e-age slaves in our backyard

CHENNAI: The glaring mismatch between the number of rescues of bonded labourers and conviction rate speaks volumes about the failure of the law enforcing agencies in implementing the laws in curbing trafficking and modern slavery. Ironically, the state, which set a benchmark in addressing bonded labourer issues, has witnessed less than five convictions in the last five years.

Several hundreds, accounting for more than 95 per cent of rescued bonded labourers, fell through the cracks in the system. When analysing the issue in a larger context, several issues come up.

The key reasons behind this is the lack of understanding of the bonded labour system. In addition to this, inadequate documentation on the part of revenue and police departments, non-issuing of release certificates, lack of periodical monitoring, inadequate rehabilitation packages, and the slow judicial process also becomes the hiccups to resolve. Unless and until the government addresses these issues, eradication of the bonded labour system would be nothing but a Sisyphean task.

The government’s aim is to eradicate the BL system by 2030 would be a mirage. For instance, the recent rescue of two groups of bonded labourers from a brick kiln in Akkamanicken Pudur in Dindigul’s Palani Taluk was riddled with holes, favouring the employer to evade legal actions. The official concerned, with little knowledge on the bonded labour system, did not issue the release certificates stating there was no sign of forced labour.

The official arranged a lorry (intervening night of May 13) and ferried the victims - men, women and children - like cattle under the cover of darkness. Under what provision of the 1976 Act, any law for that matter, permitted an official to force evict the victims and made them travel 400 miles with nothing to feed their children the next morning? The question remained unanswered for more than 50 days. “The officials have no time to listen to our plights and years of suffering. They just wanted us out of the place (worksite). We are given 2 hours to pack our belongings and get on to the lorry,” said one of the rescued bonded labourers recounting their sufferings.

The way the officials handled the case is a mockery of the government’s efforts and the law of the land, said an activist. With a cloud of uncertainty hovering over their future, the freed labourers with no safety net will fall prey to another agent. It is an unending vicious cycle for them, indeed for most of the rescued labourers. “Now, the officials will make reports to suit their narrative and go back to their routine,” he added and noted that such incidents are not new. Political pressure and nexus between officials with employers of bonded labourers are jeopardising rescue and rehabilitation of the victims of modern slavery. “It is certainly an issue,” a senior bureaucrat said, and added that the existing programme is posing more challenges.

“Rehabilitation is a myth,” he said. He termed the programmes a “meaningless exercise” that failed to serve its purpose. It needs a total revamp, keeping the targeted group in the thought process of designing the comprehensive programme. All depends upon the district collector and the revenue official, RDO, heading the rescue team. Going by the law, the sub-magistrate (RDO) should conduct field inspection and conduct enquiry with the labourers at the site. If there is an element of bonded labourers - debt bondage, law wage and long working hours, no freedom of movement and denial of basic rights - the authorities should act swiftly.

Release certificates along with relief measures should be issued within 24 hours of the rescue, while the statements of the victims along with proper documents of the evidence should be incorporated in the first information report. These are ingredients of the success stories of state machinery that find places in government pamphlets and posters on February 9, when authorities observe Anti-Bonded Labourers Day and take pledge to end the social malaise. But these are rare phenomena, resulting in logical conclusions and conviction of practitioners of the BL system after taking twists and turns in the maze of the system.

“A very few collectors and RDOs are proactive and set the standard high. It is a need of the hour to conduct periodical review of the cases and present status. Every successful rescue should end in conviction to deter repeat offenders,” said an official, who admits the shortcomings in the system. The latest conviction in the bond labour case was on May 31 in 2022, when the special court in Villupuram district convicted an owner of a stone quarry for forcing 34 children, women and men to work. They were tied to debt bondage and were forced to work in inhumane conditions for continuous years. The case came to a logical conclusion after 12 years of legal battle. “Conviction in such cases is rare phenomena,” said David Sundersingh, a panel advocate of the State Human Rights Commission.

He succeeded in three out of the five cases he appeared in BL cases. In 90 per cent of cases, poor documentation and non-inclusion of release certificates of the freed bonded labourers result in acquittal, he said, and recalled the circular from DGP of TN in December 2016, directing all SPs dealing with BL cases to file vital documents before court - RC, enquiry forms, executive release order, RDO report along with supporting documents - to prosecute offenders. The DGP had also cautioned of disciplinary action, if police officials failed to comply with the order to build a strong case against the offenders.

There is a sign of hope in the last few years as the BL Act and relevant issues were added in the curriculum of Police Training College, Tamil Nadu Police Academy, Anna Institute of Management that trains young IAS officers and Tamil Nadu State Judicial Academy. This would go a long way in preparing the next generation of officers in police, bureaucracy and judiciary to handle the issue with better knowledge and compassion. Activists, while noting that things are looking better now than ever before, are concerned that field-level officers do not follow Standard Operating Procedures (SOP) in the rescue and rehabilitation of bonded labourers.

In many cases, the officers do not issue release certificates and categorically rule out that the rescued persons are not bonded labourers without following the due processes and inquiry. “We have many success stories due to the comprehensive and combined efforts of various departments along with civil organisations. We have also focused on shortcomings and sensitising revenue officials, particularly RDOs, for better results. It is part of our continuous efforts, “ Commissioner of Labour department Atul Anand told DT Next.