INTRODUCTION
“Everything comes from labor, nothing without labor. Even Ghee does not come out with a straight finger.”
From this verse we are getting to know about the importance of ‘labor’ that nothing is possible without labor, be it in our personal life or professional life.
When there is so much importance of labor (shram) in our life, then think how important will be the person who we all know by the name of LABOUR ( majdoor).
Yes, labour, one who works hard for the rest of his life just for others yet he does not even get food for two times a day in a proper way.
Workers work all day long, they did not even get time to rest, working in different cities, staying away from their families, still they could not get the right fruits of their hard work.
“Labor is prior to, and independent of, capital. Capital is only the fruit of labor had not first existed. Labor is the superior of capital, and deserves labor is the superior of capital, and deserves much higher consideration.”
“-Lincoln’s First Annual Message to Congress (December 3 ,1861)”
So, yes, it is true that labor is much more than capital, in fact Labor (shram) is the whole wealth of labour (majdoor).
But still, despite the importance of labor the workers do not get the proper return of their labor.
Neither do the workers get proper payment, nor do they get a proper environment, nor do they get a proper place to sit. There is no separate toilet facility for women, which is very important.
Instead of helping them, peoples do human trafficking just for their own benefit so that they can force them to work.
The data of problems like human trafficking and forced labor is increasing day by day.
In this COVID-19 thousands or millions of people including women and children are far from their home means no school no work no social support in the pandemic situation which means high risk of Human Trafficking, high rate of Forced Labour. COVID-19 situation has worsened the condition of workers and increase the risk of becoming victims.
Technology also has a very important role in this. While technology has many good benefits, it also has disadvantages.
People are misusing technology instead of using it for good works, due to which crimes like human trafficking and forced labor are increasing. With the help of technology, smugglers can easily control the victims and their movements are also easy to track through video cameras.
Why would that happen? Why are workers so oppressed? Why are they forced to do work? What is the reason behind all this? If by misusing the technology, the smugglers can get benefits by controlling victims through technology, then by using the technology in the right manner, can’t we help the victims?
Is there no solution to all these problems? and if so then what is it?
In this article we are going to give the answers of all these questions and further we also discuss about Human Trafficking, Forced Labour, Role of Technology and also, we will do Comparison with International Laws to make the concept clear.
“May the well-being of all people be protected by the powerful and mighty leaders be with law and justice.
May the success be with all divinity and scholars, May all (samastāḥ) the worlds (lokāḥ) become (bhavantu) happy (sukhino).”
According to this verse, the good and bad of the people of the country is handled by the leader of that country, the government of that country and the law of that country. So that there is no injustice to all the people of the country, they get all their rights and they can live happily.
But if someone takes away their rights from the workers or misbehaves, then how will the law of our country help them?
What legal provisions are there in our law for huge problems like human trafficking and forced labor.
In this article we will explain the legal provisions of our country related to Human Trafficking, Forced Labour and the provisions related to the role of technology in these problems with the help of different case laws. At the same time, we will do the comparison of legal provisions of our country related to these problems with other countries as well.
HUMAN TRAFFICKING
The illegal act of transferring or coercing individuals for purpose of profiting from their employment or service, usually via forced labor or sexual exploitation is known as human trafficking. It is defined as unlawful movement of individuals from one nation or region to another for purpose of forced labor or sexual exploitation.
It could also be a significant crime and a major infringement of human rights. Sexual exploitation of youngsters of any nation is worse than the other offences against them. Art 51A imposes a duty on every Indian citizen as it says: “It shall be the duty of each citizen of India, to renounce practices derogatory to the dignity of women”. However, the practical situation is far from this.
Sexual abuse, bonded labor, domestic slavery, drug smuggling, forceful marriage, coerced crime, child soldiers, and organ harvesting are all examples.
Factors include-
- poverty and a lack of job options.
- Prostitution for religious or traditional reasons
- Getting Married as a Child
- False promises about a job or a marriage
- migratory patterns
- Sexual tourism.
- Pornography
LEGAL FRAMEWORK
Apart from provisions of Constitution, India has a diverse set of laws established by Parliament and a few State legislatures.
Art 23 – explicitly prohibits and criminalizes human trafficking and forced labor.
Art 24- Children under14 are protected from working in mines, or other dangerous jobs.
IPC
There are around 25 provisions regarding human trafficking, however here are a few important ones:
- Inducing any young girl under eighteen to attend any such location with purpose to compel or entice unlawful intercourse with another person is a crime u/s 366A.
- Importing any female under twenty-one with purpose of forcing or seducing her into unlawful intercourse with another person may be a criminal offense u/s 366B.
- Sec 374 punishes anybody who forcibly forces someone to work against their choice.
IMMORAL TRAFFIC (PREVENTION) ACT 1956
It was first piece of law aimed at preventing girls and women from being sexually exploited.
The Bonded Labor System (Abolition) Act of 1976 defines bonded labor as a mechanism of forced or partially compelled work wherein a debtor takes a monetary or in-kind advance in return for a promise of his or any family member’s or other dependent’s labor or service to, or for benefit of creditor. The agreements are often oral or written, and they may be for a certain period of time or not, and with or without pay. Individuals who are enslaved by debt have no right to sue their employer or negotiate the terms of their contract. Workers are compelled to labor until they return a debt that is continually manipulated and increased by application of interest, fines, and deductions, and they are unable to work for other companies meanwhile.
PROHIBITION
The Bonded Labor System (Abolition) Act of 1976 provides a legal framework against bonded labor, which is backed by laws like Contract Labour Act of 1970, Inter-State Migrant Workmen Act, and therefore Minimum Wages Act. It legally banned loan bondage and proclaimed null and invalid any practices, traditions, contracts, or agreements that force an individual to provide bound labor. The Act also bans bondage, establishes individual and corporate criminal responsibility, and makes actions of advancing a bonded debt, extracting bound labor, or compelling a person to provide bonded work punishable by up to three years in jail and a 2,000 rupee fine. India’s labor laws are complicated, with over 40 basic legal processes divided by industry or kind of job, including a slew of Acts governing add factories, plantations, and construction work. Maximum working hours, salary, health and safety, and dealing circumstances are all addressed hereby.
However, it is believed that over 90% of Indian employees contribute to informal sector, making them vulnerable to exploitation in an unregulated and uncontrolled environment.
Labor officials who attend rescue in situations of forced labor are supposed to make sure that laborer’s pay is reimbursed. In most cases, they are computed on spot, and labor authorities file a claim under Minimum Wage Act.
Art 23 (1) prohibits trafficking in citizens or persons.
FORCED LABOUR
“It is unfair to seek one’s own interests at the cost of other people’s right”
DEFINITION
“Forced labor is a term in which the work is performed fully involuntarily and under the menace of any penalty”
Forced labor also said to be compulsory labor, it is about work or services which are extracted from one under any threat of punishment and especially such person hasn’t offered himself or herself by choice. In short, he is forced to work against their will.
AFFECTS
It affects everyone irrespective of gender. It is most commonly found in sectors which is having many workers with almost no regulations and it includes industries like:
· Agriculture
· Household word
· Construction, mining, etc.
· Manufacturing
· Prostitution
· Illegal activities
SLAVERY
“Our lives begin to end the day we become silent about the things that matter”
Forced labour is often leads to slavery. It is the worst form of exploitation. And this is an extremely used type of exploitation.
Although many people connect forced labor with physical violence, methods used to coerce individuals to work are more subtle and en-grained in some cultures and faiths.
In such instances, migrant workers are also picked a lot as they don’t often speak regional language of that particular area and also, they have few friends in the new place and have limited rights with the dependency on employees.
MODERN SLAVERY
“I am simply here to work. But it seems like I am in jail”
As we all know, everyone has right to freedom and live free with whole liberty from slavery. But right now, many children and adults including men and women are trapped in slavery in India.
Modern slavery is extreme exploitation of people for not only financial gain but also for personal reasons. It is surrounding us, however regularly barely far away.
From outside, it appears to be a regular job or regular labor. Individuals, on other hand, are subjected to control at work, where they may face cruelty or danger, be forced into unavoidable obligations, or have had their visas revoked and are facing deportation.
Forced labor is a type of contemporary slavery that encompasses any activity or service that people are compelled to perform against their choice and under threat of punishment.
FORCED LABOUR AS PER ILO (INTERNATIONAL LABOUR ORGANIZATION)
Forced labor, also known as compulsory labor, refers to any work and services that are demanded from one person to another under threat of punishment, and in which the individual has not volunteered for the task. However, it excludes:
- any labor or service performed in accordance with mandatory military service regulations for work that is solely military in nature, as well as any work or service that is only a part of individuals’ usual civic responsibilities in fully self-governing nations.
- Any task or service that is demanded of a person as a result of a court decision.
- Any work or service required in an emergency, such as a war, calamity and in general any circumstance that puts existence or well-being of entire or a portion of population in jeopardy.
FORCED LABOUR IN INDIAN CONSTITUTION
Forced labor is expressly prohibited and criminalized under Art 23, and it is considered a crime punishable by law. However, the state can impose mandatory service, but only for public interests.
“Article 23, Prohibition of traffic in human beings and forced labour
1. Traffic in human beings and beggars and other similar forms of forced labour are prohibited and any contravention of this provision 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.”
Whoever committed the crime of forced labour is punishable for 3 years and a fine of maximum INR 2,000.
RECOMMENDATIONS
Policy Amendments:
· Convention 138- It mainly establishes the minimum age for employment admission.
· Convention 182- It generally prohibits and eliminate the extreme form of child labour, which includes hazardous occupation especially.
· Convention 189- It ensures decent working conditions for domestic workers and ensures their proper education and support who are under the age of 18.
Sensitization and capacity building:
As a crucial step to reduce demand for forced labor, NGOs and government organizations must work on boosting knowledge and sensitization within civil society (i.e., from grassroots of villages to higher and middle echelons of society).
Social protection schemes:
Increased awareness and utilization of social protection schemes (national rural health missions, national rural employment guarantee schemes) helps to mitigate socioeconomic differences and safeguard lives of anyone who gets stuck in the crap of forced labour.
Education:
It is one of the strongest measures which can be taken to proficient implementation of early childhood care and education act and it curbs the prevalence or forced labour among children.
Rehabilitation & Repatriation:
Due to insufficient financing for rehabilitation, repatriation, and reintegration, forced labor is occurring. It is responsibility of different regulatory agencies to guarantee that adequate financial and human resources are allocated to protection of women, children, and downtrodden.
- As the effect of covid-19 exacerbate the roots of forced labour; deepening poverty (from 4.5% to 10.5 expected), increased informality and reduced access to social protection (1.6 billion informal economy), weakening governance structure (funding shortage hit), increased discrimination.
“The costs of forced labour on the economy are staggering. People think it is cheap labour. But, the economic cost to combat forced labour is far more advantageous than letting it subsist.”
ROLE OF TECHNOLOGY
“Technology is bad when technology starts using us, rather than we using technology for the purpose that we want to use it for”
Technology
It refers to a Scientific knowledge of practical application for the aim of human life. It is the knowledge that involves creation and use of tech ways in a particular area. Whatever we are achieving by the use of our scientific knowledge or skill then we are basically using technology. It revolves everyone in our daily life from wheel to computer. It is in any form simple to dazzling complex. Role of technology is very important and it is spreading increasingly nowadays. We are seeing it everywhere in every possible way. There has been a lot of profit and loss to people due to technology. Which gives both positive and negative impact on our daily life. We are completely surrounded by tech gadgets like: phone in your hand, TV in front of your bed, laptop at your desk, washing machines for your clothes, etc.
1. In Human Trafficking
Technology has made our lives easier and convenient. However, with the good should return the bad- with advantage should return disadvantage. It is being used for good (helps to control cyber crimes) or bad (for social sexual exploitation with the view to disrespect women’s dignity. All the vendors in their system use technology for the payment process of buying & selling of human beings exploited. Technology has been conjointly efficient in the payment process. Hence, traffickers usually switch to victimization bitcoin as a method of payment, basically it is an untraceable kind of payment. The availability of GPS capabilities on android phones has aggravated this matter as long traffickers will keep spies’ tabs on the placement of victim’s cell phones. The police keep in touch with victims’ families. Traffickers kidnap their victims from a silent places like beach or villages with assurance of jobs in big towns and uses them for the works in traffic light areas for begging or in red light areas for prostitution but technology helps to trace them via other payment methods or by the help of informers.
2. In Forced Labour
Multi-level supply chain systems in the present time make it more durable for corporation sectors to spot or find forced labour via advanced employment methods. New technologies will assist corporations to do chores with vendors who adhere to moral habits in their supply chain system. Nowadays, instrument to discover and stop forced labour is a unit restricted attributable to multiple layers within supply chain. The only solution of this issue is usage of Block chain and AI.
• Block chain
It refers to a system of recording data during a means that produces it troublesome or not possible to vary, hack or cheat. It is actually a kind of digital reader of recorded transactions that is copied and scattered across the world’s whole network of computers. It has an essential role to fight forced labour & stop exploitation of labour in chain management. For eg – in some circumstances, many workers from economically weaker countries don’t have their identification like (Aadhaar card or Pan card). That makes it harder to find or locate their movement. Here, biometric and Iris scans produce identity for labours which helps us to differentiate between Forced Labour & Labour. The coordination between the personal business and therefore the welfare sector might produce the solutions to the problems of forced labour. For example- the company of the Tuna Fishing and Process Co. Sea Vest Fiji with the World Life Foundation. Co. Covansys and facilitator Traceable Solutions aims to trace supply chain management and eradicate forced labour for better development of the society.
• AI
Developments in AI will help in distinctive forced labour’s typically complicated employment practices. Free-form text information will facilitate determined forced labour patterns, and data processing will assist in pursuit illicit behaviors.
3. In Labour Laws
In India labour laws are continuously developing because of proper changes in the technological growth, digitalization and operating place. In India there are many legislations which cover laws associated with labour & employment, here’s not only single legislation. Here all powers related to reforms of laws on labour and employment are in the hands of the central and state. Here are some laws related to working conditions, employment conditions, wages, social security and industry that come under labour and employment laws. Nowadays technology has been used in every sector which has made us lazy or work easier or we can say that in India technology has a very important position in the development of labour and employment laws. Even it helps to bring transparency and effective enforcement. The Ministry of Labour and Employment has come up with one portal named “Unified Shram Suvidha Portal ” for ease of compliance. It works as a connection between employers and employees. Labour Identification Number (LIN) was assigned to every unit under Labour law for the amalgamation of data. SAMADHAN portal was introduced by the Central Government for helping employees and workers to raise industrial disputes online. Thus, technological advancements in labour and employment laws square measure very necessary for maintaining with modification medical care and for labour reforms. It’s vital for organizations to cope-up with technology trends and mitigate non-compliance risks.
JUDICIAL INTERPRETATION IN RELEVANCE TO LABOUR LAWS
1. JUDICIAL DEFINITION OF HUMAN TRAFFICKING
● RAJ BAHADUR V. STATE OF WEST BENGAL, 1953 SCC ONLINE
Hereby, it was held that that human trafficking refers to the dealing of humans like goods, so as to one can trade. It also includes women and child trafficking for the purpose of immoral or other purposes.
2. CASE LAWS OF CONSTITUTIONAL PROVISIONS ON BONDED LABOURS
●PEOPLE’S UNION FOR DEMOCRATIC RIGHTS V. UNION OF INDIA, (1982) 3 SCC 235
The SC has explained meaning of forced labor under the Constitution of India. It noted that when one provides services to State, or to anyone else, without paying the minimum wage, then that person is in violation of article 23.
This article prohibits forced labor. It means that a person is forced to perform a service or provide labour for another person. This can be done through force, threat, or coercion. Usually, a person is forced to provide labor due to hunger or poverty.
An individual’s choice of actions may be regarded as a force, and if forced to perform a particular course of action, it would be considered forced labor. An example of this is where a person is suffering from starvation or hunger, and he can no longer help his family or even hide his nakedness.
He would not be able to bargain with the employer unless he was forced to do so. He would have no choice but to accept the terms of the offer made to him.
In a capitalist society, the financial circumstances often put more force on one than physical or legal force. This is because economic conditions make it difficult for a person to obtain the services or labour he wants.
Where one services to someone else for below minimum wages, violation of fundamental rights of the workers is committed, the person has a right to seek the court’s intervention.
● BANDHUA MUKTI MORCHA V. UOI (1997) 10 SCC 549
In this case a PIL was registered u/Art 32 in SC. The plea was to instruct State of UP to undertake adequate procedures to prohibit child Labour. Later, the Court formulated a committee to look over it and it was reported that there were a huge number of cases in regard to child exploitation in U.P especially in the carpet industry, children were kidnapped from Bihar and were employed to this Industry in U.P. It was reported that this industry used to employ minors, that is children below 14 years of age and it was also stated that they used to get physically abused.
Hereby, the Court gave its judgement stating significance of safeguarding children’s rights which clearly in future impact the development of India. Court has also realised during this case that immediate abolition of child labour is a difficult task as this is one such factor in regard to economic necessity. Hence, the court decided to take realistic and practical steps to safeguard child rights in poverty stricken India.
In this case, the Court referred various Fundamental Rights such as Art 21 , Art 39(e), Art 39(f) and Art 45, the Court in addition stated that it’s India’s obligation under UDHR and convention of human rights of child to protect and promote rights of all the children in the country.
In the Judgement the court also referred the case of MC MEHTA VS STATE OF TAMIL NADU & ORS [(1996)6 SC (756)] as earlier measures in respect to abolish child labour was given. In this order it also included the measures, procedure to formulate policies and effective ways to abolish employment of minors under 14, it was also added that all the children should be provided education, periodic health check ups and needs to be made sure that all children receive rich nutritious foods.
- NEERAJ CHAUDHARY V. STATE OF MADHYA PRADESH, 1984 3 SCC 243
This is a case where there were around 135 laborers who were working on stone quarries in Faridabad and have been released from the bondage under 1976 act on release day they were brought back to Bilaspur district, MP with rehabilitation assurances by CM. Later when the petitioner visited the villages of bonded labourers they got to know that facilities that should’ve been provided by the Madhya Pradesh state government were not provided which was once promised by the state government. Later this case was taken up in the Supreme Court and in this case a letter was treated as a writ petition and the state government was directed that they should take steps to improve the conditions of these rehabilitated bonded laborers. Principles of the law laid down was rehabilitation and release of bonded labor is not enough they must also be rehabilitated so identification or release is not sufficient, they must be rehabilitated as well. The government and it’s administrative officers alone cannot discover the existence of bonded labor and the assistance of social parties is required as well.
3. GUIDELINES FOR INTER COUNTRY ADOPTIONS LAID DOWN TO CHECK TRAFFICKING THROUGH ADOPTION RACKETS
● LAKSHMI KANT PANDEY VS UOI, 1984 AIR 469
While upholding inter-country adoption, the Supreme Court has noted that the primary object of adoption is the welfare of the child. This means that the child should not be neglected or abandoned while the parents are abroad.
4. CASE LAWS OF STATUTORY PROVISIONS ON BONDED LABOUR
●BALRAM V. STATE OF MADHYA PRADESH, WRIT PETITION NO. 5303 OF 2015
“In this case the Hon’ble Supreme Court directed the Central Government to enforce the provisions of the Bonded Labour System (Abolition) Act, 1976.”
The major guidelines which were directed were as: –
1) All the funds or stipulated amount for those free bonded labours should be maintained.
2) Government should appoint a designated authority of people or should direct the collector to make sure that the stipulated amount of funds are reaching to them i.e. beneficiary (free bonded labourers).
3)They should also make sure that a separate and individual bank account should be opened in their name i.e on beneficiary’s name.
Comparison of Indian framework and other countries regarding human trafficking and forced labour.
“[Human trafficking] thrives in situations where the rule of law is weak and people lack opportunities. Humanitarian crises and conflicts create an environment in which traffickers easily prey upon the vulnerable.”
“INDIA’s measures and interventions:
- India has become part of various accord like Combating Trafficking in Women and SAARC Convention on Preventing and Children for Prostitution as well as United Nations Convention on Transnational Organised Crime (UNCTOC).
- Established in 2006, by MHA, the Anti-Trafficking Nodal Cell, focal point of communication to prevent human trafficking.
- The Immoral Traffic (Prevention) Act, 1956 (ITPA) “which is the premier legislation for prevention of trafficking for commercial sexual exploitation” got enacted.
- POCSO (Protection of Children from Sexual Offences Act, 2012) for the children was enacted.
- Funds for rehabilitation and other issues of the victims of human trafficking are provided by the government.
- An MOU was signed.
- Child labour (Prohibition and Regulation) act, 1986 came into force.
- Transplantation of Human Organs Act, 1994.
- State government also enacted some legislation as (The Punjab Prevention of Human Smuggling Act, 2012)
- The Constitutions provision for human trafficking and forced labour, are stated as Article 19(1)(c), 23, 24 and other DPSP (Directive Principles of State Policy), cannot be enforced in the court of law, but it provides a guideline to the legislature for making labor laws in India.”
UPCOMING LABOUR LEGISLATION IN INDIA
In year 2020, the Indian Parliament combined 25 labour laws into three codes, i.e.,
- the Social Security Code,
- the Code on Industrial Relations and
- the Code on Occupational Safety, Health and Working Conditions.
The Code on Wages, enacted in 2019, also amalgamated four relevant labour laws. The Four new Labour Codes were supposed to be effective from 01 April 2021 however considering the rise in COVID cases and the potential impact of the new Codes on per employee costs for enterprises, the Government has delayed implementation of new Codes to a future date.
All over the world, Human trafficking and Forced labour has tremendous no. of cases, and to conclude all in this article’s sub topic is very challenging , so it will be topic for another article. Here, it’s just an overview of some selected countries, for a rough idea of their status on the international level.
| TIER 1 | TIER 2 | TIER 2 WATCHLIST | TIER 3 | SPECIAL CASE |
| USAUKSINGAPORESOUTH KOREAAUSTRALIACANADABAHRAIN | INDIAIRAQITALYMEXICOZIMBABWESOUTH AFRICA | MALAYSIAZAMBIAUZBEKISTANPAKISTANUGANDAVIETNAMCAMBODIA | AFGHANISTANBURMACHINACUBANORTH KOREARUSSIASYRIAIRAN | LIBYASOMALIAYEMEN |
The government’s effort to combat trafficking and its efforts compared with the preceding year. (Measured against the TVPA minimum standard)
Where Tier 1 for countries which fully meet the TVPA’s minimum standards.
Tier 2 for countries which do not fully meet the standard but are putting efforts to meet the significance point.
Tier 2 Watch List for countries which do not fully meet the standard but are putting efforts to meet the significance point. And their number of victims are increasing.
Tier 3 for countries which are not up to the standard and also not taking much initiative to overcome.
Now, some of the other countries provisions are given below-
- BAHRAIN
“According to one U.S. report, Although Bahrain has developed a national plan of action and created an inter-ministerial task force on trafficking, these efforts were not accompanied by concrete actions to address the substantial trafficking problem it faces”.
“According to reports, India and Bahrain have signed a bilateral pact to combat human trafficking and assist victims. It will work to ensure that traffickers are investigated and prosecuted as quickly as possible in either nation. Measures will also be made to prevent human trafficking, and victims will be repatriated as soon as possible.”
- CHINA
China is also regarded as one of worst countries in world when it comes to issue of people trafficking. The Chinese government is also attempting to address this issue.
The strategy focuses on:
- “Strengthening the relief and rehabilitation of rescued women and children by increasing the number of women and children who receive training, aid, and medical treatment, for example, by adding “institutions for relief service, transfer, and rehabilitation as well as training” to agencies and training personnel at these institutions, encouraging companies, groups, and individuals to provide financial and other resources, and encouraging companies, groups, and individuals to provide financial and other resources.”
- “Increasing international collaboration among police, UN agencies, and other international institutions, as well as border control, entry-exit certificate inspection, and cracking down on illicit operations that transcend national borders.”
INTERNATIONAL/EU LEGAL & POLICY FRAMEWORK
Various measures have been undertaken in past, both globally and inside EU, to combat human trafficking, particularly for purposes of forced labor.
o “The UN adopted a Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children (Palermo Protocol), supplementing UN Convention against Transnational Organised Crime, which is overseen by UNODC.
o The OSCE adopted an Action Plan to Combat Trafficking in Human Beings, which intends to provide participating states with a comprehensive toolkit to help them implement their commitments to combat human trafficking.
o Among other efforts, Council of Europe adopted Convention on Action against Trafficking in Human Beings.
o in recent years, the International Labour Organization (ILO) has recognised that human trafficking is a form of forced labor and has undertaken trafficking-related operations. These include application of ILO agreements, national anti-trafficking laws, and anti-trafficking initiatives for forced labor.”
The key weapons at international level to address this scourge are ILO regulations on forced labor, along with well-targeted technical support.
At ILO International Labour Conference (ILC) governments, employers, and workers agreed to give worldwide battle against forced labor, including human trafficking and slavery-like practices, a fresh push.
India has given formal consent to 6 of ILO’s 8 core conventions which incorporate
· “Forced Labour Convention, 1930,
· Equal Remuneration Convention, 1951,
· Abolition of Forced Labour Convention, 1957,
· Discrimination (Employment and Occupation) Convention, 1958,
· Minimum Age Convention, 1973,
· Worst Forms of Child Labour Convention, 1999.”
Although, by ratifying these agreements, India is legally bound to uphold them in both national and international arenas.
Now after studying some of the other countries’ provisions, the question arises, is our country working better than others?
So, the answer is not completely that we are better but we can’t deny the fact that we are getting better. India has many provisions and reforms to control human trafficking and Forced labour, bonded labour, but we have still many cases under this. Which indicates we are lacking somewhere.
India remained in Tier 2, from the last 8 years.
- Recommendation, after analyzing India and some other countries:
- “Provide appropriate compensation to the victims and urge legal aid offices.
- Prepare a national action strategic plan to combat trafficking.
- Dispute settlement should not be delayed.
- Awareness among society about there human rights and about the uncertainity of human trafficking.
- Train officials and develop technology for tracking the human trafficking”.
For an accurate no. of the victims, it always seems impossible to state a number. It says that it’s hard to see and harder to count. Although, for an overview we can refer to the NCRB report.
“The National Crime and Records Bureau (NCRB) issued in 2018, the government reported 1,830 trafficking cases under the IPC, a continued decrease from 2,854 cases trafficking cases reported in 2017 and 5,217 cases in 2016. Five states and territories that did not report any trafficking cases in either are–Nagaland, Andaman & Nicobar Islands, Chandigarh, Dadra & Nagar Haveli, and Lakshadweep.”
Despite all these several provisions against human trafficking, there is no one comprehensive and complete law.
On international level, India is in treaties with many International organizations. And in comparison to other countries, India have the basic human rights and provisions for labour organization, which countries like Russia and China are lacking behind for the basic rights and to control the human trafficking and forced labour. And also India has to develop to reach the Tier 1 standard, like USA, UK, Bahrain and many others.
OVERVIEW
“Laziness is the biggest enemy of a person, hard work of a person is his true friend. Because whenever a man works hard, he is not sad and is always happy.”
But in reality is this true? Is a person who really works hard always happy? As we read about the problems related to labours in our article, overall we came to know that there are many reasons of human trafficking or forced labor in our country like it happens because of unemployment, lack of education, poverty , mass displacement, violence, inequality, harmful social norms, an ingrained legacy of caste-based discrimination, etc. We also discussed that technology plays an important role in human trafficking and forced labour. With the help of the internet and technology, traffickers can use different tools to control victims. There are various resources available on the internet like adult websites, social media platforms, chatrooms, advertisement sites etc which enable smugglers to interact with the victims.
We have also discussed the situation of these problems in COVID-19. In the last year of 2020 as most parts of India people didn’t get any support or any essential goods due to lockdown, the migrant workers were outside of social security. This situation makes them the easiest target or victims for human trafficking. In the pandemic all the work was stopped because of the lockdown. They are unable to buy food for themselves. They take debt and then they are forced to work because of social distancing means there is no work for laborers and no work means zero salary so they were in debt and as we know debt is one of the reasons for forced labour.
In this article we also mentioned some case laws related to these problems where many judgments and acts are amended in favour of labourers. We have also done the comparison with the international laws where we get to know that as compared to other countries many reforms and acts have been amended in our country for the betterment of laborers.
“ Genius begins great works; labour alone finishes them.”
– Joseph Joubert
The house we live in, the school we go to study, the office we work in, but who made these? Yes, workers, those workers who do not have a house to live for themselves, but they build the houses of others. Those workers whose children are forced to do child labor, they build schools for the children of others. Those who do not even get enough food, they build 5 star hotels. Maybe those laborers are also human beings or maybe we are too. Here we have used the word “maybe” because if we are really humans, then they don’t need to compromise, we don’t force them to work, don’t exploit them, don’t smuggle them, We do not harm them. The number of cases of human trafficking and forced is not increasing if we are really human beings or if we really treat them as human beings.
But as we heard “Where there’s a will there’s a way”…So, if there is a will to stop human trafficking and forced labour , if there is a will to helping the labours there is always a way for it and those ways are legal provisions of India related to LABOUR mentioned in our Indian Constitution, LABOUR LAWS etc.
Article 23(1) of Indian Constitution prohibits human trafficking, The Immoral Traffic (Prevention) Act, 1956 (ITPA) prevents trafficking for commercial sexual exploitation, Bonded Labour System (Abolition) Act, 1976, Child Labour (Prohibition and Regulation) Act, 1986 and there are many other legislations enacted by the state government to deal with these issues.
By using technology we can also reduce the number of forced labour and human trafficking through Blockchain Technology, Artificial Intelligence (AI) Technology, Contextual Intelligence etc.
As we do the comparison with international countries, according to the rest of the countries, many acts and reforms have been done in our country for the welfare of laborers. A worker reskilling fund has been created. Now, there is also a provision for fixed term workers and also for social security. There are 29 labour laws consolidated into 4 codes by our labour law ministry. The aim of these codes is to provide equal remuneration, bonus payment, and also regulate wages. Because forced labour and human trafficking is not only the violation of fundamental rights but also the cause of poverty or a hindrance to our economic development. Till now, the situation has not improved as per the expectations.
Last but not the least we are giving the glimpse of our article through a self made poem whose first word of each line together forms the word LABOUR.
Lots of hard work with no facility
All gives them respect but not in reality
Bonded labour is pernicious need to be uprooted
Occluded smugglers are unforgivable, problem should be mooted
Unskilled, inexperienced, and treated like inhuman
Right to live with dignity is the right of everyone
AUTHORS:
- Priyanshi Kiraula
- Shivani Paliwal
- Shreya Singh
- Sneha. J
- Sonal Bhardwaj
- Swati Chhabra
(BBA.LLB-III Year, VI Semester)
BANASTHALI VIDYAPITH
Informative and awaring