IS INDIA FUELING MODERN SLAVERY? BY - NANDANA SUBHA VINUKUMAR & NANDANA VENUGOPAL
IS INDIA FUELING MODERN SLAVERY?
Unearthing Modern Slavery: A Critical Analysis on the Modern Slavery in
Contemporary India and its Legal Vanguards in The Light of Global Slavery
Index 2023.
AUTHORED
BY - NANDANA SUBHA VINUKUMAR
&
NANDANA VENUGOPAL
School Of
Legal Studies, CUSATA
Abstract
Modern slavery, manifesting as belief
that slavery is a relic of the past, it endures with a chilling persistence,
manifesting in covert and insidious forms where invisible chains and systemic
discrimination replace the iron shackles and whips of bygone eras. Despite the prohibition of slavery
and servitude under Article 4 of the Universal Declaration of Human Rights
(UDHR) and the Indian Constitution's formidable legal arsenal—encompassing
forced labour, debt bondage, human trafficking, forced marriage, and
descent-based slavery, ensnares millions globally, including in contemporary
India. This exploitative condition traps individuals due to social, economic,
or political reasons, transcending boundaries of country, gender, age, caste,
and economic status. Despite the extensive Fundamental Rights enshrined in Articles 14, 15,
21, and 23, as well as the Directive Principles of State Policy outlined in
Articles 39, 42, and 43, tackling and eradicating the persistent issues remains
a significant challenge. This paper explores the dark reality of modern slavery in
India, shedding light on its insidious forms and starkly revealing how it
flouts Article 4 of the Universal Declaration of Human Rights and the
Fundamental Rights enshrined in the India. Constitution. It critically examines
the legal frameworks designed to shield individuals from this relentless
injustice, highlighting the urgent need for effective action and reform.
Key Words- Modern
Slavery, forced labour, Forced Marriage, Human Trafficking, United Nations
Declaration on Human Rights
I.
INTRODUCTION: ARTICLE 4 UNDER SEIGE
“There are more slaves today than there
were at the height of the slave trade.”
-Ross Kemp, British Investigative Journalist
In 2023, we marked the 75th
anniversary of the Universal Declaration of Human Rights (UDHR), a landmark
document adopted by the UN General Assembly in 1948[1].
Human Rights Day, observed each year on December 10th, is a solemn occasion to
honour this revolutionary charter. This year’s theme, "Freedom, Justice,
and Equality for All," poignantly reaffirms the UDHR’s profound and
enduring relevance. As a bedrock of the post-World War II international order,
the Declaration articulates 30 fundamental rights that encompass civil,
political, socio-economic, and cultural dimensions. Yet, even after 75 years,
the struggle for these rights continues as modern forms of slavery—such as
forced labour, debt bondage, forced marriage, and coerced prostitution—persist
in our societies. India's pivotal role in the drafting of this monumental
document serves as a powerful reminder of its unwavering commitment to human
dignity and global justice.
While Article 1 of the Universal
Declaration of Human Rights asserts that every individual is born free and
equal in dignity and rights, aiming for universal equality and respect, this
ideal is severely compromised by the ongoing issue of modern slavery that still
affects our society. Conversely, Article 4 emphatically forbids all forms of
slavery, standing in stark opposition to the very tenets of freedom, justice,
and dignity that the Declaration upholds.[2].
This unequivocal prohibition is
directly aligned with the fundamental rights outlined in Articles 12 to 35 of
the Indian Constitution, which encompass Equality, Freedom, Protection against
Exploitation, Freedom of Religion, Cultural and Educational Rights, and Constitutional
Remedies. These provisions collectively affirm a steadfast commitment to
justice and human dignity, forming the bedrock of a responsible society.
While the overt forms of tyrannical
slave trade may have diminished in the modern era, slavery has merely evolved
into more insidious forms, where individuals are exploited through threats,
coercion, violence, deception, and abuse of power. India, too, remains ensnared
by the pervasive grip of modern slavery. This contemporary scourge manifests in
various egregious forms, including Forced Labour, Debt Bondage, Human
Trafficking, Child Labour, Forced Prostitution, Forced Marriage, Domestic
Servitude, Unlawful Recruitment and Use of Child Soldiers, Sex Trafficking, and
Descent-Based Slavery. This violates Article 4 of UDHR which reads as “No
one shall be held in slavery or servitude; slavery and the slave trade shall be
prohibited in all their forms”.[3]
This in turn violates,
v Article 3: Asserts everyone has the
right to life, freedom, and personal safety.
v Article 5: Asserts no one should be
subjected to torture or cruel, inhumane, or degrading treatment.
v Article 7: Assets everyone has the
right to be recognized as a person before the law.
Added, The Global Slavery Index of
2023, with its stark revelations and India's troubling position within it,
underscores the urgency with which modern slavery must be confronted. This
glaring evidence calls for immediate and uncompromising action, revealing the
dark and persistent stain of human exploitation that demands our collective and
resolute response. Modern slavery, in all its forms, is a critical
international issue that acts as a slow poison, gradually consuming the sweat
and blood of humanity. This crisis gained significant attention with the release
of the 2023 Global Slavery Index, which unveiled startling revelation.
II.
GLOBAL SLAVERY INDEX 2023: ARE G20 NATIONS FUELLING
MODERN SLAVERY?
The Global Slavery Index, an annual
beacon of truth from the Walk Free Foundation, unveils a chilling reality: modern
slavery ensnares an estimated 50 million souls across the globe.[4] It
is profoundly disheartening to witness leading G20 nations, India, Russia,
China, Indonesia, the United States, and Turkey, entangled in this insidious
web of exploitation while North Korea, with its staggering rate of 104.6,
stands at the forefront of this grim tableau, highlighting a severe human
rights catastrophe.[5] It’s hardly cause for celebration
that North Korea leads the pack with an astonishing prevalence rate of modern
slavery. Yet, what is even more disconcerting is the paradox of G20 countries,
nations heralded for their commitment to sustainable development, being key
contributors to this global affliction.
Asia, in particular, bears the
immense burden of modern slavery, with India, China, Russia, Turkey, and
Indonesia among the worst offenders. Strikingly, India ranks 53rd out of 167
countries on this index, highlighting a widespread crisis.[6]
Addressing this issue demands an examination of its root causes: pervasive poverty,
severe economic inequality, climate-induced migration, entrenched social
hierarchies exploiting marginalized communities, weak governance, and rampant
corruption. To confront
this issue, we must plunge into its root causes: rampant poverty, glaring economic
inequality, migration spurred by climate upheaval, entrenched social
hierarchies, exploiting marginalized communities, feeble governance, and
pervasive corruption.
The COVID-19 pandemic has
dramatically worsened these issues, causing a surge in forced labour, debt
bondage, and other forms of exploitation, particularly in lower- and
middle-income countries. The rise in online recruitment scams and cyber fraud
has further fuelled human trafficking, including sex and child trafficking.
Moreover, the crisis has been exacerbated by rampant unemployment and financial
instability, driven by the mass dismissal of migrant workers, lack of access to
personal loans, deplorable working conditions, and widespread business
closures.
Despite these alarming trends, the
persistence of modern slavery does not imply the absence of international laws;
rather, it underscores the failure in effectively implementing global efforts
to combat this atrocity.
Ø Article 4 of the Universal
Declaration of Human Rights (1948): Prohibits slavery and servitude
unequivocally.[7]
Ø Article 8 of the International
Covenant on Civil and Political Rights (1966): Outlaws slavery, servitude, and
forced labour.[8]
Ø The Hague Convention on the Civil
Aspects of International Child Abduction (1980): Addresses the abduction of
children, intersecting with issues of modern slavery.[9]
Ø The Trafficking Protocol of the UN
Convention Against Transnational Organized Crime (2000): Aims to prevent and
combat human trafficking.[10]
Ø The Council of Europe Convention on
Action against Trafficking in Human Beings (2005): Provides a comprehensive
approach to preventing trafficking and protecting victims.[11]
On paper, we have a plethora of
international laws championing human justice. But the cold, hard truth is laid
bare by the statistics and graphs. Though countless international laws address
the scourge of modern slavery, its persistent prevalence reveals a stark truth:
the real challenge lies not in crafting these laws, but in their steadfast and
effective implementation.
III.
SHACKLES OF MODERN SLAVERY IN
CONTEMPORARY INDIA
Despite India's strides in IT,
pharmaceuticals, space technology, renewable energy, startups, innovation, and
tourism, its 53rd rank in the Global Slavery Index casts a glaring light on the
widespread inhumane practices of forced labour, debt bondage, human
trafficking, sex trafficking, descent-based slavery, and forced marriage. The
chilling statistics from the Walk Free Foundation lay bare this harsh reality.
The report vividly portrays modern slavery thriving in conflict-ridden areas
with state-imposed forced labour and frail governance, while nations with
robust governance stands as rare bastions against this scourge.
v Is weak governance to blame for the
rampant prevalence of modern slavery in India?
v Is it the absence of laws that has
deepened the crisis?
v Or is it the ineffective
implementation of existing laws that has exacerbated the situation?
To unravel these questions, let us
delve into the various realms of Modern Slavery that persist in India.
A. FORCED LABOUR AND DEBT BONDAGE
Forced labour represents a grave
injustice, where individuals are coerced into providing services under the
threat of penalty, without their voluntary consent. This abhorrent practice
remains disturbingly widespread in traditional communities such as Kanua,
Sevakias, Harwahi, Kamiauti, and others. The International Labour
Organisation's report, "Profits and Poverty: The Economics of Forced
Labour," exposes a staggering 37 percent surge in illegal profits since
2014[12],
illustrating how these vast sums are reinvested into the exploitation of
victims.
This egregious situation endures
despite the presence of numerous laws and regulations intended to combat modern
slavery, highlighting a critical failure in our efforts to address this issue
effectively.
v The Bonded Labour System (Abolition)
Act of 1976 was
enacted to eradicate the bonded labour system by formally declaring it illegal
and void. Its purpose is to liberate all individuals subjected to bonded labour
and to annul any debts that were used to exploit them.[13]
v The Inter-State Migrant Workmen
(Regulation of Employment and Conditions of Service) Act, 1979, seeks to oversee the employment of
workers who migrate between states, focusing on their working conditions and
overall welfare.[14]
v The Factories Act of 1948 governs labour conditions in
factories, aiming to ensure that workers are provided with safe working
environments, reasonable hours, and essential health, safety, and welfare
measures.[15]
v The Unorganized Workers' Social
Security Act of 2008
is designed to offer social security and welfare benefits to workers in the
unorganized sector. However, its effectiveness in truly safeguarding these
workers' rights and improving their conditions remains a significant concern.[16]
People’s Union for Democratic Rights v. Union of India AIR 1982 SC 1473[17] is a pivotal case that revealed the
harsh realities of forced labour and debt bondage within various industries,
underscoring the critical need for robust legal reforms to eliminate these
practices in India. Justice P.N Bhagavati and Justice R S Pathak emphasized
that forced labour constitutes a direct violation of Article 21 (Right to Life
and Personal Liberty) and Article 23 (Prohibition of Traffic in Human Beings
and Forced Labor) of the Indian Constitution. By violating these fundamental
rights, such practices compel the aggrieved individuals to seek redress through
the Writ Jurisdictions provided under Articles 32 and 226.
Thus, bonded labour, especially when
it targets children, is a deeply entrenched and harmful practice that urgently
requires our collective action to eliminate. We must come together to dismantle
this cruel system, ensuring that every child is liberated from such
exploitation and given the opportunities and protections they are entitled to.
B. HUMAN TRAFFICKING
Human trafficking is a blight that
has haunted our past and continues to cast its dark shadow over the present.
The Bhopal Human Trafficking Case of 2018 which gained prominence due the
involvement of high-profile individuals itself is an example. In a land where
one of our Fundamental Rights stands dedicated entirely to the fight against
this grave injustice, we are called to confront this enduring scourge with
unyielding resolve.
Article 23: Prohibition of traffic in human
beings and forced labour.
(1) Traffic in human beings and
beggar and other similar forms of forced labour are prohibited and any
contravention of this provision shall be an offence punishable in accordance
with law.
(2) Nothing in this article shall
prevent the State from imposing compulsory service for public purpose, and in
imposing such service the State shall not make any discrimination on grounds
only of religion, race, caste or class or any of them.[18]
The harsh reality of human
trafficking reveals a troubling pattern, with a particular focus on women and
children. In 2011, the Supreme Court appointed a panel to instruct the NCRB to
compile data on missing children and women, resulting in deeply disturbing
revelations. The findings identified Mumbai and Kolkata as key areas where
trafficking of women and children is alarmingly prevalent.[19]
The majority of victims faced exploitation through child labour, sexual abuse,
and domestic servitude. While most female victims were trafficked for sexual
exploitation, many men were subjected to forced labour, underscoring the
widespread and complex nature of this serious issue. Organ trafficking is
another crime that is scaling in contemporary India. Offenders purposefully
create accidents, thereby creating an environment for organ trafficking. The
fact that many hospitals have become partners of such organised crimes is
highly concerning.
The rigorous enforcement of legal
safeguards is imperative to shield society from the scourge of human
trafficking.
v The Immoral Traffic (Prevention) Act
of 1956 (ITPA) is aimed at trafficking people for
commercial sexual exploitation. It specifically targets and imposes penalties
on activities related to prostitution, with a focus on curbing the trafficking women and children for sexual
exploitation purposes.[20]
v The National Guidelines on the
Prevention of Trafficking of Children and Women for Commercial Sexual
Exploitation (2005) were developed to provide a
structured framework for preventing trafficking, rescuing victims, and
facilitating their rehabilitation.[21]
v The Juvenile Justice (Care and
Protection of Children) Act, 2015 provides a detailed legal framework for the care,
protection, and rehabilitation of children, including those who are victims of
trafficking. It includes provisions to prevent child trafficking and to
facilitate the effective rehabilitation of trafficked children.[22]
v The Trafficking of Persons
(Prevention, Protection, and Rehabilitation) Bill, 2018, though still awaiting enactment,
seeks to create a robust legal framework to tackle trafficking. It advocates for the creation of a
national anti-trafficking authority, the establishment of specialized courts,
and the implementation of comprehensive measures for the prevention of
trafficking, protection of victims, and their rehabilitation. There are many
such acts and legislations solely aiming to prevent such atrocities against
women and children. The 86th Amendment Act of 2002, which introduced Article
21-A, mandates free and compulsory education for all children aged 6 to 14
years, also supports efforts to combat child trafficking.[23]
Vishal Jeet v. Union of India
1990 AIR 1412[24] is the landmark case where the Supreme Court addressed
serious issues of human trafficking, forced prostitution, and the exploitation
of women and children through a public interest litigation filed by Vishal
Jeet. The Court reaffirmed the state's duty to proactively prevent trafficking
and protect victims, directing both central and state governments to implement
comprehensive legal and policy measures. It emphasized the need for specific
anti-trafficking legislation, stringent enforcement, and effective support
systems for victim rehabilitation. The judgment also called for improved
coordination among government agencies, law enforcement, and NGOs to enhance
monitoring and enforcement. This case played a crucial role in shaping India's
legal framework against human trafficking, raising awareness, encouraging
advocacy, and promoting a victim-centered
approach.
C. FORCED MARRIAGE
Forced marriage remains a deeply
ingrained problem in Indian society, largely due to entrenched patriarchal
norms. Women are frequently coerced into accepting marriages arranged by their
families, subjected to significant family pressure and psychological distress.
This issue is further compounded by the prevalent practice of child marriage in
various regions of India, where threats and coercion deprive girls of their
rights to education, employment, and the freedom to choose their own spouses.
According to the Global Slavery
Index 2022, the year 2021 witnessed a troubling surge in forced marriages
globally, affecting around 22 million individuals. The incidence of such
marriages per thousand people rose from 2.1 in 2016 to 2.8 in 2021, reflecting
a significant escalation in this grave human rights violation.[25]
More than half (52 per cent) of all forced labour and a quarter of all forced
marriages were found to be in upper-middle income or high-income countries The
World Economic Forum has pointed out a troubling phenomenon in North India,
where the "male marriage squeeze"—a disparity in the number of
eligible men compared to women—has led to a troubling culture of bride
purchasing.[26] This
practice is especially common in rural and underdeveloped areas. Additionally,
a study by Lancet Global Health has uncovered disturbing statistics: one in six
boys and one in five girls are married before the age of 18.[27]
The gravity of this issue is highlighted by Britain’s designation of India as a
‘focus country’ for forced marriages, underscoring the widespread nature of this
abuse.
Some of the Legal Vanguards adopted
by India that would collectively aid in curbing the burden of forced marriages.
In India, the issue of forced
marriages is addressed through several robust legal frameworks. Section 366 of
the replaced Indian Penal Code (IPC) criminalizes the act of kidnapping or
abducting a woman with the intent to coerce her into marriage or illicit
relations against her will.[28]
The Prohibition of Child Marriage Act, 2006, alongside the Protection of
Children from Sexual Offenses (POCSO) Act, 2012, serves as vital tools in the
fight against these practices.
Furthermore, Article 16 of the
Universal Declaration of Human Rights affirms that all adults, irrespective
of race, nationality, or religion, possess the inherent right to marry and
establish a family. They are guaranteed equal rights throughout the course of
marriage and its dissolution. Such unions must be entered into with the
unequivocal and voluntary consent of both parties. Moreover, the family is
recognized as the fundamental and indispensable unit of society, deserving of
protection by both society and the state.
v The Protection of Human Rights Act,
1993, establishes the National Human
Rights Commission (NHRC), a bastion against human rights violations. This act
combats forced marriages, human trafficking, forced prostitution, and bonded
labour, offering a formidable defence for the oppressed.[29]
v The Domestic Violence Act, 2005, stands as a shield for women
against marital violence, extending its protection and legal remedies to those
ensnared in the grim reality of forced marriages. The Prohibition of Child
Marriage Act, 2006, strives to abolish the scourge of child marriages by
decreeing the lawful age of matrimony to be 18 for women and 21 for men. It
delineates stringent penalties and offers recourse for those unions that
transgress these statutory boundaries.[30]
v The Prohibition of Child Marriage
Act, 2006, strives to abolish the scourge of
child marriages by decreeing the lawful age of matrimony to be 18 for women and
21 for men. It delineates stringent penalties and offers recourse for those
unions that transgress these statutory boundaries.[31]
v The Juvenile Justice (Care and
Protection of Children) Act, 2015, stands as a bulwark against the
exploitation of children. It combats the horrors of forced marriages, forced
labour, and human trafficking, providing sanctuary and rehabilitation for the
vulnerable children.[32]
In Lata Singh v. State of Uttar Pradesh & Another
2006 AIR SCW 3499[33], the Hon'ble Court affirmed the fundamental right of a woman to marry
the person of her choice upon reaching the age of majority. This landmark
ruling underscored the sanctity of individual autonomy in marital decisions and
established a crucial precedent for safeguarding women against threats of
honour-based violence from their families, particularly in cases of inter-caste
marriages. The decision eloquently enshrines the principle that personal
liberty and choice in marriage are paramount, providing robust protection
against the scourge of honour killings as well as forced marriages.
D.
DESCENT BASED SLAVERY
Descent-based slavery, an important ingredient of forced labour,
describes a condition in which individuals are born into servitude, a plight
that endures across generations. In India, this form of slavery is intricately
tied to the caste system, with lower castes disproportionately subjected to
such exploitation. These individuals are often coerced into performing unpaid
labour under oppressive conditions. Dalits, in particular, face acute
vulnerability to bonded labour due to their marginalized socio-economic status,
further exacerbated by caste-based occupations. Extreme poverty compels Dalits
into debt, with their only recourse being their labour, while social exclusion
deepens their entrapment in bondage. Manual scavenging and forced prostitution
are two prominent examples of caste-based bonded labour in India. Despite
advancements in literacy, manual scavenging remains prevalent—a practice
historically relegated to specific caste groups by birth. It is estimated that
approximately 1.3 million Dalits, notably women, are engaged in this demeaning
work, which involves the manual removal of human waste from dry toilets and
sewers. This hazardous occupation poses severe health risks and results in
profound societal exclusion.
Manual scavengers often face
egregious discrimination, including denial of essential resources like water,
and earn pitiable wages, sometimes as low as one rupee a day. Due to persistent
caste-based bias, they find few opportunities for alternative employment,
forcing them to rely on loans from upper-caste neighbours and thereby
perpetuating a cycle of debt and dependency. The caste system is a deeply
entrenched social malady in India, fostering numerous forms of discrimination.
While eradicating this pervasive issue is fraught with difficulty, legislative
measures such as Article 17 of the Indian Constitution seek to dismantle
untouchability and eliminate this insidious practice. This inhumane practise
also violates Articles 21, 23, 24, 39e and 39f.[34] Effective implementation of legal frameworks which are meant to tackle
oppression and brutal discrimination against minorities and so-called lower
castes can effectively aid in curbing such slavery based on birth.
A meticulous study on India's
home-based garment workers has unveiled that nearly 99% toil under conditions
tantamount to forced labour as delineated by Indian law. This research,
orchestrated by eminent labour scholars from the University of California,
discovered that over 99% of these workers are either Dalits or Muslims.[35]
The inquiry further illuminated that over 15% of these labourers are children,
with numerous instances of bonded labour documented. Additionally, 85% of these
workers contribute to the supply chains of global brands. To prevent
descent-based slavery, protection of minority communities from brutal
oppression and discrimination is mandatory. Some legal vanguards that may be
effectively implemented are:
v The Protection of Civil Rights Act,
1955 seeks to
eradicate untouchability and forbids discrimination based on caste or religion.
It imposes penalties for enforcing disabilities arising from untouchability.[36]
v The Scheduled Castes and the
Scheduled Tribes (Prevention of Atrocities) Act, 1989 (PoA Act) stands as a bastion of
justice, meticulously crafted to shield SCs and STs from the scourge of
atrocities and crimes. This far-reaching legislation mandates the establishment
of special courts and imposes severe penalties on offenders, ensuring swift and
stringent justice. It was amended in 2005, making regulations more stringent.[37]
v The Prohibition of Employment as
Manual Scavengers and their Rehabilitation Act, 2013, stands as a beacon of justice, forbidding the engagement of
manual scavengers and the erection of unsanitary latrines. This noble
legislation also paves the way for the rehabilitation and dignified upliftment
of manual scavengers and their families, guiding them towards a future of hope
and respect.[38]
v The National Commission for Scheduled Castes (NCSC) and the National
Commission for Scheduled Tribes (NCST), founded under Article 338 and Article 338A of the Indian
Constitution, respectively, bear the solemn mandate to scrutinize and oversee
all issues pertaining to the protections afforded to SCs and STs. These august
bodies are also tasked with investigating specific grievances related to the
violation of their rights, ensuring justice and equity are upheld. [39]
Bandhua Mukti Morcha v. Union of
India & Others 1984 AIR 802[40] is the case where the Court articulated comprehensive
guidelines for the identification of bonded labourers who were particularly
Dalits and imposed an obligation on the state government to identify, liberate,
and rehabilitate them. The Court held that individuals subjected to bonded
labour are deprived of their fundamental liberty, rendering them akin to
slaves.
IV.
DO NEW LAWS HERALD A NEW DAWN IN THE FIGHT AGAINST
MODERN SLAVERY?
India has long grappled with the
grave issue of modern slavery, enacting laws to combat it both before and after
gaining independence. Legislative efforts date back to the 1800s, with the
Indian Slavery Act of 1843 serving as a foundational legal instrument for
subsequent anti-slavery measures. In addition to a myriad of legislative
efforts, numerous judicial decisions have sought to address this profound
crisis. However, a significant transformation has recently occurred with the
introduction of three landmark bills: the Bharatiya Nyaya Sanhita, 2023 (BNS),
the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), and the Bharatiya Sakshya
Adhiniyam, 2023 (BSA). Among these, the BNS, which replaces the Indian Penal
Code, incorporates extensive provisions targeting various forms of forced
slavery deeply entrenched in our society.
Ø Section 81: Chronicles the deceitful
cohabitation arising when a man beguiles a woman into believing she is lawfully
wed.[41]
Ø Section 83: Pertains to the fraudulent
enactment of marriage ceremonies, devoid of any legitimate legal standing.
[42]
Ø Section 87: Encompasses the grievous act of
seizing, abducting, or compelling a woman into matrimony against her will.[43]
Ø Section 111: Defines organized crime as an
illicit endeavour undertaken by an individual or a group, encompassing human
trafficking for prostitution. These nefarious acts executed through the
application of violence, threats, intimidation, coercion, or other unlawful
methods are recognised by the new bill.[44]
Ø Section 146: Any individual who compels another to
toil against their will shall face a sentence of up to one year in prison, a
monetary fine, or both, as justice demands.[45]
Many such laws and judicial decisions
stand poised to combat the scourge of modern slavery. Yet, their mere existence
is insufficient to eradicate this profound evil. It is imperative to enforce
stringent measures to disseminate these laws to the public, ensuring widespread
awareness of their rights. Only through such vigilant education can the
rigorous implementation of these statutes be achieved.
V.
CONCLUSION: THE FREEDOM’S BLUEPRINT
The latest report from the
International Labour Organization (ILO) unveils a distressing rise in modern
slavery, which now affects an estimated 50 million people globally through
forced labour and marriage. Despite its illegality, modern slavery thrives as a
highly lucrative enterprise, with the ILO estimating that forced labour in the
private sector yielded approximately $150 billion in 2017. India, with its vast
population, is projected to have the highest number of individuals ensnared in
modern slavery and ranks sixth in prevalence across the Asia-Pacific region.
The principal drivers of vulnerability include conflict, climate change, gender
inequality, and the marginalization of minority groups, including the LGBTQI+
community, lower castes, and religious minorities.
India's efforts to combat modern
slavery, with a rating of 46 percent, surpass the regional average and even
outshine some wealthier nations. Yet, the government's response remains
insufficient to fully tackle the issue. The responsibility for implementing
criminal justice measures largely falls to state governments. Despite India
ratifying numerous international agreements and acknowledging most forms of
modern slavery under international law, enforcement is inconsistent across
states. A more robust and coordinated approach is urgently needed to ensure
that all affected individuals—adult men, LGBTQI+ persons, and people with
disabilities—receive the necessary support. Additionally, each state and union
territory should establish community-based rehabilitation programs, with
survivor consent, and provide avenues for financial empowerment.
Addressing modern slavery demands a
multifaceted approach, weaving together rigorous research, evidence-based
advocacy, and targeted training for government officials, business leaders,
community figures, and workers. Media campaigns are essential for raising
awareness and driving prevention efforts. Equally vital is the provision of
direct support to survivors and those at risk, encompassing the repatriation of
trafficked individuals, comprehensive legal and psychosocial assistance, and
the establishment of alternative income opportunities. Let us unite in our
unwavering commitment to extinguish the blight of modern slavery, and strive
towards a world where every individual’s freedom and dignity is respected.
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[5]
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[8] Compass Manual for Human Rights
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[9] Stellina Jolly,’ International
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[18] The Constitution of India 1950
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[23] The Trafficking of Persons
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[29] The Protection of Human Rights
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[33] 2006 AIR SCW 3499
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[41] The Bharatiya Nyaya Sanhita
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[43] The Bharatiya Nyaya Sanhita s. 87
[44] The Bharatiya Nyaya Sanhita s. 111
[45] The Bharatiya Nyaya Sanhita s. 146