NAME- SAIF ALI

COURSE-B.A LL.B (H)

ROLL NO.-43

EXAMINATION ROLL NO.-17BLWS149

Q.1.What do you understand by the term ‘standing orders’ as defined under the Industrial
Employment Standing orders Act ,1946? Explain with the help of relevant decided cases?

Ans.1. The expression “Standing Orders” means rules relating to matters set out in the schedule of
this act .The following matters should according to the schedule be provided in standing orders
under this act :

1)Classification of workmen,e.g whether permanent,temporary,apprentice,probationersor badlis

2)Manner of intimating to workmen periods and hours of work, holidays, pay days and wages rates

3)Shift working

4)Attendance and late coming

5)Conditions of procedure in applying for and the authority which may grant leaves and holidays

6)Requirement to enter premises by certain gates ,and liability to search

7)Closing and reopening of sections of the industrial establishment ,and temporary stoppages of
work and the rights and liabilities of the employer and workmen arising therfrom

8)Termination of employment and the notice thereof to be given by employer and workmen

9)Suspension or dismissal for misconduct ,and acts or omission which constitute misconduct

10)Means of redress for workmen against unfair treatment or wrongful exactions by the employer or
his agents or servant.

11)Any other matter which may be prescribed

SCOPE
Standing order help us to maintain peace between the management and the workers .Due to
absence of standing orderrules and condition are not well defined that will lead to
contradiction between management and workmen .It deals with condition of employment of
workers in industrial establishment .The object of the act is to regulate the conditions of
recruitment ,discharge, disciplinary action ,holidays etc of the workers employed in industrial
undertaking.
SECTION1
Application of the act.

The Act applies to every industrial establishment-

1. Situated within the Indian union ,except the state of jammu and Kashmir;
2. Employing hundred or more workmen on any day of the preceding 12 months.

The act does not apply to the following establishement ;

1. Any industry to which the provisions of chapter VII of the Bombay industrial
relations act, 1946 apply
2. Any industrial establishment to which the provisions of the M.P. Industrial
employment act 1961 apply

SECTION2
a)Appellate authority means an authority appointed by the appropriate government by
notification in the official gazette to exercise such a\rea as may be specified in the
notification the fuctions of an appellate authority under this act

b)appropriate government means in respect of establishments under the control of the

central government or a11[Railway administration] or in a major port ,mine or oil
field ,the central government and in all other in all other cases

c)certifying officer means a labour commissioner or a regional labour commissioner

and includes any other officer appointed by the appropriate government ,by
notification in the official gazette, to perform all or any of the functions of a certifying
officer under this act

d)employer means the owner of an industrial establishment to which this act for the
time being applies , and includes

(i) in a factory, any person named under 14[clause (f) of sub-section (1) of Section 7
of the Factories Act,1948], as manager of the factory;
(ii) in any industrial establishment under the control of any department of any
Government in India, the authority appointed by such Government in this
behalf, or where no authority is so appointed, the head of the department;
(iii) in any other industrial establishment, any person responsible to the owner for the
supervision and control of the industrial establishment;

e) “industrial establishment” means

(i) an industrial establishment as defined in clause (ii) of Section 2 of the Payment of

Wages Act, 1936, or
 (ii) a factory as defined in clause (m) of Section 2 of the Factories Act, 1948, or ]
(iii) a railway as defined in clause (4) of Section 2 of the Indian Railway Act, 1890, or
(iv) the establishment of a person who, for the purpose of fulfilling a contract with the
owner of any industrial establishment, employs workmen;

(f) “prescribed’ means prescribed by rules made by the appropriate Government under
this Act ;
(g) “ standing orders” means rules relating to matters set out in the Schedule:
(h) “trade union” means a trade union for the time being registered under the Indian
Trade Union Act, 1926;
[(i) “wages” and “workman” have the meanings respectively assigned to them in
clauses (rr) and (s) of Section 2 of the Industrial Disputes Act, 1947 (14 of 1947).]

section3. Submission of draft standing orders.--

(1) Within six months from the date on which this Act becomes applicable to an
industrial establishment, the employer shall submit to the Certifying Officer five copies of the
draft standing orders proposed by him for adoption in this industrial establishment. (2)
Provision shall be made in such draft for every matter set out in the Schedule which may be
applicable to the industrial establishment, and where Model standing orders have been
prescribed shall be, so far as is practicable, in conformity with such model.

(3) The draft standing orders submitting under this section shall be accompanied by a
statement giving prescribed particulars of the workmen employed in the industrial
establishment including the name of the trade union, if any, to which they belong.

(4) Subject to such conditions as may be prescribed, a group of employers in similar

industrial establishments may submit a joint draft of standing orders under this
section.

SECTION4. Conditions for certification of standing orders.--

Standing orders shall be certifiable under this Act if--

(a) provision is made therein for every matter set out in the Schedule which is
applicable to the industrial establishment, and
 (b) the standing orders are otherwise in conformity with the provisions of this Act ;

and it shall not be the function of the Certifying Officer or appellate authority to
adjudicate upon the fairness or reasonableness of the provisions of any standing
orders.

SECTION5. Certification of standing orders.--

(1) On receipt of the draft under Section3, the Certifying Officer shall forward a copy
thereof to the trade union, if any, of the workmen, or where there is no such trade union, if
any, of the workmen or where there is no trade union, to the workmen in such manner as may
be prescribed, together with a notice in
the prescribed form requiring objections, if any, which the workmen may desire to make to
the draft standing orders to be submitted to him within fifteen days from the receipt of the
notice.

(2) After giving the employer and the trade union or such other representatives of the 
workmen as may be prescribed an opportunity of being heard, the Certifying Officer shall
decide whether or not any modification of or addition to the draft submitted by the employer
is necessary to render the draft standing orders certifiable under this Act, and shall make an
order in writing accordingly.

(3) The Certifying Officer shall thereupon certify the draft standing orders, after making any
modifications there in which his order under sub-section (2) may require, and shall within
seven days thereafter send copies of the certified standing orders authenticated in the
prescribed manner and of his order under sub-section (2) to the employer and to the trade
union or other prescribed representatives of the workmen.

SECTION6. Appeals.--

(1) Any person, workmen, trade union or other prescribed representatives of the
workmen] aggrieved by the order of the Certifying Officer under sub-section (2) of
Section 5 may, within twenty-one days from the date on which copies are sent under
sub-section (3) of that section, appeal to the appellate authority, and the appellate
authority, whose decision shall be final, shall by order in writing confirm the standing
orders either in the form certified by the Certifying Officer or after amending the said
standing orders by making such modifications thereof or additions there to as it thinks
necessary to render the standing orders certifiable under this Act.
(2) The appellate authority shall, within seven days of its order under sub-section (1)
send copies thereof to the Certifying Officer, to the employer and to the trade union or
other prescribed representatives of the workmen, accompanied, unless it has
confirmed without amendment the standing orders as certified by the Certifying
Officer, by copies of the standing orders a certified by it and authenticated in the
prescribed manner.

CASE LAWS

S.K. GHOSH V. CHAIRMAN O.S.E BOARD

That the clause ‘termination of employment’ in item 8 of the schedule and the word
‘supernaution’ cannot be equated .The former is a positive act by which one party
,while the latter is an event which come more or less in an automatic process . An age
is fixed on the reaching of which the holder of an office is required to go out of office.
There is no volition in the Act

NEW VICTORIA MILLS CO. LTD. V. PRESIDING OFFICER LABOUR COURT

Held that the misconduct for which an employee may be dismissed need not
necessarily have been committed in the course of his employment. Therefore, a
workman employed as a sweeper who has either been proved th have committed a
theft or to have so acted facilitate or aid theft may be guilty of such misconduct as to
justify his dismissal . All that has to be shown is that the alleged misconduct affects
the competence of the employee for the particular kind of work he does

U.P. STATE TEXTILE CORPORATION LTD. V. SURESH KUMAR

Respondent , deputy manager was appointed for a fixed period of three years from
September 1957. He was terminated from service in 1989 for unauthorised and
habitual absence . The U.P. Public Service Tribunal as well as the High Court held the
termination was stigmatic and could not sustained .Hence, an appeal was preferred to
the Supreme Court by textile corporation which had become defunct

ASSOCIATED CEMENT COMPANIES LTD. V. T.C. SRIVASTAVA AND OTHERS

Held neither under ordinary law of the land nor under industrial law a second
opportunity to show cause against the proposed punishment is necessary. This does
not mean that a standing order may not provide for it, but unless the standing order
provides for it , either expressly or by necessary implication, no injury which is
otherwise fair and valid will be vitiated by non-affording of such second opportunity
Q2.Explain the definition of factory as given under section2(m)of the factories act,Refer
to decided cases in support of your answer.

ANS.2 In later half of nineteen century there is a large scale of opening of industry/factory in
India . Major Moore inspector in chief of Bombay cotton department in his research raised
the question for the provision of legislation to regulate the working of factories. In 1881, first
factory act was enacted, after that act was amended/changed on many events. After that in
1934 all act which was passed earlier has been replaced. Therefore, the Factories Act, 1948
consolidating and amending the law relating to labour in factories, was passed by the
Constituent Assembly on August 28, 1948. The Act received the assent of Governor General
of India on 23 September 1948 and came into force on April 1, 1949.

Objective of Factories Act ,1948

The main objectives of the Indian Factories Act, 1948are to regulate the working
conditions in factories, to regulate health, safety welfare, and annual leave and enact
special provision in respect of young persons, women and children who work in the
factories.

1.Working Hours:
According to the provision of working hours of adults, no adult worker shall be
required or allowed to work in a factory for more than 48 hours in a week. There
should be a weekly holiday.

2.Health:
For protecting the health of workers, the Act lays down that every factory shall be
kept clean and all necessary precautions shall be taken in this regard. The factories
should have proper drainage system, adequate lighting, ventilation, temperature etc.

Adequate arrangements for drinking water should be made. Sufficient latrine and
urinals should be provided at convenient places. These should be easily accessible to
workers and must be kept cleaned.

3. Safety:
In order to provide safety to the workers, the Act provides that the machinery should
be fenced, no young person shall work at any dangerous machine, in confined spaces,
there should be provision for manholes of adequate size so that in case of emergency
the workers can escape.

4. Welfare:
For the welfare of the workers, the Act provides that in every factory adequate and
suitable facilities for washing should be provided and maintained for the use of
workers.
Facilities for storing and drying clothing, facilities for sitting, first-aid appliances,
shelters, rest rooms’ and lunch rooms, crèches, should be there.

5. Penalties:-
The provisions of The Factories Act, 1948, or any rules made under the Act, or any
order given in writing under the Act is violated, it is treated as an offence. The
following penalties can be imposed:-
(a) Imprisonment for a term which may extend to one year;
(b) Fine which may extend to one lakh rupees; or
(c) Both fine and imprisonment.

Applicability of Factories Act, 1948

The Act is applicable to any factory whereon ten or more workers are working, or
were working on any day of the preceding twelve months, and in any part of which a
manufacturing process is being carried on with the aid of power, or is ordinarily so
carried on, or whereon twenty or more workers are working, or were working on any
day of the preceding twelve months, and in any part of which a manufacturing process
is being carried on without the aid of power, or is ordinarily so carried on; but this
does not include a mine, or a mobile unit belonging to the armed forces of the union, a
raiilway running shed or a hotel, restaurant or eating place.

Importance of Factories Act, 1948

The Factories Act, 1948 is a beneficial legislation. The aim and object of the Act is
essentially to safeguard the interests of workers, stop their exploitation and take care
of their safety, hygiene and welfare at their places of work. It casts various
obligations, duties and responsibilities on the occupier of a factory and also on the
factory manager. Amendments to the Act and court decisions have further extended
the nature and scope of the concept of occupier, especially vis-a-vis hazardous
processes in factories.lway running shed or a hotel, restaurant or eating place.

DEFINITION The definition of ‘Factory’ is given in section 2(m) of the Factories

Act,1948. Section 2(m) defines the term ‘Factory’ as: - ‘Factory’ means: any premises
or precincts thereof –

(i) whereon 10 or more workers are working, or were working, on any day of the
preceding 12 months, and in any part of which a manufacturing process is being
carried on with the aid of power, or is ordinarily so carried on; or

(ii) whereon twenty or more workers are working, or working on any day of the
preceding 12 months and in any part of which a manufacturing process is being
carried on without the aid of power ,or is ordinarily so carried on, but does not include
(i) a mine subject to the operation of the Mines Act 1952, or (ii) a mobile unit
belonging to the armed forces of the Union of India, (iii) a railway running shed, or
 (iv) a hotel , (v) a restaurant, (vi) eating place., (vii) poly house or (viii) Green house
engaged in the activity of floriculture or pomology or high value crops.

CASE LAWS

Ardeshir v. Bombay State

It was held that the word ‘premises’ is a generic term meaning open land or land with
buildings or buildings alone. The expression “premises including precincts” does not
necessarily mean that the premises must always have precincts. Even buildings need not have
any ‘premises’ but is a term which enlarges its scope.

Employee’s State Insurance Corpn. V. Jalandhar Gymkhana Club

It was held that the preparation of food and drinks attached to the club and preservation and
storing of articles in the cold storage would be a manufacturing process under section 2(k) of
the factories Act and therefore it follows that the premises of the club is a factory under
Section 2(m) of the factories Act 1948

V.P. Gopala Rao v. Public Prosecutor, Andhra Pradesh

It was held that the manufacturing process was carried on in the premises and the persons
employed were workers and premises a ‘Factory within the meaning of section 2(m) of the
Act

Parry’s (Cal) Employees Union v. Third Industrial Tribunal, West Bengal and others

It was held that mere designation of an employee as a packer will not make establishment a
factory unless it is shown the ingredients of factories as amended Section 2(m) of the
factories Act ,1948 are present .Since this point was not raised before tribunal, hence
petitioner are not entitled to raise it in writ petition

Bhakra Beas Management Board v. Employees’ State Insurance Corporation and other

It was held that the sub stations of the petitioner Electricity Board did not satisfy the
definition of factory , since no manufacturing process was carried on in them
 UNIT III

QUESTION 3- The minimum wages Act 1948 with the object of securing basic
subsistence level to the workers have upgraded the status of Directive Principles of State
Policy and seems to be in conflict with Article 19 (1)(g) of the constitution. Explain with
the help of judicial decisions.

ANSWER 3- The minimum wages Act 1948 is an act of parliament concerning Indian
labour law the sets the minimum wages that must be paid to skilled and unskilled labour.

This act was passed for the welfare of the labourers in the competitive market this act secures
the workers minimum level of wages in certain employements. In developing country like
ours fixation of minimum wages is very necessary because many of the organisations are
poorly developed and the labourers bargaining power is consequently low.

OBJECTIVE- The main objective of this act is to prevent the exploitation of the less
privileged ,less educated , less organised labourers by the hands of the members of the high
class society called the capitalist class. Thus to provide security to these weaker section of the
society for example labourers ,factory worker, this minimum wages act 1948 was passed

In a developing country like India ,which faces the problem of unemployment on a very large
scale .So there are many chances of labourers to work in factory even on starvation wages.
The minimum wages rates must ensure not only the mere physical need of the worker which
would keep him above starvation situation but also provide minimum living standard of life.

The minimum wages act has also upgraded the status of the directive principles of state
policy. The directive principle of state policy aims to create social and economic condition
under which the citizens can lead a good life .They also aim to establish social and economic
democracy through a welfare state .The state before making any law .Directive principle of
state policy contained in article 43 of our constitution that securing the living wages of
labourers ,that ensures not only physical subsistence but also the maintenance of health and
properties to the general interest of the public

Article19(1)(g)-of the constitution guarantees that all the citizens have the right to practice
any profession or to carry on any occupation /trade or business

On the other hand if the labourers are to be secured the employment of minimum wages and
to be protected from the exploitation of their it is also necessary that some control should be
levied upon there freedom of contract and such restriction should be sensible. On the other
hand employees can not be heard to complain if they are forced to any minimum wages to
their labourers even though labourers on account of their proverty and helplessness are
willing to work on lesser wages

The Constitutional validity of the act is attacked on the ground that it violates the guarantee
of freedom of trade or business etc. In expectation of article 19(1)(g)of the constitution in as
much as the provisions of the act Are bound to effect badly and even cruelty a particular class
of employers who for purely economic reasons are unable to minimum wages fixed under the
wages act 1948 by the authorities ,and have absolutely no dishonest intention of taking
advantage of workers.

The fact that the employer might find it difficult to carry on his business on settled principle.
The poverty of labour is also a factor to be taken in consideration while determining the fact
the particular provision is in the interest of general public.

The appropriate government has undoubtly been given very wide powers with regard to the
procedure for fixing of minimum wages. But it has also to take into account before fixing the
minimum wage, the advice of the committee appointed or representative of the people or who
are likely to be affected by it.

However, there is no provision regarding review of the decision of the appropriate

government but that by itself cannot be taken to hold the provisions of the act as
unreasonable.

Therefore the restrictions, though they interfered to some extent with the freedom of trade
and business guaranteed under article 19(1)(g) of the constitution.

CASE LAWS

Venkataraman v. State of Madras,  

also the same point was reiterated, and said that the Madras Government’s order to give
preference to the Harijans and backward classes was unconstitutional for it was
discriminatory in relation to other backward classes.

 State of Madras v. Champakam Dorairajan  ,

where the court invalidated an order which provided for communal reservation of seats for
admission into a State educational institution, even though it was inspired by Article 46.
According to the court, since Fundamental Rights were enforceable and the directive
Principles were not, the laws to implement Directive Principles could not take away
Fundamental Rights. The Directive Principles should run subsidiary and conform to the
Fundamental Rights.

Hanif Quareshi Mohd. v. State of Bihar  ,

where the court invalidated a ban on the slaughter of all cattle, on the ground that it
constituted an unreasonable restriction on the right to carry on a butcher’s business, as
guaranteed by Article 19(1)(g), notwithstanding the Directive under Article 41. However it
was stated that the Constitution has to be interpreted harmoniously, and the Directive
principles must be implemented, but it must not be done in such a way that its laws takes
away or abridge the fundamental rights. Otherwise the protecting provisions of Chapter III
will be “a mere rope of sand
 UNIT IV

Q4)Define the term Manufacturing process, Employment Injury, Permanent Partial

Disablement as used in the Employee state insurance act 1948. Refer to relevant case laws.

ANS4) Manufacturing Process- this expression define in the factories Act ,1948
.Manufacturing process is a very wide term. It merely refers to the particular business carried
on and does not necessary refers to the production of some article . As defined by the factoies
Act, manufacturing process means any process for;

I. Making, altering, repairing, ornamenting, finishing, packing ,oiling ,washing ,

cleaning, breaking up, demolishing or otherwise treating or adapting any article or
substance with a view to its use sale, transport delivery or disposal ;or
II. Pumping oil water or sewage ;or
III. Generating transforming or transmitting power; or
IV. Composing types for printing by letter press lithograph photogravure or other similar
process or book binding ;or
V. Construction ,reconstructing repairing ,refitting ,finishing or breaking up ships or
vessels.
Cases;-
In E.S.I.C Bombay v. Vyankatesh co-op .processors society Ltd. & another,

the society was engaged in bleaching ,dyeing and mercerising of grey-cloth

.water used for this is not brought in by employment power .power was used for treating
effluent before discharging it into Krishna river. This was because of provision of pollution
Act. No power is used in manufacturing work of the society .it was held that there being no
nexus between the manufacturing activity and the treatment and eventual discharge of the
effluent the use of power was not for any manufacturing process of the factory of society .

In Osmania university v.Regional Director ,E.S.I.C.Andhra Pradesh the question was

whether the provision of Employees’ state Insurance Act,1948 are applicable in respect of the
employees working in the Department of Publications and press of the osmania university. It
was held that the said Department is engaged in the printing of text books ,journals,
forms,stationary and other items and the activities are a manufacturing process and therefore
factory within the meaning of Section 2(12)of the Act justifying the application of the Act.

Employment Injury;- The following are the ingredients of an Employment injury;

1. The injury must be personal to an employee.

2. The injury must be caused by an-
 Accident ;or
 Occupational disease.
3. The accident must arise out of and in the course of employement .
4. The employment must be insurable.
For a proper understanding of the definition of employment injury it is
necessary to know the meaning of certain words and expression used in this sub-
section .I have already discussed under the workmen’s compensation Act the
meanings of accident personal injury and occupational disease .they apply in this
Act also similar the meaning of the expression arising out of and in the course of
employment and notional extension of employers’
Premises discussed under the workmen’s compensation Act applies to this Act.
.
Case;-
In sheela v. E.S.I. corporation-
An employee of M\s. Electronic product of india,Chandigarh left his
house at about 8.30 a.m. to join his duties at 9a.m.He died while he was going to
his place of work .the theory of notational extension will apply and the death
occurred in the course of employment.
In Matherunisha Ahmed khan pathan other v.Employment state insurance
corporation
A workman while returning home was assaulted by a mob during
communal riots and died . It was held that the place of accident need not
necessarily be located within the limits of the factory premises so long as the place
of accident falls within a zone which can be notionally deemed to be the zone of
the factory for the propose of the Act by recourse to the theory of notional
extension .Therefore death was employment injury within the meaning of section
2(8) of the Act.

Permanent Partial disablement –The definition given in the Act has a following
ingredients
1. Partial disablement must be of a permanent nature
2. The disablement must reduce the earning capacity of an employee
3. Reduction of earning capacity must be in every employment which he was
capable of undertaking at the time of the accident resulting in the
disablement

Case
Ball v. William hunt 1912 A.C.496
In this case ,an employee was blind in one eye but they did it was not
visible. After sometime he suffered an employment injury necessitating the
removal of the eyeball of the injured eye, consequently, as a result of this
visible defect he could not get employment although he was physically
capable of doing any job which he could do before the accident .It was
held that incapacity for work includes “liability to work”
 UNIT V

QUES5. What is forced labour? Is it the same as trafficking and slavery? Discuss the
legislative and judicial action for eradicating bonded labour in India.

ANS5. Forced labour can be understood as work that is performed involuntarily and under

the menace of any penalty. It refers to situations in which persons are coerced to work
through the use of violence or intimidation, or by more subtle means such as manipulated
debt, retention of identity papers or threats of denunciation to immigration authorities.

The Definition of forced labour

According to the ILO Forced Labour Convention, 1930 (No. 29) , forced or compulsory

labour is:

"all work or service which is exacted from any person under the threat of a penalty and for
which the person has not offered himself or herself voluntarily."

The Forced Labour Protocol (Article 1(3)) explicitly reaffirms this definition.

This definition consists of three elements:

1. Work or service refers to all types of work occurring in any activity, industry or sector
including in the informal economy.

2. Menace of any penalty refers to a wide range of penalties used to compel someone to

work.

3. Involuntariness: The terms “offered voluntarily” refer to the free and informed

consent of a worker to take a job and his or her freedom to leave at any time. This is
not the case for example when an employer or recruiter makes false promises so that a
worker take a job he or she would not otherwise have accepted.

Exceptions to the “forced labour” definition

Article 2(2) of Convention No. 29 describes five situations, which constitute exceptions to

the “forced labour” definition under certain conditions (See General Survey on Forced
Labour, ILO Committee of Experts, 2007 ):

 Compulsory military service.

 Normal civic obligations.

 Prison labour (under certain conditions).

 Work in emergency, situations (such as war, calamity or threatened calamity e.g. fire,
flood, famine, earthquake).
  Minor communal services (within the community).

Forced labour imposed by state authorities

The Abolition of Forced Labour Convention No. 105  adopted by the ILO in 1957 primarily
concerns forced labour imposed by state authorities. It prohibits specifically the use of forced
labour:

 as punishment for the expression of political views,

 for the purposes of economic development,

 as a means of labour discipline,

 as a punishment for participation in strikes,

 as a means of racial, religious or other discrimination

TRAFFICKING

Elements of human trafficking

On the basis of the definition given in the Trafficking in Persons Protocol, it is evident
that trafficking in persons has three constituent elements;

The Act (What is done)

Recruitment, transportation, transfer, harbouring or receipt of persons

The Means (How it is done)

Threat or use of force, coercion, abduction, fraud, deception, abuse of power or

vulnerability, or giving payments or benefits to a person in control of the victim

The Purpose (Why it is done)

For the purpose of exploitation, which includes exploiting the prostitution of others,
sexual exploitation, forced labour, slavery or similar practices and the removal of
organs.

To ascertain whether a particular circumstance constitutes trafficking in persons,

consider the definition of trafficking in the Trafficking in Persons Protocol and the
constituent elements of the offense, as defined by relevant domestic legislation.

Criminalization of human trafficking

The definition contained in article 3 of the Trafficking in Persons Protocol is meant to

provide consistency and consensus around the world on the phenomenon of
trafficking in persons. Article 5 therefore requires that the conduct set out in article 3
 be criminalized in domestic legislation. Domestic legislation does not need to follow
the language of the Trafficking in Persons Protocol precisely, but should be adapted in
accordance with domestic legal systems to give effect to the concepts contained in the
Protocol.

In addition to the criminalization of trafficking, the Trafficking in Persons Protocol

requires criminalization also of:

 Attempts to commit a trafficking offence

 Participation as an accomplice in such an offence

 Organizing or directing others to commit trafficking.

National legislation should adopt the broad definition of trafficking prescribed in the
Protocol. The legislative definition should be dynamic and flexible so as to empower
the legislative framework to respond effectively to trafficking which:

 Occurs both across borders and within a country (not just cross-border)

 Is for a range of exploitative purposes (not just sexual exploitation)

 Victimizes children, women and men (Not just women, or adults, but also men and
children)

 Takes place with or without the involvement of organized crime groups.

SLAVERY

Slavery, condition in which one human being was owned by another. A slave was considered
by law as property, or chattel, and was deprived of most of the rights ordinarily held by free
persons.

Slavery was a form of dependent labour performed by a nonfamily member. The slave was
deprived of personal liberty and the right to move about geographically as he desired. There
were likely to be limits on his capacity to make choices with regard to his occupation and
sexual partners as well. Slavery was usually, but not always, involuntary. If not all of these
characterizations in their most restrictive forms applied to a slave, the slave regime in that
place is likely to be characterized as “mild”; if almost all of them did, then it ordinarily would
be characterized as “severe.”

ERADICATING BONDED LABOUR

a) Reaching Households rather than Children: In most cases, however, children are not kept
in bondage separately from their parents. The entire family is bonded and children work for
little or no remuneration alongside their parents. In cases where children work in bondage
away from their family (e.g. domestic work), a decision was made by adult household
members to place a child in bondage. In other cases children can inherit debt from parents. As
a consequence, to prevent child bondage interventions must impact the whole family. A
“child only” approach will not succeed because it would not address core household
problems (e.g. lack of income, food insecurity).

b) Prevention versus Rehabilitation: There are five different types of interventions necessary
to eradicate International Journal of Computing and Corporate Research ISSN : First,
policymakers need to accept that debt bondage is an issue about which they should be
concerned, and then create an appropriate legislative and legal environment. The second
intervention is to identify bonded laborers and then third to use the legal system to release
them. The fourth step is to rehabilitate released laborers. The final intervention is to create
conditions in the labor and credit markets to prevent debt bondage.

c) Preventing Debt Bondage: To prevent debt bondage, viable forms of intervention must be
developed. To this end, the ILO is piloting cost-effective interventions to solve bonded labor
situations in Bangladesh, India, Nepal and Pakistan. In each country the ILO has partnered
with multipurpose NGOs to develop and deliver a package of services designed to prevent
debt bondage (Bangladesh, Andhra Pradesh, Tamil Nadu) or to rehabilitate bonded laborers
that have been officially released (Nepal, Pakistan). With most partners, the project is small
part of the NGO’s overall activities, but one that has attracted a significant amount of
attention and support from the NGO’s senior management.

d) Microfinance services for extreme poor: The project organizes savings and credit groups to
extend financial services to very poor households at risk of bondage or already in mild forms
of bondage or who have been legally released from bondage. For prevention, targeting
criteria include poverty indicators as well as factors that suggest that the employer might
coerce these families. The ILO’s implementing partners in the four countries are all
experimenting International Journal of Computing and Corporate Research ISSN with
different sets of financial services specifically designed for poor households, with an
emphasis on building assets, diversifying income sources and reducing vulnerability.

e) Social empowerment: Through the saving and credit groups, social awareness messages
are spread on critical topics such as human and labor rights, hygiene and health care,
reduction of unsustainable expenses, and procedures for accessing Government schemes.
Communication methods include discussions in group meetings, songs, street theatre, and
wall painting. Also functional literacy classes are provided to some groups based on demand.

f) Education: The intergenerational nature of bonded labor, and the fact that children are
often the victims, necessitates an intervention that also assists youths. The project provides
non-formal education centers for children between 9 and 14 years old that dropped out or
never attended school because they had to work to repay their parents’ debts. These bridge
schools provide remedial education to prepare students to be mainstreamed into the school
system. For children above 14 years of age, the education component involves the provision
of basic literacy and numeracy classes and skills training.
g) Skill training: Skill training is provided to adults and adolescents as per their capacity,
market needs and their personal development plans. It is possible to either upgrade their
competence in their current field or to offer an alternative livelihood. The objective is assist
households to diversify their income sources so International Journal of Computing and
Corporate Research ISSN (Online) : 2249-054X Volume 4 Issue 1 January 2014 International
they become less economically dependent on the landlord or employer.

h) Health: Since health expenses are primary debt triggers, the project provides both
preventive and curative health services to the target population. These services vary from one
place to another depending on the locally identified need but their common feature is to allow
the population access to safe drinking water (hand pumps and rainwater harvesting), reinforce
hygiene practices (pit latrines), and provide mother and infant care (pre- and post-natal
follow-up, training of traditional birth assistants). In some places services also extend to the
creation of health posts, implementation of a system of referrals and emergency transport to
hospitals.