Demande directe (CEACR) - adoptée 1995, publiée 82ème session CIT (1995)

1. The Committee has taken note of an observation on the application of the Convention in India made by the National Labour Federation of Pakistan in a communication dated 15 February 1995, a copy of which was transmitted to the Government on 24 February 1995. In its communication the Federation alleges that the Indian army imposes forced labour on civilians in Kashmir, in particular for porterage service. The Committee hopes that the Government will forward its observations on the allegations.

2. The Committee in its previous comments pointed out that the 1985 amendment to the Nagaland (Requisition of Porters) Act, 1965, did not modify the definition of "emergency" in section 2(a) of the Act which includes situations under which "movement of commodities, stores and equipment deemed essential to the life of the community or to the maintenance of the law and order or prevention of any threat to peace, to a place not connected by road or rail is impeded for want of porters", or "movement of the police force, Assam Rifles or units of the regular armed forces to a place not connected by road or rail to deal with a breach of the peace, or any threat to law or order, is impeded for want of porters to carry any essential items of equipment and baggage". The Committee requested the Government to take further action to limit resort to the requisition of porters to cases where it is necessary to deal with a calamity or threatened calamity endangering the existence or well-being of the whole or part of the population. The Committee notes the Government's renewed statement in its report that the Committee's comments have been brought to the notice of the state government of Nagaland. It once more expresses the hope that the Government will soon be in a position to indicate that the necessary action has been taken to amend the legislation so as to ensure the observance of the Convention.

3. The Committee notes the information supplied by the Government regarding the number of air force and naval personnel who left service on their own initiative, including statistical data on cases where applications for release were not accepted.

The Committee notes from the Government's report that the guidelines governing premature retirement/resignation of defence service officers provide that requests for premature retirement/resignation from defence service officers will be considered on individual merits. The grounds on which applications should normally be recommended are supersession to substantive rank, extreme compassionate grounds, low medical category, better employment in civil life and failure to acquire technical qualifications. The applications of officers trained in specialized courses at government expense are not considered before expiry of the minimum period, as indicated below:

(i) courses abroad up to six months' duration: three years;

(ii) courses abroad of over six months' duration: five years;

(iii) study leave in India and abroad: five years;

(iv) courses in India of over six months' duration: five years.

Airmen are permitted to obtain their discharge from service on compassionate grounds; for applying for Group A posts/services in the central/state government and undertakings; on educational grounds and for civil employment in the last year of service.

The Government points out that the Indian armed forces are raised on a purely voluntary basis. After joining the India defence forces the persons serve for a specified period.

The Committee takes due note of these indications. In the absence of the texts of the Defence Service Regulations and the Regulations for the Navy, the Committee requests the Government to specify the periods for which officers and lower ranks are being engaged. Referring to the explanations provided for in paragraphs 33, 68 and 72-73 of its 1979 General Survey on the Abolition of Forced Labour, the Committee requests the Government to indicate also any measures taken or envisaged to allow members of the armed forces in time of peace to leave the forces on their own initiative, without consideration of individual merits, provided that they have served a specified minimum period and give notice of reasonable length.