Tag Archives: IJM

‘Labour Exploitation & Slavery in India’: Panel Discussion

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On August 31, 2016, National Foundation for India hosted a panel discussion on ‘Labour Exploitation and Slavery in India: The Role of Media, Government, and Civil Society.’ Kishalay Bhattacharjee, former resident editor NDTV and executive director of Reachout Foundation, moderated the event. The hall in India Habitat Centre was filled with around 160 state level journalists, national media, journalism students, and CSOs, who came to hear senior journalists and other key stakeholders discuss the issue. Here is an overview of their compelling and timely conversation.

Media perspective of bonded labour:

“Cruelties, deaths, sexual exploitation – everything that is immediately newsworthy will get priority… If I want to report on bonded labour, [the media and reading public] will be far less interested.” – Hartosh Singh Bal, Political Editor for Caravan Magazine

“There is no space for labour in the media at all. Labour is no more an issue as far as media is concerned.” – Girish Nikam, Rajya Sabha TV

On the storytelling standard:

“Good intentions are never enough. Stories must make readers read. They have to be written in a way that will make people read.” – Hartosh Singh Bal

On using the term ‘slavery’:

“Use the harshest word available…when we think others don’t deserve dignity or wages, we are the ones who are sick.” – Saba Naqvi, Political Editor for Outlook Magazine

“‘Trafficking’ and ‘bonded labour’ do not evoke responses.” – Hartosh Singh Bal

MP Udit Raj urged the audience to consider the economic and social reasons for debt bondage and not apply the global definition of ‘slavery.’ In response, Sanjay Macwan, Regional Director at IJM, said: “Let’s not look at the global definition. We have our own. Let’s look at that.” He was of course referring to Section 370 of the Indian Penal Code, which states:

 “Buying or disposing of any person as a slave. – Whoever imports, exports, removes, buys, sells of disposes of any person as a slave, or accepts, receives or detains against his will any person as a slave, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.”

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International Justice Mission also organised a Multi-Sensory Exhibition to “bring the field to the audience,” which was available for the audience to explore before the panel discussion. Using photographs, audio recordings, and objects that were either recovered from rescue sites or representative in nature, the exhibition invited people to look more deeply into the lives of bonded labour survivors.

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Community Groups Build Houses for Flood-Affected Survivors

IJM June 2

Despite the sweltering heat outside, bonded labour survivors Arul and Pachayamma are vibrant with joy as they sit in their newly-constructed, semi-solid home. Less than 6 months ago, the couple had lost everything.

With the worst rainfall in over 100 years, the floods of late 2015 devastated the state of Tamil Nadu. Unfortunately, disasters such as this often affect vulnerable community members the most; Arul and Pachayamma were no exception to this rule.

“We lived in a mud house. When it rained the water would seep above the mud floor and we could not sleep in our home. We had to live in a government school,” Pachayamma says. “After we came back two weeks later, our house had still not dried out so we took a stick and mounted a small tent. It was very hard.”

Not only did the floods destroy their home, but Arul and Pachayamma lost their livelihood when the water took their livestock.

“We had chickens and goats but we lost all of them; even we didn’t have a place to stay, so where could the animals go?” Pachayamma asks.

After the floods, an International Justice Mission Recovery Assessment Team was sent to affected villages to determine the condition of the released bonded labourers living there. The team found that 66 survivors lacked adequate housing. Many of these survivors had contracted malaria and other diseases as a result. The team therefore concluded that the greatest need of survivors was basic shelter.

“Housing is foundational to the rehabilitation process,” says Rani Ananda, IJM Community Partnerships Specialist. “It acts a springboard for the development of sustainable livelihood options and provides protection from the elements and other threats, such as snakes and insects.”

IJM June

Following IJM’s assessment, Saath Chalo, a coalition of community members and NGOs focused on assisting bonded labour survivors, committed to constructing 50 houses for these survivors. A group of students from Madras Christian College pledged to raising funds and constructing 11 houses for survivors, while IJM agreed to an additional eight houses. By the end of May, Saath Chalo will have completed 21 houses and MCC students will have finished all 11. The remaining houses are expected to be completed this year.

“I went to the labourers’ village after the floods and everything was gone,” says Sam Jebadurai, former MCC student who instigated the student project to build houses for released bonded labourers. “I made it my personal vision to build houses for them.”

The construction of these houses demonstrates how community groups and grassroots organisations can amplify the effects of existing government rehabilitation schemes and equip released bonded labourers with items or skills to assist them in becoming self-sustaining. Adequate housing, in this case, can be used by survivors as a platform upon which access to livelihood opportunities, security, education and other rehabilitative components can be gained.

Arul and Pachayamma still have many challenges to face on their journey towards restoration, however these are significantly lessened with the provision of suitable housing. The couple are thankful for the initiative of grassroots organisations, like Saath Chalo, and individuals, like Sam, who have demonstrated that the efforts of the community and government combined can assist in the holistic rehabilitation of survivors.

“For a long time we couldn’t sleep at home and live peacefully,” says Pachayamma. “Now we are extremely happy; words cannot express how happy we are.”

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Timely Rehabilitation for Released Bonded Labourers in Madhya Pradesh

The importance of timely and proactive rehabilitation for released bonded labourers cannot be understated. Without the mandated assistance, bonded labour survivors are vulnerable to further abuse, exploitation, and rebondage. Contrast this reality with the story of fifteen labourers from Khargone: rescued in January from bondage at a sugarcane cutting facility, they received rehabilitation two months later in March. They have been able to secure their livelihoods and start building safe futures using the funds they received under the Bonded Labour System (Abolition) Act, 1976. The quick release of those funds makes their story unique – but it started much like the stories of others who become trapped in bonded labour.

In September 2015, the fifteen people (nine adults and six children) traveled to the Jalna District of Maharashtra to work. In November, they were offered more work in a different district by a labour contractor. He gave each of the adults an advance amounting to Rs. 20,000 and the assurance that once their work was completed they could all return to their homes in Khargone. However, without their knowledge, the fifteen were trafficked from Maharashtra to the neighboring state of Karnataka. They arrived at a village in the Bagalkot district to a sugarcane cutting facility, where work started at 5 a.m. and ended only when the truck trolleys were full – regardless of the time of day. The owner of the facility appointed men to watch over them; women, too, were followed and watched at all times. If the labourers failed to complete their work, the owner beat them. They requested to stop work and return home on several occasions, but the owner would demand repayment of the advance along with an additional 1.45 lakh.

In a collaborative effort, Anti Trafficking Units from both Madhya Pradesh and Karnataka, local police, Jan Sahas, and International Justice Mission identified, rescued and rehabilitated the bonded labourers. The unique and effective collaboration between states and the support from NGOs enabled the rescue and rehabilitation to happen quickly. This is generally not the case. Nine release certificates were issued to the adults (the other six people released were/are children). An FIR was lodged under the Bonded Labour System (Abolition) Act, 1976, IPC 370, and other relevant Acts against the labour contractor and facility owner. The Karnataka Government provided police protection to the released bonded labourers until they reached the state border, and subsequent legal processes for rehabilitation were taken up with the SP of Madhya Pradesh and Karnataka.

As a provision of the Bonded Labour System (Abolition) Act, 1976, the labourers received rehabilitation funds as compensation. Rs. 17,000 was released, while the labour department has stated they will provide the remaining Rs. 2,000 within the next financial year. The labourers are also awaiting the initial rehabilitation amount of Rs. 1,000, which is required under the BLSA to be provided immediately after rescue. When a few labourers lacked the necessary documentation to access the rehabilitation amount – a typical hurdle in the rehabilitation process – Jan Sahas helped them open bank accounts and get affidavits to prove their identities. Two families have used the money to lease land; others have bought oxen or goats to help secure their livelihood. Their rehabilitation did not stop with funds: the labour office organised health checkups for the labourers with the district health department, and the State Rural Livelihood Mission CEO asked the state program manager to connect the rescued labourers to skill training and employment opportunities.

Effective rehabilitation is, in part, timely rehabilitation. The story of these fifteen people from Khargone might have had a different – and darker – ending had they not received their due rehabilitation in a timely manner. The collaboration between states and NGOs and the initiative of the governments involved in this case played a key role in the comparatively quick release of rehabilitation funds, and is a model for other state governments looking to support effective rehabilitation for released bonded labourers.

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Stronger Deterrence Needed To Prevent Repeat Offences

Chennai Rescue

Early this month, 564 people – 178 of them children – were released from conditions of bonded labour after the Ponneri Revenue Divisional Officer and local police conducted a raid at a Tamil Nadu brick kiln. The brick kiln owner, along with five others, was arrested under the Bonded Labour System (Abolition) Act, 1976, and Section 370 of the Indian Penal Code.

This is the owner’s second arrest under charges related to bonded labour: in 2011, he was arrested and charged under the BLSA and the SC-ST Act for exploiting over five hundred people in a brick kiln (373 of whom received release certificates). He was later released on bail, and his case is still pending.

The 2013 amendments to IPC 370, which have helped bring stronger cases against traffickers and business owners using forced labour, might have prevented the owner from freely continuing his exploitation of labourers. They define the offense of trafficking to include labour exploitation, punishable with a minimum of 7 years imprisonment – thus promising stronger deterrence to repeat offenders.

The families in the most recent rescue were brought to Tamil Nadu from Odisha and Chhattisgarh after accepting advances in exchange for their labour. The average advance was around Rs. 12,000 per person. Families were paid only Rs. 400 per week. Each family was expected to produce at least 2,000 bricks daily, and if they didn’t meet their quota the owner told them less money would be deducted from their loans. Describing the conditions of their bondage, labourers maintained they had to work ten hours a day with no access to clean water or toilets. According to media reports, an alleged doctor employed by the kiln owner admitted to supplying painkillers to the labourers to keep them working. Only one person from each family was allowed to leave the premise to go to the market once a week.

Five years ago, working conditions under the same brick kiln owner were similarly deplorable. Labourers had to work throughout the night to make bricks so they could dry them during the day. If they tried to leave, they were physically abused. Once, when brick making was stopped due to rain, the owner refused to pay for the labourers’ food allowances and left them to starve. After the labourers were rescued, a health camp was created to address immediate health concerns. Officials noted the wounds and scars on labourers’ bodies, as well as how malnourished many of the children were.

Sources from within the district administration admitted that the owner of the brick kiln was released on bail in 2011 due to slow police investigations. A district official who conducted another rescue in Tamil Nadu in January 2016 pointed to slow investigations and delays in filing chargesheets to explain why perpetrators sometimes go free. He stated, “If the investigation is not completed within three months, the accused get statutory bail from court.”

Melita Fernandes, a lawyer who has worked on human trafficking cases for close to a decade asserted, “From my experience with trafficking cases, I have observed that bonded labour and labour trafficking are largely perceived as simple labour issues. In reality, they are far more complex cases that often involve elements of violence in addition to physical, verbal and emotional abuse on the part of the employers and trafficking agents.”

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

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*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.”

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Government Collaboration Leads To Multi-State Bonded Labour Rescues

1In 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 28th 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.

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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.

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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.

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IJM Engages with Media on Bonded Labour, Migration

RoundtableA 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.

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Visit To ASSOCHAM

The Associated Chambers of Commerce and Industry of India (ASSOCHAM) is one of the three leading trade and industry bodies in India along with FICCI and CII. ASSOCHAM represents the demands and concerns of the trade and industry to the government and other stakeholders with a view to make it easier for its members to do business and trade efficiently. The importance of bodies like ASSOCHAM has grown with the current NDA government being perceived as pro-business with slogans like “Make in India” and ministers and senior government officials release often speaking about making it easier to do business in India by smoothening legal and bureaucratic processes by simplifying rules and amending laws.

In this backdrop, ASSOCHAM put up an advertisement recently in leading newspapers outlining a list of laws to be reviewed and possibly thereafter amended or repealed. The list included laws like the Factories Act, the Inter State Migrant Workers Act, and the Bonded Labor System (Abolition) Act among others.

To understand ASSOCHAM’S perspective, a team from International Justice Mission, accompanied by Dr. L.D. Mishra, former union labour secretary, met with the senior advisor of ASSOCHAM on November 25th. From the discussions, it emerged that ASSOCHAM had from the perspective of “Make in India”, classified laws that were coming in the way of industrial houses pursuing their businesses aggressively. They had divided the laws into two lots based on their perception of how critical a particular law was in need of review. The first tranche of laws had already been vetted by ASSOCHAM and their views conveyed to government. They are expecting to submit their second report on the remaining laws (including BLSA) in the next year or so. ASSOCHAM agreed to sift through the views of civil society on BLSA and other related acts while formulating their recommendations. It is also clear that they see their mandate as being the voice of business and trade. We  sincerely hope that accommodating the concerns of civil society groups will be their responsibility and priority as well.

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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.

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

Panel discussion on human trafficking

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

 

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NHRC Consultation on Bonded Labour Rules

In a bid to strengthen enforcement of the four decade old Bonded Labour System Abolition Act, 1976 — the only legislation seeking to combat this form of modern slavery — the National Human Rights Commission has officially kicked off an attempt to overhaul the Rules of the Act.

On March 25th 2014 the NHRC called together the core group on bonded labour and some special invitees –including some Bandhua 1947 members — to input into the re-drafting of the BLSA Rules. Justice D Murugesan, Member NHRC chaired the day-long dialogue on framing of fresh rules for the BLSA and clarifying the definitions where they have not been explained.

The NHRC decided that the Rules to the BLSA are to be clear enough to give direction under the Act and not too broad. The NHRC hopes to submit their recommendations to the MoLE over the next month and the process will be taken forward by the MoLE from there on.

So why such a strong attempt at pushing for a change of the BLSA Rules? Well, although there are some guidelines and standard operating procedures in a few states to identify and rehabilitate bonded labourers, there is a lack of comprehensive and standardized guidelines by the government. With no standardization of procedures on how to tackle the issue, this becomes a last priority to an already over-burdened District Magistrate who wants to enforce the law.

Changing the rules does not lead to understanding. It does, however, provide a framework for strong implementation of the law and the necessary tool to empower the government and social action groups to address the crime of bonded labour. With the BLSA Rules re-defined there would be better procedural understanding which will hopefully then lead to stronger enforcement. Stronger enforcement is the need of the hour for bonded labour to be tackled in India.

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