TOPIC: ASSOCIATION OF INDIA WITH ILO: A

CRITICAL ANALYSIS
Sub Topic: Forced Labour in India

INTRODUCTION
The International Labour Organisation, UN’s first specialized agency was established in 1919 to
act as a champion of social justice. It is a tripartite agency that brings together the governments,
workers and employers of 187 member states for the development of policies. According to the
ILO:-

“The adoption of labour laws and regulations is an important means of implementing

ILO standards, promoting the ILO Declaration and the Fundamental Principles and
Rights at Work, and putting the concept of Decent Work into practice.”1

India is a founding member of ILO and has been a permanent part of its governing body since
1922.

RATIFICATIONS BY INDIA
ILO conventions are the instruments of international labour standards, which upon ratification
create binding on the states. As of 2015, 189 conventions and 204 recommendations have been
adopted by the ILO.2 Out of these India has ratified 45 conventions and 1 protocol, including 6 of
the fundamental conventions, namely The Forced Labour Convention, 1930; Abolition of Forced
Labour Convention, 1957; Minimum Age Convention, 1973; Worst Form of Child Labour
Convention, 1999; Equal Remuneration Convention, 1951 and Discrimination (Employment and
Occupation) Convention, 1958.

1
ILO, (2017). International Labour Organization. [online] Available at: https://libguides.ilo.org/labour-law-en
[Accessed 12 Sep. 2019].
2
Maity, A. (1979). Forced Labour in India: A Note. [online] jstor. Available at:
http://www.jstor.org/stable/27768549 [Accessed 12 Sep. 2019].
 FORCED LABOUR
The definition of forced labour under the Article 2, The Forced Labour Convention, 1930
includes:-

“any work or service extracted from any person under the menace of any penalty and
for which the said person has not offered himself voluntarily.”

The definition provided in the Indian jurisprudence is also similar.3

CONVENTIONS TO DEAL WITH FORCED LABOUR

HISTORICAL BACKGROUND
Forced labour in India is as old as Indian history itself. It is a memento of the colonial and the
feudal system. The system existed mainly in the areas of agriculture, industries, plantations and
mining.4 The system then shifted to contract labour (including debt bondage), who eventually
became forced labour as they didn’t have any proper rights or bargaining powers. The
government tried to check this system by enacting the Contract Labour (Regulation and
Abolition) Act, 1970. This combined with the Article 23 of the Constitution and Section 374 of
the Indian Penal Code are the major steps taken by the Indian Government to abolish forced
labour.

3
The Indian Labour Year Book. (1950). Ministry of Labour, p.267.
4
Chitnis, G. (1954). Forced Labour in India. Trade Union Publication Series no. 4, p.376.
LEGAL PROVISIONS AS TO FORCED LABOUR
India, being a welfare state, has prohibited forced labour in any form and human trafficking in its
constitution itself, under Article 23.

Further, Section 374 of the Indian Penal Code provides for punishing any person who compels
another to labour against his will. The Bonded Labour System Abolition Act, 1976 additionally
put a responsibility on the state governments to monitor any labour violations.

JUDICIAL ACTIVISM
In Asiad Worker’s case5 the court stated that forced labour includes both paid and unpaid
workers whose services are extracted forcefully and has further included the labourers receiving
remuneration below minimum wages under this definition.

In Sanjit Ray v. State of Rajasthan6, the Supreme Court stopped the state from extracting
labour by paying less than minimum wages in the name of public utility services.

In Bandhua Mukti Morcha v. Union of India 7, the Supreme Court iterated that it is an
obligation on the Government to protect the weaker section of the society; particularly those who
can’t protect themselves against their oppressors. Further the court read DPSP with Section 21 to
state that right to live with dignity should be made available to workers.

In Neerja Choudhary v. State of MP8, the Supreme court took a step forward and stated that it
is the duty of the state to rehabilitate freed forced (particularly bonded) labour. By not doing so,
the state clearly violates the fundamental rights under Article 21 and 23.

PRIORITIES9
India in association with the ILO, has come up with seven priorities to be achieved by 2022,
these would also help in eradicating forced labour. These include:-

1. Strengthening institutions to provide for employment, basic services, etc.

2. Provision of improved healthcare, sanitation, etc.

5
AIR 1982 S.C. 1473, Referred to Bailey v. Alabama, (1911)219U.S.207.
6
1983 AIR 328
7
AIR 1984 S.C. 802
8
AIR 1984 S.C. 1099
9
ILO, (2018). ILO in India. [online] Available at: https://www.ilo.org/newdelhi/aboutus/lang--en/index.htm
[Accessed 12 Sep. 2019].
 3. Improved education
4. Improved nutrition
5. Improved environmental and natural resource management
6. Increased opportunities of decent jobs
7. Advanced social, economic and political rights.

ANALYSIS
Forced labour may be viewed as a result of social, economic and cultural factors in India.
Although there is enough framework in place to curb the problem of forced labour, but the
problem exists in implementation. The problem arises mainly because of the following two
reasons:-

1. No actual statistics available as to forced labour as they are difficult to track,

2. Trafficking is present in many parts of the Country.

RECOMMENDATION
1. Conduction of comprehensive and independent national surveys to identify the forced
labourers.
2. All the local and national authorities responsible for implementation of laws should be
trained properly.
3. Prosecution should be initiated against people who use forced labour and convictions for
such offence should be made public.
4. Launch nationwide campaigns explaining the consequences and recourse surrounding
forced labour.

CONCLUSION
The prohibition on forced labour in India is imposed by the Indian Constitution and other
legislations, namely the Bonded Labour System (Abolition) Act, 1976 and the Immoral Traffic
Prevention Act, 1986. However, even after around 30 years, The Human Rights Watch has
presented a report showing that the goal of eradicating forced labour and identifying, freeing, and
rehabilitating forced and bonded labourers has not been met. 10 It needs to be understood that such
10
Chauhan, G. (2016). Bonded Labour. [online] Manupatrafast. Available at:
https://www.manupatrafast.com/articles/PopOpenArticle.aspx?ID=66e6db94-96c5-4b75-8e80-
rehabilitation is necessary, because without it there would be a threat of such labourers again
falling prey to forced labour.

Even though the Supreme Court has set new constitutional standards by making it the state’s
duty to bring new socio- economic order with socio-economic justice at a time when the
government failed to take any concrete action; it is mandatory that the government, both state
and the central should start taking affirmative action on the aforementioned recommendations.

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