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.”[1]
Studies indicate that there are around 1.1 crore to 1.4 crore bonded labourers
and forced labourers in India.[2]
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.[3]
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
Peoples’ Vigilance Committee on Human Rights (PVCHR)
[2] Kara, Siddarth, “Bonded Labour:
Tackling the system of slavery in South Asia”; Columbia Press, 2012
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