Government Rescues 15 From Bonded Labour; NASC Pushes For Release Certificates

The rescued bonded labourers are provided food by the Taluk office in Erode District, Tamil Nadu

In January 2016, NASC visited various worksites in Erode district, covering over 90 different brick-kiln units and helped the government identify around 12 brick-kilns with bonded labourers.

15 of these labourers are inter-district migrant bonded labourers who lost their livelihoods due to the Tsunami that hit Tamil Nadu in 2004. They were then recruited by an agent who transported them across districts to work as bonded labourers in brick kilns.

Soon after the Tsunami, these labourers obtained a loan of Rs.20,000. That amount has now matured to an advance of around Rs.1 Lakh per family. These families were denied minimum wages and were only paid around Rs.200 a week, despite being made to work for 6 days a week. They were also denied their constitutional freedoms of employment and movement. The labourers recounted to NASC how they were prohibited from leaving the facility unless they left a family member behind as ‘Jameen’ (a slave / wager) until they returned. Moreover, children were not allowed to attend school and were subjected to physical and verbal abuse. Additionally, NASC also observed evidence of violence against the bonded labourers, who were often considered and treated as untouchables by the factory owner.

In NASC’s legal opinion, the owner of this brick kiln can be found in violation of laws such as the Bonded Labour System Abolition Act 1976, Child Labour (Prohibition & Regulation) Act 1986, Scheduled Castes & Scheduled Tribes Prevention of Atrocities Act 1989, Indian Penal Code (IPC) Sec.370, Right to Education 2009 and others. Evidence of the same has been thoroughly documented by us.

The District Magistrate initiated the release and rescue process in early February. The Sub Divisional Magistrate was very cooperative and supportive and started the enquiry process. He brought the 15 identified bonded labours to the Taluk office and provided food, accommodation and protection. By then, this story had also received significant coverage by local media. The Sub-Collector (SDM) along with his team Tahsildar, Revenue Inspector, Village Administrative Officers, proceeded to conduct a detailed enquiry. It was discovered that none of these brick-kilns followed any procedures as stipulated by the National Human Rights Commission (NHRC), i.e. little to no workers records, registration records, wage payment, etc.

The SDM and Tahsildar started giving food, protection, accommodation to the rescued bonded labourers and information was given to the District Social Welfare Department, Child Labour Eradication Department and Police department. While the SDM was very supportive in providing as much rehab support possible, he was unable to grant release certificates.

While we at NASC are grateful to the SDM and the local government for their support with the short term rehab needs of the rescued survivors, it is imperative to have more long-term rehab solutions in place. For this, it is vital for the rescued survivors of bonded labour to be granted their release certificates. While NASC is currently working on the legal and rehab elements of this case, we’re hopeful that the Erode district local government grants the release certificates to these survivors who have just been rescued from a harrowing decade of captivity in bonded labour.

*This Bandhua story was contributed by the National Adivasi Solidarity Council (NASC)

The New Indian Express: Kids in Bonded Labour on Rose Farms

*This picture is for representational purposes only

The following is an excerpt from an article that appeared on Valentine’s Day in The New Indian Express last year:

BENGALURU: Ask 14-year-old Prakash about red roses and he will tell you about the thorns that cut his skin.

As a bonded labourer at a rose farm in Anekal, he will tell you that hard labour took away at least three years of his childhood.

Prakash was rescued a year ago by the International Justice Mission (IJM), an organisation that works towards rescuing and rehabilitating bonded labourers.

The price of his childhood? Rs 20,000.

The amount was paid to his elder brother for his marriage in exchange for Prakash, who would tend to plants, cut roses, pack them and load them onto trucks.

The flowers were then brought to Bengaluru, where long-stemmed roses are being sold, for Valentine’s Day, at between Rs 15-25 each.

Hidden Cost: rakash is not the only one, say activists. Three other children were rescued along with him from the same rose farm. They have been sent back home to their village near Hosur.

While Bengaluru’s image as the biggest rose-exporting city grows across the world, children pay a hidden price, say activists, who estimate more than 1,000 bonded labourers are at work around here.

In most cases, children as young as eight are trapped in the system when their parents or guardians borrow money from farm owners.

The children are promised easy work, an education and a better life. It is only when they begin working that they realise the horrors of farm labour.

But by then, it is too late. A few kilometres from Denkanikottai, deep into the Hosur forest, are small villages of tribals, from where many victims of bonded labour emerge.

Their survival often depends on collecting bamboo for baskets and growing a little ragi.

Abusive Owners: After attempts at escaping, children are often sent back by their guardians or captured by the owners.

“They beat us, abuse us and what little freedom we had is suddenly taken away,” said Sukumaran, now 16.

He was sold to a nursery for Rs 20,000 with his younger brother, now 15. “There was a marriage in the family and we needed money. After about a year, we ran away from the farm with some other children. We had no money and so walked about 50 km to Denkanikottai. But when we reached there, the owner was waiting for us,” he told Express.

Although they expected their parents to come to their rescue, with a Rs 40,000 burden of debt on their shoulders, the children were only shouted at and sent back with the owner.

“After that, we were beaten even for a small mistake. The room we slept in was always locked and there was always someone watching us,” Sukumaran said.

A few months later, their cousin Das, then nine, joined them. Although he was told it was a job for the summer holidays, he was not sent back. “We knew what had happened to children who tried to run away. That’s why we did not try escaping,” he said.

Luckily for Das, about three months into bonded labour, he was rescued.

“Children are easier to control and bully, and can be threatened to work against their will. They are paid less than adults. And in farms, their nimble hands and small bodies are an advantage when walking through narrow rows of rose bushes. They complain less and eat less,” said an IJM activist.

“The families of those trapped are poor, and often come from SC/ST or OBC backgrounds. Many are tribals, easy to manipulate and fool, especially, when they are in desperate need,” said Kiran Kamal Prasad, coordinator with Jeevika, another not-for-profit organisation.

Children are pledged when a family has to perform a wedding or deal with a health problem.

The first time Prakash was sold to a nursery owner, when he was nine, his grandmother needed an eye operation. The second time, it was his brother’s wedding.”

Government Collaboration Leads To Multi-State Bonded Labour Rescues

In a remarkable collaboration between government officials of three states namely, Jharkhand, Karnataka and Tamil Nadu, a total of 155 labourers were rescued from bondage. On May 28^th 2015, IJM got a call from a Police Sub-Inspector who had information on several bonded labourers being held at an incense factory on the outskirts of Bengaluru. This Sub-Inspector, who had been recently trained by IJM on bonded labour response procedures, and the local revenue official called to request further technical assistance with coordinating rescue and rehabilitation efforts. It was reported that a number of the captive labourers were from the state of Jharkhand.

Meanwhile in Jharkhand, the SP of the Khunti District Police received information of several labourers from his district being trafficked and held at an incense factory on the outskirts of Bengaluru.  The Deputy Commissioner of Khunti District contacted his counterpart in Bengaluru, and a joint operation by officials from Jharkhand and Karnataka eventually resulted in the rescue of 107 bonded labourers from Balaji Incense Factory in south Bengaluru. The Khunti District Anti-Human Trafficking Unit (AHTU) played an instrumental role in coordinating this rescue.

The rescued group included 43 from West Bengal, 40 from Assam, 22 from Jharkhand and 2 from Nepal. According to Police officials, this case involved a network of multiple agents and can hence be classified as a “clear case of trafficking with inter-State ramifications.” These labourers were lured to Karnataka in several batches with promises of higher wages and a better future. These promises turned out to be false; the labourers received absolutely no pay and all 107 of them were forced to sleep in one long room in cramped conditions, where they shared a single toilet. “We suffered here worse than convicts in jail,” a 21-year-old labourer from Assam said. “When I arrived here the owner took away my phone and wallet. He kept telling us that he will pay us before we return to Assam. But when I told him I want to leave he beat me up and threatened me. I have not stepped out or been in touch with my family since I came here. I have been waiting to somehow escape but there was no way.” Esther Daniel, IJM Director of System Reform told NDTV, “There are about three or four child labourers. Some have worked for about three months and many of them have worked for around two years and their work condition is so bad that they have not even been paid anything.” The rescued labourers were granted Release Certificates and then sent back to their respective villages and hometowns. Additionally, the owner of the factory and three supervisors have been arrested for human trafficking and bonded labour and have been remanded to judicial custody.

But that is not where this story ends. This rescue in Karnataka led to a subsequent operation when two of the rescued labourers told local authorities about their brothers who were being held in another incense factory in Tamil Nadu. In fact, many of the rescued labourers in Karnataka were trafficked back and forth between these facilities from time to time at the will of the traffickers and owners. The Tamil Nadu government and police rescued 48 bonded labourers and arrested two human traffickers and charged them with the same offences as their Bangalore counterparts before remanding them to judicial custody. Moreover, Khunti district Police has also filed an FIR against the recruiter responsible for trafficking the Jharkhand labourers.

Needless to say, neither of these rescues would have been possible if it were not for the collaborative and coordinated efforts of multiple state governments and law enforcement officials.

IJM Engages with Media on Bonded Labour, Migration

A Media Roundtable organised by International Justice Mission (IJM) in May 2015 helped strengthen ties with journalists who cover the issue of bonded labour. It was also a great start to a conversation with media persons on the issue. While experts shared their thoughts on bonded labour and migration, the journalists talked from their experience in covering the issue, making special reference to bonded labour in silica mines in Rajasthan and to Bedia women who are forced into commercial sex work.

The closed door discussion between a few journalists and civil society on the topic “Inclusive Development: A Conversation on Migrant and Bonded Labour” took place in New Delhi on May 9, 2015. The small gathering was attended by two media persons from IANS and Tehelka and experts –Umi Daniel (Aide-et-Action) and Shantanu Dutta (International Justice Mission). Vipul Mudgal (Common Cause/Inclusive Media for Change) moderated the discussion.

Mr. Mudgal started the conversation by talking about the issue of distress migration for labour being bigger than immediately gauged, and stated that there were no proper numbers available. He said that mass distress migration for labour, that is changing the rural nightmare of displacement, labour, malnutrition, poverty, abuse and bonded labour into an urban nightmare, stems from the agrarian crisis. In his work, he has found a deep connection between the two as there is a direct continuum of the issues.

Talking about migrant labour issues in Odisha, Mr. Daniel made reference to the December 2013 case of two migrant workers Dayalu and Nilambar whose hands were chopped off by their traffickers. He said that the number of internal migrant labourers was roughly put at 31 crore, but stressed that there is a need to get more accurate information. He said he was concerned that district-level officials are not adequately trained or made aware about bonded labour, leading to their apathy and inability to do something concrete.

Dr. Dutta said that people should be allowed to migrate to seek out better opportunities of livelihood, but not at the cost of being abused or ending up in bonded labour. He said that while the Bonded Labour System (Abolition) Act, 1976, is weak in many areas, what makes it weaker is that it is not being implemented as it should be. He spoke about perpetrator accountability being one of the important aspects of what is done at IJM. “We need everyone’s consolidated support to bring this aspect to light. This will enable us to speak up for these laws to be enforced and implemented so that migration for labour purposes can happen in a controlled and non- exploitative manner,” he said.

IJM hopes to continue engaging with these journalists who have a heart to cover the issue on the field.

Trafficking Gets The Limelight At Mother Teresa Awards

International Justice Mission partnered with Harmony Foundation to organise the Mother Teresa Memorial International Award for Social Justice on 9 November 2014 in Mumbai, focusing on the issue of labour and sex trafficking.

MLA & BJP Mumbai President Ashish Shelar (right), producer and director Mahesh Bhatt (centre) and social activist and philanthropist Tushar Gandhi at the ceremony in Mumbai on 9 November 2014.

The awards were attended by around 500 influencers, from the Bollywood, political and civil society circles in Mumbai. It also hosted a panel discussion on the issue of human trafficking with panellists: Producer of Udaan Mahesh Bhatt, Philanthropist Tushar Gandhi, Founder of Maiti Nepal Anuradha Koirala, Director National Intervention at IJM Anu George, PS Women and Child Shri Uke and DIG Anti-Corruption Praveen Dixit.

Packaged with two powerful stories on trafficking, the discussion caught the attention of the audience, not just in the hall but via live-tweeting on Twitter as well. Mahesh Bhatt talked about how denial and lack of awareness continue to be the main hurdle in the issue of bonded labour. He spoke of the need for each stakeholder to play their role. Tushar Gandhi added to that conversation by narrating his own experience on the issue.

Uke and Dixit focused on their experiences in championing with the government to raise awareness and the capacity of departments on the issue. The need to focus on gender disparity in the crime of trafficking was brought out by Anuradha Koirala. Anu George focused on the crime of violence that affects the poor and strengthened her case by emphasising that unless the public justice system functions for the poor, all other solutions will not have a foundation to function.

Panel discussion on human trafficking

Harmony Foundation honoured ten awardees, five of whom were for their work on the issue of trafficking.

Founder of Maiti Nepal Anuradha Koirala greets the crowd on being announced as the international awardee in recognition for being a crusader against the sexual exploitation of the girl child

Anuradha Koirala receives the award

Anuradha Koirala is given the scroll of recognition by a sister from the Missionaries of Charity

Dr. Prakash Amte is awarded in recognition for his selfless work for the welfare of tribals

Dr. Sunitha Krishnan is awarded in recognition for her effots in restoring the dignity of sexual abuse victims

Ujjwal Uke is awarded in recognition for initiating reforms for protection of child sex abuse victims

Dr. Sangthankima is awarded in recognition for his efforts in the rehabilitation of alcoholics and destitutes

Dr. Lakshmidhar Mishra is awarded in recognition for championing policy change to fight child and bonded labour

The TV series Udaan is awarded in recognition for highlighting the plight of children trapped in bonded labour

Medha Patkar is awarded in recognition for championing social and economic justice

Dr. Vandana Shiva is awarded in recognition for his efforts in environmental conservation and empowerment of farmers

Rifat Abdullah is awarded in recognition for exemplary bravery displayed in the face of disaster

 

Release of Bonded Labourers in Namakkal (An NASC Report)

During 16-17 November 2014, about 43 bonded labourers were released from poultry farms (chicken breeding farms) situated in Aniyar & Vangil villages, Mohanoor Block, Namakkal District. Out of these released bonded labourers, 39 were women. They were transported to the native place for rehabilitation by the district government. (Following that, the district administration is also taking several steps to monitor all work sites and listing socio-economic conditions of the labourers. Officers such as SDM and labour inspectors are making continuous inspection of various work sites. Another special training was conducted on 18 November 2014 for 120 owners (creditors) by the district collector on the importance and value of the Bonded Labour System (Abolition) Act, 1976.

These people were working as labourers for Rs.130 per day as wages but unfortunately these wages didn’t reach them but were handed over to “agents”. The workers were only provided food and accommodation. These workers did not have the right to move out of the compound and their freedom were restricted. Based on these issues, the 43 bonded labourers were released and provided Rs. 1,000 immediately by the district magistrate. Four leading newspapers covered the story and Mr. C. Mani coordinated and communicated the matter to the NASC office. Cases were filed against 4 owners of poultry farms and government officers took serious action against the bondage system in the district.

These people were from Chhattisgarh and they were all transported back to their native place with the support of district government officers.

Changes in Government System

Post this rescue, owners of all poultry farms gathered together and met the district collector and explained that they do not know about the BLSA Act and because of that the district collector and RDOs called for a meeting with the owners of all the poultry farms. The invitation was sent to all owners through a newspaper advertisement. The meeting talked about the conditions of workers and gave detailed training about the Minimum Wages Act, Bonded Labour System (Abolition) Act and the Inter-state Migrants Act and on human rights.

The meeting was attended by the DM, SDM, Labour Inspector, ADTW and other officers as well as 120 owners. The collector asked the owners to follow the laws and rules and provide good wages, safety, and protection to their workers. The government is also collecting information about the number of workers, their wages, conditions and other aspects. Also the DM asked owners to ensure that all workers have a bank account and are paid all their wages there. The DM also instructed the labour inspector to ensure that all labourers are members of the Unorganised Workers Welfare Board.

Written by Mani, posted by the Bandhua 1947 Campaign on behalf of National Adivasi Solitary Council (NASC).

ASC in May 2014

 

 

Posted on behalf of Adivasi Solidarity Council, a member of the Bandhua 1947 Campaign.

Taluk-level Trainings For Government Officials On Conducting Surveys On Bonded Labour – A Jeevika Report

6 May 2014: The Taluk level training on conducting survey on bonded labour to Govt. Officials in Raybhag (Chikkodi Subdivision) of Belgaum District. Inaugurated by Tahsildar Sri. Shivanand. P. Sagar. Nearly 90 govt officials present in the training.

7 May 2014: The Taluk level training on conducting survey on bonded labour to Govt. Officials in Athani (Chikkodi Subdivision) of Belgaum District. Inaugurated by Tahsildar – Aparna Pavate. Nearly 75 govt officials present in the training.

29 May 2014 (11 am to 2 pm): The training on conducting survey on bonded labour to Govt. Officials in Hubli Dharwad Mahanagara Palike (corporation) of Dharwad District. Inaugurated by Mahanagara palike Special Officer – S.H. Naregal. Nearly 80 govt officials present in the training.

29 May 2014 (2.30 pm to 6 pm): The training on conducting survey on bonded labour to Govt. Officials in Hubli Taluk. Inaugurated by Tahasildar Sri M.S. Nayak. Nearly 150 govt officials present in the training.

30 May 2014: The training on conducting survey on bonded labour to Govt. Officials in Dharwad Taluk. Inaugurated by Tahasildar Sri R.V. Katti. Nearly 120 govt officials present in the training.

Posted on behalf of Jeevika, a member of the Bandhua 1947 Campaign.

Dharwad District-level Training to Government Officials on Conducting Surveys on Bonded Labour

On 24 May 2014, a District level training on bonded labour to the government officers was organised by the Dharwad District Administration and Zilla Panchayat in Alur Venkatrao Sabha Bhavan, Dharwad at 11.00 a.m.  Jeevika State Coordinator Mr Kiran Kamal Prasad conducted the training together with the Jeevika teams of Bailhongal taluk and Chikkodi sub division of Belagum district. The Additional Deputy Commissioner, Mr. K. Srinivas, representing the Deputy Commissioner, and the Project Director of the Zilla Panchayat, Mr. M.J. Kulkarni, representing the Chief Executive Officer, Zilla Panchayat, took part in the inaugural session.

Mr. K. Srinivas inaugurated the training and spoke that due to some reasons the training was delayed by two years. He said that he was aware of the seriousness of the issue of bonded labour. The workshop was organised, he told the participants,  to motivate and equip the staff and officials to work efficiently to eradicate the bonded labour system completely in the District.  He also informed that similar trainings were organised in all the taluks and the Mahanagarapalike of the District from the 29^th May till the 3^rd June 2014. After the trainings, the surveys on bonded labour were expected to be completed within 15days, i.e. from the 5^th till the 20^th of June. Finally he promised that the district administration would take necessary steps for rehabilitating any instance of bonded labour in the district.

As part of the inaugural session Kiran Kamal Prasad stressed the relevance still of the Bonded Labour Act, its main thrust and unique features.  He also elaborated on the implementation of the Act in the state and briefly explained the methodology for Identification of bonded labour and the importance of rehabilitating the identified bonded Labourers. He revealed that since from 1976, only 64,000 bonded labourers were released and rehabilitated in the State; and out of that hardly one and half a thousand were from the northern districts of the state which contains almost half the geographical area within the state.  He lamented that Dharwad district including the present districts of Haveri and Gadag had not identified, released and rehabilitated a single case of bonded labour since 1976 till date.  He also pointed out that the ground reality was otherwise as revealed in a few recent events of atrocities on dalits in the district revolving around bonded labour, like that of August 2011 incident Nayakanur village in Navalgund taluk and February 2014 incident in the same taluk.

He further identified some of the unique steps taken by the Karnataka Government in eradicating bonded labour like the Karnataka Government Action Plan on Bonded Labour 2008, the GO to conduct a resurvey on bonded labour in all the 30 districts, the state scheme of providing support of Rs. 300 per month for 24 months from the time of release, the recommendation to the Central Government to enhance the rehabilitation grant to Rs. one lakh, the formation of task forces at taluk and gram panchayat levels to carry out surveys, formulating an elaborate process to conduct surveys indicating in the drawing up of nine schedules with questionnaires to conduct survey and so on.   He also highlighted the specific and unique arrangements in Karnataka to tackle bonded labour, i.e., the monitoring of the Act by the rural Development and Panchayat Raj, the handing over of the responsibility to rehabilitate bonded labourers to the CEO of ZP, the amendment of the Karnataka Panchayat Raj Act, 1993 in Section 58A mandating a Gram Panchayat to report on bonded labour to the Deputy Commissioner.

After the inaugural session, the training went on from 12 noon till 3 pm with different sessions on overview of the Bonded Labour Act, the definition on bonded labour system in the Act, wrong interpretations of the definition of bonded labour prevalent among the general public and the officials, S.R. Sankaran’s Guidelines on identification of bonded labour, the Recommendations of the 1994 Central Committee on Bonded Labour and the nine Schedules and Questionnaires circulated by the Karnataka Government for conducting surveys on bonded labour. Before going into the nine Schedules, two Role Plays on faulty and correct ways of identification of bonded labour were acted out by the Jeevika teams of Bailahongal taluk and Chikkodi subdivision. These role plays and sessions were highly appreciated as indicated by the response in public at the end of one Executive Officer of a Taluk Panchayat.

The district level officials, Tahsildars, EOs, Labour Officers, Labour Inspectors Panchyat Raj Project Officers, Vigilance Committee members and activists, nearly 70 members, took part in the training.

Posted on behalf of Jeevika, a member of the Bandhua 1947 Campaign.

Child Labour