Observation (CEACR) - adopted 2023, published 112nd ILC session (2024)

Abolition of Forced Labour Convention, 1957 (No. 105) - India (Ratification: 2000)

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Article 1(a) of the Convention. Sanctions involving compulsory labour as a punishment for the expression of political views or views ideologically opposed to the established system. The Committee recalls that, for a number of years, it has been referring to several provisions of the Penal Code, under which penalties of imprisonment (which may involve compulsory prison labour under section 53 of the Penal Code, if an offender is sentenced to “rigorous imprisonment” at the discretion of the court exercised under section 60 of the Penal Code) could be imposed in circumstances falling within the scope of the Convention. It previously noted the Government’s statement that, while sections 295-A and 298 of the Penal Code on acts intended to outrage religious feelings explicitly provide for the imposition of punishment of either “simple imprisonment” or “rigorous imprisonment”, sections 124-A (sedition), 153-A (promoting enmity between different groups) and 153-B (imputations and assertions prejudicial to national integration) of the Penal Code merely refers to “imprisonment” which should be interpreted as “simple imprisonment” that does not involve an obligation to perform labour.

The Committee notes that the Government refers, in its report, to the 2021 Crime in India report from the National Crime Records Bureau (NCRB), which makes a general reference to sections 295 to 297 of the Penal Code, under which 1,475 new cases were registered in 2021. Recalling that section 124-A of the Penal Code, which criminalizes sedition, establishes penalties of imprisonment, including imprisonment for life, which may involve an obligation to perform labour pursuant to section 55 of the Penal Code, the Committee notes that, according to the NCRB, in 2021, 76 cases of sedition were registered, while 189 cases were pending investigation from previous years and 86 persons were arrested under sedition charges. Since 2019, a total of 312 sedition cases have been registered according to NCRB’s data. In that regard, the Committee observes that, according to the NCRB, in 2021, 814 cases of violation of the Unlawful Activities (Prevention) Act were registered, while 4,013 cases were pending investigation from previous years and 1,621 persons were arrested under the Act. In that regard, the Committee notes that, as a result of a petition made before the Supreme Court on February 2021 to challenge the constitutionality of section 124-A of the Penal Code (S.G. Vombatkere v. Union of India [(2022) 7 SCC 433]), on 11 May 2022, the Supreme Court issued an order that suspended pending trials, appeals and proceedings related to sedition charges. It notes that, on that occasion, the Government indicated that it had decided to “re-examine and reconsider” section 124-A of the Penal Code. The Committee notes that, in its report published in April 2023 (report No. 279), the Law Commission of India recommended to retain section 124-A of the Penal Code while introducing certain amendments. In that regard, the Committee takes note of the Bharatiya Nyaya Sanhita Bill, 2023 introduced to the Lok Sabha in August 2023 (lower house of Parliament), with the aim to repeal and replace the existing Penal Code. It notes more particularly that section 150 of the Bill criminalizes “acts endangering the sovereignty, unity and integrity of India” and establishes penalties of imprisonment for life or imprisonment and a fine. The Bill also introduces a new offence regarding “terrorist acts” (section 111 of the Bill).

In this regard, the Committee notes that several United Nations experts have repeatedly highlighted grave concerns regarding the Unlawful Activities (Prevention) Act, 1967, which is applied as a means of coercion against civil society, the media, and human rights defenders in Jammu and Kashmir states. The Committee further notes that, in the context of the Universal Periodic Review, similar concerns were expressed by the High Commissioner for Human Rights who urged the Government to release people who had been charged under the Unlawful Activities (Prevention) Act for simply exercising basic human rights (A/HRC/WG.6/41/IND/2, 19 August 2022).

The Committee requests the Government to take the necessary measures, including in the context of the ongoing legislative process for the revision of the Penal Code, to ensure that no penalties involving compulsory labour may be imposed for the peaceful expression of political views opposed to the established system, for example by clearly restricting the scope of sections 124-A, 295-A and 298 of the Penal Code and of the Unlawful Activities (Prevention) Act, 1967 to situations connected with the use of violence or incitement to violence, or by repealing sanctions involving compulsory labour. The Committee again requests the Government to provide information on the application of these provisions in practice, including copies of any court decisions defining or illustrating their scope.

The Committee is raising other matters in a request addressed directly to the Government.