Child Labour & Trafficking

Training on law enforcement

Bachpan Bachao Andolan and its resource persons are regularly involved in training of law enforcement officials especially the police, on a variety of anti-trafficking legislations, enforcement of laws pertaining to trafficking, prosecution and conviction of traffickers and employers etc. BBA has been involved in training of Police in five states in the country through our U.N office of Drugs and Crime, UNODC project and it is a regular resource person for the Central Bureau Of Investigation and other anti-human trafficking units functional in various states across the country. Similarly BBA also provides anti trafficking and anti child labour training for labour department officials, Police officials etc.

Publications on Trafficking Trafficking is one of the most dangerous means used to take children away from their circle of influence and to force them into work against their will. While trafficking for commercial sexual exploitation is common and widely understood, trafficking for forced labour is less recognized and even lesser understood. Bachpan Bachao Andolan has been conducting several awareness campaigns to bring about mass sensitization of people and advocacy programmes to bring it to the top of the political agenda. Below are attached a few publications related to our work on trafficking.
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South Asian March Agiant Child Ttrafficking Report 2007 Standard Operating Procedures (SOP)

Child Labour & Trafficking Know about Trafficking & Forced Labour

Trafficking in persons, especially children, is as old as human kind. However, the concerted approach to eliminate all forms of trafficking is a very recent phenomenon, especially after the UN Palermo Protocol of 2000 (Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children). BBA, since its inception, has been working against forced and bonded labour, with extensive advocacy for fundamental rights and legal instruments against trafficking and bonded labour in India. The largest civil society initiative in the issue of child trafficking for forced labour has been initiated by BBA in the form of South Asia March against Child Trafficking for Bonded Labour. This venture has been joined in by 100 child survivors of the crime, 3 government ministries in India, The Government of Nepal, 6 United Nations Agencies, and over 500 civil society partners. The March covered a distance of 5200 kms in various source areas of trafficking in the vulnerable communities of India, along the Indo-Bangladesh border and in Nepal. This March took its path demanding comprehensive law against trafficking for child labour in India and in the South Asian region.

Public Hearing on Education

4th - 8th September 2010 Questionnaire Dear Friends, Guidelines

As you all are aware that the head of states and government would be meeting on the special occasion to review the progress of Millennium Development Goals (MDG) in New York, from 20-22 September 2010. Bachpan Bachao Andolan (BBA, trans. Save the Childhood Movement) firmly holds that achievement of the Goal 2: Universal Primary Education is a cross-cutting goal among the MDGs. It is critical to the elimination of child labour, gender equity, reducing poverty, improving maternal health, reducing diseases and promoting sustainable partnerships. Since its inception in 1980 BBA has been spearheading the campaign for the right to education. As we believed and advocated that elimination of child labour is achievable only by good quality free education. With the support of several organisation we had successfully organised a 15,000 km march (Shiksha Yatra, Education March) across 23 states of India in 2001, which lead to the 86th amendment in Constitution of India making education a fundamental right. Further, BBA has also facilitated a Parliamentarian Forum on Education of more than 150 elected Members of Parliament across the political parties, which has played an important role in the enactment of the Right of the Children to Free and Compulsory Education Act 2009 (RTE Act 2009). Although, the RTE Act 2009 has several loopholes we appreciate the action and intentions of the central and state governments in India. The initial questions of its functioning, feasibility, earmarking of adequate funds, pattern of budget sharing with states, etc. are still unanswered. BBA through its activities is directly associated with lakhs of people and children across the nation. From our experience of working on child and education rights, we sincerely feel that until and unless the ownership and participation of every stakeholder is not ensured the RTE is unachievable. It also necessary that ground realities, the real concern and problems of people should be addressed. For the success of this Act it is important that the efforts of teachers, Panchayats and civil society should be gathered and documented. This all can be possible through a social action and mobilisation. For the expected outcome and desired success it is very important that there should a transparency in information sharing at all levels from all relevant authorities to the stakeholders. With this background, BBA is organising countrywide public hearings on RTE, as a part of our Peoples Review of MDG Goal 2 to Achieve Universal Primary Education. The key objectives of the hundreds of public hearing at village, block, district, state levels involving the elected Parliamentarians and legislators, Panchayati Raj Institutions, education officials, administrative officials, civil society organisation, teachers groups and educators, media, community members, common people, students, children out of school, child leaders, are: 1. Creating awareness and understanding of the RTE and its implication for the key stakeholders including

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their responsibilities, Building participation and ownership among the various stakeholders for the real and tangible implementation and monitoring of the RTE, and Collecting and documenting good practices on the realisation of the education right at the grassroots levels to disseminate them as concrete examples of successes.

Children and parents will question their representatives on the crucial right to free and compulsory education. We have included a background document and sample list of questions for your reference and action. BBA calls upon all its members, partners, and concerned child rights and civil society organisations to support the Peoples Review of MDG Goal 2 from 5th to 8th September 2010 in India and Nepal, and lend support to the RTE Act 2009 and give a push to the achievement of the MDGs. BBA will take the outcome of the Peoples Review of MDG Goal 2 to the MDG Review Summit in New York. Through this campaign, let us join hand in supporting the childrens right to an education and to be free from exploitative labour conditions.

Child Labour & Trafficking

Training on law enforcement
Bachpan Bachao Andolan and its resource persons are regularly involved in training of law enforcement officials especially the police, on a variety of anti-trafficking legislations, enforcement of laws pertaining to trafficking, prosecution and conviction of traffickers and employers etc. BBA has been involved in training of Police in five states in the country through our U.N office of Drugs and Crime, UNODC project and it is a regular resource person for the Central Bureau Of Investigation and other anti-human trafficking units functional in various states across the country. Similarly BBA also provides anti trafficking and anti child labour training for labour department officials, Police officials etc.

Shiksha Yatra: - India Marches For Education Mission: - "To build a National Movement Towards An Educated India" Need for the Shiksha Yatra The architects of the Indian Constitution laid the foundation for not only a Secular Republic but also the foundation for a Literate India. This is reflected by the declaration under Article 45 of the Constitution-"That the State shall within ten years of the commencement of the constitution provide free and compulsory education to all children. Today India is confronted with a grim reality. On the one hand, India has emerged, as a superpower in the information technology and on the other hand 12 crore children in the country are illiterate. It is a matter of shame that a country which has held a respectable position in science, knowledge, religion today accounts for the largest number of illiterate in the world. Out of 88 crore illiterate, 32 crore are Indians, out of which 62% are women.

Under the leadership of Mr. Kailash Satyarthi, Bachpan Bachao Andolan (SACCS) since the last 20 years is waging a war against child labour. A doyen in the field of fight against child servitude, it was the unrelenting efforts of only one personality who spearheaded a movement at the local, national and international level to give millions of children under servitude an opportunity to be released from the shackles of bondage. His approach not only entails release but also includes rehabilitation. SACCS has been successful in bringing the issue of child labour onto the social, political and economic agendas both nationally and internationally. SACCS has with great success followed the tradition of marching to reach the masses on vital issues of social significance. To sensitize and mobilise social action, SACCS accomplished the 80,000km. Global March against Child Labour. The March was actively supported by 70 lakhs participants in 108 countries. The Global March Against Child Labour paved the way for the adoption of ILO Convention 182 to combat worst forms of child labour. Need for a Peoples Movement We appreciate the initiatives taken by various organisations, individual, state government and the Central Government in the field of elementary education. But at the same time we feel the urgent need for a people's movement. Besides government civil society also bears the responsibility for failing to challenge the governments apathy and to give forceful expression to popular aspiration for education. Henceforth SACCS felt the need for a Shiksha Yatra. We know that millions of children who are languished under bondage are not capable of demanding their rights due to lack of awareness about their rights. Social awareness and consciousness cannot be raised by holding workshops and seminars in big cities. There is no dearth of reports recommendations and committees. what ails is lack of social awareness, political will and lack of a vision. In search of greener pastures, crores of children migrate to the cities, but they end up languishing in bondage and slavery. The big talks on our rich and varied culture, tradition, patriotism, constitution religion, democracy is meaningless until and unless each and every citizen in the country is involved in the decision making process. This is possible only each and every child in this country is entitled to free, compulsory and

meaningful quality education. Let us put our heads and hearts together to pledge for liberation of humanity for educating each one who has come on earth it now becomes our duty which we should perform with at most sincerity. Bachpan Bachao Andolan/ South Asian Coalition On Child Servitude request you to extend your kind support and participation in this Shiksha Yatra as we believe anywhere near our goal especially when our fight is against an age old evil illiteracy which is firmly root in our society. Objectives
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To ensure immediate passage and implementation of the 83rd Constitutional Amendment Bill for free, compulsory and meaningful, quality education for girls and boys upto the age of 18 years, with increased provision of quality early childhood education and care. Increased public expenditure on education to at least 6% of GNP. Networking and mobilising the support of the Teachers Organisation, Students Union, NCC, NSS, Panchayats, Nehru Yuvak Kendra, Trade Unions, Government4 NGO's and other civil society organisations. Imposition of special education tax on foreign investors in India, Multi National Corporation and Local Private Sector for additional resource mobilization. Lobbying for reducing the military expenditure and other unneccesary expenditure at the national, regional and international level. Lobbying for more extensive and broader debt cancellation and allocation of these funds for education.

National Media Launch of the Shiksha Yatra The National Media Launch of the Shiksha Yatra was held on January 18, 2001. Fully endorsing and supporting the Shiksha Yatra, United Nation's Population Control Ambassador and Bollywood Actress Ms. Manisha Koirala and eminent Director Mr. Mahesh Bhatt, said "Too often we take education as a privilege, not as a right." Educating children is one of the most important factors for development." Bhatt was more vociferous "Just imagine what will happen when crores of children get a platform to voice the kind of life they were shackled to," he said referring to the Yatra. "We are dream manufacturers and belong to the virtual worldbut people should be wary of entertainment products," stressed Bhatt.

"How can you create a fair world by denying them the basic tool to fight," he said pointing out that fairness in the distribution of opportunities was not there. Raid & Rescue
India has the dubious distinction of having the largest number of child victims of slavery, bonded labour, child labour and trafficking pushed into hazardous and dangerous illicit occupations and other forms of exploitation. The process of victim assistance in BBA involves providing all necessary legal, judicial, administrative and psycho-social welfare to the child. It involves rescue and rehabilitation of the child victims, prosecution of employers and traffickers, providing psychological, social and economic support to the children, who have been victims of forced labour, bonded labour and trafficking. BBA works with parents whose children have been kidnapped or have gone missing, with communities in awareness generation, with the Law Enforcement Agencies (LEAs) and the Judiciary in ensuring that all the children, who have been victims/survivors of child labour and trafficking, have been entitled to their fundamental legal rights. In recent times, BBA has considerably expanded its legal aid and support wing to the children in issues pertaining to the violation of their rights. Through a long term advocacy in the field and as an outcome of the same, the Hon. Chief Justice of Supreme Court has directed for an opening of an All India Legal Aid Cell at the BBA central office, New Delhi and also at Mukti Ashram in Ibrahimpur, Delhi in collaboration with the National Legal Services Authority (NALSA) and the Delhi Legal Services Authority (DLSA). The objective of the endeavour is to realise the constitutional ideal of equality and justice to every child, through the creation of an instrument where every child has access to physical, social, psychological, moral and spiritual development.

IDENTIFICATION
Any child who is seen in a state of exploitation, appointed in unlawful, dangerous or clandestine activities and whose circumstance demands for immediate care and protection are identified for rescue. Complaints are gathered from parents, public spirited citizens and children themselves.

RESCUE
After identification, a complaint is filed with the appropriate authority to take necessary legal action for rescue and recovery of the child. The most appropriate authority here is the District Magistrate (DM) who has the power to initiate rescue and subsequent recovery of the child and also make provisions for effective rehabilitation of the child through the implementation of the various government schemes; as for example, if a child is recognised as a bonded labourer, the child is entitled to a compensation of Rs.20000 by the Central and the State government (Rs 10000 from each). Moreover, if the child is below 14 years of age and falls under the definition of the Child Labour Act, then a fine of Rs.20000 is collected from the employer which goes for the educational rehabilitation of the child. During the rescue and recovery operations utmost care is taken to protect the child, both physically and psychologically. It is of utter importance that the child be kept away from the employer or the trafficker, as the latter might intimidate the vulnerable victim who has been subject to his exploitation.

POST RESCUE

After rescue, the child is assisted to the police station where an FIR is filed against the employer/trafficker under all the possible appropriate legal and penal instruments of India. Thereafter, the child is referred to the childrens home (Mukti Ashram) by the DM, for immediate medical and other necessary assistance, e.g. food, water, clothes, shelter and medical assistance. In Mukti Ashram, the child spends as little time as possible: till his legal formalities are taken care of by the organisation. After which the child is repatriated back to his family. However, for a child from another state, who has been a victim of trafficking, it is the Child Welfare Committee (CWC) through which the repatriation is done.

FOLLOW UP
After a month or two a follow up is done of the children who have been repatriated to his family. The follow up process does a reality assessment of the status of the childs psycho-social rehabilitation. If the child is about 9 or 10 years of age and requires education and/or vocational training, the childs parents are encouraged to send the child to Bal Ashram (Sanctuary for Boys) for a long term rehabilitation.

Victims' Assistance

Repatriation/ Reintegration
BA firmly believes that the best place for a child is his/her home and in majority of the cases children have been victimised into trafficking by either force or by deceit or deceitful means for their parents or through deceit and making cheating of their parents. Therefore BBA tries to take all steps possible for the repatriation of the child after rescue as soon as possible back to the family alongwith economic compensation and other things. It is always seen that due care is taken in speaking to the child counselling to the child and understanding that there are no other issues with respect to the child's parents or other immediate family apart from poverty that led to the trafficking of the child and there is no other form of exploitation or abuse for the child back home.

egal Intervention
The entire fight against child labour, bonded labour and trafficking is essentially a fight to uphold the criminal justice system. BBA believes that child labour, forced labour and trafficking are not just social ills but crimes against humanity and so must be treated as such. All rescue operations of BBA are legal actions where all efforts are made towards maximising legal action against traffickers and employers. BBA makes optimal use of laws of the land, the Constitutional Provisions and judicial directions in favour of the most deprived and marginalised sections of the Indian society, the children in particular. This is done through legal awareness, Public Interest Litigations, close cooperation with the legal fraternity, follow-up of important judgements and orders passed by the Honourable Courts. This has proven that if the law is properly used by the poor, it becomes the most powerful tool for social justice and the strongest means for their empowerment. BBA's legal intervention strategies have helped not only in attaining justice to the victims but also have brought the issue of child labour to the attention of the larger judicial and legal community.

Rehabilitation
We believe in leading the change. We do not believe in rehabilitation. We believe in becoming activists in child labour through our Education. This is what our society and the adults owe us!- A survivor of child labour

BBA believes that it is most important to save and rescue a child from exploitation at the earliest. However, in majority of the cases of forced labour, child labour and trafficking, it is just as important to provide the child with alternatives in education and training to prevent them from being re-trafficked and revictimised. Any process of rehabilitation must end in re-integration of the victim back in the mainstream society. But after being rescued, the former child labourer require not only social, psychological and educational support, but also basic necessities like, clothes, food, medicine and shelter. For these purposes BBA has its own little sanctuary (Ashram) for rehabilitation.

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Mukti Ashram Bal (Boys) Ashram Balika (Girls) Ashram

Mukti Ashram Situated on the outskirts of Delhi, Mukti Ashram is an immediate shelter for the children who are rescued from Delhi and its surroundings. They are immediately provided with medical help, food, clothing, recreational facilities, sports, theatre and counselling during their stay until the legal formalities are completed and they are repatriation and reunited with their families. Many of the rescued child labourers have seen to be trafficked at a very young age. As a result of which these children lose out on their valuable years of education. However, their immediate need, before anything, is that of their reunification with their families. BBA has witnessed that in majority of the cases, either the children have been kidnapped by force or by fraudulent promises of a good life and education made to the parents. These parents wait for months and years for the return of their missing children. BBA, thus believes that

reintegrating these children with their families would give the children the best psycho-social support that cannot be compensated by a foster care institution. BBA also fights for the recovery of back wages on the amount of statutory rehabilitation for the children to enable them to lead a better life. This also prevents these children from being re-trafficked. After being reunited with the parents, there is a follow up process of the children, reintegrated within the community. If a child is then seen to be in need of a long term educational support, he is brought back to BBA for a longer and more intensive rehabilitation process. The Meaning of Freedom for Bonded Child Labourers Everyone perceives freedom in their own ways. Now days for teenagers freedom means to have their own room and space. A women to have freedom means to walk on lonely streets without being scared. What would be meaning of freedom for a child working 12-14 hours a day in zari, bindi making, batch making, and leather shoe manufacturing unit. The child who is not allowed to go out of a small room stuffed with 7-10 people , 3 adults and rest children of his village and same age, who is only given break for 10 min to eat his lunch and dinner so that his body is not giving up on the hard labour that he is doing. We asked the recently rescued children. Do they feel any change and how different is freedom then work. As most of the children didnt knew how to read and write so we told them to draw the difference. We were not expecting them to make beautiful drawing but the purpose was to know what is childrens perspective is toward freedom.

Gaffar , 10 year old child in two simple pictures described his grief and happiness in the first picture he drew a child all alone and sad without any friends and family. In the second picture he met friends and playing football and now he is not he is not alone.

Children who made the drawings "A child in slavery is a failure of a democracy a death of future, an assault of human dignity, mockery on religion, culture and civilisation, denial of rights and the shame on the face of humanity. Any excuse to continue it for this is an evil and a crime. It is possible to put an end to this human scandal. Let us act together NOW". Kailash Satyarthi , Chairperson of Global March Against Child Labour.

Statutory Rehabilitation by Government

Bachpan Bachao Andolan (BBA) firmly believes that rehabilitation of children should be the responsibility of the government. To make this possible BBA makes use of the Child Labour legislatons and Supreme Courts directions and M.C Mehta Vs. Union of India wherein it is stipulated that 20,000 rupees have to be recovered from the employer as a civil liability and sholud be given to the child for his education and rehabilitation. Similarly 20,000 rupees further should be given to the child as compensation and rehabilitation package and centrally sponsored scheme for rehabilitation of bonded labour in the Bonded Labour System Abolition Act. This two collectively means that the child has access to around 40,000 that should enable the child to continue with education at the home environment. Bal Mitra Gram (BMG) or child friendly village is a micro model of a macro vision to make a child friendly world, where every child is free from exploitation, receives education, recreation and health facilities, their voices are heard and participation is ensured in an environment of friendliness, rights and dignity in the community. Intense consciousness raising efforts to challenge and change age-old mindsets based on many social, cultural and gender biases, sensitising and involving all stakeholders are among some of the key elements in creating a BMG. A BMG is one where 1) 2) 3) 4) All child labourers are withdrawn from work; All children are enrolled in school; Children form their own Bal Panchayat (children's assembly); The Bal Panchayat is given official recognition by the Gram Panchayat (elected village council). The Bal Panchayat then works along with the Gram Panchayat on issues related to children. They are supported by the youth and women's groups of the village.

Election Process

Razia is like any other 11 year old. Only that she is a gritty young girl who knows how to right a wrong. When the mid-day meal in her school was of substandard quality, she led the contingent of her friends to complain to the Sarpanch (Chief) of Gram Panchayat. The Sarpanch of her Bal Panchayat, when she didn't receive a favourable response from her elderly colleague, she complained to the district official in a written letter. Within a few weeks everything changed. The cook was reprimanded, Sarpanch himself started monitoring the quality of food and the children started receiving the best quality food.

Public Interest Litigation (PIL)

BBA tries to make use of the constitutional provisions for the enforcement of Fundamental Rights of the children and therefore has filed a number of PIL for ensuring either the enforcement of laws and policies or for creation of new laws and policies wherever we believe that there are gaps in the laws and policies. Therefore BBA has filed a number of PIL's before the Supreme Court of India s well as various High Courts in the states. The most notable judgement in a PIL that has recently come on 15th july 2009 through the order of Delhi High Court wherein the roles and responsibilities of each government department as well as procedures for the recovery of fine have also been mentioned.
Prosecuting the Traffickers/ Employers

Prosecuting the traffickers and employers is an integral part of rescue. We believe that child labour is not only a social evil but is a crime and has to be dealt with the perspective of a crime like any other crimes are dealt with. Its a crime against not only the state but also the most vulnerable of its citizens, the children. Therefore in each rescue or after each rescue or each rescue f BBA entails prosecution of traffickers and employers to ensure that children gets access to the best legal care and support as well as the legal deterrent is created against child labour and trafficking of children for forced labour. Therefore prosecution is a must. This is also what separates BBA from perhaps some other organizations because each BB rescue means that the employer is prosecuted.
Right to Information (RTI)
Bachpan Bachao Andolan makes use of the right of optimum information. Each BBA department uses RTI to ensure that we have necessary knowledge to be able to better help children.