Lok Sabha Question No. 2020 (UNSTARRED), answered on 2016-11-28
Subject: Labour Trafficking
Ministry: LABOUR AND EMPLOYMENT
Asked by: BAIJAYANT "JAY" PANDA

## MINISTRY OF LABOUR AND EMPLOYMENT

## GOVERNMENT OF INDIA LOK SABHA

## UNSTARRED QUESTION NO. 2020 TO BE ANSWERED ON 28.11.2016 LABOUR TRAFFICKING

## 2020. SHRI BAIJAYANT JAY PANDA:

Will the Minister of LABOUR AND EMPLOYMENT be pleased to state:

- (a)whether the Government is implementing/proposes to enforce/ implement  stricter  laws  to  check  labour  trafficking,  both  within  and outside the Country;
- (b)if  so,  the  details  thereof;  along  with  the  extent  of  success  achieved therefrom;
- (c)whether there is a punitive and incentive based legal obligation placed upon corporations to ensure that their labour supplies are not sourced through labour trafficking;
- (d)if so, the details thereof; and
- (e)if not, the reasons therefor?

## ANSWER

## MINISTER OF STATE (IC) FOR LABOUR AND EMPLOYMENT (SHRI BANDARU DATTATREYA)

(a) to (e): The  Constitution  of  India  vide  Article  23  prohibits  traffic  in human beings and forced labour.  The bonded labour is also a form of forced  labour  for  which  there  is  a  specific  legislation  viz.  The  Bonded Labour System (Abolition) Act, 1976.

Bonded Labour System has been abolished by law throughout the country with effect from 25 th  October, 1975 under the Bonded Labour System (Abolition) Ordinance which was replaced by The Bonded Labour

System (Abolition) Act, 1976.

Under The Bonded Labour System (Abolition) Act, 1976, States/Union Territories are mandated to implement the provisions of the Act. The  District and Sub-Divisional Magistrates and the Vigilance Committees constituted under the Act have been entrusted with certain duties/responsibilities for implementation of the Act.

Under the Bonded Labour System (Abolition) Act, 1976 identification, direct release and rehabilitation of freed bonded labour is the responsibility of the concerned state government/union territory.

In order to assist the State Governments in the task of rehabilitation of  identified  and  released  bonded  labourers,  a  Centrally  Sponsored  Plan Scheme for Rehabilitation of Bonded Labour was in operation since May, 1978.    The  Government  has  revamped  the  Centrally  Sponsored  Plan Scheme for Rehabilitation of Bonded Labourers with effect from 17 th  May, 2016.  The revamped scheme is known as the 'Central Sector Scheme for Rehabilitation  of  Bonded  Labourers,  2016'.    The  salient  features  of  the Scheme are as under:

- (1) The  revised  scheme  is  a  Central  Sector  Scheme.  The  State Government is not required to pay any matching contribution for the purpose of cash rehabilitation assistance.
- (2) Financial assistance has been increased from Rs. 20,000/- to one lakh per adult male beneficiary, Rs. 2 lakh for special category beneficiaries such as children including orphans or those rescued from organized & forced begging rings or other forms of forced child labour, and women and Rs. 3 lakh in cases of bonded or  forced  labour  involving  extreme  cases  of  deprivation  or marginalization  such  as  trans-genders,  or  woman  or  children rescued  from  ostensible  sexual  exploitation  such  as  brothels, massage parlours, placement agencies etc., or trafficking, or in cases  of  differently  abled  persons,  or  in  situations  where  the District Magistrate deems fit.
- (3) The amount of assistance for survey of bonded labourers is Rs. 4.50 lakh per district.
- (4) The  release  of  rehabilitation  assistance  has  been  linked  with conviction of the accused.
- (5) Scheme provides for creation of a Bonded Labour Rehabilitation Fund at District level by each State with a permanent corpus of at least Rs. 10 lakh at the disposal of the District Magistrate for extending immediate help to the released bonded labourers.

- (6) The  fund  is  released  by  the  Ministry  under  the  Scheme  to  the District  National  Child  Labour  Project  Society  and  the  District Project  Society  in  turn  releases  the  fund  to  the  implementing agencies including the district administration.
- (7) Special  care  is  made  available  by  the  State  for  addressing  the needs  of  the  disabled  persons,    female  freed  bonded  labourers and bonded child labour by providing safe and secure environment for the capacity building of child bonded labourers, facilities for ensuring their proper education, short stay home till education upto class 12 th , skill development, marriage assistance etc.
- (8) The benefits prescribed above shall be, in addition to, other cash or  non-cash  benefits  which  a  beneficiary  under  this  scheme  is entitled  to,  by  or  under  any  other  scheme  or  law  applicable  for the  time  being  in  force.  Further,  the  above  benefits  would  be additionality to other land and housing elements etc. as mentioned below:
4.  Allotment of house-site and agricultural land.
5. 
6. 
7. Land development.
8. Provision of low cost dwelling units.
9.  Animal husbandry, dairy, poultry, piggery etc.
10.  Wage employment, enforcement of minimum wages etc.
11.  Collection and processing of minor forest products.
12.  Supply of essential commodities under targeted public distribution system.
13. 
14. Education for children.

Apart  from  the  above  law,  there  are  other  measures  for  checking trafficking of labour. Criminal Law (Amendment) Act 2013 has come into force  which provides for comprehensive measures to counter the menace of  human  trafficking  including  trafficking  of  children  for  exploitation  in sexual any form including physical exploitation or any form of exploitation, slavery, servitude etc.

Further, Anti Trafficking Cell (ATC) was set up in Ministry of Home Affairs  to  act  as  a  focal  point  for  communicating  various  decisions  and follow up on action taken by the State Governments to combat the crime of Human Trafficking.

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