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UNIVERSITY OF PETROLEUM & ENERGY


STUDIES
COLLEGE OF LEGAL STUDIES

BA.LL.B (HONS.) ENERGY LAWS

SEMESTER I

ACADEMIC YEAR: 2014 -15


SESSION: JULY-DECEMBER

PROJECT
FOR
Political Science I
On

Internal Migration, Child Labour and


Trafficking
(LLBG111)
Under the Supervision of
Sam Babu. K.C.
(TO BE FILLED BY THE STUDENT)

NAME: DIVYANSH VYAS


SAP NO: 500047953
ROLL NO: 38
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Index

1) Internal Migration.. 3 - 11
a.) Introduction 3 - 4
b.) Causes for Internal Migration.. 5
c.) Solutions for Internal Migration. 6 - 8
d.) Migration and Child Labour.. 9 - 11
2) Child Labour 11 - 18
a.) Introduction.. 11 - 12
b.) Causes for Child Labour 12- 14
c.) Solutions for Child Labour 15 - 16
d.) The Child Labour (Prohibition and Regulation) Act, 1986. 16 - 18
3) Trafficking. 19 - 25
a.) Introduction 19 - 20
b.) Reasons for Human Trafficking in India 20 - 21
c.) Reasons for Child Trafficking.. 22
d.) Solutions for Trafficking. 23 - 25
4) Role of Government 25 - 28
5) Conclusion 28 - 29
6) Bibliography 30 -31
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Internal Migration
Introduction

Internal migration refers to human migration within one geopolitical entity, usually a
nation. Reasons for internal migration tend to be different from those for cross-border
migration; whereas the latter often occurs primarily for political or economic reasons, reasons
for internal migration prominently include travel for education and for economical, but not
for political, reasons. A general trend of movement from rural to urban areas has also
produced a form of internal migration, leading to rapid urbanization in many countries. The
history of many countries has seen massive internal migration:

The United States saw a massive internal migration from the eastern states toward the
west coast during the mid-19th century, a similar large-scale migration of African
Americans from the agricultural south to the industrialized northeast in the early to mid-
twentieth century, and a large-scale reverse migration of African Americans from other
parts of the country to the urban south beginning in the late 20th century and continuing
to the present.

The United Kingdom has historically seen several migrations from the north of
England to the south, and also from Scotland, Ireland (more recently Northern Ireland)
and Wales to England. This was most prevalent during the industrial revolution, and also
in the aftermath of the Irish potato famine.

In New Zealand, the drift to the north has seen the South Island gradually lose
population to the main urban area, Auckland, in the country's far north.1

India has been characterized by some as a relatively immobile society. Yet, even by
conservative estimates, three out of every ten Indians are internal migrants. There are many
more who are uncounted and invisible. In recent years, several changes in India are likely to

1 Wikipedia contributors, Internal Migration, WIKIPEDIA THE FREE ENCYCLOPEDIA


(Nov. 8, 2015, 11:08 AM), https://en.wikipedia.org/w/index.php?
title=Internal_migration&oldid=689168815.
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have impacted on the pattern and pace of migration. The pattern of growth in the last two
decades has steadily widened the gap between agriculture and non-agriculture and between
rural and urban areas, and it has steadily concentrated in a few areas and a few states. The
growing spatial inequalities in economic opportunities must have necessarily also impacted
on the pace and pattern of migration. Migration has historically played a role in reducing the
gap in living standards between sectors and areas and in fuelling growth in the more dynamic
sectors. The crucial question is whether, and to what extent, migration has been able to play
this role in the Indian context. 2

Millions of footloose and impoverished men, women and children in India, migrate from the
countryside each year to cities in crowded trains, buses, trucks and sometimes on foot
their modest belongings bundled over their heads, in search of the opportunities and means to
survive. Some arrive alone; some are accompanied by family or friends. Some stay for a
season, some several years, some permanently. Many tend to drift quickly to low-end, low
paid, vulnerable occupations picking waste, pulling rickshaws, constructing buildings and
roads, or working in peoples homes. They service a city which does not welcome them.
Forever treated as intruders and somehow illegitimate citizens, they live in under-served
makeshift shanties, under plastic sheets, or on streets and in night shelters. Police and
municipal authorities notoriously harass and drive them away. Laws protect them in theory,
but rarely in practice. Their wage rates tend to be exploitative, illegal and uncertain, works
hours long, and conditions of employment unhealthy and unsafe. They are often unable to
easily access even elementary citizenship rights in the city, like the right to vote, a ration
card, supplementary feeding for their children, and school admissions. Their numbers are
substantial; their economic contributions enormous; yet internal migrants tend to remain in
the periphery of public policy. In all censuses, rural to rural migration stream has been the
most important. Females constitute a significantly higher proportion of rural ward migrants
mainly on account of marriage. As regards long distance (inter-state) movement in India, a
clear sex differential is found from census 2001. Among the male interstate migrants, rural to
urban stream emerged as the most prominent accounting for 47 percent. On the other hand,

2 Ravi Srivastava, Internal migration in India: An overview of its Features, Trends


and Policy Challenges, NAT. WORKSHOP ON INT. MIGRATION AND HUMAN DEVPL.
IN IND., Oct 2012, 1, 1-2.
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rural to rural has remained the major pattern of female movement, with 36 percent of them
migrating from rural to rural areas.3

Causes for Internal Migration4

98 million persons moved during the decade 1991-2001. Out of this, 33 million are males and
65 million are females. Of the total intercensal migrants, 83 percent were intrastate migrants
and 17 percent were interstate migrants. However, among the males, 74 percent migrated
within the state of enumeration while 26 percent moved between states. A corresponding
percentage of females were recorded as interstate migrants. This indicates that mobility of
Indian population has significantly increased during the 1990s. In census 2001, the reasons
for migration have been classified into seven broad groups work/employment, business,
education, marriage, moved at birth, moved with family and others. It is observed that
employment among males and marriage among females are the main reasons for migration.
Associational reasons movement on account of accompanying parents or any other member
of the family is elicited second most important reason among both male and female
intercensal migrants. Around 44 percent of the total intercensal migrants have moved due to
marriages. However, it is predominantly led by females as 65 percent of females have
migrated owing to their marriages compared to 2 percent among males. Among male
migrants, employment has continued to be the main reason for migration with nearly 40
percent of them accounted by it. When interstate migration is taken into account, employment
emerges as the main reason for migration. Nearly 32 percent of all interstate migrants during
the intercensal period migrated for the reason of work or employment. This is closely
followed by moved with household reason accounting for around 30 percent of the
intercensal interstate migrants. However, there is a clear difference between different streams
of migration. While nearly 79 percent of females in intrastate rural to rural migrants during
the intercensal period reported marriage as the reason for migration, it is only 37 percent

3 Harsh Mander & Gayatri Sahgal, Internal Migration in India: Distress and
Opportunities, 1, 1-2.

4 Internal Migration and Regional Disparities in India.


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among females in the case of urban to urban interstate migrants. Moved with household as a
reason also emerges as an important cause for both male and female migration in all streams
of migration during the intercensal period.

Solution for Internal Migration5

State Responses:

The inflows of migrants from rural areas and small towns into big cities has contributed to
urban congestion and housing shortages in cities across India. Mumbai, Delhi, and Kolkata in
particular are all known for the proliferation of slums and pavement dwellings, and generally
intense housing pressures. In addition, city residents often perceive that migrants increase the
competition for jobs and compete for basic amenities and city services such as water and
sanitation.

One of the policy conclusions that national policymakers have drawn from these outcomes is
that the state should undertake efforts to prevent internal migration, through schemes such as
rural employment programs. Such policy positions have persisted despite building evidence
that migration can have positive outcomes for the poor. For example, remittances from
migration are applied to health care or to repay debt. Despite increasing research along these
lines, urban development projects often seek to keep migrants out, local authorities continue
to treat migration as a problem, and migrants are often harassed by the police because they
are considered to be closer to illegal residents rather than legal migrants. Migrants are
particularly susceptible to police harassmentincluding violence and exhortation for bribes
because of their precarious position in the receiving society. Their basic needs, such as their
access to housing, can depend on the cooperation of local police.

5 Rameez Abbas & Divya Varma, Internal Labor Migration in India raises
Integration Challenges for Migrants, MIGRATION POLICY INSTITUTE (March 3,
2014) http://www.migrationpolicy.org/article/internal-labor-migration-india-raises-
integration-challenges-migrants.
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The Government of Indias Inter-State Migrant Workmen (Regulation of Employment and


Conditions of Service) Act of 1979 was passed in order to address the unjust working
conditions of migrant workers, including the necessity of gaining employment through
middlemen contractors or agents who promise a monthly settlement of wages but do not pay
when the times comes. The act lists the responsibilities of employers and contractors and the
rights of workers to wages that are equal to those of the local employees, the right to return
home periodically without losing wages, and the right to medical care and housing at the
employment site. In practice, however, this act is overwhelmingly ignored by state
governments. As such, it articulates ideal working conditions for interstate migrants, but
lacking provisions for enforcement, it has not been used to create a better policy environment
in practice.

Civil-Society Interventions:
In a scenario where the responses from the state and market have not contributed much to the
welfare of migrant workers, civil-society organizations have been able to come up with
solutions that have helped enhance returns from migration. While historically NGOs have
sided with the anti-migration sentiment, recent thinking and innovations in migration practice
have helped transform work opportunities for migrants into more stable livelihood options.

Welfare Services and Social protection for Migrants:


Aajeevika Bureau, a non-governmental, non-profit initiative was set up in 2005 in Udaipur,
Rajasthan with the mandate of providing services, support, and security to rural, seasonal
migrant workers. Aajeevika posits that rural-to-urban migration is an inevitable
socioeconomic reality in transition economies such as India; hence the need is to provide
services and solutions that can transform migration into a more rewarding opportunity.
Aajeevika works through a network of walk-in resource centres that are functional at both the
ends of the migration corridor. This linkage from source to destination is an important part of
the organizations operational strategy. Service provided to migrants include registration and
photo ID cards; skills training and placement services for jobs at urban destinations; legal aid
and literacy programs; organization of worker collectives at destination; assistance accessing
banking and social security; and strengthening support systems for women and families
affected by male migration.

Education for Children of Migrants:


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NGOs in high out-migration areas have designed and implemented initiatives such as
seasonal hostels and residential-care centres to enable inclusion of children from migrant
families in schools at both source and destination. Some noteworthy examples are
Lokadrushti in western Odisha for children of brick-making workers, SETU in Gujarat for
children of migrants working in salt pans, and Janarth in Maharashtra for children of sugar
cane cutters.

Organizing Workers for Demanding Entitlements:


NGOs such as PRAYAS Centre for Labour Research and Action have adopted the rights-
based strategy of unionizing migrant workers. They work with vulnerable occupation streams
such as construction, brick-making, and cotton ginning. Through this model of unionization,
PRAYAS was able to successfully reduce the number of child workers who were being
trafficked to cotton seed farms from Rajasthan to Gujarat. The unions also enjoyed
considerable success in negotiating wage increases for workers with employers and
middlemen. PRAYASs work on child trafficking has also led to the creation of a joint task
force by both source and destination governments to prevent child trafficking in the cotton
pollination season.

Institutional Linkages with the Urban Labour Market:


Organizations such as Labournet in Bangalore have initiated programs aimed at member
registration, certified training, and placement; the system acts as an interface between
employers and certified workers. Apart from providing work linkages, they also facilitate the
workers access to social security and financial inclusion.

Access to Food Entitlements at Destination:


Rationing Kruti Samiti, a network of civil-society organizations in Mumbai, is a successful
initiative that has influenced government policy to enable migrant workers to accessing
subsidized rations in urban destinations. The network was instrumental in the passing of a
government resolution that acknowledges the issues faced by migrants in acquiring proofs of
identity and residence, and proposes certain relaxations for both interstate and intrastate
migrant workers. Disha, a leading organization in Nashik, used this government resolution to
help seasonal migrants get temporary ration cards for a period of four months (extendable to
12 months) with relaxed documentary requirements.
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Migration and Child Labour6

Around the world an estimated 200 million boys and girls are engaged in child labour as
defined in ILO Convention No. 138 and the UN Convention on the Rights for Child.
Migration can be an important determinant for child labour. The recently adopted a strategy
for Achieving the Elimination of the Worst Forms of Child Labour recognizes the need to
address child vulnerabilities related to migration. Article 5 of it states: Governments should
consider ways to address the vulnerability of children to, in particular the worst forms of
child labour, in the context of migratory flows. Globally, many child migrants move with
their families. While migration serves as a common survival strategy for households in many
parts of the world, and can provide their families and children with new opportunities, it can
too make them more vulnerable. However, migration in itself doesnt means that children will
necessarily end up in child labour.

Seasonal migration:

In seasonal migrants children often migrate with their parents, and they are particularly
vulnerable to child labour. Children come along with their parents and work. Floods and
droughts and lack of work in rural areas of, for instance, in India forced entire families to
migrate for several months every year in search of work. Broad estimates put the number of
children involved in this migration in India alone at 4 to 6 million. For many migrant families
working in agriculture, the output produced by children is essential for earning a living wage
of a family. Children are usually not employed directly on the estates, but works rather to
meet quotas as part of a tenant family. In the absence of (quality) educational facilities at
migrated place, or transfer certificates when schooling opportunities do exist, it is extremely
difficult for seasonal migrant children to rejoin the formal education system. This potentially
jeopardizes human capital formation and increases the risk of child labour.
6 Hans van de Glind, Migration and Child Labour, IPEC, Sep 2010, 1, 1-2 4 7-9 14-
16.
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Access to education:

It is crucial that migrated children have access to education irrespective of their legal status.
Without such access, they are likely to spend time on the street while their parents work, and
are at high risk of child labour. Despite the policy level recognition of importance of
providing education to migrant children, challenges do remain in its implementation in terms
of access, costs, quality of education and resistance in reforming areas of destination. Where
migration is seasonal, there is a high risk of children joining the labour force prematurely.
Irregular migration across national borders also increases the risk of child labour, though risk
levels vary depending upon the services and protection offered at migrated place. The level of
access to quality education of migrant children is another important factor that influences the
risk of child labour.

1 Determinants for independent child migration:

Independent child migration may also be part of a familys survival strategy as the
migration of a child decreases the dependency ratio in the household, even when the child
does not earn enough to save (because there is a decrease in household consumption
demand). In addition, some children are able to save and send remittances, sometimes
contributing to the education of their siblings.

Education is another motive for children to migrate. Through migration, many children hope
to increase their human capital by obtaining schooling and skills development. However,
because independent children must fend for themselves, many children end up working in
addition to, or instead of, going to school. 43 The likelihood that child migrants will enroll in
school depends also on the characteristics of their destination.

Migration is also linked to history and culture. Several studies have pointed to the fact that
child migration is highest in areas of traditional adult out-migration. In these areas, migration
may be seen, by both children and parents, as a learning experience and part of the transition
to adulthood. It may provide children with opportunities to develop their independence and
autonomy to learn about life in the city, and for adventure.

Generic policy considerations regarding independent child migrants and those


migrating with families:
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In further developing effective migration and child labour policies it is crucial to maintain
conceptual clarity: Voluntary migration of children with or without parents should be
distinguished from trafficking in children, even though the former may at times result in the
latter. While efforts to stop child trafficking are crucial and should include a law enforcement
component, broader migration and childrens rights policies should recognize that it is
legitimate for children of working age to seek employment opportunities. Currently,
migration laws in most countries do not incorporate a childrens rights perspective, and even
policies to protect the rights of children have, in many countries, not yet taken into account
the specific conditions and needs of migrant children. Therefore, laws and policies in the
fields of migration, childrens rights and child labour should pay specific attention to both
internal and international child migrants. Other measures to improve protection in the
workplace include expanding migrant workers ability - including that of youth migrants - to
form self-help and place name associations. Accessing, joining or associating with trade
unions, is another important tool in ensuring protection and guaranteeing labour rights of
workers, including the labour rights of migrant workers.

As important as it is to protect migrant children, it is equally necessary to better


enable them to protect themselves, especially where States fail in their protection duties.
This is particularly relevant in situations where State structures are weak. Governments,
international agencies and others should provide children with information and resources on
what dangers exist and what to look out for. Children should also be informed of their basic
rights, such as the right to be protected from child labour (including the notion of minimum
working age), the right to education, decent work, and freedom from forced labour. It is also
important that children be given life skills training including self-protection skills and
confidence building, and vocational training and education.

Child Labour

Introduction
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Child labour refers to the employment of children in any work that deprives children of their
childhood, interferes with their ability to attend regular school, and that is mentally,
physically, socially or morally dangerous and harmful. This practice is considered
exploitative by many international organizations. Legislations across the world prohibit child
labour. Child labour was employed to varying extents through most of history. In developing
countries, with high poverty and poor schooling opportunities, child labour is still prevalent.
Worldwide agriculture is the largest employer of child labour. The incidence of child labour
in the world decreased from 25% to 10% between 1960 and 2003, according to the World
Bank.7

This practice deprives children of their childhood, and is harmful to their physical and mental
development. Poverty, lack of good schools and growth of informal economy are considered
as the important causes of child labour in India. India is sadly the home to the largest number
of child labourers in the world. The problem of child labour continues to pose a challenge
before the nation. Government has been taking various pro-active measures to tackle this
problem. However, considering the magnitude and extent of the problem and that it is
essentially a socio-economic problem inextricably linked to poverty and illiteracy, it requires
concerted efforts from all sections of the society to make a dent in the problem.8

Indian law specifically defines 64 industries as hazardous and it is a criminal offence to


employ children in such hazardous industries. In 2001, an estimated 1% of all child workers,
or about 120,000 children in India were in a hazardous job. Notably, Constitution of India
prohibits child labour in hazardous industries (but not in non-hazardous industries) as a
Fundamental Right under Article 24. In December 2014, the U.S. Department of
Labour issued a List of Goods Produced by Child Labour or Forced Labour and India figured
among 74 countries where significant incidence of critical working conditions has been
observed. Unlike any other country, India was attributed 23 goods the majority of which is
produced by child labour in the manufacturing sector.

7 Wikipedia Contributors, Child Labour, WIKIPEDIA THE FREE ENCYCLOPAEDIA


(Sep 27, 2015, 3:48 AM) https://en.wikipedia.org/wiki/Child_labour.

8 About Child Labour, MINISTRY OF LABOUR AND EMPLOYEMENT,


http://labour.gov.in/content/division/child-labour.php.
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Article 24 of India's constitution prohibits child labour. Additionally, various laws and the
Indian Penal Code, such as the Juvenile Justice (care and protection) of Children Act-2000,
and the Child Labour (Prohibition and Abolition) Act-1986 provide a basis in law to identify,
prosecute and stop child labour in India.9

Causes for Child Labour

Poverty and lack of social security are the main causes of child labour. The increasing gap
between the rich and the poor, privatization of basic services and the neo-liberal economic
policies are causes major sections of the population out of employment and without basic
needs. This adversely affects children more than any other group. Entry of multi-national
corporations into industry without proper mechanisms to hold them accountable has led to the
use of child labour. Lack of quality universal education has also contributed to children
dropping out of school and entering the labour force. 10

1. Poverty: 11
The most important cause of child labour is widespread poverty. Poverty forces the
parents to send their children to seek employment. Children work not because their
parents are wicked or employers are wicked, but because their income is essential for
the survival of the family. The problem of child labour is interrelated to the problem
of living wages of adult-worker. The parents force their children to take up
employment because their own earning power is low. The employer also takes the
benefit of this weakness by providing work to the children on low wages in spite of
the various protective laws.

2. Large Family:12

9 Wikipedia, Supra note 5.

10 Supra note 8.

11 P.K.PADHI, LABOUR AND INDUSTRIAL LAWS, 317 (2d ed. 2015).

12 Id. at 317.
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Large families with comparatively less income cannot give shelter their children. In
order to compensate the daily income, children are sent to work instead of schools and
are made to work for their livelihood. For them, an extra child means extra income.
But they forget that one qualified and intelligent son is better than a hundred illiterate
foolish sons.

3. Absence of provision for compulsory education: 13


The provision of compulsory education up to a prescribed age could compel the
children to attend the school so that there may arise no question of children entering
into employment. Absence of any such provision of compulsory education is another
important cause. However the Parliament recently incorporated Article 21A to meet
the situation which provide for free and compulsory education to all children of the
age of 6 to 14 years.

4. Inefficacy of protective legislation for working children: 14


In almost all countries and particularly in India, legislations concerning minimum age
for admission to employment or regulations about the employment of children exist.
But an effective enforcement of the legislation pertaining to child labour has not been
possible so far for various reasons. An effective inspection system is not adequately
developed.

A major concern is that the actual number of child labourers goes undetected. Laws that are
meant to protect children from hazardous labour are ineffective and not implemented
correctly. According to a 2008 study by ILO, among the most important factors driving
children to harmful labour is the lack of availability and quality of schooling. Many
communities, particularly rural areas do not possess adequate school facilities. Even when
schools are sometimes available, they are too far away, difficult to reach, unaffordable or the
quality of education is so poor that parents wonder if going to school is really worthwhile. In
government-run primary schools, even when children show up, government-paid teachers do
not show up 25% of the time.15

13 Id. at 318.

14 Id. at 318.

15 Wikipedia, Supra note 5.


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But things are slowly changing as the government is trying to improve the quality of schools
as well as making their program more practical and relevant to childrens lives. Another
problem remains: parents arent making enough of a living to sustain their family. Thats
plain and simple poverty causing and fueling child labor in India. Be it in manufacturing or in
agriculture, people are systematically under-paid. 16

Solutions for Child Labour

1. Provision of free and compulsory education:17


Governments must fulfill their responsibility to make relevant primary education free
and compulsory for all children and ensure that all children attend primary school on a
full-time basis until completion. Governments must budget the necessary resources
for this purpose, with donors ensuring adequate resources from existing development
aid budgets. That helps children learn skills that will help them earn a living. Children
need to learn how to read and write. They need social and professional skills that only
school and a nurturing environment can provide. Some countries have compulsory
schooling and some provide free public schooling. However, in many countries,
particularly for those where structural adjustment lending has led to the privatization
of schools-the cost of teaching, books, and uniforms makes it impossible for children
to get an education.

2. Social mobilization and awareness-raising:18

16 Child Labor in India: A poverty of Schools?, POVERTIES (Jan, 2013),


http://www.poverties.org/child-labor-in-india.html.

17 Ending Child Labour, THE STATE OF THE WORLDS CHILDREN, UNICEF (1997),
http://www.unicef.org/sowc97/report/ending.htm & Solutions of Child Labour,
CHILD LABOUR (2011), https://sites.google.com/site/childlabour2011/location.
P a g e | 16

Like so many of the worlds wicked problems, addressing child labor requires a
concerted effort by multiple stakeholders acting together. Work to promote awareness
of child labor among citizens and consumers in developed countries, and among
families and communities in developing countries where children are at risk, has
proven to be an important part of the solution. Raising public awareness also requires
compelling photo and video documentation.

3. Immediate elimination of hazardous and exploitative child labour:19


Hazardous and exploitative forms of child labour, including bonded labour,
commercial sexual exploitation and work that hampers the childs physical, social,
cognitive, emotional or moral development, must not be tolerated, and governments
must take immediate steps to end them.

4. Wider legal protection:20


Laws on child labour and education should be consistent in purpose and implemented
in a mutually supportive way. National child labour laws must accord with both the
spirit and letter of the Convention and with relevant ILO conventions. Such
legislation must encompass the vast majority of child work in the informal sector of
the economy, including work on the streets and farms, domestic work or work within
the childs own household. Most countries have laws against child labour; however,
some governments support child labour as a way of gaining a competitive market
advantage. Preventing children from working is not necessarily the best solution;
children may end up in worse situations and their families may become even poorer.

Other ways to curb child labour are:

Data collecting and Monitoring


Abolish Child Trafficking
Eliminate Poverty

18 Bama Athreya, Ending Child Labour, USAID (June 12, 2014),


https://blog.usaid.gov/2014/06/ending-child-labor/.

19 Ending Child Labour, THE STATE OF THE WORLDS CHILDREN, UNICEF (1997),
http://www.unicef.org/sowc97/report/ending.htm

20 Supra note 17.


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The Child Labour (Prohibition and Regulation) Act,


198621
The Child Labour (Prohibition and Regulation) Act, 1986 of India was the culmination of
efforts and ideas that emerged from the deliberations and recommendations of various
committees on child labour. Significant among them are the National Commission on Labour
(1966-69), the Gurupadaswamy Committee on Child Labour (1979) and the Sanat Mehta
Committee (1984).

The Act aims to prohibit the entry of children into hazardous occupations and to
regulate the services of children in non-hazardous occupations. The Act, in particular,
bans the employment of children, i.e. those who have not completed their 14 year, in
specified occupations and processes.
Lays down a procedure to make additions to the schedule of banned occupations or
processes.
Regulates the working conditions of children in occupations where they are not
prohibited from working.
Lays down penalties for employment of children in violations of the provisions of this
Act, and other Acts which forbid the employment of children.
Brings uniformity in the definition of the child in related laws.

The Act is divided into IV parts and contains 26 Sections with one schedule. The long title
prescribes the reasons for passing this legislation. The reason maybe of two types, i.e. (i)
prohibit the engagement of children in certain employment, and (ii) regulate the conditions of
work of children in certain other establishments.

Part I (Section 1 and 2)

This defines the Preliminary of the Act.

Part II (Section 3-5)

PROHIBITION OF EMPLOYMENT OF CHILDREN IN CERTAIN OCCUPATIONS


AND PROCESSES

Conclusions from Sec 3 are:

21 Padhi, Supra note 11, at 322.


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Total prohibition: employment in factory, mine, hazardous employment and


occupation set forth in Part A and process set forth in Part B of the Schedule of this
Act, is prohibited altogether.
Permissible Limit: children below the age of 14 are permitted to work in the process
set forth in Part B of the Act provided that the occupier of such processes is a family
member and school managed and recognized by the government.
Permissible but Regulatory: the children are allowed to work in all other
employments provided that it does not fall either in the category of total prohibition
limit or permissible limit.

Part III (Sec 6-13)

This part deals with the regulation of condition of work of children. This Part prescribes
the norms for working hours and period of work, weekly holidays, guidelines to deals the
disputes as to age, imposed legal responsibility to maintain the register on the occupier
and health and safety of the working children.

Part IV (Sec 14-26)

Section 14. Penalties:

(1) Whoever employs any child or permits any child to work in contravention of the
provisions of section 3 shall be punishable with imprisonment for a term which shall not
be less than three months but which may extend to one year or with fine which shall not
be less than ten thousand rupees but which may extend to twenty thousand rupees or with
both.

(2) Whoever, having been convicted of an offence under section 3, commits a like
offence afterwards, he shall be punishable with imprisonment for a term which shall not
be less than six months but which may extend to two years.

(3) Whoever:

(a) fails to give notice as required by section 9; or

(b) fails to maintain a register as required by section 11 or makes any false entry in any
such register; or
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(c) fails to display a notice containing an abstract of section 3 and this section as required
by section 12; or

(d) fails to comply with or contravenes any other provisions of this Act or the rules made
thereunder.

shall be punishable with simple imprisonment, which may extend to one month or with
fine, which may extend to ten thousand rupees or with both.

Trafficking

Introduction
Human trafficking is the trade of humans, most commonly for the purpose of sexual
slavery, forced labor or commercial sexual exploitation for the trafficker or others. Human
trafficking can occur within a country or trans-nationally. Human trafficking is a crime
against the person because of the violation of the victim's rights of movement through
coercion and because of their commercial exploitation. Human trafficking is the trade in
people, and does not necessarily involve the movement of the person from one place to
another. 22

Human trafficking outside India, although illegal under Indian law, remains a significant
problem. People are frequently illegally trafficked through India for the purposes of
commercial sexual exploitation and forced/bonded labour. Although no reliable study of
forced and bonded labour has been completed, NGOs estimate this problem affects 20 to 65
million Indians. Women and girls are trafficked within the country for the purposes of

22 Wikipedia contributors, Human Trafficking, WIKIPEDIA THE FREE


ENCYCLOPEDIA (Nov 9, 2015, 10:57 PM),
https://en.wikipedia.org/wiki/Human_trafficking.
P a g e | 20

commercial sexual exploitation and forced marriage especially in those areas where the sex
ratio is highly skewed in favour of men. A significant portion of children are subjected to
forced labour as factory workers, domestic servants, beggars, and agriculture workers, and
have been used as armed combatants by some terrorist and insurgent groups. 23

Child Trafficking is also another form of trafficking in this area. Child trafficking, according
to UNICEF is defined as any person under 18 who is recruited, transported, transferred,
harboured or received for the purpose of exploitation, either within or outside a country.
There have been many cases where children just disappear overnight, as many as one every
eight minutes. Children are taken from their homes to be bought and sold in the market.
In India, there is a large number of children trafficked for various reasons such as labour,
begging, and sexual exploitation. Because of the nature of this crime; it is hard to track;
therefore making it impossible to have exact figures regarding this issue. India is a prime area
for child trafficking to occur, as many of those trafficked are from, travel through or destined
to go to India. Though most of the trafficking occurs within the country, there is also a
significant number of children trafficked from Nepal and Bangladesh.24

Anti-slavery activists say thousands of children are going missing from some of Indias
remote tribal areas as human traffickers respond to a surge in demand for domestic child
labour in booming urban districts. Between 2011 and 2013, more than 10,500 children were
registered as missing from the central state of Chhattisgarh, one of Indias poorest states. The
majority are believed to have been trafficked out of the state and into domestic work or other
forms of child labour in cities. The missing children in Chhattisgarh represent a small
percentage of the estimated 135,000 children believed to be trafficked in India every year. Yet
the rate at which they are going missing from remote villages in the south of the state is
causing alarm.25

23 Wikipedia contributors, Human Trafficking in India, WIKIPEDIA THE FREE


ENCYCLOPEDIA (July 6, 2015, 11:00 AM)
https://en.wikipedia.org/wiki/Human_trafficking_in_India.

24 Wikipedia contributors, Child Trafficking in India, WIKIPEDIA THE FREE


ENCYCLOPEDIA (Nov 5, 2015, 6:13 PM),
https://en.wikipedia.org/wiki/Child_trafficking_in_India.
P a g e | 21

Reasons for Human Trafficking in India

Forced Marriage26:

Girls and women are trafficked not only for prostitution but also bought and sold like
commodity in many regions of India where female ratio is less as compared to make due to
female infanticide. These are then forced to marry. A forced marriage qualifies as a form of
human trafficking in certain situations. If a woman is sent abroad, forced into the marriage
and then repeatedly compelled to engage in sexual conduct with her new husband, then her
experience is that of sex trafficking. If the bride is treated as a domestic servant by her new
husband and/or his family, then this is a form of labor trafficking.

Bonded Labour27:

Though debt labour is not known much but it is illegal in India and prevalent in our society.
According to the ILO there are more than 11.7 million people working as a forced labour in
Asia-Pacific region. People running out of cash generally sell their kids as debt labour in
exchange for cash. Both boys and girls are sold for this purpose and generally not paid for
years. Indias role in the global economy has a comparative advantage in the availability of

25 Sutirtha Sahariah, Child Trafficking in India: It was only after a few years I
realised I had been sold, THE GUARDIAN (April 28, 2015, 7:00 AM),
http://www.theguardian.com/global-development/2015/apr/28/child-trafficking-
india-domestic-labour-chhattisgarh.

26 Ramandeep Kaur, Human Trafficking in India must end,


http://www.mapsofindia.com/my-india/society/human-trafficking-in-india-must-
end & Supra note 22.

27 Ramandeep Kaur, Human Trafficking in India must end,


http://www.mapsofindia.com/my-india/society/human-trafficking-in-india-must-
end & Stop Trafficking and Oppression of Women and Children, http://www.stop-
india.org/human-trafficking.html.
P a g e | 22

cheap labour, which drives down wages increases the demand for child labour, the
exploitation of workers in debt-bondage situations, and various forms of forced labour. The
low wages in standard employment situations make the promises of higher paying jobs
especially attractive, so traffickers, especially those in the commercial sex industry, take
advantage of this and use the lure of more lucrative opportunities to trick women into the
profession.

Sex Trafficking28:

Sex trafficking affects 4.5 million people worldwide. Most victims find themselves in
coercive or abusive situations from which escape is both difficult and dangerous. Trafficking
for sexual exploitation was formerly thought of as the organized movement of people, usually
women, between countries and within countries for sex work with the use of physical
coercion, deception and bondage through forced debt.

Sexual trafficking includes coercing a migrant into a sexual act as a condition of allowing or
arranging the migration. Sexual trafficking uses physical or sexual coercion, deception, abuse
of power and bondage incurred through forced debt. Trafficked women and children, for
instance, are often promised work in the domestic or service industry, but instead are
sometimes taken to brothels where they are required to undertake sex work, while their
passports and other identification papers confiscated. They may be beaten or locked up and
promised their freedom only after earning through prostitution their purchase price, as
well as their travel and visa costs.

Reasons for Child Trafficking29

Labour:

Legally, children in India are allowed to do light work, but they are often trafficked
for bonded labour, and domestic work, and are worked far beyond what is allowed in the
country. They are often forced to work, in the use of contraptions that bound them to be

28 Supra note 22.

29 Supra note 24.


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unable to escape and then forced to submit to control. Others may be bound by abuse whether
physical, emotional, or sexual. Those forced into labour lose all freedom, being thrown into
the workforce, essentially becoming slaves, and losing their childhood.

Illegal Activities:

Children, over adults are often chosen to be trafficked for illegal activities such
as begging and organ trade, as they are seen as more vulnerable. Not only are these children
being forced to beg for money, but a significant number of those on the streets have had limbs
forcibly amputated, or even acid poured into their eyes to blind them by gang masters. Those
who are injured tend to make more money, which is why they are often abused in this
way. Organ trade is also common, when traffickers trick or force children to give up an organ.

Sexual Exploitation:

Sexual exploitation is an issue that is faced among many developing countries and is defined
as the sexual abuse of children and youth through the exchange of sex or sexual acts for
drugs, food, shelter, protection, other basics of life, and/or money. Often young girls are
taken from their homes and sold as items to become sex slaves and even forced into
prostitution. This may seem bad enough, but sexual exploitation is not always forced. Out of
desperation, some parents will even sell their kids off to be sexually abused, in order to be
able to acquire the basic necessities of life. As the parents are likely to have been sexually
abused as children, generations to come are forced to live in this seemingly never-ending
cycle of selling their children into sexual exploitation and abuse.

Solutions for Trafficking

India's efforts to protect victims of trafficking vary from state to state, but remain inadequate
in many places. Victims of bonded labor are entitled to 10,000 from the central government
for rehabilitation, but this programme is unevenly executed across the country. Government
authorities do not proactively identify and rescue bonded labourers, so few victims receive
this assistance. Although children trafficked for forced labour may be housed in government
P a g e | 24

shelters and are entitled to 20,000, the quality of many of these homes remains poor and the
disbursement of rehabilitation funds is sporadic.

The 3P principle acts as a policy framework used by governments worldwide to combat


trafficking of persons:

1. Prevention:30
Prevention is a crucial component to monitor human trafficking globally. Prevention
efforts have been concentrated largely on the supply side of trafficking by addressing
the vulnerabilities of communities. In more recent times, efforts extend beyond
raising awareness campaigns to strengthening labor law enforcement and
strengthening partnerships between governments, law enforcement, and non-
governmental organizations. In many cases, prevention strategies have failed to
integrate into policies due to lack of evidence-based research, planning and impact
evaluations.

2. Protection:31
Immediate protection for potential or identified victims of trafficking must be
provided in order to keep them safe. Protection also takes into account the immediate
needs of the victims, from psychological help and legal assistance to basic necessities
such as food and clothing. Bilateral cooperation has often been strong in returning
victims across borders and the service of quality has been improving over the years.
However, as many victims are not identified, they also remain unprotected. In the end,
victim protection and assistance are left to the discretion of the state.

3. Prosecution:32
Prosecution is a necessary element for governments to eradicate human trafficking.
Although the UN Trafficking Protocol consists of a mandatory provision to
criminalize traffickers, the crime remains largely under-prosecuted and unpunished.
Prosecution-related activities include implementation of specific anti-trafficking laws,
provision of training of police officers, lawyers, and judges to effectively respond to

30 Madevi Sun-Suon, Human Trafficking and the Role of Local Governments,


UNITAR 22, 23.

31 Id. at 23.

32 Ibid.
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trafficking and the establishment of special anti-trafficking to provide a legal


framework to cover all provisions from the Protocol in a comprehensive manner.

Role Of NGOs33: NGOs have played important roles in the achievement of successful policy
and implementation of programs run by the Government to combat trafficking of children
and women into all intolerable forms of business. They have taken the lead and supported
initiatives, and their constant demands have motivated and drawn state and public attention to
children and women issues of all kinds. Despite their limited resources, funding, training, and
access to information, most NGOs studied take the lead in combating trafficking in their
respective countries. Their anti-trafficking activities, objectives, and orientation are linked to
the social and cultural background of their respective countries and regions, and reflect local
patterns of trafficking.

1. Prevention of Trafficking in Children34:


National and international NGOs in different countries have established programs and
projects to provide education and vocational training to at risk groups of populations
in the country in which an organization is located. The programs are mostly expected
to help preventing children from being deceived and trafficked, and decreasing
problems related to illegal migration. Many programs are established to generate and
secure jobs within the country. As in developing country like ours where poverty,
unemployment and illiteracy has stricken to almost every state and chances of being
send their children to work in towns and cities, there NGOs try to save them from
being trafficked in lieu of employment. This is initiative undertaken by NGOs to
provide all the facilities in their villages only. In our country NGOs are doing a
commendable job in the field of spreading awareness, employment and literacy.
Welfare is Governments task but undertaken by NGOs within limited scenario of
funds and space.

2. Coordination with other NGOs and government agencies35:

33 Apeksha Kumari, Role of Non-Governmental Organizations in Confronting


Trafficking In India, AIJRHASS 198, 198 (2014).

34 Ibid.

35 Kumari, Supra note 33, at 199.


P a g e | 26

Coordination, cooperation, and support from government agencies of all levels is


essentially needed in the process of rescuing and repatriating trafficked children. The
process starts at coordination with judicial police officers for rescuing the children
from abusive situations, and lawfully processing the case through Immigration Office,
Public Welfare Department for social services, welfare and rehabilitation, and on to
waiting for repatriating, finding out relevant information in order to best support each
individual trafficked victim, preparing for repatriating expenses, and finally
contacting related organizations in a sending country to ensure safe repatriation of a
victim

Role of Government

The Government of India penalises trafficking for commercial sexual exploitation through the
Immoral Trafficking Prevention Act (ITPA). Prescribed penalty under the ITPA ranging
from seven years' to life imprisonment are sufficiently stringent and commensurate with
those for other grave crimes. India also prohibits bonded and forced labour through the
Bonded Labour Abolition Act, the Child Labour Act, and the Juvenile Justice Act.

Indian authorities also use Sections 366(A) and 372 of the Indian Penal Code, prohibiting
kidnapping and selling minors into prostitution respectively, to arrest traffickers. Penalties
under these provisions are a maximum of ten years' imprisonment and a fine. Bonded labour
and the movement of sex trafficking victims, may occasionally be facilitated by corrupt
officials. They protect brothels that exploit victims, and protect trafficker and brothel keepers
from arrest and other threats of enforcement.36

Although there is an Immoral Traffic Prevention Act in place to aide in the immorality of
human trafficking, "it only refers to trafficking for prostitution hence does not provide
comprehensive protection for children. Nor does the Act provide clear definition of
"'trafficking. Also, India has failed to uphold The Palemo Protocol, which provides
protection to children against trafficking. It is estimated that 200,000 persons are trafficked in
India every year. Only 10% of human trafficking in India is international, while almost 90%

36 Supra note 23.


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is interstate. Nearly 40,000 children are abducted every year of which 11000 remain untraced
according to a report by the National Human Rights Commission of India.37

1. Existing Framework:
The Constitution of India, the fundamental law of the land, forbids trafficking in
persons. Article 23 of the Constitution specifically prohibits traffic in human beings
and begar and other similar forms of forced labour. Article 24 further prohibits
employment of children below 14 years of age in factories, mines or other hazardous
employment, Article 21 pertaining to protection of life and personal liberty and
Article 22 concerning protection from arrest and detention except under certain
conditions. The Directive Principles of State Policy articulated in the Constitution are
also significant, particularly Article 39 which categorically states that men and
women should have the right to an adequate means of livelihood and equal pay for
equal work; that men, women and children should not be forced by economic
necessity to enter unsuitable avocations; and that children and youth should be
protected against exploitation.38

The Indian Penal Code, 1860 contains more than 20 provisions that are relevant to
trafficking and impose criminal penalties for offences like kidnapping, abduction,
buying or selling a person for slavery/labour, buying or selling a minor for
prostitution, importing/procuring a minor girl, rape, etc. The Immoral Traffic
(Prevention) Act, 1956 (ITPA), initially enacted as the Suppression of Immoral
Traffic in Women and Girls Act, 1956, is the main legislative tool for preventing and
combating trafficking in human beings in India. The Act criminalizes the procurers,
traffickers and profiteers of the trade but in no way does it define trafficking per se
in human beings.39

37 Supra note 24.

38 Integrated Plan of Action to Prevent and Combat Human Trafficking with


Special Focus on Children and Women, 5, 5-6.

39 Id. at 6.
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2. Role of Ministry of Women and Child Development 40:


The Ministry of Women and Child Development, the Nodal Ministry in the
Government of India dealing with issues concerning women and children drew up a
National Plan of Action to Combat Trafficking and Commercial Sexual Exploitation
of Women and Children in the year 1998. The Ministry of Women and Child
Development has also undertaken a study in collaboration with UNICEF on Rescue
and Rehabilitation of Child Victims Trafficked for Commercial Sexual Exploitation.
The Report of this study was released to the public in 2005. The Ministry of Women
and Child Development, in 2005, also formulated a Protocol for Pre-Rescue, Rescue
and Post-Rescue Operations of Child Victims of Trafficking for Commercial Sexual
Exploitation. This Protocol contains guidelines for State Governments and a strategy
for Rescue Team Members for pre-rescue, rescue and post-rescue operations
concerning children who are victims of trafficking and were sexually being exploited
for commercial reasons. The Ministry of Women and Child Development in
collaboration with UNICEF and various other organizations has developed three
manuals the Manual for the Judicial Workers on Combating Trafficking of Women
and Children for Commercial Sexual Exploitation, Manual for Medical Officers for
Dealing with Child Victims of Trafficking and Commercial Sexual Exploitation, and
Manual for Social Workers Dealing with Child Victims of Trafficking and
Commercial Sexual Exploitation. The Manual for Judicial Workers has been
developed in collaboration with the National Human Rights Commission.

3. Role of National Human Rights Commission:41


The National Human Rights Commission nominated one of its Members to serve as a
Focal Point on Human Rights of Women, including Trafficking in 2001. The main
focus of the Action Research was to find out the trends, dimensions, factors and
responses related to trafficking in women and children in India. Besides, it looked into
various other facets of trafficking, viz., the routes of trafficking, transit points, the role
of law enforcement agencies, NGOs and other stakeholders in detecting and curbing

40 Supra note 38, at 7-8.

41 Supra note 38, at 9.


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trafficking. It also reviewed the existent laws at the national, regional and
international level.

4. Role of Ministry of Home Affairs:42


In August/September 2006, the Ministry of Home Affairs set up a Nodal Cell for
Prevention of Trafficking. The main function of this Cell is to coordinate, network
and provide feedback to the State Governments and other concerned agencies on a
sustained and continuous basis so as to prevent and combat trafficking in human
beings. This Cell has also been made responsible to document best practices in
preventing and combating trafficking in human beings as well as share data inputs
with other stakeholders. In order to review the overall status of trafficking in the
country, the Cell proposes to convene regular meetings every quarter with all
stakeholders.

Conclusion
From the research done over topic Internal Migration, Child Labour and Trafficking,
various conclusions can be drawn. As what all factors are responsible for migration of
families, individuals and children. Than how does the state response towards migration, civil
society interventions, what role society play in helping them, role of education etc. Then a
clear linkage between Child Labour and Migration had been shown of how migration is
responsible somewhere for Child Labour. Than general policies which act as a solution was
discussed. Ultimately, Migration is one of the factors responsible for Child Labour.

Child Labour is one of the most concerning topic of todays world. It has various reasons
associated with it like Poverty, lack of education, improper provisions for child protection,
family migration etc. Raising public awareness, educating child, improvising law for
betterment of children are some of the possible reasons for curbing this problem. Also Child
Labour (Prohibition and Regulation) Act, 1986 is one of the most important steps taken by
Govt. of India.

42 Supra note 38, at 10-11.


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Trafficking is trading of humans for different purposes. This is also one of the major
problems that is going on all over the world. Many people are trafficked every year among
which women and children are most prone. Mostly are trafficked for sexual slavery and
bonded labour. Various provisions are there to fight this thing. Some are like role of NGOs
who play a vital role in this situation than international norms and standards prescribed for
this. Also work of Govt. in this situation is important. There are Articles which protect the
rights of people; there are Acts which regulates the prohibition of such things. Role of
different ministries and NGOs are most effective. Thus it can be concluded that moreover we
need to maintain the laws and regulations for betterment of society and also raise awareness
for the same.
P a g e | 31

Bibliography
Books
1. Law relating to Women and Children, Mamta Rao.
2. Labour and Industrial Laws, PK Padhi.

Articles
1. Internal Migration in India: An overview of its Features, Ravi Shrivastava.
2. Internal Migration and Regional Disparities in India.
3. Internal Labour Migration in India raises Integration Challenges for
Migrants, Rameez Abbas and Divya Varma.
4. Ending Child Labour, Bama Athreya.
5. Child Trafficking in India: It was only after a few years I realised I had been
sold, Sutirtha Saharia.
6. Human Trafficking in India must end, Ramandeep Kaur.
7. Role of Non-Governmental Organizations in Confronting Trafficking In India,
Apeksha Kumari.
8. Integrated Plan of Action to Prevent and Combat Human Trafficking with
Special Focus on Children and Women.

Research Papers
1. Internal Migration in India: Distress and Opportunities, Harsh Mander
and Gayatri Sehgal.
2. Migration and Child Labour, Hans van de Glind.
3. Ending Child Labour, UNICEF.
4. Human Trafficking and the Role of Local Governments, Madevi Sun-
Suon.

Internet
1. Internal Migration, https://en.wikipedia.org/w/index.php?
title=Internal_migration&oldid=689168815.
2. Child Labour, https://en.wikipedia.org/wiki/Child_labour.
3. About Child Labour, http://labour.gov.in/content/division/child-labour.php.
4. Child Labor in India: A poverty of Schools?, http://www.poverties.org/child-
labor-in-india.html.
5. Solutions of Child Labour,
https://sites.google.com/site/childlabour2011/location.
6. Human Traffficking, https://en.wikipedia.org/wiki/Human_trafficking.
P a g e | 32

7. Human Trafficking in India,


https://en.wikipedia.org/wiki/Human_trafficking_in_India.
8. Child Trafficking in India,
https://en.wikipedia.org/wiki/Child_trafficking_in_India.
9. Stop Trafficking and Oppression of Women and Children, http://www.stop-
india.org/human-trafficking.html.
10.http://www.stop-india.org/