SOUTH ASIA - House Foreign Affairs Committee Democrats

2212to obtain a primary education. In the early 1990’s, children who failed their schoolexaminations were compelled to join the armed forces (despite the fact that the minimumage of recruitment is age 18). This practice of conscription has ended. Thelaw does not specifically prohibit forced and bonded labor by children, but such practicesare not known to occur (see Section 6.c.).e. Acceptable Conditions of Work.—A circular effective in February 1994 establishedwage rates, rules and regulations for labor recruiting agencies, and regulationsfor payment of workmen’s compensation. Wage rates are revised periodically,and range upward from a minimum of roughly $1.50 (50 ngultrums) per day for unskilledand skilled laborers, with various allowances paid in cash or kind in addition.This minimum wage provides a decent standard of living for a worker and familyin the local context. The workday is defined as 8 hours with a 1-hour lunchbreak. Work in excess of this must be paid at one and one-half times normal rates.Workers paid on a monthly basis are entitled to 1 day’s paid leave for 6 days ofwork and 15 days of leave annually. The largest salaried work force is the governmentservice, which has an administered wage structure last revised in 1988 butsupplemented by special allowances and increases since then, including a 25 percentincrease in July 1997. Only about 30 industrial plants employ more than 50 workers.Smaller industrial units include 69 plants of medium size, 197 small units, 692‘‘mini’’ units, and 651 cottage industry units. The Government favors a family-ownedfarm policy; this, along with the country’s rugged geography, and land laws thatprohibit a farmer from selling his last 5 acres and that require the sale of holdingsin excess of 25 acres, result in a predominantly self-employed agricultural workforce. Workers are entitled to free medical care within the country. They are eligiblefor compensation for partial or total disability, and in the event of death, their familiesare entitled to compensation. Existing labor regulations do not grant workersthe right to remove themselves from work situations that endanger health and safetywithout jeopardizing their continued employment.f. Trafficking in Persons.—The law does not prohibit trafficking in persons, andthere were no reports that persons were trafficked to, from, within, or through thecountry.INDIAIndia is a longstanding parliamentary democracy with a bicameral parliament.Prime Minister Atal Bihari Vajpayee, whose Bharatiya Janata Party (BJP) led a 17-party coalition, took office in October 1999 and heads the Government. PresidentK.R. Narayanan, who was elected by an electoral college consisting of Members ofParliament and members of state assemblies, is Head of State and also has specialemergency powers. The judiciary is independent.Although the 28 state governments have primary responsibility for maintaininglaw and order, the central Government provides guidance and support through theuse of paramilitary forces throughout the country. The Union Ministry for Home Affairscontrols most of the paramilitary forces, the internal intelligence bureaus, andthe nationwide police service; it provides training for senior police officers for thestateorganized police forces. The armed forces are under civilian control. Securityforces committed numerous significant human rights abuses, particularly in Jammuand Kashmir and in the northeastern states.The country is in transition from a government-controlled economy to one thatlargely is market oriented. The private sector is predominant in agriculture, mostnonfinancial services, consumer goods manufacturing, and some heavy industry.Economic liberalization and structural reforms begun in 1991 continue, althoughmomentum has slowed. The country’s economic problems are compounded by populationgrowth of 1.7 percent annually with a current population of more than 1 billion.Income distribution remained very unequal, with the top 20 percent of the populationreceiving 39.3 percent of national income and the bottom 20 percent receiving9.2 percent. Twenty percent of the urban population and 30 percent of the ruralpopulation live below the poverty level.The Government generally respected the human rights of its citizens in someareas; however, numerous serious problems remain, despite extensive constitutionaland statutory safeguards. Significant human rights abuses included: Extrajudicialkillings, including faked encounter killings, deaths of suspects in police custodythroughout the country, and excessive use of force by security forces combating activeinsurgencies in Jammu and Kashmir and several northeastern states; tortureand rape by police and other agents of the Government; poor prison conditions; arbitraryarrest and incommunicado detention in Jammu and Kashmir and the north-VerDate 11-MAY-2000 13:46 Sep 20, 2001 Jkt 071555 PO 00000 Frm 00056 Fmt 6601 Sfmt 6621 F:\WORK\COUNTRYR\S71555\71555.035 HINTREL1 PsN: HINTREL1