WHAT IS INDIA DOING ABOUT SLAVERY IN ITS COUNTRY?
"In 2018, India made a significant advancement in efforts to eliminate the worst forms of child labor. The government drafted the Trafficking of Persons (Prevent, Protection and Rehabilitation) Bill, which criminalizes and enhances penalties for aggravated forms of trafficking, including trafficking for the purposes of forced labor, bonded labor, and begging. It also established a new task force to implement the Child and Adolescent Labor (Prohibition and Regulation) Act and distributed a new data collection form that requires state governments to annually report to the National Crime Records Bureau specific details of human trafficking cases that occur at the district level. During the reporting period, police and child protection officers in several states conducted raids to rescue children from hazardous child labor and commercial sexual exploitation. In addition, the Government of the National Capital Territory of Delhi issued standard operating procedures for the immediate release of financial assistance to adults and children rescued from bonded labor and drafted a policy to combat human trafficking. However, children in India engage in the worst forms of child labor, including in forced labor producing garments and quarrying stones. Children also perform dangerous tasks in the production of thread and yarn. Hazardous work prohibitions do not include all occupations in which children work in unsafe and unhealthy environments for long periods of time, and penalties for employing children may be insufficient to deter violations." US Department of Labor
https://www.dol.gov/agencies/ilab/resources/reports/child-labor/india
India also established an independent and impartial investigatory and advisory body, the NHRC, "with a dual mandate to investigate and remedy instances of human rights violations and to promote public awareness of human rights. It is directly accountable to parliament but works in close coordination with the MHA and the Ministry of Law and Justice. It has a mandate to address official violations of human rights or negligence in the prevention of violations, intervene in judicial proceedings involving allegations of human rights violations, and review any factors (including acts of terrorism) that infringe on human rights.... The law authorizes the NHRC to issue summonses and compel testimony, produce documentation, and requisition public records. The NHRC also recommends appropriate remedies for abuses in the form of compensation to the victims or their families. The NHRC has neither the authority to enforce the implementation of its recommendations nor the power to address allegations against military and paramilitary personnel. Human rights groups claimed these limitations hampered the work of the NHRC. Some human rights NGOs criticized the NHRC’s budgetary dependence on the government and its policy of not investigating abuses that are older than one year. Some claimed the NHRC did not register all complaints, dismissed cases arbitrarily, did not investigate cases thoroughly, rerouted complaints back to the alleged violator, and did not adequately protect complainants." US Government 2019 Human Rights Report - India
"India has criminalised most forms of modern slavery, including trafficking, slavery, forced labour, and child sexual exploitation, in its Penal Code. However, under section 366 of the Penal Code, forced marriage is only criminalised when kidnapping is present. There is currently no legislation criminalising the use of children in armed conflict. There has been significant progress in drafting national legislation to encompass more aspects of modern slavery. A draft Trafficking of Persons (Prevention, Protection and Rehabilitation) Bill was announced in May 2016.85 The bill calls for the creation of a special agency to investigate trafficking crimes, anti-trafficking committees at the district, state, and central levels, and the establishment of special courts to prosecute trafficking crimes. It also includes provisions for cross-border repatriation of victims from other neighbouring countries. Additionally, the Indian government revised the guidelines of the National Child Labour Project (NCLP) scheme in 2016 which aims to eliminate all forms of child labour,105 and launched the corresponding Platform for Effective Enforcement for No Child Labour (PENCIL), which aims to support effective legislative enforcement and implementation of the NCLP.106 Despite the existence of legislation and schemes aiming to combat modern slavery, severe gaps between the government’s policy commitments and implementation have been noted. For instance, a 2016 research study of children trafficked for labour exploitation emphasises that there are a range of practical challenges to the rescue and reintegration of victims, such as failure to provide adequate reintegration services, a lack of human and financial resources, limited organisational accountability, and poorly structured partnerships between NGOs and government, among others. A key challenge in implementing laws criminalising trafficking or bonded labour is also the lack of integrated law enforcement systems for investigation and prosecution across different states in India, leading to a lack of robust investigation of trafficking networks across states." https://www.globalslaveryindex.org/2018/findings/country-studies/india
WHAT SHOULD INDIA BE DOING ABOUT SLAVERY IN ITS COUNTRY?
STRENGTHEN LEGISLATION
"Ratify and implement the ILO Domestic Workers Convention, 2011 (No. 189). Pass the Trafficking of Persons (Prevention, Protection and Rehabilitation) Bill and provide adequate financial resources towards implementation. When passed, develop training materials for police, judges and prosecutors on how to investigate and prosecute cases. Pass the National Domestic Workers Regulation of Work and Social Security Bill 2016 and provide adequate financial resources towards implementation. When passed, set up a taskforce to ensure the new domestic workers bill is implemented effectively, including training for officials and police on how to handle cases of exploitation of domestic workers.
IMPROVE VICTIM SUPPORT
Allocate adequate financial and human resources to local governments to set up units that assist internal migrant workers to access new identification documents, social security benefits, and housing assistance.
STRENGTHEN COORDINATION AND TRANSPARENCY
Implement a National Action Plan for all victims of modern slavery that recognises the different contexts of cross-border and localised forms of slavery. Strengthen the role of the National Human Rights Committee (NHCR) as an independent government body to oversee and coordinate India’s response to all forms of modern slavery.
ADDRESS RISK FACTORS
Publicly encourage formal, regulated, and safe channels to assist labour migrants. Set up awareness initiatives at local and national borders that provide migrants with contacts of local support organisations.
ERADICATE MODERN SLAVERY FROM THE ECONOMY
Encourage companies to fund local initiatives and NGOs which are combatting modern slavery and providing victim services, as part of the fulfilment of the CSR requirements under the 2013 Companies Act. Conduct mandatory labour inspections in high-risk industries within the informal sector, such as brick kilns, textile, and granite/stone/mineral industries. Mandate all industries and businesses to create credible grievance mechanisms that are accessible to vulnerable workers. Pass legislation mandating large companies to annually report on steps taken to eliminate modern slavery in their supply chains."