 of the Constitution.
The latest draft of the Bonded Labour rehabilitation scheme – awaiting final approval from the Ministry of Labour and Employment –
proposes several good changes to the existing scheme. However, this
draft also proposes disbursement of rehabilitation funds from Centre to
State on condition of mandatory reporting of quantum of
penalty. Currently, poor coordination between relevant departments and
complexities of inter-state bonded labour cases are known to result
in delays in rehabilitation amounts reaching released bonded labourers.
Unless various aspects of bonded labour are taken into account and fully
addressed, the proposed changes to the rehabilitation scheme would
delay rehabilitation assistance for workers found in bonded labour
across different states in India.
At
a National Human Rights Commission (NHRC) Workshop on Eradication of
Bonded Labour in Bhubaneshwar this January, NHRC member Justice
Murugesan asserted that linking disbursement of rehabilitation funds to
perpetrator convictions would be detrimental. Convictions take a long
time in bonded labour cases, if they happen at all, and they rarely
deter the criminal. Many times offenders may not be traced or identified
thereby hampering a trial. As MP Varun Gandhi pointed out in a speech
in Parliament this February, “Recidivism occurs and [rescued bonded
labourers] fall back into bonded labour”, if rehabilitation funds are
released only after convictions. Additionally, if state governments only
receive reimbursement when a perpetrator is convicted – while still
remaining obligated to rehabilitate bonded labourers upon rescue –
district administrations may be less willing to rescue and rehabilitate
labourers.
We
believe that further clarifications and revisions to the Ministry of
Labour and Employment’s rehab scheme draft are imperative to ensure that
survivors of bonded labour receive their full rehabilitation
compensation in a timely manner and are not left vulnerable to
re-bondage.
Furthermore,
we would also like to see the Ministry of Labour and Employment open up
the amendment of BLSA Rules to discussions with civil society
organisations. We believe that joint collaboration between the
government and civil society will be key towards successfully
eradicating bonded labour in India.
Thank you for your time.
Sincerely,
Lenin Raghuvanshi
Pix from Net
No comments:
Post a Comment