NHRC Chairperson calls bonded and child labour, as a betrayal of constitutional culture.
New Delhi June 28, 2007
The NHRC Chairperson Justice Shri S. Rajendra Babu has said that existence of bonded labour is a challenge to the civilization and a betrayal of constitutional culture. In his inaugural address at the National workshop on Bonded and Child Labour, in New Delhi yesterday, he said that bonded labour is a violation of human rights and contravention of international obligations. Calling it a stigma and a shame on national life, Justice Shri S. Rajendra Babu said we have assured equality of status and opportunity for the dignity of the individual in our Constitution yet much needs to be done.
He said by interpreting correctly the provisions of the Constitution we can change the fate of those bonded. He stressed there is a need to psychologically rehabilitate the bonded labour besides physical and economical rehabilitation so that they do not go back to the cycle of bonded labour again. The Chairperson referred to the denial of existence of bonded labour by the States and asked all those present at the workshop to carry out proper surveys in their respective States to ascertain the presence of bonded labour.
The day long deliberations dealt with a number of issues related to bonded and child labour. The participants at the workshop referred to conceptual and definitional clarity and said that the definition of bonded labour should be made simpler. Other issues which prominently came to the fore were identification, release and rehabilitation of bonded labourers. Addressing the gathering Mrs Suddha Pillai, Secretary, Ministry of Labour said that no country can progress if serfs exist. She said that no data on the freed bonded labour is available and how their rehabilitation has taken place is still a question. She referred to some of the States where district authorities have maintained that a number of bonded labourers has come down. She called upon State officials to initiate projects so as to converge development schemes for the benefit of bonded labourers. Mrs Pillai said that prosecution is an essential tool to do away with this problem. She said that Panchayati Raj institution can play an active role in identifying bonded labour. She asked State authorities to organize workshops on bonded labour at district levels to sensitize the people.
The participants at the workshop said that there is a need for a Nodal Agency, which could release funds for the rehabilitation of freed bonded labour. They also stressed that the Panchayats should be made responsible for rehabilitation and the District Magistrates should be involved. They also said that specific provisions should be made for the traffickers or the labour suppliers who basically uproot the labourers from their native place.
In one of the technical sessions Dr. Justice Shri K. Ramaswamy, former Member, NHRC highlighted the judgments of the Supreme Court, which can act as a guide for any future course of action. Referring to a trend to dispatch migrant workers to the state of origin after the work finishes he said such labourers are neither rehabilitated at their state of origin nor at the destination point.
During the session on special problems of Child Bonded Labourers Shri. K.B. Sexena highlighted that benefits of economic development will not be enjoyed unless child labour is abolished. He stressed the need to work out a strategy to abolish child labour on priority. He said there is a need to bridge the gap between the time lost by a child while being a child labour and when he joins the school after being freed. He called for special projects in vulnerable areas, special schools for child labourers besides health and nutritional facilities. He said that a child, who cannot take decision, lacks bargaining power and cannot retaliate, often goes unnoticed in the State of his/her origin. Shri Saxena highlighted that in case of child labourers there is no compensation in the event of disability or death. He said what is required is an attitudinal change and vocational training to these children so that they can join the national mainstream.
Shri Chaman Lal, former Special Repporteur chaired the session on Adequacy and Effectiveness of Administrative mechanism said that norms for the constitution of Vigilance Committees have been provided in Section 13 and 14 of Bonded Labour System Abolition Act. He, however, said these Vigilance Committees are not effective. He said that Labour Ministry should monitor all the cases of bonded labour and also performance of Vigilance Committees. He said prosecution is an effective part, which can play a role in eradicating this menace. He called for effective surveys to identify bonded labour. Shri Chaman Lal said that migration of labourers can be checked by giving licenses to those who supply the labour force. He called upon all the NGOs and social action groups to help in identifying bonded labour so that appropriate steps can be taken to rehabilitate them.
In his valedictory address, Shri Y. Bhaskar Rao, Member NHRC enumerated various provisions of the Constitution and said what is required is a will to implement these provisions in letter and spirit so that the country can get rid of bonded and child labour.
The theme of the workshop was introduced by Dr. L. Mishra, Special Rapporteur, NHRC. Representatives from the Ministry of Labour and Employment gave a presentation. Representatives from the States of Andhra Pradesh, Assam, Bihar, Chattisgarh, Gujarat, Haryana, Jammu and Kashmir, Jharkhand, Karnataka, Kerala, Madhya Pradesh, Maharashtra, Manipur, Meghalaya, Mizoram, Orissa, Punjab, Rajasthan, Sikkim, Tamil Nadu, Tripura, Uttar Pradesh, Uttaranchal, West Bengal, Andaman and Nicobar Islands, Chandigarh besides those from Delhi took part in the workshop.
The NHRC Chairperson Justice Shri S. Rajendra Babu has said that existence of bonded labour is a challenge to the civilization and a betrayal of constitutional culture. In his inaugural address at the National workshop on Bonded and Child Labour, in New Delhi yesterday, he said that bonded labour is a violation of human rights and contravention of international obligations. Calling it a stigma and a shame on national life, Justice Shri S. Rajendra Babu said we have assured equality of status and opportunity for the dignity of the individual in our Constitution yet much needs to be done.
He said by interpreting correctly the provisions of the Constitution we can change the fate of those bonded. He stressed there is a need to psychologically rehabilitate the bonded labour besides physical and economical rehabilitation so that they do not go back to the cycle of bonded labour again. The Chairperson referred to the denial of existence of bonded labour by the States and asked all those present at the workshop to carry out proper surveys in their respective States to ascertain the presence of bonded labour.
The day long deliberations dealt with a number of issues related to bonded and child labour. The participants at the workshop referred to conceptual and definitional clarity and said that the definition of bonded labour should be made simpler. Other issues which prominently came to the fore were identification, release and rehabilitation of bonded labourers. Addressing the gathering Mrs Suddha Pillai, Secretary, Ministry of Labour said that no country can progress if serfs exist. She said that no data on the freed bonded labour is available and how their rehabilitation has taken place is still a question. She referred to some of the States where district authorities have maintained that a number of bonded labourers has come down. She called upon State officials to initiate projects so as to converge development schemes for the benefit of bonded labourers. Mrs Pillai said that prosecution is an essential tool to do away with this problem. She said that Panchayati Raj institution can play an active role in identifying bonded labour. She asked State authorities to organize workshops on bonded labour at district levels to sensitize the people.
The participants at the workshop said that there is a need for a Nodal Agency, which could release funds for the rehabilitation of freed bonded labour. They also stressed that the Panchayats should be made responsible for rehabilitation and the District Magistrates should be involved. They also said that specific provisions should be made for the traffickers or the labour suppliers who basically uproot the labourers from their native place.
In one of the technical sessions Dr. Justice Shri K. Ramaswamy, former Member, NHRC highlighted the judgments of the Supreme Court, which can act as a guide for any future course of action. Referring to a trend to dispatch migrant workers to the state of origin after the work finishes he said such labourers are neither rehabilitated at their state of origin nor at the destination point.
During the session on special problems of Child Bonded Labourers Shri. K.B. Sexena highlighted that benefits of economic development will not be enjoyed unless child labour is abolished. He stressed the need to work out a strategy to abolish child labour on priority. He said there is a need to bridge the gap between the time lost by a child while being a child labour and when he joins the school after being freed. He called for special projects in vulnerable areas, special schools for child labourers besides health and nutritional facilities. He said that a child, who cannot take decision, lacks bargaining power and cannot retaliate, often goes unnoticed in the State of his/her origin. Shri Saxena highlighted that in case of child labourers there is no compensation in the event of disability or death. He said what is required is an attitudinal change and vocational training to these children so that they can join the national mainstream.
Shri Chaman Lal, former Special Repporteur chaired the session on Adequacy and Effectiveness of Administrative mechanism said that norms for the constitution of Vigilance Committees have been provided in Section 13 and 14 of Bonded Labour System Abolition Act. He, however, said these Vigilance Committees are not effective. He said that Labour Ministry should monitor all the cases of bonded labour and also performance of Vigilance Committees. He said prosecution is an effective part, which can play a role in eradicating this menace. He called for effective surveys to identify bonded labour. Shri Chaman Lal said that migration of labourers can be checked by giving licenses to those who supply the labour force. He called upon all the NGOs and social action groups to help in identifying bonded labour so that appropriate steps can be taken to rehabilitate them.
In his valedictory address, Shri Y. Bhaskar Rao, Member NHRC enumerated various provisions of the Constitution and said what is required is a will to implement these provisions in letter and spirit so that the country can get rid of bonded and child labour.
The theme of the workshop was introduced by Dr. L. Mishra, Special Rapporteur, NHRC. Representatives from the Ministry of Labour and Employment gave a presentation. Representatives from the States of Andhra Pradesh, Assam, Bihar, Chattisgarh, Gujarat, Haryana, Jammu and Kashmir, Jharkhand, Karnataka, Kerala, Madhya Pradesh, Maharashtra, Manipur, Meghalaya, Mizoram, Orissa, Punjab, Rajasthan, Sikkim, Tamil Nadu, Tripura, Uttar Pradesh, Uttaranchal, West Bengal, Andaman and Nicobar Islands, Chandigarh besides those from Delhi took part in the workshop.