HUMAN RIGHTS PROJECT

on

Modern Forms of Slavery

SUBMITTED TO:

SUBMITTED BY:

1
 ACKNOWLEDGEMENT

Firstly, I would like to express my special gratitude to my teacher who gave me the
opportunity to work on the topic, Modern Forms of Slavery, which enabled me to do a lot of
research relating to human rights as a result of which I came to know about so many new
things. Secondly, I would like to thank my parents and friends who helped me a lot in
finishing this project within the limited time. 
 TABLE OF CONTENTS

STATEMENT OF PROBLEM..............................................................................................................4

INTRODUCTION.................................................................................................................................5

MODERN SLAVERY..........................................................................................................................6

FORMS OF 21st century SLAVERY.....................................................................................................7

FORCED LABOUR AND BONDED LABOUR..........................................................................................8

FORCED LABOUR...........................................................................................................................8

BONDED LABOUR..........................................................................................................................9

STUDY ON BONDED LABOUR IN INDIA’S BRICK KILNS.................................................................11

ILO STANDARDS ON FORCED LABOUR.........................................................................................12

THE NEW PROTOCOL AND RECOMMENDATION AT A GLANCE...................................................12

HUMAN TRAFFICKING......................................................................................................................18

Analysis of Human Trafficking Crimes in India.............................................................................19

Analysis of Trafficking of Persons (Prevention, Protection and Rehabilitation) Bill, 2016 -DRAFT
.....................................................................................................................................................20

FORCED AND EARLY MARRIAGE......................................................................................................22

BRIDAL SLAVES OF INDIA.............................................................................................................23

CHILD SLAVERY................................................................................................................................24

CHILD SLAVERY IN INDIA:.............................................................................................................25

DESCENT-BASED SLAVERY...............................................................................................................27

CASTE-BASED SLAVERY IN INDIA..................................................................................................27

CONCLUSION...................................................................................................................................29

REFERENCES....................................................................................................................................30
STATEMENT OF PROBLEM
 INTRODUCTION

Slavery did not end with abolition in the 19th century. It is in fact, still prevailing in different
forms and is even bigger than ever.

From women forced into prostitution, children and adults forced to work in agriculture,
domestic work, or factories and sweatshops producing goods for global supply chains, entire
families forced to work for nothing to pay off generational debts; or girls forced to marry
older men, the illegal practice still blights contemporary world.

According to the International Labour Organisation (ILO) around 21 million men, women
and children around the world are in a form of slavery.As the concepts of forced labour,
human trafficking and slavery are closely related, in this project, the definition of“MODERN
SLAVERY” is used to cover all those practices together.
 MODERN SLAVERY

Slavery was first defined in the UN 1926 Slavery Convention (Art. 1) as “the status or
condition of a person over whom any or all of the powers attaching to the right of ownership
are exercised.” In 1956, the United Nations Supplementary Convention on the Abolition of
Slavery, the Slave Trade, and Institutions and Practices Similar to Slavery, built upon the
1926 definition of slavery to include debt bondage, serfdom, the selling of women by
relatives for marriage, and the situation of parents or guardians delivering a child to another
person with the view to the exploitation of his labour.

There are many different characteristics that distinguish slavery from other human rights
violations, however only one needs to be present for slavery to exist. Someone is in slavery if
they are:

 forced to work - through mental or physical threat;

 owned or controlled by an 'employer', usually through mental or physical abuse or the

threat of abuse;

 dehumanised, treated as a commodity or bought and sold as 'property';

 physically constrained or has restrictions placed on his/her freedom of movement.

Contemporary slavery takes various forms and affects people of all ages, gender and races.
 FORMS OF 21st century SLAVERY

Slavery, a practice successfully eradicated in the 19th century, is today a flourishing

underworld, generating a whopping $150 billion in illegal profits each year, according to the
International Labour Organization (ILO). The various faces of Slavery today include:

• Forced Labour and Bonded Labour

• Human Trafficking

• Forced and Early marriage

• Child Slavery(Worst forms of child labour)

• Descent-based slavery

• The exploitation of migrant workers in conditions amounting to slavery

Many forms of slavery involve more than one element or form listed above. For example,
trafficking often involves an advance payment for the trip and organising a promised job
abroad which is borrowed from the traffickers. Once at the destination, the debt incurred
serves as an element of controlling the victims as they are told they cannot leave the job until
the debt is paid off.
 FORCED LABOUR AND BONDED LABOUR

FORCED LABOUR

Forced labour is any work or services which people are forced to do against their will under
the threat of some form punishment. Almost all slavery practices, including trafficking in
people and bonded labour, contain some element of forced labour.

Forced labour affects millions of men, women and children around the world and is most
frequently found in labour intensive and/or under-regulated industries, such as:

 Agriculture and fishing

 Domestic work
 Construction, mining, quarrying and brick kilns
 Manufacturing, processing and packaging
 Prostitution and sexual exploitation
 Market trading and illegal activities

WHERE AND HOW BIG IS THE PROBLEM?

Forced labour is a global problem, although some regions have larger numbers of people
affected than others.  The regional distribution of forced labour is:

 Asia and Pacific: 11.7 million (56%)

 Africa: 3.7 million (18%)
 Latin America and the Caribbean: 1.8 million (9%)
 The Developed Economies (US, Canada, Australia, European Union, Japan,
Australia, New Zealand): 1.5 million (7%)
  Central, Southeast and Eastern Europe (non EU) and the Commonwealth of
Independent States (CSEE): 1.6 million (7%)
 Middle East: 600,000 (3%)

The International Labour Organization (ILO) estimates that there are at least 20.9 million
people in forced labour worldwide. The figure means that, at any given point in time, around
three out of every 1,000 persons worldwide are suffering in forced labour. 

WHY IS THERE A PROBLEM?

In around 10 per cent of cases the State or the military is directly responsible for the use of
forced labour. Notable examples where this takes place are Uzbekistan, Burma, North
Koreaand China. However, in the vast majority of cases forced labour is used by private
individuals who are seeking to make profits from the exploitation of other people. Victims of
forced labour are frequently from minority or marginalised groups who face institutionalised
discrimination and live on the margins of society where they are vulnerable to slavery
practices. 

BONDED LABOUR

Bonded labour is the most widespread – yet the least known - form ofslavery in the world. A
person becomes a bonded labourer when their labour is demanded as a means of repayment
for a loan. The person is then tricked or trapped into working for very little or no pay. The
value of their work becomes invariably greater than the original sum of money borrowed.
Often the debts are passed onto the next generations.

Many bonded labourers are forced to work to repay debts their employer says they owe, and
they are not allowed to work for anyone else. Violence and threats can be used to coerce them
to stay, and in some cases they are kept under surveillance – sometimes under lock and key. 
WHERE AND HOW BIG IS THE PROBLEM?
Bonded labour has existed for hundreds of years. Debt bondage was used to trap indentured
labourers into working on plantations in Africa, the Caribbean and South-East Asia,
following the abolition of the Transatlantic Slave Trade.

In South Asia it still flourishes in agriculture, brick kilns, mills and factories. In the Punjab
region of India thousands of men, women and children are forced to work as bonded
labourers in quarries and brick kilns where they receive little or no pay in return for a loan
typically used for survival, including medical costs. 

WHY DOES BONDED LABOUR EXIST?

Bonded labour exists because of the persistence of poverty, widespread discrimination
making large groups of people vulnerable to exploitation and the existence of people who are
prepared to exploit the desperation of others. The need for cash for daily survival forces
people to sell their labour in exchange for a lump sum of money or a loan. In South East Asia
bonded labour is rooted in the caste system and predominately affects Dalits (the lowest caste
called ‘Untouchables’).

Despite the fact that bonded labour is illegal governments are rarely willing to enforce the
law, or to ensure that those who profit from it are punished. Widespread discrimination
against some social groups means they have limited access to justice, education and ways to
get themselves out of poverty which is one of the main reasons the debt is taken in the first
place. 
STUDY ON BONDED LABOUR IN INDIA’S BRICK KILNS
Brick kiln labourers form a large portion of workers in the informal sector in India. Workers,
who are usually from the poorest sections of Indian society, are recruited against a loan by
labour contractor or employer, which they have to repay by working for them. However, as
they lose control over the debt and cannot leave until the employer decides when it’s paid off,
they cannot realistically leave the ‘employment’. 

Despite being illegal, bonded labour is endemic within the brick industryin India. Because the
kilns are considered part of the informal sector and operate without government’s oversight,
kiln workers do not enjoy the rights and entitlements that workers in formal sectors benefit
from.

Brick manufacturing is an important industry in Punjab, Haryana and Chandigarh. Although

these states are not among the poorest in India, kiln workers remain one of the most
vulnerable and overlooked. Most kiln workers in these states are internal migrants, recruited
from poorer states such as Chhattisgarh, Bihar, Uttar Pradesh and Rajasthan, and are
predominantly members of castes such as Dalits and indigenous groups that are commonly
discriminated against.The debts can be passed on from generation to generation. Workers are
recruited and offered an advance, against which their earnings are deducted. However, they
are not paid a salary or wage, as the money services the debt, and they have no idea until the
end of the season how much they are entitled to receive or if they still “owe” the kiln owners.
Even though a verbal agreement is usually made with the male head of household (there is no
formal contract), the whole family, including young children, has to work long hours in the
kilns to meet the targets. As they often take new loans to clear past debts, most workers are in
perpetual bondage.

The working and living conditions are sometimes extremely harsh. As workers usually live
within the kiln, there are high levels of hazardous substances such as arsenic, burnt plastic
and dust. Workers, including children, are frequently injured at work. The average working
day consists of 15-16 hours and the great majority of children do not attend school or have
any play time. The accommodation is usually overcrowded, commonly with several families
living together in one single room, with outdoor toilets.
Violence against the workers, including beatings and abductions of family members, is
common, especially when labourers seek help. Women are also particularly vulnerable to
abuse and sexual violence.

Kiln workers have little or no knowledge of their basic rights, entitlements and bonded
labour prohibitions. Being from the most vulnerable segments of society and lacking
organisation, bonded labourers remain “invisible” to the authorities.

ILO STANDARDS ON FORCED LABOUR

The Forced Labour Convention, the full title of which is the Convention Concerning

Forced or Compulsory Labour, 1930 (No.29), is one of eight ILO fundamental
conventions of the International Labour Organization. The Convention commits parties to
prohibit the use of forced labour, admitting only five exceptions to it. Its object and purpose
is to suppress the use of forced labour in all its forms irrespective of the nature of the work or
the sector of activity in which it may be performed. The Convention defines forced labour as
"all work or service which is exacted from any person under the menace of any penalty and
for which the said person has not offered himself voluntarily".

The Convention was adopted in Geneva 28 June 1930 and came into force on 1 May 1932.
By the end of 1932 ten countries had ratified the convention (Japan, Bulgaria, Spain, Norway,
Denmark, Australia, Sweden, United Kingdom, Liberia, and Ireland). India ratified the
convention in 30 Nov 1954.As of 2016, the Convention has been ratified 178 of the 187 ILO
members. The ILO members that have not ratified the convention are:

  Afghanistan
  Brunei
  China
  Marshall Islands
  Palau
  South Korea
  Tonga
  Tuvalu
  United States

THE NEW PROTOCOL AND

RECOMMENDATION AT A GLANCE
 P029 - Protocol of 2014 to the Forced Labour Convention, 1930
In June 2014, International Labour Conference voted overwhelmingly in favour of adopting a
new Protocol to the Forced Labour Convention, 1930 (No. 29), as well as a Recommendation
that supplements both the Protocol and Convention No. 29. The protocol was named P029,
Protocol of 2014 to the Forced Labour Convention, 1930. The Protocol was adopted with 437
votes in favour, 8 against and 27 abstentions (there are 3 votes per member state: one for the
government, one for employees, and one for employers). The Government ofThailandwas the
only state to vote against adoption,though it reversed its position a few days later.On 14 May
2015, Niger became the first state to ratify the 2014 Protocol. It has also been ratified
by Norway, Mauritania and the United Kingdom.

The Protocol and Recommendation give new impetus to the global fight against all forms of
forced labour, including trafficking in persons and slavery-like practices.

Important Provisions in the New Protocol

Article 1

 1. In giving effect to its obligations under the Convention to suppress forced or compulsory labour,

each Member shall take effective measures to prevent and eliminate its use, to provide to victims, protection and

access to appropriate and effective remedies, such as compensation, and to sanction the perpetrators of forced or

compulsory labour.

 2. Each Member shall develop a national policy and plan of action for the effective and sustained

suppression of forced or compulsory labour in consultation with employers’ and workers’ organizations, which

shall involve systematic action by the competent authorities and, as appropriate, in coordination with employers’

and workers’ organizations, as well as with other groups concerned.

 3. The definition of forced or compulsory labour contained in the Convention is reaffirmed, and

therefore the measures referred to in this Protocol shall include specific action against trafficking in persons for

the purposes of forced or compulsory labour.

The Protocol [Art. 1(3)] reaffirms the definition of forced labour in Convention No. 29. It
confirms that this definition encompasses situations of trafficking for forced labour by
explicitly requiring that measures taken under the Protocol include specific action against
trafficking in persons for the purposes of forced or compulsory labour which may also
involve sexual exploitation.

1. Effective measures to suppress forced labour

Article 1, paragraph 1, of the Protocol sets out its central requirement: In giving effect to its
obligations under Convention No. 29 to suppress forced or compulsory labour, each Member
must take effective measures to prevent and eliminate its use, to provide to victims protection
and access to appropriate and effective remedies, such as compensation, and to sanction the
perpetrators of forced or compulsory labour.

While reaffirming Convention No. 29’s fundamental obligation to suppress all forms of
forced or compulsory labour, the Article emphasizes that in fulfilling this obligation,
Members must take measures of prevention, protection and remedy, as well as to punish
perpetrators.

2. National Policy coherence, consultationand coordination

The development of a comprehensive national strategy on forced labour and an appropriate

institutional framework for its implementation can strengthen the impact of measures taken
against forced labour. The Protocol encourages such policy coherence by requiring Members
to develop a national policy and plan of action on forced labour [Art. 1(2)].

Consultation and exchange of information between representatives of governments,

employers and workers as well as engagement with other key stakeholders can also play an
important role in ensuring the effectiveness of measures. Under the Protocol, the national
policy and plan of action must be developed in consultation with employers’ and workers’
organizations [Art. 1(2)]. More generally, measures taken to apply the provisions of the
Protocol and Convention No. 29 are to be determined by national laws or regulations or by
the competent authority, after consultation with organizations of employers and workers
concerned [Art. 6].

Article 2
The measures to be taken for the prevention of forced or compulsory labour shall include:

 (a) educating and informing people, especially those considered to be particularly vulnerable, in order

to prevent their becoming victims of forced or compulsory labour;

 (b) educating and informing employers, in order to prevent their becoming involved in forced or

compulsory labour practices;

  (c) undertaking efforts to ensure that:

 (i) the coverage and enforcement of legislation relevant to the prevention of forced or

compulsory labour, including labour law as appropriate, apply to all workers and all sectors of the

economy; and

 (ii) labour inspection services and other services responsible for the implementation of this

legislation are strengthened;

 (d) protecting persons, particularly migrant workers, from possible abusive and fraudulent practices

during the recruitment and placement process;

 (e) supporting due diligence by both the public and private sectors to prevent and respond to risks of

forced or compulsory labour; and

 (f) addressing the root causes and factors that heighten the risks of forced or compulsory labour.

3. Prevention

Article 2 of the Protocol sets forth an overall strategy for the prevention of forced labour,
outlining measures that Members must put in place in several specific areas.

4. Awareness-raising

The Protocol requires two different types of awareness-raising measures.

First, Members must educate and inform the general public – and especially those considered
particularly vulnerable to forced labour – in order to prevent their becoming victims (Art.
2(a)). The Preamble of the Protocol notes that certain sectors of the economy are particularly
vulnerable and that certain groups of workers have a higher risk of becoming victims,
particularly migrants. Targeting these groups can prevent them from being caught up in
forced labour situations, while sensitizing the general public can both help toprevent and
encourage the identification of forced labour situations.
Second, Members must educate and inform employers in order to prevent their becoming
involved in forced or compulsory labour practices (Art. 2(b)). For example, providing
employers with information about possible indicators of forced labour may help to prevent
forced labour situations from arising in the first instance.concerned (Art. 1(2)), which could
include,for example, other civil society organizations.

5. Legislation and its enforcement, including labour law and

administration

The effective enforcement of criminal law can deter forced labour violations, but other types
of legislation are also relevant to prevention. The Protocol requires Members to undertake
efforts to ensure that the coverage and enforcement of such legislation, including labour law
as appropriate, apply to all workers and sectors of the economy (Art. 2(c)(i)) – so that certain
vulnerable groups are not left unprotected.

Relatedly, the Protocol also requires Members to undertake efforts to strengthen labour
inspection services and other services responsible for the implementation of this legislation
(Art. 2(c)(ii)).

6. Protection from abusive and fraudulent recruitment practices

Certain workers, including Migrant workers may be particularly vulnerable to abuses

committed during the recruitment process that can result in forced labour situations. Such
abuses can include, debt process linked to repayment of recruitment fees, illegal wage
deductions, retention of passports, threats if workers want to leave their employers and
deception about the nature and conditions of work. Ensuring fair and transparent recruitment
and placement practices are key in preventing forced labour.

The Protocol establishes that measures to prevent forced labour must include protecting
persons, particularly migrant workers, from possible abusive and fraudulent practices during
the recruitment and placement process(Art. 2(d)).

7. Due diligence by the public and private sectors

The exercise of due diligence by both the State and the private sector can help to mitigate
forced labour risks.
Given these risks, States should encourage and, where appropriate, require human rights due
diligence by the public agencies themselves and by those business enterprises or projects
receiving their support.

Accordingly, the Protocol calls for Members to take measures to support due diligence by
both the public and private sectors to prevent and respond to risks of forced or compulsory
labour (Art. 2(e)).

8. Addressing root causes and factors

The Protocol (Art. 2(f)) requires that Members take measures to address the root causes and
factors that heighten the risks of forced or compulsory labour. Such root causes could
include, for instance, poverty,discrimination, climate of impunity, as well as inappropriate
labour migration policies.

9. Protection and non-punishment of victims

The protection of victims has multiple dimensions. Victims not only need to be identified and
removed from situations of forced labour but also provided with the means to recover from
their experiences of exploitation.

Comprehensive protection measures not only facilitate the recovery of victims but can
prevent their re-victimization and encourage them to ascertain their rights in legal
proceedings against their exploiters.

The Protocol requires Members to take effective measures for the identification, release,
protection, recovery and rehabilitation of all victims of forced or compulsory labour, as well
as the provision of other forms of assistance and support (Art. 3).

10.Remedies, such as compensation and access to justice

The provision of effective remedies serves multiple purposes. A remedy such as

compensation, for instance,can play an important role in the recovery of victims and can
prevent their re-victimization. Ordering perpetrators to pay compensation also serves as a
form of punishment that can deter would-be offenders. Other possible remedies include
access to justice and rehabilitation, further underscoring the link between protection and
remedy.

11.International cooperation
Cooperation between and among Members in combating forced labour, including trafficking
for forced labour is essential given its global and cross-border dimensions. Accordingly, the
Protocol (Art. 5) requires that each Member cooperate with each other to ensure the
prevention and elimination of all forms of forced or compulsory labour.

HUMAN TRAFFICKING

Human trafficking involves men, women and children being brought into a situation of
exploitation through the use of violence, deception or coercion and forced to work against
their will. People can be trafficked for many different forms of exploitation such as forced
prostitution, forced labour, forced begging, forced criminality, domestic servitude, forced
marriage, forced organ removal.

When children are trafficked, no violence, deception or coercion needs to be involved: simply
bringing them into exploitative conditions constitutes trafficking.

WHERE AND HOW BIG IS THE PROBLEM?

Because  many trafficked persons are never identified, it is difficult to get accurate statistics
on the numbers affected, but the International Labour Organization (ILO) estimates that
worldwide, at any one time there are some 2.5 million people who have been trafficked and
are being subjected to sexual or labour exploitation.

Although trafficking for sexual exploitation gets most of attention, most of all trafficked
people are used exclusively for labour exploitation.
Many individuals who are trafficked are seeking to escape poverty and discrimination,
improve their lives and send money back to their families. Often they get an offer of a well-
paying job abroad or in another region through family, friends or recruitment agencies. But
when they arrive in the place of destination, they find that the work they were promised does
not exist and they are forced instead to work in jobs or conditions to which they did not
agree.

Analysis of Human Trafficking Crimes in India

Following provisions related to human trafficking are implemented so far in India:

i) Importation of girls from foreign country (Sec. 366B IPC)

ii) Procuration of minor girls (section 366-A IPC)

iii) Buying of minors for prostitution (section 373 IPC)

iv) Selling of minors for prostitution (Section 372 IPC)

v) Immoral Traffic (Prevention) Act 1956

vi) Human trafficking (section 370 & 370A IPC), after enactment of the Criminal Law
(Amendment) Act 2013

A trend line of incidents of human trafficking shows a rising trend during the period from
2009 – 2014. A total of 2,848 cases were reported in 2009 which rose to 3,422 cases in 2010.
It further rose to 3,517 cases in 2011, 3,554 cases in 2012, 3,940 cases in 2013 and 5,466
cases in 2014.
Trend of incidents of human trafficking in India during 2009 – 2014

National Crime Records Bureau data for 2015 indicates that Assam and West Bengal account
for 40 per cent of all crimes related to human trafficking in the country. Assam recorded the
highest number (1,494) cases of human trafficking — 21.7 per cent of all cases recorded
across the country in 2015.Assam is followed by its neighbour West Bengal, which has three
times the population of Assam, recorded 1,255 cases (18.2 per cent of all such crimes
nationwide) pertaining to human trafficking in the same period.National Crime Records
Bureau (NCRB) data for 2015 also finds 74 per cent cases of procuration of minor girls
pertain to the two states namely, Assam and West Bengal.

Analysis of Trafficking of Persons (Prevention, Protection and

Rehabilitation) Bill, 2016 -DRAFT

In 2015, Ministry of Women and Child Development, unveiled a draft of the country's first-
ever comprehensive anti-human trafficking law, which would treat survivors as victims in
need of assistance and protection rather than as criminals.The draft bill aims to unify existing
anti-trafficking laws, prioritise survivors' needs, and prevent victims such as those found in
brothel raids from being arrested and jailed like traffickers. The draft legislation provides for
special courts to expedite trafficking cases, more shelters and a rehabilitation fund to help
victims rebuild their lives.

It also provides for anti-trafficking committees - at district, state and central levels - that will
oversee prevention, protection and victim rehabilitation. There are also provisions for the
recovery of fines from the convicted in the draft bill, and victims who are not paid wages
while in servitude will be reimbursed.The draft bill makes providing narcotic drugs or alcohol
for the purpose of trafficking, and using chemical substances or hormones for purposes of
exploitation offences.
Critical Review of the Proposed Draft

In my opinion, It’s like being given just one half of a book. The story suddenly stops, with no
hope of finding out how it will progress.The draft bill stipulates the formation of anti-
trafficking committees at the district and central level to deal with trafficking victims after
they are rescued, a central anti-trafficking advisory body and a special investigating agency.

But none of these bodies are actually tasked with any work, except for this vague outline for
the scope of a district anti-trafficking committee for exercising the powers and performing
such functions and duties in relation to prevention, rescue, protection, medical care,
psychological assistance, skill development, need based rehabilitation of victims as may be
prescribed.

The draft bill also needs to address the fact that trafficking occurs for different purposes –
sexual exploitation, physical labour and domestic work, etc. Right now, all of it is clumped
together under one umbrella term of ‘prevention, protection and rehabilitation’. But it is
necessary to take into account the different contexts that these victims come from.

Inherent in this situation is another problem, Protection from trafficking should also be for
persons who willingly seek employment but are misled about its nature. Many cases reported
include that of when people are not paid salaries, kept locked up in the house, not allowed to
speak to anyone else etc. The law should ideally include protection for such people too.
 FORCED AND EARLY MARRIAGE

Marriage involving children under 18-years-old remains a widely culturally accepted practice
in many corners of the globe. UNICEFestimates that 11% of women worldwide were married
before reaching the age of 15. Although boys can be affected by the practice, it is mostly girls
who suffer slavery as a consequence of child marriage.

However, many marriages involving children will not amount to slavery, particularly
between couples aged 16 to 18 years. However, child marriage can also obscure what are
actually cases of slavery or slavery-like practices.

Child marriage can be referred to as slavery, if one or more of the following elements are
present:

 If the child has not genuinely given their free and informed consent to enter the
marriage;

 If the child is subjected to control and a sense of “ownership” in the marriage itself,
particularly through abuse and threats, and is exploited by being forced to undertake
domestic chores within the marital home or labour outside it, and/or engage in non-
consensual sexual relations; 
  If the child cannot realistically leave or end the marriage, leading potentially to a
lifetime of slavery.

Children are in a weaker position to give free, full and informed consent to marriage than
adults, even if they appear to ‘agree’ or don’t express refusal. Many children have little or no
control over their movements or person within marriage, including over sexual relations.
Girls in particular are commonly controlled through violence, threats and humiliation, as well
as experiencing isolation and loneliness.
Children may not realistically be able to leave their marriage. For example, they may not be
able to support themselves financially or may fear repercussions from in-laws and the wider
community, as well as their own families.Girls who leave their marriages without support are
often vulnerable to other forms of slavery and exploitation. 

BRIDAL SLAVES OF INDIA

Abortion of female foetuses have led to a gender imbalance across the country. The national
average is 927 women for 1,000 men.As many men cannot find women to marry, bride
trafficking has become prevalent. Girls are bought from their families in other states when
they are still young and married to local men.They are often badly treated both within the
home and in the wider community where they are seen as outsiders.

Haryana has a great gender difference and is hence known as the destination for bride
trafficking.  It is an area where female children are considered a financial burden and cases of
female infanticide and foeticide are common practices which lead to the imbalance in the sex
ratio. This leads to men not being able to find wives. So, the men in Haryana started the
practice of buying, sharing and selling and re-selling wives. Women are not treated as human
beings but rather as a commodity.

The traffickers target the poorest villages in India - usually in states like Jharkhand,
Chhattisgarh, Bihar, Orissa, Assam and West Bengal - to source the women.Many traffickers
operate behind the facade of "match-making bureaus" who claim to arrange weddings. They
mostly avoid being caught because of lax law enforcement by the police and rare chances of
abused women lodging complaints.

Bride trafficking can be the primary purpose of trafficking or it could be a by-product. The
brides can be used for a combination of purposes. They could be enticed with false promises
of a good job or an attractive lifestyle. Those who are at maximum risk are the Dalits and
Tribals. This is because the traffickers target the most vulnerable i.e. the poor, the
marginalized and the displaced.

CHILD SLAVERY

Despite the fact that many people believe that slavery no longer exists, the International
Labour Organization (ILO) estimated that there are some 5.5 million children in slavery or
practices similar to slavery.

This group of children includes:

 Children who are used by others who profit from them, often through violence, abuse
and threats, in prostitution or pornography, illicit activities, such as forced begging,
petty theft, and the drug trade;

 Forced child labour, for example in agriculture, factories, construction, brick kilns,

mines, bars, restaurants or tourists environment;

 Children who are forced to take part in armed conflict. They don't only include child
soldiers but also porters or girls taken as “wives” for soldiers and militia members.
According to UNICEF there are about 300,000 child soldiers involved in over 30
areas of conflict worldwide, some even younger than 10 years old. Children involved
in conflict are severely affected by their experiences and can suffer from long-term
trauma;
  Child domestic workers, many of whom are forced to work long hours, in hazardous
and often abusive environments, for little or no pay, and often far from home.

HOW BIG IS THE PROBLEM?

 There are 168 million child labourers aged between 5 and 17 years old (ILO 2012).
This is considerably less than estimated 215 million in 2008.

 Around five per cent of child labourers are estimated to be in the worst forms of child
labour (ILO 2010).

 Worldwide, 5.5 million children are in slavery, trafficking, debt bondage and other
forms of forced labour, forced recruitment for armed conflict, prostitution,
pornography and other illicit activities (ILO 2012).

CHILD SLAVERY IN INDIA:

In 2014, India made a moderate advancement in efforts to eliminate the worst forms of child
labour. The Government implemented its National Child Labour Project to assist child
labourers through the provision of loans and alternative livelihoods, and several social
protection programs to address the root causes of child labour. The Ministry of Home Affairs
also launched an online human trafficking portal to coordinate efforts of state and national
government agencies. However, children in India are engaged in child labour, including in
agriculture and manufacturing. Basic legal protections for children remain weak. Legislation
to prohibit work by all children under the age of 14 and to proscribe hazardous work for
children under age 18 was approved by the Prime Minister's Cabinet in 2012, but it has yet to
be passedby Parliament.

1. National Child Labour Project (NCLP)

The government initiated the NCLP in 1988. Its purpose was to rehabilitate working children
in 12 child labour endemic districts of the country. Under the XIth plan it has been extended
to 271 districts. The NCLP focuses on the rehabilitation of children working in hazardous
industries. The aim is to mainstream these working children into formal schooling system
through special schools and rehabilitation centres.

The special schools/Rehabilitation Centres provide:

1. Non-formal/bridge education
2. Skilled/vocational training
3. Mid-Day Meal
4. Stipend @ Rs.150/- per child per month.
5. Health care facilities through a doctor appointed for a group of 20 schools

At present there are 6000 special schools under NCLP scheme and currently more than 10
lakh children have been mainstreamed into the formal education system under the Scheme .
Children in age group of 5-8 are directly mainstreamed in formal schools and those in age
group of 9-14 years through special schools started under NCLP. The entire scheme is funded
by the central government, Ministry of Labour and Employment.

2. Grants-In-Aid Schemes

The Ministry of Labour has been financing, since 1981-82, voluntary organizations by way of
grant-in aid for taking up action oriented projects for the benefit of child labour and women
labour. The working children are deprived of the basic requirements for their development,
such as, education, health-care, nutrition etc. The purpose underlying the Scheme is to
identify child labour and to make available welfare inputs to them through voluntary
organizations. Funds under GIA Scheme are sanctioned directly to NGO for elimination of
Child Labour in districts not covered by NCLP Scheme. Under the scheme voluntary
agencies are given financial assistance by the Ministry of Labour on the recommendation of
the State Government to the extent of 75% of the project cost for the rehabilitation of
working children. The remaining 25% of the cost including the non-recurring cost, if any,
will have to be borne by the organization concerned.

Policy Implication and Suggestions

There are effective systems in place to monitor the impacts of NCLP schools, but not so with
the schools under the GIA scheme for non-NCLP districts. Yet, considering the incidence of
child labour and the slow progress in terms of mainstreaming, the number and districts
covered under NCLP scheme have to be extended in the future.

More frequent surveys of child labour are also required. As per the provisions of the GIA
scheme, it does not provide financial assistance for land, buildings and capital assets like
computers, typewriters, vehicles etc. Thus the assistance is highly inadequate. The stipend is
merely RS. 100 per month per child. The assistance for schools under GIA is only limited to
5 years. This needs to be extended depending upon the outreach and progress made by the
school. Audit and inspection of special schools needs to be done. Over and above this, it must
be stressed that both NCLP and GIA schemes have further scope to expand their activities.
More so the problem of home-based child labour that remains hidden is not covered by either
scheme and unfortunately unaddressed.

DESCENT-BASED SLAVERY

Descent-based slavery describes a situation where people are born into a 'slave class', caste or
a group viewed as being in slavery by other members of their society.  If one’s mother is in
slavery, one is born into slavery. 

People born into slavery face a lifetime of exploitation. They are forced to work without pay
for their so-called ‘masters’ throughout their lives, primarily in herding cattle, working on
farmland or as domestic servants.

They are treated as property by their ‘masters’. They can be inherited, sold or given away as
gifts or wedding presents. Any children born are automatically considered property of the
‘masters’ and can be taken away from their mother at an early age.
They often suffer from degrading treatment, are excluded from education and politics, and
are not allowed to own land or inherit property. Often they can’t even choose who they want
to marry, and are certainly unable to marry outside of their caste. 

Girls are typically sexually abused by men in the household and may be forced to marry at a
young age. Many young girls and women are sold into sexual and domestic slavery as the
unofficial wives to wealthy men known as ‘wahaya’.
Those who escape slavery also face ongoing discrimination because they are part of the
‘slave’ caste and therefore have few opportunities for employment away from their ‘master’.
Even though slavery is prohibited by international law, descent-based slavery can be so
culturally ingrained in a society that challenging its existence is very difficult.

Descent-based slavery exists in countries that have strict hierarchical social structures. People
in slavery and their descendants are at the very bottom of the caste system and suffer
discrimination because of their place on the social ladder. Today this type of slavery persists
in West African countries including Niger, Mauritania and Mali.

CASTE-BASED SLAVERY IN INDIA

Caste-based slavery is a form of bondage based on work and descent, which is carried on for
generations by members of the same occupational caste. In South Asia this form of slavery
affects Dalits as a social group, and is closely linked to religious, cultural, and caste-based
social relationships, as well as skewed land-ownership patterns. In some African countries
similar forms of caste-based slavery exist e.g. in Mauritania, Niger, Mali and Chad.

A range of ILO studies on bonded labour relations reveal the link between the social
hierarchies of caste and relationships of bondage, which leaves Dalits, tribal groups, women
and children the main targets of exploitation. Bondage is usually passed on from one
generation to another and Dalits are often deprived of other options. Other reports by Anti-
Slavery Internationalshow how caste-based occupations include degrading practices such as
manual scavenging and certain systems of forced prostitution, especially in India and Nepal.
Dalits risk discrimination, abuse and economic and social ostracism if they refuse to
subjugate. For Dalits, bonded labour is an entrapment with little chance of escape.
 CONCLUSION

Poverty creates 21st century slavery without exception.Thus, only permanent solution is to
eliminate or reduce poverty. People movements is largely driven by either conflict or poverty,
both lead to conditions which foster modern slavery. Tackling just the visible head, as many
NGOs are doing, leaves room for the roots to keep recreating the problem. The problem is
often systematic methods employed by local power holders to exploit the weak resulting in
abject poverty. Most often, Governments are not the source of these phenomena. They are
barred from intervening the private sphere when abuses come from private citizens and not
public bodies or authorities.

The slaves existing in this modern advanced world live in plain view in an almost parallel
universe interwoven in a capitalist economy.People who are desperate to improve their
situation in life are the ones most vulnerable to falling into slavery. Uneducated women are in
high demand as sex slaves and easy to trick when they are uneducated and desperate to find
work. When there is nothing to go home to, some slaves lack even the motivation to resist.

Public’s lack of attention to the issue of human trafficking is often what keeps them
imprisoned. Some victims are hidden behind locked doors in brothels and factories. In other
cases, victims are in plain view and may interact with community members, but the
widespread lack of awareness and understanding of trafficking leads to low levels of victim
identification by the people who most often encounter them.

The surest way of eliminating the business of modern slavery is to offer schooling in rural
and impoverished areas so people can learn to provide for themselves where they are rather
than seeking outside assistance. Teaching poor areas about the potential danger of traffickers
is the first step toward ensuring they never have to live through the horror of slavery.

Bringing together private-sector entities, public-sector entities and nonprofits to find a mutual
ground where they can discuss this issue openly and find the best way to begin with will also
help in tackling this evil.
 REFERENCES

ACTS




BOOKS




REPORTS


