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3071-The political economy of new slavery

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7<br />

Bonded Labour in South Asia:<br />

India, Nepal and Pakistan<br />

Krishna Upadhyaya<br />

Introduction<br />

In the 1926 UN Slavery Convention <strong>slavery</strong> was defined as: ‘the status<br />

or condition <strong>of</strong> a person over whom any or all <strong>of</strong> the powers <strong>of</strong> the right<br />

<strong>of</strong> ownership are exercised’. That definition covered traditional forms<br />

<strong>of</strong> <strong>slavery</strong>, based on ownership, but it does not apply equally well to<br />

contemporary circumstances. Today, recognized forms <strong>of</strong> <strong>slavery</strong> include<br />

debt-bondage, serfdom, forced marriage in return for money and<br />

exploitation <strong>of</strong> children’s labour. This chapter will focus on the forms <strong>of</strong><br />

<strong>slavery</strong> that fall under the term bonded labour.<br />

In the UN Supplementary Convention on the Abolition <strong>of</strong> Slavery, the<br />

Slave Trade, and Institutions and Practices Similar to Slavery <strong>of</strong> 1956, debtbondage,<br />

known as bonded labour in South Asia, is defined as:<br />

where a debtor pledges his personal services or those <strong>of</strong> a person<br />

under his control as security for a debt, if the reasonable value <strong>of</strong><br />

those services is not applied towards the payment <strong>of</strong> the debt or if<br />

the length and nature <strong>of</strong> these services are not limited and defined.<br />

In 1999, it was estimated that there were 20 million bonded labourers,<br />

worldwide (Anti-Slavery International). <strong>The</strong>re is no agreed estimate <strong>of</strong><br />

bonded labourers in South Asia.<br />

Bonded labour is a contemporary form <strong>of</strong> <strong>slavery</strong> (UNHCHR), where<br />

labourers are forced to accept exploitative conditions <strong>of</strong> work until the<br />

‘debt’ is repaid. Debt is at the root <strong>of</strong> the system. This indebtedness distinguishes<br />

bonded labour from other forms <strong>of</strong> forced labour. <strong>The</strong> UN’s<br />

1956 convention and the ILO’s Forced Labour Convention <strong>of</strong> 1930 provide<br />

a framework for combating this form <strong>of</strong> <strong>slavery</strong>. Although national<br />

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