Alleviating Urban Poverty Through Livelihood Generation — Global Issues

BRAC International recently signed a memorandum of understanding with the Bihar Government’s Rural Livelihoods Promotion Society to launch Satat Jeevikoparjan Yojana Shahari, the first government-led urban Graduation programme in Asia. Credit: BRAC
  • by Rina Mukherji (pune, india)
  • Inter Press Service

As part of this program, BRLPS has signed a Memorandum of Understanding (MoU) with BRAC International, which will serve as a thought partner to the Government of Bihar for the project development and also is building a consortium of partners to support the government in its implementation. Project Concern International (PCI), for example, is taking on management responsibilities and will also host thematic workshops across departments and with civil society experts to support inclusive learning and dialogue.

Mobile Creches will create a community cadre of childcare providers who will support maternal and child health. They have a 50-year-old history of providing childcare support, maternal and nutritional health, and WASH training to urban women in the slums of Delhi, Mumbai, and Pune. Quicksand will support the learning process to consolidate the design through ethnographic methods, prototyping, and other design elements. These learnings will help inform the project about the fabric of each respective urban community and provide a feedback loop once the rollout starts.

SJY Urban was inspired by the existing rural programme, Satat Jeevikoparjan Yojana (SJY), locally known as JEEVIKA, the largest government-led Graduation programme in the world, which has reached over 150,000 households as of early 2023 and is still expanding. SJY Urban is modelled on the rural programme’s six basic modules: 1) Building up the aspirations and confidence of households; 2) Financial Inclusion; 3) Improvement of Health, Nutrition, and Sanitation; 4) Social Development; 5) Livelihood generation; and 6) Government Convergence.

While taking inspiration from JEEVIKA, the Urban Programme will be adapted to respond to the unique challenges people in poverty face within the urban context.

“Urban poverty is complex and inadequately addressed,” said Shweta S Banerjee, Country Lead – India, BRAC International. “SJY Shahari is a unique project in the many challenges it has accepted, including supporting project participants during extreme heat waves. BRAC is excited and committed to serving as a thought partner to the Government of Bihar as we take the time to test, learn, relearn, and deploy the project design.”

Applying Learnings from the Rural Programme to the Urban

The 36-month SJY Urban Programme will be launched in five wards in Patna and five wards in Gaya for now and will be scaled up in a year’s time. Given the unique challenges in urban settings, where research and solutions are more limited in comparison to rural settings, the programme will incorporate learnings from the SJY programme.

“In keeping with the requirements in an urban setting, we intend to provide improved skill sets in carpentry, plumbing, welding, and the like that can help workers access better employment opportunities both within and outside Bihar. For instance, there are around 50,000 to 100,000 Bihar workers in the Tiruppur hosiery industry. We intend to provide them with the necessary skill certification through the National Skill Development Council,” Jeevika CEO Rahul Kumar told IPS.

Designed with a focus on women’s empowerment, SJY has made a pronounced difference for people living in extreme poverty in Bihar, particularly through inclusive livelihood development and access to financial security through self-help groups (SHGs). The urban programme will also utilise SHGs to improve financial opportunities along with sustainable livelihood options.

While the livelihood options are different, there is still a great opportunity for skill development for people living in urban poverty. JEEVIKA plans to pursue livelihoods for participants through conventional entrepreneurship, building up specific skills for trades, and partnerships with public utilities. The existing bank sakhi programme, a program that has trained rural women to assist customers in opening accounts and other administrative bank-related services, as part of JEEVIKA, saw 2,500 bank sakhis leverage Rs 10,000 crore in business for various banks.

According to Rahul Kumar, the bank sakhi programme could be introduced in across Bihar and offer additional financial products such as insurance and mutual funds.

There are also climate-responsive livelihoods that have been utilised in the rural programme that can work for an urban setting as well, such as waste management, recycling of waste, and the use of e-rickshaws. With climate change contributing to rapid urbanisation across Asia and driving millions more into poverty, affecting those furthest behind first, sustainable, resilient livelihood development will be a critical component of SJY Urban. The programme will work to further enhance resilience among participants by providing them with resources and training to develop food security and social inclusion.

Creating a Stronger Ecosystem Through Convergence

Similar to the rural programme, SJY Urban will bring together different existing government schemes and agencies to best serve those living in extreme poverty. The programme will also leverage the existing enterprises within the rural programme and promote them in the urban programme as well, such as market poultry and dairy products.

There are existing livelihood initiatives that rural participants are driving forward, such as running nurseries across the state, which have provided saplings to the Environment, Forest, and Climate Change Department for planting. These saplings can be used by urban plantations and gardens that are also under the department. Similarly, there are kiosk carts that sell Neera or palm nectar that are processed and made by JEEVIKA participants. There is an opportunity to expand this enterprise to the urban setting as well.

JEEVIKA will also engage other government agencies to support the design and implementation of the urban programme. Most recently, JEEVIKA and BRAC convened an inaugural workshop in preparation for launching the Urban Poor Graduation Project, in collaboration with the Departments of Urban Development and Housing, Labour Resources, Social Welfare, Women and Child Development Corporation. The workshop brought together government representatives and experts with diverse sectoral expertise to reflect on existing solutions for urban poverty and share key insights that could help inform the design and delivery of the Urban Poor Graduation Project. The workshop also brought together practitioners and leveraged knowledge from Graduation-based programmes outside Bihar and India.

The shared expertise and convergence in existing government schemes and partnerships will allow the programme to address unique challenges facing the urban environment and enhance coordination, which will ultimately improve overall impact.

Challenges and Learning Opportunities in an Urban Environment

This will be one of the first urban Graduation programmes at scale that combine skills development and livelihood support to alleviate urban poverty.

The unique constraints presented by the urban environment in Bihar, such as limited land availability, the migratory nature of the population in urban poor neighbourhoods, and heatwaves impacting the ability to work, present an opportunity to learn and adapt programming further to test what works.

“The kind of social cohesion prevalent in rural areas is lacking in urban centres. This makes social mobilisation, on which the programme rests, a difficult task,” Kumar said.

The first phase in designing the programme, along with the learnings from the first cohort of participants, will offer valuable insights on how to combat the challenges of those living in urban poverty face. Such learnings can then be shared across the Global South to support broader efforts to respond to rapid urbanisation and an increase in urban poverty.

SJY Urban is poised to move head-on, with its consultants scheduled to hammer out a clear strategy in the coming months. In a year’s time, Kumar says the programme aims to cover all 240 urban local bodies in the state.

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How Farmer Producer Organisations Benefit Small Scale Farmers in India — Global Issues

Jaggery making on a sugarcane farm in Mandla. Small-scale farmers in India are benefitting from a scheme where they are able to diversify their farms and get support through Farmer Producer Organisations. Credit: Rina Mukherji/IPS
  • by Rina Mukherji (mandla, jhargram & ahmednagar, india)
  • Inter Press Service

With farm holdings of just 2-6 acres in Katangatola village in the tribal-majority Mandla district of Madhya Pradesh, they could only grow wheat, paddy, and sugarcane in the wet season for a living.

“Our earnings depended on price fluctuations in the market and the little paddy and wheat procured by the government.”

But now, they can sell their produce at higher than the prevailing market price to their farmers’ collective set up by Ekgaon Technologies, using existing women’s microfinance self-help groups (SHGs).

Furthermore, value-added products like flavoured jaggery obtained from sugarcane ensure a good income.  Farmers like Gangotri and Sunitabai, who were organised into clusters, and trained to form collective bargaining as buyers of agricultural inputs and suppliers of produce, are better off as a result.

While agriculture is India’s primary employment source, agricultural productivity has remained low. This is because the average size of an agricultural plot is less than 2 hectares (4.942 acres) (as per 2001 figures), with a quarter of rural holdings as low as 0.4 hectares (0.988 acres).

Furthermore, poverty and illiteracy make it difficult for most farmers to apply modern scientific inputs to enhance yield. Climate change has further added to the problem, with erratic weather, unseasonal rains, and frequent storms taking their toll on standing crops.

Realising this, India’s National Bank for Agriculture and Rural Development (NABARD) developed its Producer Organisation Promoting Institution (POPI) scheme in 2015. This saw several Farmer Producer Organisations (FPOs) flourish around 2015, and farmers were inducted into registered companies, holding a certain number of shares, each priced at a nominal sum.

Ekgaon and its mission in Mandla

Once a single crop with migration-prone villages, Mandla district has seen a facelift ever since Ekgaon Technologies brought together its rural women and organised them into a Farmer Producers Organisation (FPO). Encouraged to buy seeds and fertilizer to distribute within their organisation, the women emerged as small-time entrepreneurs.

Traditionally, paddy cultivators, the farmers here, were trained to move to multi-cropping using natural organic farming methods. Local farmers now grow a mix of paddy, wheat, lentils (Masur), pigeon pea (arhar/tur), green gram (mung), and sugarcane on their marginal farms, using improved techniques and inexpensive homemade organic fertilizers.

Vidhi Patel, a widow and marginal farmer with a one-acre farm, tells IPS, “We were using 40 kg of seeds on our one-acre farm to grow paddy, besides spending on urea, which cost us upwards of Rs 1000. Under the System of Rice Intensification (SRI) method, we now use only 25 kg of seeds, which has halved costs.”

Gangotri Chandrol, Sunitabai Chandrol, and Devki Uikey have not just learned to make optimum use of their marginal 2-6 acre farms to grow a variety of traditional crops such as wheat, paddy, sugarcane pigeon pea, masur (lentils), mung (green legumes), and millets, but have now ventured into cash crops like arrowroot, flaxseed, nigerseed, and marigold, which fetch them good returns.

Similarly, Laxmibai and Devki Uikey of the neighbouring Khari village grow sugarcane on one acre of their 3-acre farm and paddy, wheat, marigold and beetroot on the rest.  Besides operating as a small-time entrepreneur, selling agricultural inputs to other members of her FPO, Devki Uikey made organic yellow and maroon colours for the Holi (spring) festival out of beetroot and marigold with some other members of her collective.

“We procured 25 kg of marigold at Rs 40 per 250 g and 10 kg of beetroot at Rs 160 per kg. After making and selling the colours, we earned Rs 2300-Rs 2500 per member,” Devki Uikey told IPS

Besides selling premium varieties of rice such as Chindi Kapur and Jeera Shankar that are native to Mandla but not available elsewhere, Ekgaon has developed value-added products such as millet-ginger-raisin nutribars, millet noodles, amla ( gooseberry) candy, which it markets alongside ( collected) forest products like medicinal herbs, beeswax, and honey, on its e-commerce platform.

Since sugarcane is a major crop in the district and jaggery-making is an important enterprise, Ekgaon has developed ginger and tulsi (basil) flavoured jaggery cubes to brew flavoured tea.  Being part of the FPO has other benefits too. Farmers can access government funds for rainwater harvesters and borewells easily.

A tie-up with Rajdhani Besan, which markets gram flour, helped farmers who cultivate gram, while a tie-up with Lays saw the entire produce of white peas bought over in bulk for (Lays) chips and wafers. The FPO is also grading and procuring wheat for the government, earning the women farmers a small sum.

Consequently, marginal farmers who earned around Rs 50,000 (USD 608) per acre in the past are easily making Rs 3,00,000  (USD 3647) per acre now. Migration has stopped in most villages, and the literacy level has improved.

PRADAN’s initiatives in Jhargram and Bankura

Professional Assistance for Development Action (PRADAN) has also converted existing women’s microfinance self-help groups (SHGs) into FPOs in the resource-poor, tribal-majority Bankura and Jhargram districts of West Bengal.

Despite good monsoon rains, water scarcity is the norm in these paddy-growing districts, owing to rocky terrain. Of late, erratic rains have made matters worse, spurring out migration. To withstand the vagaries of the weather, the women farmer-shareholders of the Amon Mahila Chashi Producers Company Limited (Amon Women Farmers Producers Company Limited) and other FPOs now grow hardy, traditional paddy varieties using homemade organic fertilizers.

Sumita Mahato, whose family lives off a one-bigha (0.625 acres) farm, and  Swarnaprabha Mahato, whose three-bigha (1.875 acres) farm must provide for an eight-member family, told IPS: “Chemical fertilizers cost Rs 5000 per 0.625 acres, while homemade organic fertilizer costs us only Rs 80-90 for the same per bigha.”

It has helped them get organic certification for their produce, comprising traditional rice varieties like Malliphul, Satthiya  (red rice), and Kalabhat (black rice), earning them Rs 35 per kg (as against  Rs 12 per kg that rice grown with chemical inputs).  Rainwater harvesters accessed as members of the FPO, under the state government’s scheme for the region, have helped, too, increasing productivity from 25-30 quintals per acre to 40-45 quintals per acre.

As multi-cropping is impossible here owing to limited moisture in the rocky soil, the farmers grow turmeric as a cash crop on the village commons. In Jhargram, Sonajhuri (Acacia auriculiformis) and Cashew are grown for timber and nuts, while in Bankura, farms along the Kankabati River grow watermelons for collective profit.

Traditionally, women in these regions made plates from sal (Shorea robusta) leaves collected from the jungles. They now process and mould plates for urban markets using moulding machines, selling them with their other products online on IndiaMart, earning ample profits to lead well-settled lives.

WOTR’s Efforts in Maharashtra

In Parner taluka (sub-division) of Ahmednagar district of Maharashtra, the community-led Ankur Farmer Producers Organisation (FPO), facilitated by the Watershed Trust (WOTR), comprises 762 farmer-shareholders from the villages of Hiwrekorda, Bhangadevadi, and Dawalpuri, with farm holdings of 3-15 acres range, who supplement their incomes through dairy farming.

Being a rain-shadow, the drought-prone region with limited water resources, farming was always rainfed here, with large tracts of land lying barren.

Once Ankur was formed, the farmers could avail of Rs 80 lakh from the State Government (of Maharashtra) contributing the rest to lay a 7.5 km pipeline to bring water from the Kalu river and fill up a lined farm pond, and set up a pump-house for collective benefit.

This enabled them to bring 100 acres of farmland under cultivation to grow onions, marigolds, chrysanthemums, and other crops for the market. Their rainfed single-crop lands also grow two crops with the additional moisture available.

The farmers have opted for organic inputs like vermicompost, which they prepare and sell, both within and outside their FPO, although, as farmers Somnath Palwe and Chandrakant Gawde say, “Our members use both organic and improved seeds, as per preference.”

From growing a single crop of bajra (pearl millet), jowar (sorghum), and pulses, the farmers now grow maize, green gram, marigold, chrysanthemum, and onions, besides cauliflower and tomato. Incomes have grown from as low as Rs 50,000 ( USD 61) for an acre of cultivable land to as high as Rs 5 00,000 (USD 731).

Ankur sells its products online to Ninjacart and offline-in wholesale markets. In both cases, the sale is direct and without middlemen. Farmer Ashok Phalke, tells me. “Onions used to fetch us Rs 10 per kg, while the market price was Rs 12 per kg. We would lose Rs 2 per kg. Now that we sell directly in markets as a group, we earn more. The same goes for tomatoes and flowers.”

Besides promoting organic farming, the FPOs stress natural multi-cropping methods to control pests, such as growing horse gram in combination with maize or sorghum. This attracts birds, which, in turn, help control harmful pests naturally. Kitchen gardens are encouraged as they counter nutritional deficiencies in farming families.

Government Encouragement of FPOs

The Indian government intends to set up 10,000 FPOs all over India for Rs 6865 crore. Under this scheme, FPOs are to receive financial assistance of up to Rs 18 lakh for three years, with each farmer-member being eligible for an equity grant and credit guarantee facility. However, not all existing FPOs have been co-opted into the government scheme.

Since millets are hardy and impervious to erratic weather patterns, the government has been pushing for their cultivation in regions where they were traditionally grown. But the government’s dictum of “one District, one Product” has invited criticism, especially from grassroots organisations, who see multi-cropping as the only guarantor against natural disasters such as hailstorms and cyclones.

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How Covid-19 Proved an Opportunity for Youth in Small-Town India — Global Issues

Young people from small towns are now able to work close to home thanks to co-working spaces that opened up during the COVID-19 pandemic. Credit: Rina Mukherji/IPS
  • by Rina Mukherji (pune, india)
  • Inter Press Service

The study, Future of Work – The Co-working Revolution, which saw the potential market size of the co-working segment standing at 12-16 million, anticipated 400 million USD in investments by 2018, triggering a 40-50 percent growth in 2017 itself.

This was to be driven by India’s emerging start-ups (given that India is currently the world’s largest start-up hub) and India’s freelance workforce (with India having the 2nd largest freelancer workforce in the world, more than 15 million professionals).

In 2020, India was hit by the pandemic. Owing to a forced lockdown in operations, many companies faced heavy losses. On resumption, they had to operate at 50 percent capacity (as per government directives), which meant curtailment in operations. Layoffs and salary cuts were invoked to survive. Barring manufacturing operations, the attendance of many employees was deemed unnecessary in the office. This ushered in the work-from-home culture.

Salary cuts, and work-from-home options, saw many employees move out of expensive metropolitan centres and return home to smaller towns and cities. Some who faced layoffs and salary cuts opted to launch start-ups. This gave further impetus to the demand for commercial spaces in small towns and Tier-2 or Tier-3 cities for co-working spaces.

Over the last few decades, small-town India has seen professional education pick up in a big way, with several reputed engineering and management institutions nurturing brilliant students. However, conservative values continue to rule here, unlike cosmopolitan metropolitan centres. Since many youngsters are first-generation professionals and belong to rural families of modest means, moving to a metropolitan city can be a big financial strain for a fresher. Internships, too, are difficult to come by for a student straight out of college.

As a result, many remain confined to low-paid jobs in their towns and end up frustrated in the long run.

This is where the pandemic has helped.

Take the case of the pilgrim city of Tirunelveli in the state of Tamil Nadu at the southern tip of the Indian peninsula. Adjoining the port town of Tuticorin, it has many engineering, management and science colleges. Tirunelveli is close to Nagercoil town in Kanyakumari district, which is the southernmost district of the Indian mainland and boasts a high rate of literacy. Yet, students from these parts have always had to move to either Chennai or Bangalore for a suitable job or internship.

Ronaldsen Solomon of Virudhunagar, though, has been lucky. A final-year student of Engineering studying at Francis Xavier College in Tirunelveli, he has landed an internship with an IT infrastructure company with local offices in a co-working space.

“I am acquiring hands-on experience, even as I attend college lectures for my degree,” he tells me of his job at 3i Infotech.

For Jenima Hyrun of Chermahadevi town in Tirunelveli district, landing a job was an uphill task, despite her Computer Science degree, owing to opposition from her conservative Muslim family.

“I had a job offer from Chennai. But although my father has always encouraged me, my aunts and others would not allow it. Being part of a joint family, living alone in a metropolitan city was unthinkable for me.”

When 3i Infotech acquired dedicated premises under Mikro Grafeio, Hyrun’s prayers for a suitable opening were answered. She easily traverses the short distance to work from her home using public transport.

When Vijay Roshan acquired his Bachelor of Computer Applications degree from MDT Hindu College in Tirunelveli, his faltering English made him unsure of himself. As a farmer’s son, he felt uncertain about moving to a metropolitan city either. However, when the same IT infrastructure company launched its office through a dedicated space, Roshan was immediately recruited as a promising fresher.

For those who would rather not travel a long distance to work, low-cost rentals are not too difficult to come by in Tier-2 and Tier-3 cities.

Take the case of college-mates Vignesh M and Ashwin S.C from Thiruvananthapuram in the adjoining state of Kerala, who completed their degrees at the Nurul Islam Institute of Higher Education. Taking up lodgings in Tirunelveli is far cheaper than if they had moved to metropolitan centres like Bangalore or Chennai.

“We pay Rs 1500 per head, sharing a room among three colleagues in a nearby home. The place is only a 15-minute walk from our workplace, saving commuting time and money,” Ashwin says.

The same is true of Shiny Evangeline and Abarnadevi from the neighbouring district of Nagercoil (in Tamil Nadu), Tamilselvi of Thenkasi, and Sahanya Wilson of Kanyakumari. This ensures a better take-home salary for these freshers, who would have needed to spend upwards of Rs 10,000 for a co-living space in a metropolitan city. Shared rentals also nurture better camaraderie among colleagues, which is essential for better project teamwork.

When blue chip companies move into Tier-2 and Tier-3 cities, it can mean a lot for specially-abled persons like V Saumya, who has battled many odds to emerge as a Human Resources Head today. Victim of an accident as an infant, Saumya had to fall back on help from her parents all through her school and college years, fighting despite her physical disability to complete her Master’s in Business Administration. Proximity to her workplace in Tirunelveli has helped her secure a job, and she too works for 3i Infotech and is appreciative of the facilities at Mikro Grafeio.

“For the first time, I was greeted by a disabled-friendly toilet that I could use.”

The world has opened up for Saumya, who now looks forward to travelling far and wide, even as she travels up and down to work on her motorised wheelchair.

Although Mikro Grafeio intends to develop co-working spaces for individual use in small towns eventually, it currently confines itself to operating dedicated areas for companies. Chief Growth Officer Sundar Rajan tells IPS, “We are still exploring the market; in small towns, the concept is yet to catch up. However, Mikro Grafeio operates co-working spaces within cafes and breweries in cities like Coimbatore, Pondicherry and Bangalore and has Memoranda of Understanding in place with Café Coffee Day in Tamil Nadu, Kerala and Karnataka.”

It has several clients, 3i Infotech, CIT Services, Sotheby’s International Realty, and others that are slated to follow suit.

Indiqube has followed a similar pattern by handing over dedicated spaces and co-working offices. According to Indiqube Co-Founder Rishi Das, 85 percent of their clientele have dedicated spaces, while 15 per cent belong to the co-working segment.

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Government Indifference Deprives the Trafficked of Compensation — Global Issues

Anti-trafficking street play being stages in a tea house. Trafficking survivors often find it difficult to access compensation in India, and traffickers often escape justice. Credit: Rina Mukherji/IPS
  • by Rina Mukherji (pune)
  • Inter Press Service

“We had been briefed in school about how people traffic youngsters, and so we got in touch with the stationmaster and rang up the non-governmental organisation (NGO) – Goran Bose Gram Vikas Kendra – working in our village. The NGO office-bearers immediately came over and arranged for our return home.” However, her father, who works as a labourer in a bag factory, and her homemaker mother did not want to lodge an FIR (case), and she has not been able to access the compensation as a survivor of trafficking.

“I was a minor then; my parents took all decisions on my behalf. Now that I am an adult, it is too late to pursue it,” she laments.

Shelly Shome and Molina Guin from Bagda, both from North 24 Parganas, got entrapped by love affairs and ended up trafficked. Shelly’s trafficker took her to Malda and locked her up in an “intermediate” lodging for a week on the way to a brothel, where police rescued her.

Molina escaped on her own from a brothel in Nagpur (Maharashtra), where she had been sold, but she had spent six months there.

“Since I did not know any Hindi, it was difficult. Ultimately, some Bengali boys who lived nearby helped me return home.” Although FIRs were lodged in both cases, neither Shelly nor Molina could access the compensation due to them. Worse, the traffickers are yet to be caught.

Sunil Lahiri’s family were unable to repay a loan. So, his parents, uncle and siblings, who originally lived in Champa, had to seek employment in a brick kiln at Rohtak in Haryana. They were roped in by a labour contractor with big promises of good accommodation, pay and food. But once there, the family realised they had been trafficked, along with 20 other desperate neighbours in a similar situation. An adolescent then, Sunil had to work 12-14 hours a day and survive on meagre rations. No accommodation was provided, and they lived in a thatched hovel for shelter. Any attempt to escape was met with relentless torture and assault. After a couple of months, Sunil and his uncle made good their escape under cover of darkness to the nearest police station, from where they made their way home. However, in the absence of an appropriate FIR, he has not been able to claim the victim’s compensation.

Lalita lives in Erode in Tamil Nadu and found herself trafficked for labour to a garment factory in Coimbatore, in the same state, when she was around 15. But once there, she found herself trapped in a hostile environment with many others and had to labour for 14-16 hours a day without a break. Housed in dirty dormitories, the girls were administered tablets to stop their periods lest they demand time off, resulting in many medical problems. She ultimately excused herself one day and sneaked home by claiming the death of a relative. Since she lodged no FIR, Janaki has been deprived of compensation too.

Human Trafficking

Trafficking in India is generally for sexual exploitation and cheap labour.

The common thread that connects all victims of trafficking is poverty and lack of awareness. Poverty and unemployment drive people to migrate in search of work. Traffickers’ agents cash in on the plight of these individuals and whisk them away to be exploited for sex or cheap labour. This is often done across inter-state borders so escaping back home is difficult.

Victims of both kinds of trafficking are entitled to compensation, but different laws deal with individual crimes. While victims trafficked for sexual exploitation are primarily dealt with under the Immoral Trafficking (Prevention) Act of 1956, different laws deal with those trafficked for labour since they may be subject to bonded labour. In India, bonded labour had long been prohibited by the Constitution, but laws specific to it, such as the Bonded Labour System (Abolition) Act, 1976, the Contract Labour ( Regulation and Abolition) Act, 1970, and the Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979 are comparatively recent.

Victim Compensation Laws

In India, compensation was initially meant only for victims of motor accidents. It was only in 2008 that the Supreme Court modified Section 357 A of the Criminal Procedure Code ( CrPC) to compensate victims of criminal offences.

While Sec 357A (1) provides for compensation to be given to either the victim or their legal heirs, Sec 357A (2) and 357 A (3) deal with the granting of compensation and its quantum by the District legal services authority (DLSA), and the District or Trial courts’ and Sec 357A (4) deals with the right to compensation for damages suffered by the victim before identification of the culprit and the starting of court proceedings.

Following these directions of the Supreme Court, all Indian states came up with schemes to compensate victims of crimes such as acid attacks, rape, and the like.

In 2010, as per the recommendations of the United Nations Office for Drugs and Crime (UNODC), the government provided for the setting up of Anti-Human Trafficking Units (AHTUs) in all states of the country to investigate and address trafficking. In 2013, in a related development, Section 370 of the Indian Penal Code ( IPC) was amended by widening its scope to include all sexual and physical exploitation forms.

Why Victims Are Denied Compensation

Despite all these measures, victims seldom get access to compensation. This is because claiming compensation depends on filing FIRs, as advocate Kaushik Gupta points out. Lack of sensitisation and training often prevents the police from filing FIRs that clearly state whether a victim is trafficked or not. This limits avenues for compensation.

Another reason is that victims are ignorant of the law or fear stigma, preventing them from pursuing compensation. Worse, the paperwork involved may be overwhelming, getting victims and their guardians to step away.

Although a victim or their legal guardian, as per law, can file an FIR anywhere, that is, either where they are rescued or once the victim reaches home, filing the FIR later can pose a problem. Activist Baitali Ganguly, who heads the NGO Jabala Action Research Organisation, points out, “If the FIR is filed on reaching home, it is difficult to prove that a person is a victim/survivor of trafficking. Proof of having been trafficked is an important factor when claiming victim compensation.”

When a trafficked person is not rescued but escapes surreptitiously, filing the FIR may be scary since an organised mafia is involved. Moreover, with the rate of conviction being as low as 16 percent in 2021 (as per statistics furnished by the National Crime Records Bureau), victims remain in mortal fear for their lives and fear registering FIRs.

The Anti-Human Trafficking Units (AHTUs) have failed to deliver in most cases. A study conducted by the NGO, Sanjog as part of its Tafteesh Project found that Anti-Human Trafficking Units (AHTUs) were non-operational in many districts in India. In several states, the composition of AHTUs did not follow the mandatory mix of legal professionals, doctors, and police officials. Even when functional, cases of trafficking were not handed over to them for investigation.

The problem, activists opine, “is that victim compensation is lowest in terms of priority for the authorities. Moreover, with no dedicated fund to compensate victims of trafficking, money often falls short.” At times “the money is sanctioned but does not reach the victim’s bank account for months on end,” Suresh Kumar, who heads the NGO Centre Direct, points out.

The Long Road to Rehabilitation

Getting compensated, though, is not enough. Baitali Ganguly tells me, “We helped some survivors claim compensation. But they were in no mental state to embark on entrepreneurial ventures. Psycho-social help is what they largely need to begin life anew. Hence, we have been imparting their skills and helping them get employed as security guards, housekeepers and the like.”

Psychologist and researcher Pompi Banerjee also stresses the need for counselling and medical assistance for survivors for thorough rehabilitation.

Taking all these aspects into account, the National Legal Services Authority (NALSA) drew a draft bill for a comprehensive law to check human trafficking. With necessary amendments as of today, the Trafficking of Persons (Prevention, Care and Rehabilitation) Bill, 2021, is the first attempt at victim-oriented legislation, and makes provision for forfeiture, confiscation, and attachment of property of traffickers, witness protection and guaranteed compensation for victims out of the property of traffickers.

It also provides interim relief to survivors, for stringent punishment to traffickers extending up to life imprisonment, and in the case of repeat offences, even death. The Bill also provides a dedicated rehabilitation fund for survivors of trafficking.

However, survivors of trafficking who have grouped themselves under the Indian Leadership Forum Against Trafficking (ILFAT) are unhappy about rehabilitating victims through “protection homes”, which they see as nothing better than prisons.

Instead, they feel “community-based rehabilitation wherein job-oriented skills are imparted” is needed. Survivor Sunil Lahiri, who is now studying, and conducting awareness sessions in schools for Tafteesh/Sanjog, stresses the need to register and regulate placement agencies. “People in our villages have to migrate without employment opportunities. The authorities must ensure that they do not get exploited.”

Survivors also feel the need for fast-track courts to handle cases of trafficking so that justice is swift.

Although passed by the Lower House of India’s Parliament, the Trafficking of Persons (Prevention, Care & Rehabilitation) Bill 2021 awaits the nod of the Upper House to become an Act. One hopes that further improvements will be incorporated before the Bill is passed into law. A well-drafted law can well prove the first step in wiping out human trafficking altogether in India.

IPS UN Bureau Report


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© Inter Press Service (2022) — All Rights ReservedOriginal source: Inter Press Service



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