Ensuring Zero Tolerance for All Forms of Forced Labour

Introduction:

“I was given food for two times a day and three hours of sleep. If I refused to do some work, they threatened to call the police. Once I forgot to mow and I was slapped. First time I questioned myself was I human being or not.”-One worker from UAE[1]

“Smallest coffins are the heaviest”[2]-amanous 

Though the world has come far away in the 21st century the chains of slavery are still binding many people. Forced labour is identified as modern slavery nowadays. The threat of this bonded labour has been distressing countries all over the world. No one has been spared from the brunt of this slavery be it privileged ones or non-privileged man women children etc. The worldwide survey done by the International Labour Organisation[3] (ILO) has observed that three out of every 1000 people is bonded labour. Forced Labour is defined named in various ways such as bonded labours, modern slavery, human trafficking and many more. This article discusses the topic of forced labour and ensuring zero-tolerance against all forms of forced labour.

Forced Labour- A Worldwide Threat

Work performed under the undue influence either involuntarily or under threat of causing penalty is recognized as compulsory or forced labour.

The proper meaning of Forced labour was given by ILO[4]  is follows:

“all work or service which is exacted from any person under the threat of a penalty and for which the person has not offered himself or herself voluntarily.” This definition was published in International Forced Labour Convention in 1930 (No 29).

Furthermore, Article 1(3) of Forced Labour protocol added to this definition with three essential elements.

• Work or service– it included all types of work from economic parts of informal work[5] too.
• Menace of any penalty- a person is unduly inflicted or threatened with unjustifiable penalties to compel to work
• Involuntariness- worker is compelled to do work or has no option but to do otherwise. His/her freedom to leave the work at consent is taken away. 

This Forced Labour has some exceptions which were mentioned in the same convention[6] and list of exceptions was detailed. According to Article 2(2) of the convention following were the exceptions for the concept of forced labour:

• Compulsory military service. (military officials)
• Normal civic obligations.
• Prison labour (under certain conditions).
• Work during emergency, situations (such as war, calamity or threatened calamity e.g. fire, flood, famine, earthquake) (present COVID-19 situation)
• Minor communal services (punishment imposed by judicial bodies) (within the community).

Forced Labour is a result of extremely violative and corrupted conduct of work. There are so many conditions which amount to forced labour. There are various indicators which clear out about the situation of forced labour.

Modes of Forced Labour

Forced Labour or modern slavery has a wide scope and various modes to it. Every human being suffers from bonded slavery be it men women or be it, children. ILO recognizes seven main types of Forced Labour.

1. Slavery
2. Debt Bondage
3. Human Trafficking
4. Prison Labour
5. Compulsory Labour
6. Military Work
7. Abuse of house help (houseworkers

Debt Bondage World and India

Another type of forced labour which has its roots in ancient times is debt bondage or bonded labour. The literal meaning of Bonded labour is a worker is forced to work under a debt of loan taken in advance and is unable to pay back. The worker is tied to work until loan is repaid.

The Bonded Labour System (ABOLITION) ACT, 1976 defines bonded debt and bonded labour in Sec 2(d) and 2(f) as follows,

   2(d)“bonded debt” means an advance obtained or presumed to have been obtained, by a bonded labourer under, or in pursuance of the bonded labour system;

2(f) “bonded labourer” means a labourer who incurs, or has, or is presumed to have, incurred, a bonded debt.

 The problem of debt bondage is more dangerous and discovered in Asian countries. According to a survey done by ILO today, 50% of victims of forced labour are from debt bondage practiced in the private economic sector. In India, bonded labour is spreading like wildfire because of two instances poverty and caste discrimination. From long ages, people of particular caste are suffering from debt bondage. A need for money for the battle of daily survival is pushing these helpless people in debt bondage. Primary and most glaring example bondage labour is seen in a brick kiln. Many workers have unsuccessfully tried and failed to escape from such places. Bonded labour is itself designed to exploit basic human rights. Often the debt is passed from generation to generation. Migrant labours are particularly exploited in this labour. The statistic of child labour is also high in this form of labour.

Ensuring Forced Tolerance Against All Forms of Forced Labour

UDHR Against Forced Labour

 While drafting the constitution of the Universal Declaration of Human Rights UDHR committee took the problem of forced labour into consideration as it was a long time threat looming over every human in the whole world.

Article 4 of the declaration is the key to protect from such type of abuse. It is right disposed to every human being from birth to not to be held in slavery, or servitude, or made to do any kind of forced labour.

 In the case of Siliadin v. France[7]trafficking of human being was discussed on European judicial platforms of human rights for the first time. The victim of the forced labour who was having the nationality of Togolese was serving a family in Paris for seven long years. The victim was minor and her passport and identification documents were confiscated. The victim applied to rely upon Article 4 of the convention submitted that France Criminal law refused to help so and pleaded for help. The forced and compulsory labour literally made her domestic slave.

   The Court held that France had terribly failed to protect her under their criminal legislation and violated Article 4 of the convention. It also defined the new and effective meaning of slavery. Forced or compulsory labour is work performed involuntarily and under threat of penalty.

Later in various cases, the International Committee on Human rights has forwarded their generous help in rescuing such suffering beings.

Situation of Forced Labour in India

The problem of bonded slavery or forced labour is not a new concept in India. A long time before freedom lower caste people in India faced this problem. After independence, Dr B.R.Ambedkar specifically argued about the dictatorship of private employer and hence was very much insistent about fundamental rights to cover freedom of a person to choose job of his/her choice and to quit it also. Article 23 of the Indian Constitution also advocates the rights of workers against forced labour.

   Nowadays this forced labour has taken rosy disguise of house help for 24 hrs available; we are available at your one indication at many more. Inhumane working hours in IT sector of India is one of the prime examples of Forced labour. India is a place of both the biggest market and place to find highly qualified and cheap labour. India has also vast incoming of Bangladeshi and Nepali immigrants. The primary and secondary economic sector of India has the biggest number of forced labours working on measly wages or no wages at all. Many large Industries employs such labour without any proper contract or promise at all. brick kilns, carpet weaving, embroidery, textile and garment manufacturing, mining, manual scavenging, and agriculture are one of the common practices for forced labour.

In Tamil Nadu, there was a very prevalent practice started in 1989 known as the Sumangali scheme, which is a form of forced labour. The word Sumangali in the Tamil language which means spinster girl becoming a respectable woman by entering into marriage. This scheme also is known as marriage assistance. Though dowry was long time abolished in India this is a subtle way of extorting money from the bride’s family.

Under the pretence of this scheme parents of the bride who were usually poor and low class forcefully insisted to employ their daughters in textile or at garment factories. They were lured into three years contract after completion of the promised bulk amount.

In this way, women were supposed to be made self-independent and self-reliable and economically strong. Though this argument was perfect in writing or rosy in every sense but various NGOs and researchers who gave their attention in this matter and investigated brought the exploiting and compelling nature of the scheme. The freedom of mobility and movement is fundamental in human rights. This scheme was a direct strike on the human right of those workers.

In the year 2016   The Global Slaver Index there were 18.3 million people in modern slavery in India.

Indian Government Against Forced Labour

There is another point of children of immigrant workers who have no identification documents and hence are forced to live in isolation without proper education and healthy living conditions. They often end up working alongside with their parents and becomes the prey of child labour. In the year 2017;200 children who had migrated from Odisha were rescued from a brick kiln. They were working as labours with their adult counterparts.

The Hon’ble Supreme Court of India who has been working hard from time to time for the betterment of weaker section of our country and safeguarding their rights has given landmark judgements against forced labour.

In the case of Bandhua Mukti Morcha v Union of India[8]Supreme Court ordered to State of Uttar Pradesh to ban and eliminate the carpet industry who used child labours which is strictly prohibited under Indian Constitution. Many children were kidnapped from Bihar and other rural areas were discovered in this factory. The court discussed the welfare of children and the importance of protecting their rights.

The special legislation came into the year 1976 strongly opposed bonded labour and separate Act was established. The Bonded Labour System (Abolition) Act 1976[9] safeguards rights of workers.

Legislature on Forced Labour

There are various and specific steps taken by the Indian Government against Forced Labour some of them are mentioned below

• Article 23 of the Constitution of India explicitly prohibits abolishes and punish all forms of forced labour and human trafficking.
• The Bonded Labour System (Abolition) Act 1976 specifically came into existence for this cause.
• The Union Ministry of Labour and Employment enacted several laws including; Inter-State Migrant Workmen Act, 1979 and Child Labour (Prohibition and Regulation) Act, 1986
• Indian Judiciary has criminalised forced labour under Sections[10] 370, 341, and 374 of Indian Penal Code

Proper Framework to Eliminate Forced Labour

Government has planned the national legal framework[11] to eradicate the problem of forced labour. The formulation of these ambitious plans includes the following key procedural steps:

• Immediate rehabilitation of rescued or rescuing operation of forced labour. It also included the labours who are waiting from long time rescued are also to be rehabilitated.
• Usage of Judicial review and handling of pending cases in FastTrack courts. Establishment of Tribunals for forced labour workers.
• Reviewing Credit-related laws.
• It is necessary to keep complete documentation of all workers under forced labour system. It helps to find out victims and easier to handle similar matters
• Providing legal aid to such workers and making awareness camps from root level to multinational companies.
• Providing education medical facilities to duck bonded labours and their family.
• Creating justifiable and free will jobs opportunity. The fair procedure of employment is to be made available.
• Conducting yearly surveys in search of debt bondage child labour forced labour and the percentage of human trafficking to be calculated accurately.

In this way Government has created such path to systematic working in removing forced labour.

Harsh Reality of Forced Labour

Even after bestowing so many legislatures and various landmark judgements obtaining the official exact statistics on forced labour is extremely difficult. The number of cases filed under the BLSA Act for children is equal to nonexistence. In the states like Tamil-Nadu Andhra Pradesh Odisha and Bihar, the rate of human trafficking for the purpose of forced labour is 84%. These are the cases only identified and freed from forced employment. The actual number of cases is still hiding their hideous face under the rosy veil of customs or modern slavery stations like IT parks. The main cause of this problem is socio-economic insecurity of our people. The near incompetence of official has hardened the criminals and has made the systematic business of human trafficking for this forced labour. Many times people who are victims of forced labour are totally unaware of their predicament main reason is poverty and lack of education. The hunger in them forces to work under such horrible conditions.

The employer class takes the undue advantage of their helpless situation and exploit their basic human necessities. In the year 2020 pandemic of COVID-19 this cruel face of forced labour because of unorganised employees or workers. Especially immigrant workers have been victimised in this period. The minimum wages are also not paid to them. In such cases legislations which are built to protect those workers grossly fails. Loopholes are searched and implied to protect their financial profit and business.

Hope for New India- Conclusion

Though the problem of bonded slavery and forced labour is serious in India. Indian Government along with Constitution and various legislation trying to fight and win this war against forced labour. The Supreme Court of India has taken cognizance of crimes under forced labour and delivered harsh punishments against such people or organisation who are practicing forced labour. From the last three years, there were zero cases of forced labour found in Tamil Nadu who was once famous for its Sumangali scheme. The cases of forced labour were children are concerned are taken into fast track judgements. It is not working of single ministry or Government to ensure the safety of people; it is our duty to report if such practices are seen in our society so that proper actions will be taken.

There are so many positive instances and developments which are appreciably taken by Government of India.

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References:

[1] www.antislavery.org>slavery-today

[2] www.azquotes.com

[3] ilo.org.in forced labour convention 1930.

[4] International Labour Organisation.

[5] Informal work :house help, babysitting full time house keeper etc.

[6] Forced Labour Convention 1930 (no 29).

[7] Siliadin v. France ECHR 26 July 2005 Application no.73316/01.

[8] Bandhua mukti morcha v. Union of India& ors. (1997)10 SCC 549.

[9] The Bonded Labour System (Abolition) Act 1976 Act 19 of 1976

[10] Sec 37 : trafficking of person

Sec 341: punishment for wrongful restraint

Sec 374: Unlawful compulsory labor

[11] A perspective plan to eliminate forced labour in India by L. Mishra (2001)