EDUCATE ! AGITATE !! ORGANISE!!!
100 DAYS AGAINST DISCRIMINATION
Independence to Constitution
Join us from 15th August to 26th November 2018
Eliminate all forms of discrimination! Uphold Constitutional Values!!
“Political democracy cannot last unless there lies at the base of it social democracy. What does social democracy mean? It means a way of life which recognizes liberty, equality, and fraternity as the principles of life.
Dr. B. R. Ambedkar
Non Discrimination is the foundational value of republic of India and the Constitution prohibits all forms of discrimination based on caste, race, religion, sex, and place of birth/origin (Art 15(1).India is the signatory to many global treaties where non-discrimination is recognized as the core principle to be upheld and practiced.
Yet stark realities of discrimination based on identity and various other characteristics remind us every day how far away we are from India envisaged by the Constitution. Various studies/research, on ground experiences, indicate that millions of children are denied equitable quality education due to discrimination, National Crime Record Bureau (NCRB) records thousands of atrocities against women from SC/ST and other marginalised communities every year. Discrimination against religious and regional minorities, language groups and related violence are reported regularly. The ‘criminal’ tag continues to hound the nomadic and de-notified communities. Children and persons with disability face discrimination every minute of their lives.
Discrimination in access to public services and development measures prevents equal opportunities and equitable development for the marginalised communities. Discrimination in education and healthcare, discrimination in budget provisions and implementation, discrimination by service providers and duty bearers are widely prevalent. No doubt that discrimination is widely prevalent and prevents India from its rightful development and recognition in the global sphere.
The “100 days against discrimination” is a campaign to bring to notice and visualize how non-discrimination is a fundamental principle and premise of independent India and urge us to give it practical ideas and implementation.
The campaign is conceived and initiated by the following four bodies and we urge you to strengthen it in whatever capacity you can.
National Youth Equity Forum (NYEF) is a forum of young people particularly from marginalised communities,
National Dalit Movement for Justice (NDMJ),
National Coalition on Education (NCE)
Wada Na Todo Abhiyan (WNTA)
The campaign joins two important events that shaped our nation – independence and constitution. The campaign is envisaged to involve online communities through various social media to learn about the laws, policies and how the constitution of India upholds the values of non-discrimination as an Idea of India.
The Campaign Aims:
- To engage people across communities to build awareness around the values and principles of non-discrimination through the lens of the constitution of India and relevant laws, policies etc.
- To facilitate communities to speak up and act against any forms of discrimination and sign up the online pledge to act against any forms of discrimination.
- Involve youth (on the ground as well as online) to become “ambassadors for non-discrimination” by joining the campaign and involve many other youths to act for it.
- Advocate for the fear-free non-discriminatory enabling environment for all.
Campaign Activities: Starting from independence day (15th August), throughout the 100 days, until its culmination on 26th November (Constitution Day) 2018, various online and offline activities will be organised to raise awareness on non discrimination in various themes, mobilise people to pledge for promoting non discrimination and collect opinions/views on the proposed bill to address discrimination and violence in educational institutions. The campaign will involve following themes but will be open for larger CSOs to join the campaign and add to the themes.
In addition to various marginalised communities the campaign will also revolve around multiple themes:
- Identity based discrimination (Caste, Race, Ethnicity, Religion, Gender and disability),
- Public services like health, education, basic services,
- Housing and public spaces ,
- It will explore rights frameworks on non-discrimination, legislations, policies and provisions that prohibit discrimination. ,
- The SDGs- Leave No One Behind,
- Youth perceptions, views and education on non discrimination
The campaign will formally end on 26th November with state, district level celebration on constitution day but the spirit of #100 Days Against Discrimination will remain alive with people who will be part of the journey and it will continue to be an annual process to remind and take pledge every year to build India as discrimination free country !!
Amit, NCE India, 9891857747
Chandrakanta, CSEI, 8860973609
Judith Anne, NDMJ-NCDHR, 9811445709
Leslie, NDMJ – NCDHR, 9821527791
Satyendra, NYEF, 8987107760
Tanbir, WNTA, 8376936643
Leave No One Behind Research Coordinator
WADA NA TODO ABHIYAN (WNTA)
Wada Na Todo Abhiyan (WNTA) is a national campaign to hold the government accountable for its promise to end Poverty, Social Exclusion & Discrimination.
Wada Na Todo Abhiyan emerged from the consensus among human rights activists and social action groups who were part of the World Social Forum 2004 (Mumbai), aimed to create an environment through forceful, focused and concerted effort and try to make a difference in India where one-fourth of the world’s poor exist and they continuously experience intense deprivation from opportunities to learn, live and work in dignity.
The campaign tracks and advocates along three pillars –i) Annual Civil society report on the Constitutional mandates and election promises made by the Union government, ii) Peoples’ Manifesto from across the country to the government before the union elections, iii) achievements on the SDG goals and targets. In all these processes, the concerns of the socially excluded and marginalized are center-staged.
‘Leave No one Behind’ & ‘Life of Dignity for All’ with special focus on the most marginalized Communities such as Dalits, Tribals, Urban Poor, Women, Children, Youth, LGBT, Fisher Community, Commercial Sex Worker, Differently Abled and others to mainstream them across programs, policies and development goals of the central and state governments.
- Develop and direct given research assignments
- Formulate effective and efficient research processes
- Closely work with the WNTA team in developing strategies and plans for the campaign
- Engage and track SDG processes at the global and national level
- Comfortable with Travelling
- Design surveys, questionnaires, polls etc. specific to research requirements
- Test research methodologies to confirm the intended purpose of evaluation
KNOWLEDGE – SKILL SETS REQUIRED
- Well aware of the national and global (SDG) development policies and strategies with a focus on Leave No One Behind
- Connect to the civil society organizations, networks, and processes
- Knowledge of fundraising strategies and skills such as proposal writing etc and donor relations unique to the nonprofit sector.
- Effective Organizational skills, Presentation skills, Communication, numerical skills, Analytical Skills. IT and Analytical skills.
- Ability to manage/ prioritize works from several sources and should have the mature way of handling things.
- Microsoft Office and SPSS
- Any other related duties as assigned by the Seniors.
EXPERIENCE AND QUALIFICATIONS
- Educational qualification: Bachelor’s degree in Research, Economics, Social Work or related field required, Master’s preferred.
- 5-7 years work experience in the similar setting.
- Good command over English and Hindi
50,000/- negotiable based on experience
Please familiarize yourself with the Campaign by reading through the web pages of http://wadanatodo.net/ before you apply.
Based on the job description and the website, within 200 words, please provide a cover letter explaining what role have you been in previously, that is closest to the advertised vacancy and for how long?
We thank all applicants for their interest;
Please note: Only short-listed candidates will be called for the interview.
(Note: This is one of the Chapters from ‘Citizens’ Report on 4 Years of NDA Government’ – a Civil Society Initiative Coordinated by Wada Na Todo Abhiyan.)
Data collection and enforcement of laws and conviction key to ending child bonded labour
As per the Convention on the Worst Forms of Child Labour of the International Labour Organisation (ILO Convention), a “child” is a person under the age of 18, and the “worst forms of child labour” comprises all forms of slavery or practices like slavery, such as the sale and trafficking of children, debt bondage, and serfdom and forced or compulsory labour, including forced or compulsory recruitment of children for use in armed conflict. The ILO Convention having been ratified by India, along with the United Nations Convention on the Right of the Child (UNCRC) followed by enacting the required laws have fallen short of curtailing bonded child labour.
The Bondage Trap
A report by Save the Children ranked India at 116th out of 172 countries on the index ranking for loss of childhood, analyzed on parameters of child health, education, marriage, labour, childbirth and violence. Whatever be the forms of bonded labour, they are inherently detrimental to children’s all-round development and mars their self-esteem. Bonded child labour is a situation wherein the children along with their parents have pledged their labour until the debt in current by the parents to in times of exigencies are not repaid to the local moneylender. The undue long hours of work at abysmally low wage or nil wage under exploitative conditions, the exorbitant rate of interest, violence, and threats ensure their servitude to the money lenders for years on end, making it impossible for them to repay the debt.
Labour migration and bonded child labour are closely intertwined. The movement of seasonal labourers between states goes largely unregulated, leaving significant gaps in which exploitation flourishes. Unofficial estimates put the numbers at tens or even hundreds of millions. Children are naturally more vulnerable to exploitation as they too migrate with their parents. A common form of child bonded labour involves children being taken by the creditor to pay off their parents’ debts by working in another state, far away from their homes. These children are sent from rural areas to work in an urban labour market, making them unable to escape. The lack of government data on child bonded labourers, sparing the estimates from civil society studies and other related state statistics, makes it impossible to estimate the real number of child bonded labourers. In a prevalence study on bonded labour in Tamil Nadu, labourers employed outside their home district were found to be bonded at more than three times the rate of those in their home district.
The Lost Childhood: In 2016, 9034 children (boys 4123; girls 4911) were trafficked as per the National Crime Records Bureau. Trafficking takes place for various reasons, one major motive being cheap labour. Likewise, the Tamil Nadu State Crime Records Bureau (2017) revealed that from 2015-August 2017, of the several hundred trafficked children many were employed as labourers. This information gives an insight into the larger scenario wherein children from impoverished backgrounds get trafficked for labour from different states namely, Assam, Karnataka, Bihar, West Bengal, Kerala, Rajasthan, Uttar Pradesh, Andhra Pradesh, Odisha, Maharashtra, Jharkhand, Chhattisgarh, Madhya Pradesh, Arunachal Pradesh and Manipur.
Once bonded, a series of abuses, both physical and sexual and humiliations are unleashed on them upon failing to meet rigorous demands of the creditor. Their right to education, health, growth and development, and to simply be children is violated. Subjected to both verbal and physical abuse including sexual abuse and harassment, these inflictions leave behind scars of severe lasting trauma undermining the dignity of the child.
The Constitution of India has provided specific clauses focusing on child welfare which further guided enactment of various laws for the protection and development of children. The key legislation to eliminate child bonded labour include the Bonded Labour System (Abolition) Act, 1976, and the Child Labour (Prohibition and Regulation) Act, 1986 and Amendment, 2016 (CLP & R Act) prohibiting employment of children under 14 years into hazardous occupations. The 2016 amendment to CLP&R Act by the NDA Government permitted engagement of children in ‘family enterprises’, thereby creating ample opportunities for the factories/industries to engage children in the out-sourced homes based assignments..
Furthermore, the amendment gives opportunities to engage children in work at different levels of the supply chain like procurement, transport, manufacturing, and distribution, as the process is divided into various stages. Hazardous occupations too have been reduced to a small list of mining, manufacturing of explosives and occupations mentioned in the Factory Act; work in chemical mixing units, cotton farms, and brick kilns among others are no longer considered hazardous for children.
Hence, the CLP & R Act stands diluted in its scope and runs contrary to the fundamental right to education guaranteed in the Constitution of India (Art. 21A), and the provisions of the Right of Children to Free and Compulsory Education Act, 2009. Additional legal measures relating to child bonded labour include the Juvenile Justice (Care and Protection) of Children Act, 2000; and the Indian Penal Code (Section 370) both of which have failed to generate data on child bonded labour, a sin-quo-non to abolish it.
Global Initiatives: Sustainable Development Goals (2015-2030)
The United Nations has set in motion a plan to build a more prosperous, equal and secure world by 2030 through the 17 Sustainable Development Goals (SDGs). Three targets relate specifically to the subject of bonded child labour and trafficking;
5.2 –Eliminate all forms of violence against all women and girls in the public and private spheres, including trafficking and sexual and other types of exploitation.
8.7 – Take immediate and effective measures to eradicate forced labour, end modern slavery and human trafficking and secure the prohibition and elimination of the worst forms of child labour, including recruitment and use of child soldiers, and by 2025 end child labour in all its forms.
16.2 –End abuse, exploitation, trafficking and all forms of violence against and torture of children.
National Initiatives viz-a-vis SDGs
The most significant commitment made recently by the NDA towards the eradication of child bonded labour is the Union Ministry of Labour and Employment’s vision for the abolition of bonded labour by 2030’, and revamping of the Central Sector Scheme (CSS) for Rehabilitation of Bonded Labourer with effect from May 17, 2016. Under the revised scheme, the government has committed to identify, release and rehabilitate 18 million bonded labourers in the country, by undertaking (i) state surveys on bonded labour twice annually; (ii) strengthening of the prosecution machinery aiming at 100 percent conviction rate through trial and judgement delivered on the same day; (iii) Seven-year strategy (2017-18 to 2023-24) with the aim to bring down the number of bonded labourers by 50% of the present estimate and (iv) three-year action plan (2017-18 to 2019-20) to create a district level rehabilitation fund with a minimum corpus of Rs 10 lakhs at the disposal of each district magistrate for immediate cash assistance for released bonded labourers.
The revamped scheme provides for substantially increased rehabilitation assistance to released bonded labourers. On January 17, 2017, immediate cash assistance was enhanced from Rs 5,000 to Rs 20,000 under the District Bonded Labour Rehabilitation Fund. Additionally, the total financial assistance has been increased from Rs 20,000 to Rs 2 lakhs for special category beneficiaries including children, orphans, those rescued from organized begging rings or other forms of child labour, and women. The total financial assistance has been increased to Rs. 3 lakhs in cases of bonded labour involving extreme cases of deprivation or marginalization such as transgenders, or women 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 may deem fit.
However, in response to the question of naught cases of full compensation under the CSS raised by a Member of Parliament in Tamil Nadu the Minister of State (IC) for Labour and Employment confirmed the same to be true. Except the immediate assistance of up to Rs. 20000, the CSS didn’t allow disbursal of entire rehabilitation assistance to child bonded labourer until the conviction of the accused. The Central government denied receiving any such proposal from the states for the release of full amount of rehabilitation assistance, which itself speaks volumes for low conviction rate in cases of child bonded labour.
The Way Forward: Strategies for Progress
- Data collection
The Government must undertake data collection through surveys prescribed by the Bonded Labour System (Abolition) Act, 1976, as a means of monitoring bonded labour and holding to account those responsible for implementing this law.
- The government should conduct inspections of work sites in areas or industries prone to bonded labour as provisioned in Sections 13 and 14 of the Act through the Vigilance Committees at the District and Sub-divisional levels. Secondly, the Labour Department is mandated to conduct a survey to ascertain the prevalence of bonded labour once every three years. The CSS provides funds to State governments for the completion of these surveys.
- The government should ensure registration of adolescent child labourers as per Sections 9 and 11 of CLP & R Act (amended 2016) and the registration of interstate migrant labourers as per Sections 7 and 8 of the Inter-State Migrant Workmen (Central) Rules Act, 1980.
- Conviction and Deterrence
- The government should set deterrence mechanisms through timely trial and conviction in cases of child bonded labour to end impunity. Conviction and stringent punishment by itself would deter the offender from exploiting the children.
- Swift and effective prosecutions should be publicized widely to spread the awareness, citizen’s vigilance, and message of intolerance for bonded child labour.
- Implementation of Supreme and High Court orders
- The Government must strictly implement the orders of the judiciary spelled out in the BBA vs. Union of India, wherein the Supreme Court ordered the children missing for more than 4 months to be considered as trafficked, and subsequent action is taken.
- Enforce the order of the Madras High Court (HCP No.881/2016) to set up exclusive sub-units of the Anti-Human Trafficking Units in the cities and districts with adequate manpower for timely investigations and tracing of the missing children.
The system should adopt a proactive preventive approach to pre-empt children from being risked into labour bondage. The law enforcers-(labour inspectors) must conduct thorough examinations to detect bonded labour -police officers must investigate, rescue and register complaints in a timely manner; and the judiciary must bring about justice by awarding sentences according to appropriate sections of the laws against child bonded labour (Section 370 IPC ranges from 7 years to life) to enable timely realisation of complete rehabilitation assistance to the victims.
- Trafficking of Persons (Prevention, Protection, and Rehabilitation) Bill 2018
Urgently enact the new comprehensive Trafficking of Persons (Prevention, Protection, and Rehabilitation) Bill 2018, which has received Cabinet’s approval, and introduces punitive measures for all kinds of trafficking, from using victims as bonded labour or as child soldiers to forced begging.
- Integrated Progress on SDGs
To accomplish the global commitments in this regard. the Government must,
– Determine and implement national action plan corresponding to the legal frameworks, policies, and schemes for each goal; improve indicators and systematic monitoring of these targets backed with comprehensive disaggregated data on child bonded labour and inter-related issues. Adopt relevant indicators to estimate the prevalence of child bonded labour as the current indicators proposed for Target 8.7 (annual total crimes relating to human trafficking and an annual number of children missing) is inadequate to do so.
Continue the good practice of reporting on the progress on SDGs vis-à-vis child bonded labour on international fora, like the Voluntary National Review Report on India’s progress on the SDGs presented to the High-Level Political Forum at the United Nations in July 2017 by the NITI Aayog.
Economic Times. (2017)India’s bonded labour assistance to include transgender people, boost payouts. Retrieved February 9, 2018, from http://economictimes.indiatimes.com/news/economy/policy/indias-bonded-labour-assistance-to-include-transgender-people-boost-payouts/articleshow/52327901.cms
First Post. (2016, July 20)Government to release and rehabiltate bonded labour by 2030.Retrieved February 7, 2018, from: https://www.firstpost.com/business/govt-to-release-and-rehabilitate-1-84-cr-bonded-labourers-by-2030-2906748.html
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 Total rehabilitation for adult male beneficiaries is Rs. 1 lakh.
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