A Study of Child Trafficking in the Kosi Region of Bihar

Stolen Childhoods: A Study of Child Trafficking in the Kosi Region of Bihar

Stolen Childhoods A Study of Child Trafficking in the Kosi Region of Bihar

Dr. Manoshi Mitra Das Dr. Sunil Kumar Mishra

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Project Manager: Dr. Alex George, National Manager – Research, Save the Children

Academic Leadership: Prof. Alakh N. Sharma, Director, Institute of Human Development

Overall Guidance: Dr. Renu Singh, Senior Advisor, Save the Children

Written by: Dr. Manoshi Mitra Das, Visiting Senior Fellow and Dr. Sunil Mishra, Associate Fellow, Institute of Human Development

Revised by: Dr. Alex George, National Manager - Research, Save the Children

Sampling Design: Prof. PM Kulkarni, Jawaharlal Nehru University and Prof. Rajesh Shukla, National Council for Applied Economic Research

Comments by: Bimal Rawal, Regional Representative, Child Protection Initiative, Kathmandu; Mohammed Aftab, National Manager - Child Protection; Radha Kamath, Manager - Child Protection; Katie Hau, Programme Officer - Child Protection

Field Supervision & Research support: Subodh Kumar, B.K.N. Singh, Ashwini Kumar.

Publication support: Sarita Falcao, Communications Officer, Save the Children

Layout, Design and Printing: Mensa Design Pvt. Ltd

This publication is funded by: Child Protection Initiative (CPI) of international Save the Children Alliance

Published by: Save the Children 3rd floor, Vardhaman Trade Centre 9-10-11, Nehru Place New Delhi – 110019 India www.savethechildren.in Foreword

This study is an enquiry into child trafficking in the Kosi region of Bihar against the background of poverty and deprivation. The region received media attention on account of the 2008 floods, which also highlighted the trafficking of children amidst massive loss of life and livelihoods. Historically, Kosi region is characterised by landlordism and caste discrimination. The upper and middle castes constitute the upper tiers of the landed class, with the Scheduled Castes (SCs), Scheduled Tribes (STs) and the other lower castes with little or no land at their disposal. Further, there are regular floods in the Kosi River while little investment is made in flood protection. Hence, the livelihoods of the poor are extremely tenuous. In the face of chronic poverty and lack of economic options, the poor adopted adult migrant labour as a survival strategy and child trafficking got socially accepted in the region against this overall background of widespread migration. We undertook a survey in 4,111 systematically selected households comprising 8252 children of the 5-<18 year age group from two flood affected districts—Araria and Khagaria—in order to uncover the phenomenon of child trafficking. We found that 7.7 per cent of the children in the 5 to <18 years old in our sample had been trafficked. They were either transported to their employers and left under their control by the children’s family members, or they were delivered into the hands of third parties in the village itself. Developing the agrarian rural economy of the two districts, paying attention also to issues such as landlessness and lack of adequate means of livelihood for the poor are basic to preventing child trafficking in the region. Flood protection measures and awareness about disaster risk reduction are essential as floods lead to increase in trafficking in the region. The study also recommends various measures towards legal reform, sensitizing the key duty bearers, establishing a referral system from the community to the duty bearers and the involvement of civil society. The financial support for this study was provided by the Child Protection International (CPI), of international Save the Children Alliance, which we gratefully acknowledge. Save the Children (SC) acknowledges the overall guidance of Dr. Renu Singh, former Director, Research, Learning and Impact in the conduct of this research. SC thanks Dr. Alex George, National Manager-Research for managing the study and providing technical inputs. Ms. Shireen Vakhil Miller, Director, Advocacy, Campaigns and Media has led the publication of this report, which we thankfully acknowledge. Mr. Bimal Rawat of CPI, Kathmandu, Mr. Mohammad Aftab, National Manager, Child Protection, Ms. Radha Kamat, Manager, Child Protection and Ms. Kate Howe, Programme Officer Child Protection have offered comments on this report. Prof. Alagh Sharma, Director, IHD with his vast experience of conducting studies in Bihar has provided guidance and leadership in conducting this study, which Save the Children thankfully appreciates. We thank in particular the two researchers who conducted this study viz. Dr. Manoshi Mitra Das and Dr. Sunil Mishra, faculty at IHD. Expecting that the study which provides an estimate for child trafficking in the Kosi region Bihar, would urge policy makers to address extreme poverty in the region and take adequate measures to prevent children from trafficked.

Thomas Chandy Chief Executive Officer

iii

Contents

Foreword iii Executive Summary ix Chapter One 1 Introduction and Methodology Chapter Two 13 What the Literature Tells Us: Gaps in the Research on Trafficking in India Chapter Three 27 Socio-Economic Background of Child Trafficking in Study Districts and Villages Chapter Four 40 Childhood Conditions in the Kosi Region and Child Trafficking Chapter Five 54 Dynamics of Child Trafficking in the Kosi Region Chapter Six 77 Voices of Trafficked Children and Their Parents Chapter Seven 87 Conclusions and Recommendations Annexure I 93 Listing Schedule Annexure II 95 Household Schedule Annexure Iii 101 Sample Derivation

v List of Tables 1.1: List of Villages in which the Listing Survey was Conducted 10

3.1: Income, Population, and Basic Development Indicators (Bihar and all-India) 27 3.2: Poverty and Human Development Indicators 29 3.3: Demographic Profile of the Districts 30 3.4: Demographic Profile of the Areas under Study in Araria 32 3.5: Block-wise Household (HH) Size, Literacy, and Sex Ratio (Rural Population) Literacy Rate 32 3.6: Working Population 33 3.7: Working Population by Sector 33 3.8: Percentage Distribution of Different Types of Workers in the Study Blocks 34 3.9: Demographic Structure of the Areas under Study 35 3.10: Working Population by Sector 35 3.11: Names of the Villages Surveyed 36 3.12: Demographic Profile of the Surveyed Villages 37 3.13: Working Population by Sector 38

4.1: Description of Children, 2001 42 4.2: Social Composition of Listed Children 45 4.3: Poverty and Landholding Status of Listed Children 45 4.4a: Number of Children Who Have Left Their Villages (by purpose) 46 4.4b: Trafficked Children among Listed Children 47 4.5: Percentage Distribution of Trafficked and Total Children by Religious Category 47 4.6: Percentage Distribution of Trafficked and Total Children by Social Category 48 4.7: Percentage Distribution of Trafficked and Total Children by Land Size Category 49 4.8: Percentage Distribution of Trafficked and Total Children by Ration Card Category 49 4.9: Percentage Distribution of Trafficked and Total Children by Highest Educational Level of Household Members 50 4.10: Percentage Distribution of Trafficked Children by Household Occupational Category 50 4.11: Percentage Distribution of Trafficked and Total Children by Age Group 51 4.12: Percentage Distribution of Trafficked and Total Children by Education of Parents/Guardians 51 4.13: Percentage Distribution of Trafficked and Total Children by Education of Children 51

5.1: Reasons for Trafficking 57 5.2: Household Headship among those with Trafficked Children 58 5.3: Social Composition of Households with Trafficked Children 58 5.4: Economic Conditions of Households with Trafficked Children 59 5.5: Highest Educational Levels of Household Heads/Members 59

vi 5.6: Education Level of Studied Population (>5 years) 60 5.7: Percentage Distribution of Working Population by Type of Work 61 5.8: Number and Percentage of Workers by Sex of Household Head 61 5.9: Number and Percentage of Workers by Religion of Household Head 61 5.10: Number and Percentage of Workers by Caste of Household Head 62 5.11: Number and Percentage of Workers by Land Size 62 5.12: Percentage Distribution of Households by Type of Housing 62 5.13: Percentage Distribution of Households by Ownership Status of Homesteads 63 5.14: Percentage of Households by Indebtedness 64 5.15: Purpose of Loan 65 5.16: Percentage Distribution of Households by Type of Health Facilities Accessed (Multiple Choice) 65 5.17: Number and Percentage of Workers/Non-workers by Highest Level of Education 66 5.18: Trafficked Children among Children of their Households 66 5.19: Percentage Distribution of Trafficked Children by Decision Maker (Of Child’s Moving Out of the Village for Work) 67 5.20: Percentage Distribution of Trafficked Children by Relationship with the Person Who Accompanied Them Outside the Village 67 5.21: Trafficked Children by Type of Work 68 5.22: Increase in the Number of Traffickers Approaching Households after the Floods (percentage) 68 5.23: Parents’ Awareness about the Identity of Persons Who Came to Village after the Floods 69 5.24: Percentage of Household Who Received Money in Lieu of Sending Their Child/Children Out of the Village to Work and the Average Amount Received 69 5.25: Number and Percentage of Households Who Know Where the Trafficked Children Live at Destination 69 5.26: Percentage of Households Who Know Where the Children Live 70 5.27: Percentage of Household Who Know with Whom the Trafficked Children are Living at Place of Work 70 5.28: Percentage of Households by the Level of Contact with Trafficked Children at Destination 71 5.29: Percentage of Households by Mode of Communication with Trafficked Children at Destination 71 5.30: Percentage of Households by Reasons on why Trafficked Children have not Returned Home 72 5.31: Specification of Holidays at the Workplace (per cent of households) 72 5.32: Percentage of Households where Children were Allowed to go Home for Vacations 72 5.33: Percentage of Households’ Opinions about Children’s Freedom to go Home for Specific Reasons 73 5.34: Percentage of Households Aware of the Law Against Child Labour and Trafficking in India 73 5.35: Percentage of Households Who Think Sending Children Away for Work is Inevitable 73 5.36: Reasons of Inevitability of Sending Children Away for Work (per cent of households) 73 5.37: Percentage of Households Who Witnessed Change in the Economic/Living Status of the Family After Sending Child for Work Outside the Village 74

vii 5.38: Changes in Status of Family After Sending Child for Work Outside the Village (per cent of households) 74 5.39: Children and Health Issues (per cent of households) 75

5.40: Percentage Households which Know About Abuse of Trafficked Children 75 5.41: Migrant Child Abused by Type (per cent of households) 75 5.42: Percentage of Physical Abuse Reported by Households 75 5.43: Number and Percentage of Households Who Opined that there is a Relationship between Child Trafficking and the 2008 Flood 76

List of Figures 4.1: Percentage of All Children Attending Educational Institutions, 2001 43 4.2: Percentage of Child Labour to Total Children, 2001 43 4.3: Percentage of Child Labour Attending Educational Institutions, 2001 44 4.4: Percentage Distribution of Trafficked and Total Children by Social Category 48 4.5: Percentage Distribution of Trafficked and Total children by Education 52

5.1: Reasons for Trafficking 57 5.2: Purpose of Loan taken by Trafficked Children’s Households 65 5.3: Trafficked Children by Main Type of Work 68 5.4: Reasons of Inevitability of Sending Children Away for Work (per cent of household) 74 5.5: What are Your Suggestions to Reduce the Possibility of Children having to Migrate to Work (per cent of household) (Multiple Choice) 76

viii Executive Summary

This study is an enquiry into child trafficking in the context of poverty and deprivation in the Kosi region of Bihar. The region came in the limelight because of the 2008 floods which caught the attention of both the international and national media. There were reports of thousands of people losing their lives and livelihoods to the ravaging waters. Media reports also highlighted the trafficking of young children by agents who appeared in camps set up for displaced persons. They beguile parents into sending their children with dreams of securing their lives as well as those of their families. There were also reports of police raids at railway stations and in workplaces in distant parts of the country where these children had been taken. NGOs, such as Save the Children, were active in trying to identify instances of trafficking and in working with law enforcement agencies to rescue the children and prosecute the traffickers. What we believed was that sending children out in search of work after the floods, which also led them to be trafficked, was a part of the survival strategies followed by the poor households in the region. The question that sought an answer was: Why would parents expose their young children to journeys that were full of threats? Our hypothesis was that since the poor were faced with chronic poverty and lack of any options, they adopted adult migrant labour as a survival strategy and child trafficking got socially accepted in this overall background of widespread migration. Historically, Kosi region is characterised by high landlordism and caste discrimination. Land ownership and access to land is in keeping with caste patterns. The upper and middle castes constitute the upper tiers of the landed class, with the Scheduled Castes (SCs), Scheduled Tribes (STs), and the other lower castes (now constituting the Other Backward Castes (OBC-I) forming the rest, with little or no land at their disposal. Population growth has also led to the fragmentation of landholdings. Further, there are regular floods in the Kosi River, the region has an agrarian economy which is totally dependent on rains, and there is little investment in irrigation and flood protection measures. Hence, the livelihoods of the poor are extremely tenuous. In the post-independence period, the growth of educational and health services for the poor has been extremely uneven and of poor quality, resulting in high illiteracy levels and rising health costs for those who can least afford it. With this backdrop of poverty and lack of human development, the poor accept unsafe migration by children, exploiting their vulnerability, which leads to trafficking that involves third parties and acceptance of the total control of a child’s person by the employer. We undertook a survey in 4,111 systematically selected households in 20 villages from two districts – Araria and Khagaria – in order to uncover the phenomenon of child trafficking in relation to patterns of poverty, access to productive resources, and human development opportunities. We found the following situation: 1. Poverty was widespread and was linked with landlessness where high percentages of households were totally dependent on agricultural labour for survival. 2. There were low literacy rates among men, even lower ones among women, and there was low educational participation by children. 3. There was poor quality housing, and poor access to health facilities. 4. The poor were indebted to private sources, mainly for unproductive purposes. 5. Health costs formed a significant part of the debt incurred by the poor.

ix All these showed signs of deep and inter-generational poverty. Adult males migrated regularly in search of work. The poor were dependent upon their remittances for survival. However, we found that despite such remittances, the households remained mired in poverty and debt. In such a situation education was not seen as providing a viable route to a better future for the children. Child labour was widespread in the districts under study; it was coincidental with low caste and minority status, landless agricultural labour households, and poor living conditions. We tried to establish the extent of child trafficking in this larger context. We found that approximately 7.7 per cent of the children in our sample had been trafficked. They were sent either with family members who transported them to their employers and left them under their control, or they were delivered into the hands of third parties in the village. Underemployment of adults in the area emerged as the main reason for children getting trafficked (mentioned by 63 per cent of the trafficked children’s households). To study the characteristics and conditions of child trafficking we conducted a detailed sub-sample study of 411 households of trafficked children. This revealed that children’s lives and labour were controlled by their handlers, to whom they were effectively bonded. They could only leave the employment once the debt had been repaid. In the interim, their earnings were handled by their controllers, who arbitrarily deducted amounts which were accounted for as expenses for children’s subsistence. If the children fell seriously sick they were sent home without treatment. Their families accepted all this as part of the deal, and persuaded the children to ‘forget it’. On an average, parents and guardians received cash advances of Rs 1,830 in lieu of a trafficked child’s labour. 71 per cent of the parents in this sub-sample said that they had no choice but to send their children to work, leading to them getting trafficked; 40 per cent of them attributed this to indebtedness while 18 per cent said it was because of poverty. The trafficked children were often re-trafficked, and the cycle continued until they grew up and learnt to negotiate better deals in the labour market. Then again, as adults, for the most part they continued in the same cycle of migrant work, with hardly any legal protection and decent work conditions. Having understood the widespread nature of child trafficking in this larger context, we tried to examine the role of families in taking decisions related to children leaving their villages for work in the control of third parties. We found that in 56 per cent of the cases the decision of sending a child was jointly taken by both the parents. This corresponds with a finding in the qualitative part of this study in which the elders of the village were reported to have decided that male children above the age of 10 years should go out for work. We tried to talk to parents and children who had been trafficked, to look at their lived experiences, and see if there were any openings whereby this practice of child trafficking for labour can be effectively combated.

x • Developing agro-processing for generating employment and incomes and developing marketing links for raw materials as well as processed products would be important. Animal husbandry and fisheries are two examples of how this can be done. These resources are widely available and need to be harnessed through proper mobilisation and organisation of rural communities and developing marketing links through training. The AMUL cooperative model would be useful in the region. Water transport links along with road links could be systematically developed for access to the market. Developing micro-finance through women’s groups needs to be done on a systematic basis. Well-known micro-finance institutions like SEWA can be invited by the state to start operations among vulnerable communities. • Land reforms: There is no escaping the need for reforming the inequitable land distribution that underpins discrimination in rural society. Providing land to the landless is a guarantee of improving their bargaining position in the rural context. If the right interventions are made by the state to make farming profitable for small and marginal farmers, this can also contribute to improving food security. • Education: In order to ensure that both boys and girls stay in school and complete their education it is important for the state to pay attention to better teaching management in terms of better training and conditions of work for teachers, better monitoring of their performance, performance-based salaries, rational posting policies, sensitisation towards the needs of poor children, and providing greater support to poor children. Based on their aptitude, the children should be provided options for vocational development or other courses of higher education. Armed with good education, these children will not only be less prone to trafficking, but they will also change the faces of their families and communities in the time to come. • Child participation: Participation of children in preventing trafficking is an important area that has been ignored by state agencies tasked with combating human trafficking. Creating awareness about their rights, the risks of trafficking and bonded labour, and the importance of reporting any instances of children being forced or induced to leave the village, are important aspects that need to be built into the education system. Activities that are aimed at generating awareness at the community level need to start from the school and children need to be sensitised to the risks that they face through plays and dramatic representations that depict real life situations. • Legal reforms: It is important to address the issue of multiple laws that cover various aspects of human trafficking, bonded labour, and child labour, etc. A comprehensive legislation that brings together all facets of human trafficking under one definition, and sets out stringent punishments for child traffickers is needed urgently. Such a law should be equipped with a strong law enforcement system so that it can be effectively implemented. • Prosecution: Unfortunately, a large part of the problem in the continuation of child trafficking is the weak legal response to this crime. Honest and well-trained police teams need to be put in charge of following up on tip-offs, reacting to reports of child trafficking made by NGOs, and registering FIRs instead of ignoring the problem. They also need to make arrests, and gather evidence in ways that will stand scrutiny in the courts. Bail should not be easily given to traffickers as once they are out on bail they can intimidate the trafficked persons or their families, or even destroy evidence. Stringent punishments need to be awarded with no chances of parole for proved offenders. • Training and sensitisation of key duty bearers: The police, judiciary, and members of Panchayati Raj Institutions (PRI) need to be trained, including in the following: • Laws that deal with human trafficking, bonded labour, and child labour. • Who the potential victims are and the perpetrators of human trafficking, particularly child trafficking. • Ways of identifying the traffickers; the referral system that PRIs as well as community-based organisations can access in order to report missing children and any other relevant information.

xi • The police need sensitisation and training in order to make arrests and prepare case files which can be useful in ensuring that prosecution is effective in punishing traffickers. • The police also need training in working with civil society organisations to obtain information and carry out investigations that can lead to arrests. • The judiciary needs to be provided with special training and sensitisation to ensure that cases dealing with human trafficking are dealt with speedily, in-camera trials held wherever the circumstances warrant, and the most stringent punishments that can be effective deterrents are awarded to traffickers. • The police and judiciary require training and sensitisation in dealing with children, in providing effective protection to trafficked children, in ways to get their evidence in non-threatening ways, and with arrangements that will not compromise their security. Quick trials are required and stringent punishments need to be awarded which are the only deterrents to traffickers. • Setting up and operating safe houses for trafficked children in partnership with civil society organisations, where they can be provided counseling and treatment without threat from traffickers. • Monitoring of returned children and their families, their rehabilitation through education, employment for their families, and security for the children and their families are important aspects for preventing human trafficking. • Where there is a threat that the children may be re-trafficked, the police needs to act in partnership with civil society organisations, to keep the children in safe houses, and arrange for their education and training to develop their skills for eventual employment after the age of 18 years. • Training and sensitisation of parents and guardians: In identifiable source areas parents and guardians should be trained and sensitised about the provisions of the law, the extent of the risk to the children being trafficked, the value of education for children, monitoring of children’s activities and their whereabouts, reporting missing children to the authorities, or providing information about contractors or agents operating in the village to recruit child workers. • Communities should be organised in sending areas so that they can resist the temptations dangled by traffickers to send their children to work, and in empowering them to report potential traffickers and their activities. • Referral system: There is an urgent need to set up a referral system whereby right from the local communities, there is a chain of information centres where community representatives and parents can go in order to provide/obtain information and initiate action. Referral systems should be located within existing structures so that action can be taken against traffickers; they should also help in monitoring and providing information to affected persons. These should also provide services for medical and legal counseling, rehabilitation, and reintegration of trafficked children with their families. PRIs, the district administration, child welfare committees, and other bodies which are directly connected with the issue need to be linked together with the district law and order machinery and railway authorities so that they can act in concert. • Civil society: The role of civil society and NGOs needs to be recognised and given due importance in the effort to combat human trafficking. Their role in training and sensitising government agencies and communities, in identifying potential cases, in the recovery of children, maintaining safe houses for their protection, ensuring their safety and well-being during evidence gathering and otherwise at all times, and providing education and training are aspects that need to be recognised and built into any efforts to combat human trafficking, particularly child trafficking.

xii Chapter One Introduction and Methodology

The aim of this study was to examine the dynamics of child trafficking in the Kosi region of the eastern state of Bihar. The study also aimed at estimating the number of children trafficked and analysing its causes. These causes lie in the economy and society of the poor in the ‘source’ areas as well as in the demand for cheap and pliable child labour for a large variety of enterprises. The study also analysed the effects of trafficking on the lives of the trafficked children, and attempted to come up with recommendations that can be acted upon for effectively combating child trafficking in the region. Trafficking in children constitutes a major segment of human trafficking both globally as well as in the Indian context. Human trafficking is regarded as one of the worst forms of crimes against humanity. It is committed against some of the most vulnerable sections of people and is one of the most lucrative crimes at the local, national, and international levels. India is one of the major source, transit, and destination countries for trafficked persons. Within India, Bihar is emerging as a major source, transit, and destination centre for trafficked persons.1 The UN defines human trafficking as ‘the recruitment, transportation, transfer, harbouring, or receipt of Within India, Bihar is persons by means of threat or use of force or other forms of coercion, of abduction, of fraud, of emerging as a major deception, of the abuse of power or of a position of source, transit, and vulnerability or of the giving or receiving of payments destination centre for and benefits to achieve the consent of a person having control over another person for the purposes of trafficked persons. exploitation. Exploitation shall include, at a minimum, the exploitation or the prostitution of others or other forms of sexual exploitation, forced labour or services, slavery or practices similar to slavery, servitude, or the removal of organs.’ The aims of this study were to: a) Arrive at an informed quantitative approximation of the extent to which trafficking in children had occurred in the Kosi region at the time of the research in August 2010. Though the two study districts were affected by the 2008 floods, our survey did not gather pre- and post-flood data. However, the study did address this issue and came up with some answers, and b) To understand the social and economic dynamics of child trafficking in the region. In addition, the study also attempted to: 1. Arrive at a quantitative estimate of the children being trafficked as well as its causes. 2. Explore the implications of trafficking and analyse the reasons which force households to send their children out to work. 3. Try to understand the socio-economic conditions of such households, and the extent to which low caste/minority status, inter-generational poverty, histories of discrimination, gender-based factors, and sudden shocks leading to economic distress occurring at a larger level, or else at the level of the household itself, may be coalescing together to lead to unsafe child migration resulting in child trafficking.

STOLEN CHILDHOODS: 1 A Study of Child Trafficking in the Kosi Region of Bihar Chapter One Introduction and Methodology

4. To explore the main purposes of child trafficking and the extent to which parents may be aware of the realities of sending children out of their homes. 5. Look at the gender breakdown of child trafficking and the socio-cultural factors that determine this. With regard to the effect of the 2008 floods on trafficking of children from the region, collecting quantitative data on the pre-flood situation was not within the purview of the study; we did collect qualitative data from the study villages regarding the impact of the 2008 floods on the dynamics of child trafficking. What became clear was that decisions to send minor children often in the company of third parties to seek livelihoods were taken by both the parents. This was seen only as a survival strategy which has become fundamental to the lives of the rural poor in the area. As a result of the 2008 floods, it was often stated that the rural poor lost their already meagre resources. Hence, all age groups engaged in migration as a sole means of survival. So, aside from some instances where households were persuaded by agents/recruiters to send their children away after the floods, most households felt that the floods had added a dimension of desperation to their migration, but they saw it as a continuation of their extremely vulnerable conditions where moving out of their state alone could provide them with a fair chance. It is in this context of distress migration that the unsafe migration of children with third parties leading to the transfer of the control of their ‘person’ to others, that is, trafficking occurs. The study also analysed the following: 1. The extent to which trafficked child worker’s incomes was sent home by their handlers. 2. The amounts sent and the regularity at which they were sent. 3. Trends of such remittances over time, the actual extent to which incomes earned by the children contributed to the welfare of the households. 4. Purposes which were served by such incomes, and whether the benefits realised by the parents make it easier for them to rationalise their decision of sending the children out. The study further tried to give voice to the parents of trafficked children and the few returned trafficked children themselves, in order to uncover the circumstances surrounding child trafficking, and more importantly, the effects of being trafficked. This was based on the idea of assessing longer- term institutionalised factors that lead to child trafficking becoming such a regular phenomenon in the Indian rural-urban scenario. The study also tried to get the children’s views on what may be done to combat trafficking.

The River of Sorrows The Kosi region of Bihar is doubly cursed with a mighty river which floods regularly and has, during the past 250 years, shifted its course over 120 kilometres drowning villages and land situated along its banks, and a historically inherited inequitable landownership and social structure. The region is historically characterised by low development and feudal class relations, with landownership concentrated in the hands of a relatively small percentage of the population, the rest surviving as raiyats2, sharecroppers, and as landless labour. The Permanent Settlement Act, 1789 settled large areas with landowners who were left free to deal with their peasantry as they pleased. High landlordism also made life difficult for tenants who remained mired in debt and poverty. With independence came the abolition of the zamindari system.3 But the social ideals associated with this system remained deeply ingrained within the agrarian social structure, leading to the perpetuation of exploitative agrarian relations, inter-generational transfer of poverty, and large sections of people being discriminated against. Even today, landownership is concentrated in the hands of a relatively small class of bigger farmers/landowners, with marginal and small landholdings being in a majority. Larger landholdings of more than 10 acres are held by a minority of the households. With increasing

2 STOLEN CHILDHOODS: A Study of Child Trafficking in the Kosi Region of Bihar Chapter One Introduction and Methodology fragmentation of already small holdings, a majority of the rural population is forced to eke out an existence either as small and marginal farmers or as landless labour. With abysmal levels of poverty, Bihar still lags behind the rest of the country in terms of fundamentals like health and education. Around 40 per cent of the population in the state is below the poverty line (NSS 2004-05). Major health and demographic indicators like Infant Mortality Rate (IMR), Maternal Mortality Ratio (MMR), and Total Fertility Rate (TFR) are much higher than the all-India level and reflect a poor health status in the state. Bihar, with a 46 per cent literacy rate, is last in terms of literacy in India. With extremely low levels of health and education,4 as well as low levels of access to infrastructure and social services, the rural poor have limited options for improving their livelihoods or even meeting their basic needs. Migration in the hope of employment opportunities in other parts of India is the most significant survival strategy adopted by them. However, unsafe migration often turns into human trafficking when those who are Victims of human at risk, such as children, girls, and poor men and trafficking are those who women, engage in it. They are also little informed about the labour market and of conditions of work are the most vulnerable and and their rights and entitlements. When natural weak, young, women and disasters occur, the poor who lose their assets and employment opportunities may increasingly resort to children, and poor men. migration. However, it is important to understand the impact that floods and droughts have on migration within an overall situation of chronic and unrelenting poverty, wherein migration is increasingly becoming a way of life for the poor, non-poor, or the not so poor in Bihar.5 This includes unsafe migration of children for employment which leads to trafficking.6 While there were media reports of incidents pertaining to the activities of traffickers at the time of the 2008 floods, and there was a crackdown by the police, children continue to migrate unsafely even two years later. Thus, our study tried to examine the extent of child trafficking that occurs on a regular basis and also provide indications on the likelihood of increased trafficking in the wake of the 2008 floods in the two districts of Khagaria and Araria. These two are among the poorest districts and are low in human development levels within Bihar.

Characteristics of Trafficking and its Global Nature In simple terms, trafficking is akin to modern day slavery. The International Labour Organisation (ILO) estimates that 2.4 million people were subjected to trafficking in between 1995-2005.7 Other organisations estimate the number to be as high as 27 million.8 The International Organisation for Migration (IOM) estimates that at any given time, victims of human trafficking are those who are the most vulnerable and weak, young, women and children, and poor men.9 According to the US Government, 12.3 million adults and children worldwide are in forced and bonded labour and in forced prostitution.10 Research also shows that 80 per cent of the trafficked persons were women and girls, and 50 per cent of the victims were children.11 Such estimates relate to trafficking beyond national borders. Internal trafficking which occurs within the boundaries of nation states is harder to estimate. It is also one of the most difficult areas to research, especially for quantitative estimates as most of the human trafficking occurs in hidden ways. Human trafficking is a complex phenomenon with a multiplicity of actors working at different levels and at various stages of the movement of vulnerable groups. Often, human trafficking is closely linked with unsafe migration by vulnerable groups which can end up as trafficking. The hidden nature of trafficking and its victims is one of the most challenging issues facing researchers. Most of the populations relevant to the study of human trafficking, such as victims/survivors of trafficking for sexual exploitation, traffickers, bonded child workers, or illegal migrants are part of

STOLEN CHILDHOODS: 3 A Study of Child Trafficking in the Kosi Region of Bihar Chapter One Introduction and Methodology

a ‘hidden population’. Unlike popular perceptions, traffickers are often persons not far removed from the communities of their victims. Another issue that needs to be noted here is that unsafe migration by vulnerable groups more often than not turns into human trafficking. Research into human trafficking has become urgent, spanning historical, humanitarian, legal, and socio-economic dimensions. The analytical results of such research need to be fed into national and international databases and coordinated with action programmes to combat child labour and trafficking. There is also a need for a well-researched database on child trafficking which can be updated and be available for all concerned agencies for programmatic and analytical purposes.

Trafficking in India India is one of the most significant sources, transit, and destination countries for human trafficking, be it for men, women, or children for the purposes of forced labour and commercial sexual exploitation. India has been put on the 2-Tier Watch List by the US State Department for the seventh year in a row on account of its relative failure to prevent and prosecute trafficking.12 According to the US State Department, internal forced labour may constitute India’s largest trafficking problem.13 Men, women, and children in debt bondage are forced to work in industries, such as brick kilns, rice mills, agriculture, and embroidery. Although no comprehensive study of forced and bonded labour has been carried out, according to some NGOs this problem affects tens of millions of Indians. Those from the most disadvantaged socio-economic strata are particularly vulnerable to forced or bonded labour and sex trafficking. Women and girls are trafficked within the country for commercial sexual exploitation and forced marriages. Children are routinely subjected to forced labour as factory workers, domestic servants, beggars, and agricultural workers.

Conditions in Bihar Within India, Bihar serves as a prime example of a source, transit, and destination area for victims of unsafe migration and human trafficking. Bihar is bound by West Bengal in the east, Jharkhand in the south, and Uttar Pradesh in the west; it also shares an international border with Nepal. It is a porous border which is used for unsafe migration leading to human trafficking. As per the 2001 Census, the total population of Bihar was 82,878,796 (43,153,964 men and 39,724,832 women). The density of population was 880 persons per sq. km. with a sex ratio of 921. The sex ratio had improved as compared to 1991, when it was 907. But the child sex ratio had decreased over the same period—from 953 in 1991, to 938 in 2001. Literacy rates were 47.53 per cent, which are much lower than the all-India rate. Female literacy rates, at 33.57 per cent were much lower than male literacy rates of 60.32. The number of illiterates increased from 31,986,516 to 34,968,650 (a difference of 2,982,134), negatively contributing to existing levels of illiteracy by 9.33 per cent (Census of India 2001).14 The school dropout rate was also quite high, with these dropouts often getting absorbed in the workforce. Bihar is one of the poorest states in India; 42.1 per cent of the state’s rural population was below the poverty line in 2004-05 against 28.3 per cent at the all-India level.15 Poverty in Bihar was estimated at approximately 45 per cent in 1993, which had declined to approximately 39 per cent by 1999. The poverty gap too had declined from 0.10 to 0.08. However, despite this progress it was estimated that Bihar was one of the poorest states in India in 2002, with

4 STOLEN CHILDHOODS: A Study of Child Trafficking in the Kosi Region of Bihar Chapter One Introduction and Methodology rural poverty estimated at 41.1 per cent in 1999-2000.16 In 2004-05, rural poverty in the state stood at 42.1 per cent as compared to the all-India average of 28.3 per cent.17 Things have not changed for the better even in the recent past.18 A recent World Bank report states that Bihar has high levels of rural poverty basically on account of low levels of access to land.19 This situation is related to its semi- feudal agrarian structure, inequitable landholdings, limited access of the poor to productive resources, lagging development of non-farm rural employment, poor infrastructural development, and poor performance on most human development indicators.20 Bihar, ranked thirty-fifth among the Indian states, was at the bottom of the Education Development Index for India in 2007-08. While Bihar has tried to make progress in the areas of primary school enrolment and access to safe drinking water, its performance in areas like reducing gender gaps in primary enrolment, literacy, access to sanitation and medically attended births is much lower than par. Statistics often disguise the extent of deprivation as rural and urban areas are clubbed together. Further, inequality with regard to access to education on account of caste and gender is palpable. Performance among the SCs was extremely low. Women’s literacy rates too were very low at 33 per cent, which was even lower among SCs. This compounded the low social and economic status of these groups. As most of the labour force is engaged in agriculture (80 per cent in 1999-2000), where performance has been lagging on account of a number of factors, rural income poverty is high. The highly inequitable landownership structure which has persisted on account of poor land reforms has laid the foundations of persistent rural poverty and lack of access of the poor to capital—natural, social, human, financial, and physical.21 Marginal and landless households formed almost 75 per cent of the poor in 1999-2000.22 The situation did not change much in 2010 as per the Bihar Development Report (2010).23 Low social identity related to low caste status is directly related to low socio-economic conditions. SC households, for instance, are far more likely to be constrained with regard to opportunities for education and employment. They are concentrated among the land-poor sections and are restricted to marginal occupations in rural areas. Their access to basic needs, such as health and sanitation is limited. Low human development combined with histories of exclusion limit the capacity of the rural poor to extricate themselves from long-term poverty. Lack of adequate and timely land reforms, land consolidation, and infrastructural development (for example, irrigation, post-harvesting and storage facilities, roads, and access to markets) have contributed to poor development in agriculture and an almost non-existent rural non-farm economy. Industrial development has lagged behind in the state as a whole. The poverty and desperation of the rural poor is compounded due to the lack of development of physical infrastructure and measures to deal with natural disasters. Human development facilities are woefully inadequate both in terms of quantity as well as quality. The difference is that when the non-poor (that is, those just above the poverty line) migrate they do so with better resources at their command, while the poor face inequitable situations even when they leave home in a desperate attempt to get a better deal.

Adult Migration and the Social Context of Child Trafficking Within this context of chronic poverty, migration by poor adults as a social phenomenon in the region appears to provide legitimacy to promoting the idea of child migration within families. Families feel that there are no options for children but to do what they can for their own survival as well as for their families. In this context, children moving to unknown places unaccompanied by parents and often with third party participation amounts to unsafe migration and can easily lead to trafficking. What concerns us here is the extent of unsafe migration by children who as a whole are particularly vulnerable. The use and abuse of children from the eastern region in both urban middle class households in Bihar as well as in other parts of the country and in the unorganised sector is well known. Enterprises and activities in the unorganised sector where child labour (who are likely to have been trafficked) is routinely used, is also equally well known. These include cottage industries, such as carpet production,

STOLEN CHILDHOODS: 5 A Study of Child Trafficking in the Kosi Region of Bihar Chapter One Introduction and Methodology

embroidery, fireworks and glass blowing factories, construction sites, brick kilns, garbage industries, wayside tea stalls, and hotels. Much of the work is hazardous and illegal. The prevalence of child prostitution is also reported. What is required is systematic research with a view to providing reliable data that can be used to plan strategies and programmes to combat the trafficking and exploitation of children from Bihar. Research needs to examine both the supply as well as the demand side of child trafficking. This study focuses on the factors that contribute to the perpetuation of child trafficking, its nature and extent, its outcomes and impacts. It is hoped that this research will be complemented by further work on the demand side factors. Trafficking in Bihar. Bihar shares a border with Nepal and is the main transit state in India through which trafficked women and children pass.24 The entry points in the state are Raxaoul, Bairgania, Motihari, Sitamarhi, Narkatraganj, Madhubani, Sonbarsha, Jogbani, and Kakarbita.25 Bihar also serves as source state for trafficking of women and children mainly for forced labour and marriages. It is a transit state for trafficking of women and children from Nepal for sexual exploitation and also serves as a destination state for trafficking of women from Nepal. Bihar shares a border with West Bengal and is also a transit and destination point for trafficking from Bangladesh. There are red light areas all over the state which are both destination and transit points for trafficked women and children from within and outside the state. A survey by Bhoomika Vihar showed that women and girls also operate through mobile brothels. It is also conspicuous as a transit point for children, especially girls being trafficked from Nepal, Bangladesh, West Bengal, Orissa, and Assam.26 Hundreds of minors from Bihar are bought and taken away to cities like Chandigarh, Agra, and Meerut to work as household workers. The trafficking affected districts in the state include Purnea, Araria, and Khagaria. However, like it is difficult to arrive at accurate estimates of human trafficking on account of its clandestine nature, it is also difficult to estimate the number of girls being trafficked from Bihar, as socio-cultural factors hinder the identification of such instances. People readily admit to sending their minor sons out to work but are far more hesitant to admit that they also send their daughters out. Our sample did not report girls being sent out by poor households for purposes of wage earning. Poverty, Natural Disasters, Migration, and Human Trafficking. In examining the highest potential source areas for trafficking of women and children it is important to remember that vulnerability to unsafe migration and resultant trafficking is more common in areas that are regularly prone to droughts, floods, or other natural disasters, or are situated in less productive agro-climatic zones and where large numbers of families live below the poverty line, that is, those who earn low wages, are functionally landless, have poor literacy, and have no alternatives for lean season employment.27 In the case of Bihar, districts with low natural endowments and susceptibility to natural disasters are also among the areas with high levels of migration and trafficking. Poor households are forced to look for survival strategies away from their homes. Such strategies mostly consist of adult migration to begin with and may soon include women and children. For such sections of the population, migration is often unsafe and degenerates into trafficking. The two districts covered by this research exhibit low investment in agricultural production and a highly inequitable resource distribution. Combined with low levels of physical infrastructure to control the frequent threat of floods and droughts these lead to a situation where unsafe migration and trafficking are almost inevitable. Adult male migration de facto leads to increased vulnerability of female supported

6 STOLEN CHILDHOODS: A Study of Child Trafficking in the Kosi Region of Bihar Chapter One Introduction and Methodology households. Female headed/supported households are poorer and likely to be more vulnerable to pressures from potential traffickers. Families are known to send their children out ostensibly for employment. However, most such migration is unsafe and inevitably leads to trafficking of children. It is also important to understand that migration by all age groups is an established survival strategy in all times. Major natural disasters may or may not show dramatic increases in migration, as it occurs even in ‘normal’ times. Objectives of the Study The objectives of this study are: • To arrive at an informed quantitative estimate of the extent to which child trafficking occurs in the Kosi region of Bihar, trends in terms of percentages of children trafficked, gender patterns of the children trafficked from the region, socio-economic background of the trafficked children, including caste/religious background, land ownership, poverty status, educational levels of children and households, as well as local factors contributing to the trafficking of children; • To understand the dynamics of sending households, addressing the following in particular: • The socio-economic conditions of sending households, • Extent to which low social status and poverty, as well as gender-based factors may be coalescing together to lead to child trafficking, • Household decision making patterns involved in unsafe migration frequently resulting in child trafficking, • Extent to which gender differences occur in such decision making, • Factors contributing to the decision of sending children to work outside their village, like household poverty, loss of livelihoods, disruption in household livelihoods due to sudden shocks, debt, social expenditure, health related costs, and loss of land, desire for better living standards, including an urban way of life and role of the media, • Gender differences in trafficking: The number of girls being trafficked, and what significant differences exist between the migration and trafficking of boys and girls, with particular reference to destinations, types of employment and living arrangements, abuses suffered, economic gains to sending households, and consequences for trafficked girls, • Economic benefits: Extent to which households benefit from child trafficking in termsof advances paid and the remittances made by children and trends in these, • Role of parents/guardians: Extent to which child trafficking occurs with or without the knowledge of parents, • Destinations and types of employment available to trafficked children, and the extent to which parents/guardians are informed regarding these aspects prior to a child’s unsafe migration and differences in these later, • Extent of abuse faced by trafficked children, • Extent to which parents/guardians are aware of the extent and nature of abuse faced by their children/wards, • Frequency and nature of family contacts with trafficked children, • Extent of awareness among parents/guardians regarding legal sanctions against child labour and child trafficking, • Extent to which the identity of traffickers is known to parents/guardians, and the children, identity and roles of different persons involved in the process of trafficking,

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• Extent to which consensus exists among parents/guardians that action needs to be taken against child trafficking, • Any opportunities and entry points at the community level for creating awareness about the need to combat child trafficking, as well as access to support systems that may enable communities to group together to combat child trafficking, • Giving voice to parents of trafficked children as well as the trafficked children themselves,28 in order to uncover the circumstances surrounding child trafficking, the effects of being trafficked on the children, the extent to which children view their migration as a positive or a negative experience that marks the rest of their lives, the views of children and their parents on efforts in combating trafficking, and • Seeking the views of both men and women members of households that have trafficked children in order to understand whether there may be any significant gender differences with regard to the choice of sending children away to work as a household survival strategy, as well as its implications, circumstances contributing to it, and ways to combat it effectively.

Methodology a) Definition of Child Trafficking Used in this Study In keeping with the Palermo Protocol ( See Box 1), Trafficking in children shall mean the recruitment, transportation, transfer, harbouring or receipt of children 0-18 years of age, by means of the threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation. Exploitation includes forced labour or services, slavery or practices similar to slavery and servitude in addition to prostitution (See Box 1). In the case of children, the declaration is even stronger (See Box1): The recruitment, transportation, transfer, harbouring or receipt of a child for the purpose of exploitation shall be considered trafficking in persons even if this does not involve any of the means set forth in subparagraph (a) of this article; that is, the means of trafficking. This strong stand for children is on account of their vulnerability. The declaration does not allow a state of vulnerability to be exploited. This definition of child trafficking adopted for this study, based on the Palermo Declaration, captures the following four core characteristics of child trafficking: 1. Recruitment, transportation, transfer, harbouring, and receipt of children. 2. The abuse of children’s state of vulnerability. 3. Giving or receiving payments or benefits for exploitation. 4. To have control over the person of the child for the purpose of forced labour, slavery, or servitude. In order to operationalise this conceptual definition of child trafficking for the purpose of this study, children between the ages of 5 till under 18 years who have undergone unsafe migration, alone without parents or family members, who are accompanied in their journey mostly by third parties, whose persons are under the control of employers and are subjected to exploitation through labour by the employers at the destination are deemed as trafficked children.Even in cases where a parent or a family member accompanies the child to the destination, once they leave, the child’s person is under the control of the employer who exploits his/her labour.

8 STOLEN CHILDHOODS: A Study of Child Trafficking in the Kosi Region of Bihar Chapter One Introduction and Methodology

Box 1: Definition of Trafficking as per Palermo Declaration Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organised Crime Article 3. Use of terms For the purposes of this Protocol: (a) ‘Trafficking in persons’ shall mean the recruitment, transportation, transfer, harbouring or receipt of persons, by means of the threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation. Exploitation shall include, at a minimum, the exploitation of the prostitution of others or other forms of sexual exploitation, forced labour or services, slavery or practices similar to slavery, servitude or the removal of organs; (b) The consent of a victim of trafficking in persons to the intended exploitation set forth in subparagraph (a) of this article shall be irrelevant where any of the means set forth in subparagraph (a) have been used; (c) The recruitment, transportation, transfer, harbouring or receipt of a child for the purpose of exploitation shall be considered ‘trafficking in persons’ even if this does not involve any of the means set forth in subparagraph (a) of this article;

Source: United Nations Office on Drugs & Crime, United Nations Convention Against Transnational Organised Crime, New York, 2004 pp. 42-43.

As against trafficking where the person of the child is under the control of another person, the worst forms of child labour ‘include work which, by its nature or the circumstances in which it is carried out, is likely to harm the health, safety or morals of the child’ (ILO 2007). Worst forms of child labour can also amount to child trafficking when it involves control over the person of the child by third parties. The US State Department’s Report on Human Trafficking (2010) makes this point clearer: ‘The majority of human trafficking in the world takes the form of forced labour. Also known as involuntary servitude, forced labour may result when unscrupulous employers exploit workers made more vulnerable by high rates of unemployment, poverty, crime, discrimination, corruption, political conflict, or cultural acceptance of the practice.’ b) Sample Selection and Methodology for Quantitative Data Gathering Sample Size The two districts of Khagaria and Araria where our research was located are among the poorest in Bihar, with some of the worst development indicators; they are also affected by floods. These districts were purposively selected in consultation with SC India and IHD research teams, based on their being flood affected districts with high levels of migration. Both also have high levels of rural poverty with large numbers of landless/land-poor households, as well as some of the lowest social indicators, including low female literacy rates and very low levels of access to health services. For sampling purposes, both the districts were classified into three strata Si (i=1, 2, 3). For stratification of villages in both the districts, female literacy rates (per cent) were used as the criterion. Since there is no published data on trafficking, we used female literacy rates as a proxy indicator of social development. Our hypothesis was that social indicators, such as female literacy rates are inversely related to unsafe migration and child trafficking. In a meeting held at IHD with eminent demographers, statisticians, social scientists, and child protection

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experts the study was targeted to cover at least 20 villages from the two districts to get a sample size of 4,000 households for a clear picture of child trafficking and its estimates. The achieved sample was even higher at 4,111 households (Details of the sampling procedure are mentioned in Annexure III). Sample Distribution Let N be the number of villages in both the districts and pj (j=1... N) be the percentage of female literacy rates of the jth village. These N villages are then arranged in descending order by pj. The top 25 per cent, middle 25 per cent, and the bottom 50 per cent, constitute the three strata, S1, S2, and S3 respectively. The number of villages in each stratum was fixed in proportion to the stratum population in the two districts. Thus 13 villages from Araria and 7 villages from Khagaria were included in the study (Table 1.1). Within each stratum the villages were selected based on probability proportionate to population size. After the sample villages were chosen for Table 1.1: List of Villages in which the Listing the listing study the next task was making Survey was Conducted a detailed listing of children (aged 0 to less Number of Villages District Block than 18 years) in the households. This listing Selected also covered detailed information on child Bhargama 2 trafficking. In selecting the households the Forbesganj 2 circular systematic random sampling method Kursakatta 2 Araria was used till we reached 200 households. If Narpatganj 1 the number of households in the sample Palasi 4 village was less than or equal to 200, all Raniganj 2 households were listed. Alauli 3 Based on this method, 4,111 households Beldaur 1 with children were listed. Estimates of the Khagaria Chautham 1 prevalence of child trafficking were derived Gogari 1 out of this listing. Parawata 1 From the listed households, a detailed household survey was carried out in 411 households having trafficked children, which is the expected minimum sample size needed for a study on the characteristics of trafficked children. This also worked out to be 10 per cent of the listed households, which was agreed upon for a detailed sub-sample survey of trafficked children households between SC India and the research team. These 411 households were included in the sub-sample for a detailed study based on their willingness to participate in such a study. This constituted 65 per cent of the households from which children were trafficked. At the outset, it needs to be clarified that the study did not collect pre-2008 flood data. It was a snapshot of the present day situation. Information on the impact of the floods on trafficking was also collected through the detailed sample study. This detailed sub-sample survey covered religion, caste, poverty status, land ownership, occupational distribution, family composition, sources of income and livelihoods, types of housing, levels of access to services, adult migration, including gender differences in migration patterns, unsafe child migration and resultant trafficking, including the factors responsible for this, sources of information on avenues for child migration and employment, decision making patterns within the family for unsafe child migration, awareness about destination and type of employment for the trafficked child, conditions of living and remuneration of the children, levels of interaction with a child after migration, information regarding abuses faced by the child, extent of benefits arising out of trafficked children’s work, uses of children’s remittances by the family, and the likelihood of the trafficked child being re-trafficked.

10 STOLEN CHILDHOODS: A Study of Child Trafficking in the Kosi Region of Bihar Chapter One Introduction and Methodology

Qualitative Research Given the ‘hidden’ nature of trafficking, and the increased vulnerability of trafficked persons, qualitative research was carried out in order to understand the dynamics of the process, as well as for giving voice to the parents of trafficked children and the trafficked children themselves. This was done through 20 focus group discussions (FGDs) with parents of trafficked children. The issues that were focused upon included: (a) compulsions that forced parents to send their minor children to work in unknown destinations with unknown persons, (b) their opinions about what may be done to combat trafficking of children, (c) gender divide in terms of involvement regarding the allocation of labour and life of a child in decision making, (d) ways in which the households at risk of having their children trafficked could be empowered to prevent trafficking, and (e) ways in which communities may be enabled to protect their children and how they can make use of support services against trafficking. Further, one-on-one interviews were carried out with 15 trafficked children, all boys, who were back in the villages in between episodes of trafficking.29 These one-on-one interviews were done in order to better understand the following: i) The sensitive aspects of the poverty and vulnerability of children and their families, ii) Their experiences of trafficking, iii) The identity of traffickers, as in who were the agents/contractors/others involved in the process, iv) The extent of abuse faced by the children during the process, v) Type of work performed, vi) Remuneration received, vii) Living arrangements, viii) Abuse to which they may have been exposed during their journey and at their destination, ix) Their movement from one type of employment to another, x) Trends in their earnings and remittances sent home, xi) Modalities of remitting money home, xii) Uses to which their earnings were being put by their families, xiii) Attitudes of the trafficked children towards their families, xiv) Attitudes towards migration as a livelihood strategy, xv) Their suggestions regarding combating child trafficking, xvi) Particular impacts if any of natural disasters on child trafficking, and xvii) Their ideas about their own lives, their aspirations, and outcomes of being trafficked on their lives and their future. The draft child listing format as well as the final questionnaire for the detailed household survey was modified during the team’s training programme and after field testing. The final format focused sharply on unsafe child migration leading to trafficking (the final schedules are given in Annexures I and II).

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End Notes 1 National Human Rights Commission (NHRC), UNIFEM, ISS: A report on Trafficking in Women and Children in India 2002-3. New Delhi. 2 Raiyat denotes peasantry as opposed to zamindars or landlords; the raiyats were their tenants under the Permanent Settlement of 1793, which governed land relations till until after independence. 3 Zamindari denotes landlordism. With the Permanent Settlement, the term acquired a new connotation in terms of the absolute powers of landlords over their peasantry. This continued until the late nineteenth century when the colonial government stepped in to rein in the landlords vis-a-vis the tenants. 4 As per the 2001 Population Census of India, India’s literacy rates showed an improvement at 65.38 per cent. They consisted of male literacy rates of 75.96 per cent and female literacy rates of 54.28 per cent. Kerala with a 90.86 per cent literacy rate was the top state in India. Mizoram and Lakshadweep were at the second and third positions with 88.80 per cent and 86.66 per cent literacy rates respectively. Bihar, with a literacy rate of 46 per cent was the last in the list. 5 The not so poor here refer to households above the poverty line, with some levels of education, and other social and financial capital; some members of these households migrate, while others stay behind to manage land and other assets in the village. For them migration is an income maximising strategy. 6 Trafficking here is defined as per the Palermo Protocol, and pertains to children from the ages of 0 to less than 18 years. In our research we found that child trafficking occurs mainly for child labour and the ages of the children being trafficked are between 5-18 years. 7 Polaris Project, Washington DC. Available at: [email protected]. 8 Bales, Kevin. 2005: Disposable People: New Slavery in the Global Economy. Washington DC. 9 International Organisation on Migration (IOM) 2008: World Migration Report 2008: Managing Labour Mobility in the Evolving Global Economy. Geneva. 10 US State Department. 2010: Trafficking in Persons Report (TIP). Washington DC. 11 Ibid. 12 United States Department of State. 2010: Trafficking in Persons Report 10th edition. Washington DC. 13 US State Department. 2010: op cit. 14 Census of India. 2001. 15 Rodgers, Gerry and Janine Rodger. 2010: ‘Inclusion or exclusion on the periphery? Rural Bihar in India’s economic growth’, Paper Prepared for IHD, (Draft), 8 February 2010. 16 Deaton and Dreze. 2002: ‘Poverty and Inequality in India: A Reexamination’, Economic & Political Weekly, September. 17 Calculated from the National Sample Survey, 61st Round. 18 Deaton and Dreze 2002: ‘Poverty and Inequality in India: A Reexamination’, Economic & Political Weekly September. 19 The World Bank. 2010: Bihar, Towards a Development Strategy. Washington DC. 20 IHD. n.d.: Dynamics of Poverty, Employment and Human Development in Bihar. New Delhi. 21 Scoones. Ian. 1998: ‘Sustainable Rural Livelihoods, A framework for Analysis’, IDS Working Paper 72. Sussex, UK. 22 The 50th and 55th Rounds of NSSO Surveys (Schedules I and II). 23 Indicus Analyticus. 2010: ‘Bihar Development Report’, Report submitted to Prabhat Khabar. 24 Asian Development Bank. 2002: Combating Trafficking of Women and Children in South Asia, Country Paper for India. Manila 25 STOP. 2002: Excerpts from ‘Analyzing the Dimensions: Trafficking and HIV/AIDS in South Asia’. 26 Shakti Vahini: Female Foeticide, Coerced marriage and Bonded Labour in Haryana & Punjab. 27 Sen. P.M. et al. 2005: Trafficking in Women and Children in India. New Delhi. 28 Trafficked children were not usually available in the source areas where we conducted the interviews. So only a few case study interviews of such children were possible. These are mentioned in the qualitative section of the report. 29 These boys were trafficked as a result of parents’ decision to send them away for work through unsafe migration under the control of third parties, who controlled their labour, their lives, and their incomes till they repaid advances received by the parents or fulfilled other obligations set by the third parties. After early episodes of trafficking, the children came back when employment was not available. However, continued poverty of their families perforce made them go back into unsafe migration, most frequently at the behest of their parents which led to trafficking. In a few instances the boys took the decision to fall in with their families’ priorities. It must be understood that adults too can become trafficked if they migrate unsafely and fall under the control of traffickers and thereby lose their liberty. To clarify further, adults also become trafficked if their migration process is unsafe, based on little labour market information, low skill levels, and low social and financial capital.

12 STOLEN CHILDHOODS: A Study of Child Trafficking in the Kosi Region of Bihar Chapter Two What the Literature Tells Us: Gaps in the Research on Trafficking in India

Introduction The urgency that governments and international agencies have been according to human trafficking in recent times stems from the need to control human smuggling and illegal immigration into developed countries and cracking down on one of the worst crimes against humanity. This importance is responsible for the increasing number of ongoing research studies on trafficking both internationally as well as in the South Asian region, including in India. Available literature on trafficking mainly consists of research reports based on snapshot-type studies, conferences, and workshops conducted by international agencies, as well as international and domestic NGOs. National and local-level studies are fewer when compared to the literature available at the international level. Most studies are financed by international agencies, and are carried out around issues that are considered significant by them at a certain point in time. Although not exhaustive, this literature review explores various ideas, perspectives and debates, The numerous definitions positions, and conclusions on human trafficking, that have evolved on particularly with regard to trafficking in vulnerable persons, mainly children. It is organised around trafficking reflect the lack of major themes that have emerged from literature a full-fledged understanding regarding the definition of trafficking, the various stages of the process of trafficking, and the anti- as well as consensus on trafficking initiatives in India, while keeping in what is meant by human mind the objectives of the research at hand. trafficking. Defining the Problem The numerous definitions that have evolved on trafficking reflect the lack of a full-fledged understanding as well as consensus on what is meant by human trafficking. The concept has evolved over decades to include many more attributes and features than what it began with. In the process, ‘….Increasingly, it has been recognised that historical characterisations of trafficking are outdated, ill-defined and non- responsive to the current realities of the movement and trade in people and to the nature and extent of the abuses inherent in and incidental to trafficking’.30 The various definitions reflect varied understandings, interpretations, emphasis, inclusion or exclusion of specific elements, and attributes of trafficking. The issues around which there are disagreements relate to those of consent and movement, purpose, relation between smuggling and illegal migration, and treatment of women and children as ‘victims’ or otherwise. The United Nations Protocol to Prevent, Suppress, and Punish Trafficking in Persons, Especially Women and Children, adopted in November 2000, which is part of the United Nations Convention against Organised Crime,31 provides the first international definition that is comprehensive and addresses concerns that were expressed by all stakeholders relating to the distinctions that should be made between trafficked persons, and the perpetrators of trafficking. This was acceptable to all stakeholders because of its overarching nature as well as its sensitivity to detail. Besides giving ‘a framework for further discussions’, it has proved to be a ‘guiding principle for a macro conceptual

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understanding on trafficking’.32 This definition has expanded the list of exploitative conditions that may result from trafficking, which was earlier confined only to prostitution. Thus, it is considered to be far more inclusive than earlier definitions. The positive aspects of this definition include elaborating on the means used, its clarity on the issue of consent (one of the most debated issues in trafficking), and the different acts in the process of trafficking. Concern, however, has been expressed that the ‘first modern definition of trafficking is being elaborated in the context of crime control, rather than with a focus on human rights’.33 It is also viewed as one which confuses a lay person.34 Thus, the debate continues post-2000, with other definitions being suggested and adopted by Coomarswamy35 and SAARC.36 A legal definition of trafficking in India was attempted for the first time by the Goa Children’s Act, 2003. Trafficking results from and leads to multidimensional forms of exploitation, wherein each dimension has its own legal and conceptual framework.37 There are multiple types of trafficking, each with a different set of circumstances, outcomes, and implications; yet they are a part of an inter-related set of changing situations, which share common characteristics, but are also as different from each other as chalk and cheese. Therefore, in researching human trafficking in particular contexts, it is critical that universal characteristics be kept in mind, while being fully aware of the existence of specific realities that change from context to context. While trafficking involves the violation of fundamental Trafficking is within human rights and freedoms, it also involves exploitation of different kinds from rural to urban and rural to rural countries as well as areas, of children, of women, men, and adolescents. across international Trafficking is also within countries as well as across borders. international borders. The multiplicity of attributes and variables involved in the trafficking process and the different perspectives on the subject is another reason for the wide variation in the suggested forms of trafficking. There is no uniform method of classifying these forms. For instance, some suggested forms are defined on the basis of differences at the place of origin; others focus on difference arising based on the destinations; some make the methods adopted by traffickers as the basis; and others use the criteria of purpose.38 (DWCD 1996; Friedman 2001: 4; HAQ Centre 2001; IDS 2003; ILO 2001: 18; Marshall 2001; Mattar 2002). However, there can be no two viewpoints on the fundamental criminal nature of human trafficking. That there are further dimensions to the problem only adds to the need for detailed research into the varieties of situations that human trafficking represents. Only such detailed research will be able to take the dialogue forward and help in defining the issues as well as developing sustainable and effective approaches to combat human trafficking.

Researches into Human Trafficking Several studies have delved into the problem of developing appropriate methodologies for studying human trafficking. It is acknowledged that on account of its criminal nature, clandestine operations, and the vulnerability of trafficked persons, it is extremely difficult to estimate the quantitative dimensions of trafficking, as well as to uncover the demand side with information that can lead to effective counter-trafficking strategies. The major problem facing researchers is the fact that most of the populations relevant for the study of human trafficking are part of a ‘hidden population’, that is, they are almost impossible access so that a sampling frame can be established and a representative sample drawn of the population.39 Research on trafficking has often been criticised for not stating at the outset the methods used to collect and analyse the data. While the volume of research into human trafficking has increased enormously given

14 STOLEN CHILDHOODS: A Study of Child Trafficking in the Kosi Region of Bihar Chapter Two What the Literature Tells Us: Gaps in the Research on Trafficking in India the political priority devoted to it by many governments and international agencies, much of this is action oriented, applied research, conducted over small samples within short time frames, based on the testimonies of survivors. There are in-built limitations in such studies in terms of making generalisations on the extent of trafficking. There has been a tendency in trafficking research to focus on supply side questions, such as the factors that contribute to trafficking in source areas, and the profile of those most at risk of being trafficked, and less on demand side questions, such as the factors in destination areas that contribute to the existence of and a market for trafficking. Both ends of the trafficking chain, as well as the process itself, need to be studied for effective responses to the crime. There is a need for developing comprehensive indicators on human trafficking, common guidelines for data gathering, and continued longitudinal research that allows for systematic collection of data on trafficking through collation of information, analysis, surveys, and their follow ups.

Research into Causes of Human Trafficking In the literature surveyed there seems to be broad agreement over the factors that lead to trafficking. However, there is uncertainty about the precise role played by these factors. While some reports view economic factors as the root causes of trafficking, others state that ‘they merely exacerbate the vulnerability of marginalised and disadvantaged groups and render them increasingly more amenable to a variety of harm.’40 However, there may be other immediate non-economic factors which lead to individuals becoming vulnerable to trafficking. Causal factors relate to the socio-economic and political contexts of people, are inter-linked, and may be divided into two categories—structural factors and personal circumstances—that influence the context.41 Understanding the cycle of trafficking can help in understanding the relative significance of particular factors leading to human trafficking outcomes, as well as the extent to which these can be generalised.

Structural Factors Structural factors are those fundamental economic, political, and social factors that create/perpetuate poverty and misery for large sections of the people. These include poverty and social discrimination that characterise societies in transition in India. Historic systems of landownership and land relations have nominally given way to more democratic systems of land distribution as well as occupations. However, on account of the class composition of the ruling class in the newly independent states of the region, made up of representatives from the landed class, combined with a modernising, educated elite drawn from the former, and the emerging national bourgeoisie, it continues to exhibit deep seated social attitudes of inequality and discrimination. As a result these countries and societies which have been characterised by a small urbanising elite continue to have deep roots in social structures based on landed patronage and caste positions. Poverty and social discrimination are both caused and perpetuated by the inequitable distribution of, as well as lack of, access to productive resources, human development opportunities, and deep seated discrimination on the basis of caste/class/gender, exploitative conditions of work, poor governance, lack of attention to the rights of migrant workers, and plight of child labour. Adopting development models that ignore the needs of large numbers of people mired in poverty give a fillip to migration and trafficking. All these structural factors create environments lacking viable options for the poor, with the accompanying pressures to survive, making peoples’ lives an ongoing battle. Some of the political factors include poor governance, limited law enforcement or implementation of labour standards, and corruption, which create vulnerabilities for the poor, especially for women and children.42 Environmental calamities may also put people at risk. Loss of traditional habitats, decline

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in the physical environment, and natural disasters, put the lives of the poor at risk leading to situations wherein traffickers can fish in the stream of (‘unsafe’sic ) migration. Concomitantly, the decline of the rural economy and associated livelihoods may lead to a decimation of rural communities through increased urbanisation and migration of the young. Heightened mobility resulting from the development of transport and communication links are contributing factors. The social consequences of the recent transformation of semi-feudal societies in India and South Asia towards late capitalism based on the growth of the service sector, lacking the historical development of capitalism with the features of a liberal western style welfare society and democracy, are still to be fully understood. A culture of consumerism, materialism, commoditisation of individuals, and commercialisation of sex is accompanying these changes, distorting individual interests and family needs.43 The desire for quick upward mobility can lead to a mindset which judges children’s worth by the amount of money they can earn, and how soon they are able to do so.44 This attitude is found among ‘sending’ households in large areas of Bihar as well as among middle class households in urban areas that are the employers of trafficked minor domestic labour.45 This leads to a justification of their exploitation by kin members. Institutionalised discrimination and social exclusion exacerbate the vulnerabilities of groups like SCs, STs, and OBCs, migrant workers, and people in refugee or displaced persons camps. The literature surveyed emphasises the fact that trafficking occurs in a wider context of increasing instances of human rights violations against women. These include the violation of their reproductive rights and the rights of female infants and foetuses to live; domestic violence and custodial violence against women, violence against women in markets and other public places; and the violation of their rights to decision making and the denial of their rights to land assets and other resources.46 Trafficking of girls for sex trade or in domestic service occurs widely, with minor girls often being sent to take up work and residence in unknown locations. Our research, however, shows that from the researched areas, unsafe migration of male children leading to trafficking was far more widespread than that of unmarried minor girls. The latter was hardly encountered.

Personal Circumstances Economic deprivation and its associated conditions are among the most important factors that make people vulnerable to trafficking. Almost all the studies and reports reviewed found that a high percentage of trafficked people belong to poor groups. Greater the degree of impoverishment and social discrimination, the higher the risk of falling prey to trafficking.47 Particular familial or individual vulnerabilities can be created or deepened through the force of change in personal circumstances. A sudden family crisis, such as death of the head of the household, sudden loss of productive assets and/or livelihoods due to natural disasters, household debt on account of health shocks, and social expenditures can exacerbate family pressures.

Spatial Location of Vulnerable Groups Vulnerable groups and their spatial or geographical locations have been analysed in relation to women and children in literature. Children of bonded labourers and those working as domestic help have been identified as those at risk.48 Trafficked child workers originate from the states of Uttar Pradesh, Bihar, Madhya Pradesh, Andhra Pradesh, Orissa, Karnataka, and Tamil Nadu. Although some among these more backward and poverty stricken states account for a large percentage of trafficked child labour,

16 STOLEN CHILDHOODS: A Study of Child Trafficking in the Kosi Region of Bihar Chapter Two What the Literature Tells Us: Gaps in the Research on Trafficking in India this may not always hold true since there are instances of growing child labour in better-off states like Punjab and Haryana also.49 Such children are at risk of being trafficked as many of them are found to have gone through unsafe migration unaccompanied by any family member. They are mostly taken to work by agents/labour contractors who may belong to the same area or be known to the family. This represents a situation of trafficking, as compared with children migrating with their families and working in destination areas along with going to school.50 What Perpetuates Trafficking?Alison Phinney puts forward the notion of a trafficking triangle, which refers to the space created by the demand, supply, and impunity with which trafficking occurs.51 With growing adult unemployment in the rural economy, the challenges that are inherent in increasing the capacity of the urban economy to absorb the surplus rural labour, which for the most part lacks the education and skills required for the growing service sector, child labour provides an easy solution. This is so at the level of the family which can put the child/children to work and earn for the family, unscrupulous employers, clients who require services of children, and traffickers who profit under all circumstances.52

Process/Organisation of Trafficking Many studies focus on the process of trafficking in order to map the stages involved, and the identity and roles of different persons engaged in the process. This is expected to help in combating trafficking and cracking down on traffickers through a better understanding of their origins and motives and the modalities of their operations. Central to the organisation of trafficking are the human beings who become highly profitable, low risk, expendable, reusable, and resalable commodities. According to Truong53 this is a reflection of the ‘ongoing, cultural decomposition of the human being through gradual removal of its spirit, personhood, and vitality down to bare body parts’. Notwithstanding the problems of conceptual clarity in the definitions of trafficking, there is broad agreement on the stages involved throughout the literature surveyed. They are listed as recruitment of people from a village or city; transportation to a designated location/transit point and; possible shift to a central location before a move to their ultimate destination. Sometimes the trafficked persons are shifted several times before they arrive at their final destination, where the ‘sale’ or transaction of allocating them to work takes place. The different elements involved in this process seem to create an impossible number of permutations and combinations. On account of this, as well as the ‘sensitive’ nature of the issue and its invisibility, most of the research on trafficking is done in the form of case studies in an attempt to reflect its variations.

Recruitment Place: Analysis of literature shows that it is critical to determine the point at which the process of trafficking starts. State and national highways, quarry and construction worksites, and areas where locals displaced without proper rehabilitation live may be sites for potential victims. Impoverished rural areas are probably the most important source of recruitment. Time: Some studies report that traffickers choose special times for recruitment. They take advantage of lean periods, either before the harvesting season or during a drought, when many locals look elsewhere for income to survive.54 Traffickers also keep themselves informed about severely impoverished areas or those which have suffered climatic, economic, or political disasters.55 They also recruit people during festivals.56 Methods: The range of tactics or strategies used varies in the South Asian region, with offers of work with education for impoverished children and offers of marriage without dowry for girls. In the context of child trafficking for labour, the inducements are in the form of promises of high wages.

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Children may be tempted with promises of better food, improved living conditions, or just the chance to see new things and get away from their families and live their own lives. Recruiters/Procurers: Recruiters can be neighbours, family friends, relatives of friends, acquaintances, women who have migrated or who have been trafficked, as well as fathers. They can be drug peddlers, head masons at construction sites, or labour contractors.57 They either use friends and acquaintances to recruit or rely on word of mouth. Terms like dalal or dalali are used to refer to traffickers.58 Characteristics of traffickers: Traffickers are usually natives and agents who travel back and forth from sending areas to receiving regions and generally have links with the villages to which the victims belong. Often, these agents may play multiple roles. For instance, those who fuel migration, with its outcome in trafficking, may often also be the people who facilitate other, less exploitative forms of migration, as in the case of refugees.59 The use of words like ‘mafia’ or the depiction of traffickers as villain outsiders do not correspond to the actual garb taken by most traffickers.60 Types of operations: People can be trafficked via organised international networks, through local trafficking rings or by occasional traffickers. Thus, traffickers may operate alone, in small gangs or as part of organised crime groups.61The last two are reportedly the dominant modes of trafficking in South Asia.

Movement/Transportation Trafficking ‘patterns and routes are often highly complex, ranging from trafficking within one country and cross-border flows between neighbouring countries to inter-continental and globalised trade’.62 Internal: Trafficking from neighbouring countries accounts for only 10 per cent of coerced migration, with approximately 2.17 per cent from Bangladesh and 2.6 per cent from Nepal.63 The share of inter- state trafficking is estimated to be around 89 per cent.64 Several studies65 provide details of internal trafficking routes in India, where centres of commercial sexual exploitation are located andthere are inter-state flesh trade triangles. These studies also identify geographical belts of exploitation; for instance, the golden triangle between Agra, Jaipur, and Delhi. Andhra Pradesh, Bihar, Karnataka, Madhya Pradesh, Rajasthan, West Bengal, Uttar Pradesh, and Maharashtra appear to be the main states from where trafficked persons are sourced. Metro cities are the most frequent destination points.

Mechanisms of Control The aim of trafficking is to transfer a person to another place for purposes of exploitation. Thus, various control mechanisms are used to ensure compliance with exploiters’ demands. Trafficked persons may be subjected to three forms of control: physical confinement; monetary control and; violence and threats. In fact, violence is an integral part of this process and is used as a means of initiation, intimidation, punishment, and control. It ‘is the tool by which slavery is achieved, the aim of slavery is profit’.66 Thus, situations and circumstances are created where trafficked people have little or no control over their bodies and lives. The children face threats of torture and physical abuse (even their families are not spared) and they may be faced with severe punishment if they do not cooperate. Attempts are made to create dependency on drugs and alcohol among the victims. Most ‘children relent within 7 to 10 days under psychological pressure’ and the other tactics used by their exploiters (Nirmala Niketan, College of Social Work 2003). The children are often in debt bondage because money is withheld as payback for the purchase price. Bales refers to this as ‘contract’ slavery which is considered extremely profitable.67

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Bonded Labour Extraction of labour on the basis of debt bondage is widely prevalent in the sectors served by trafficking. This is especially true of India. In his work on slavery, Bales estimates that the number of slaves in the world is around 27 million, of which 15 to 20 million are in India.68 Up to March 1999, 290,340 bonded labourers had been identified by state governments; of these, 243,375 had been released and rehabilitated, some 20,000 had either died or migrated to other parts, and 17,000 were in the process of being rehabilitated.69 Bonded labour is said to be prevalent in over 20 states in India. Migrant workers have been found working under conditions similar to the bonded labour system in fish processing units in Gujarat, stone quarries in Haryana, and brick kilns in Punjab.70 According to Human Rights Watch (HRW), at least 15 million children are working as virtual slaves.71 Agriculture accounts for a large part of the population of bonded child labour. They can also be in bondage working as domestic help; in export industries (silk and silk saris, beedis, silver jewellery, synthetic and precious gemstones, footwear and sporting goods, and hand-woven wool carpets); and in services like small restaurants, truck and tea shops. Other instances of children in forced labour are found in prostitution, begging, selling drugs, and petty crime. Trafficking of children is specifically reported from the carpet industry.72

Impact of Trafficking The impact of being trafficked on the physical and mental health of the victims has not been properly documented and analysed. Reports about the consequences vary, depending on whether the end purpose is included in the adopted definition of trafficking. Thus, some studies include instances of human rights violations that occur at the destination; others do not. Trafficking has health, socio-legal, and economic effects on the victims.73

Impact on the Individual Depression and suicidal thoughts are commonly reported among trafficked persons. The mental and emotional state of the survivors may include malevolence, helplessness and withdrawal; disassociation; self-blame and identification with the aggressor; distraction; a foreshortened view of time and; normalisation and shaping, whereby the trafficked persons convince themselves that their experiences had to happen instead of viewing them as traumatic. The consequences of being ‘trafficked child labour’ and its adverse impact on the development of children are well documented. It is well-established that trafficked children may turn agents and middlemen recruiting child labour from rural areas for employment as they grow older. There is an integral connection between HIV/AIDS, gender, and trafficking.74 The victims of trafficking are compelled to lead illegal lives. Besides being stigmatised as outcasts and facing moral and legal isolation,75 trafficked children are vulnerable to HIV/AIDS infection; drug addiction; and high-risk abortions and teenage pregnancies, which may affect their reproductive health for life. Psychological trauma permeates all aspects of their lives. Since this trauma usually remains unaddressed and unresolved, ‘the abused turn into abusers’ with a high probability of them becoming criminals.76

Impact on Society The crime of trafficking involves the violation of a gamut of laws and human rights. It becomes a threat to society because traffickers operate across large areas both inside and outside national borders with impunity, with the growing involvement of organised gangs, and with the connivance of law enforcement agencies. It manifests and perpetuates patriarchal attitudes and behaviour which undermine the efforts to promote gender equality and eradicate discrimination against women and

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children.77 In a lot of research, parents’ fears regarding sending their daughters to school are well- documented, as they worry that their daughters may be kidnapped and trafficked. Once trafficked, it is almost impossible for poor parents to try to locate their children. In the context of cross-border trafficking, it is often stated that once children cross the borders, it is extremely difficult to get them back. The same can be said about child trafficking in India; once the children leave the village, particularly as the parents are often not fully aware as to where they are headed, it is very difficult to trace them unless the children are able to get in touch with their families. A study by the Asian Development Bank (ADB) notes that the cost of countering criminal trafficking activities puts additional strain on the already limited government resources for law enforcement. A vast amount of potential income from trafficked labour is lost in ‘hidden’ sectors.78

Magnitude of Trafficking A major issue in all research on human trafficking worldwide is the lack of reliable quantitative data collected through longitudinal research, which can be compared and used to arrive at reliable estimates. This hampers the development of suitable strategies. There are very limited studies that are based on extensive field work in either origin or destination areas that can be compared. Then again, longitudinal studies are conspicuous by their rarity. For instance, there are comparatively few researches that look into the origins of trafficked persons, their circumstances before, during and after trafficking, the possibility of survivors being able to become viable once they are ‘rescued’ and rehabilitated. Among the most quoted figures are the United Nations’ estimates that ‘4 million people a year are traded against their will to work in some form of slavery, many of them children’. The UN also believes that ‘in the last 30 years, trafficking in women and children for sexual exploitation in Asia alone has victimised more than 30 million people’.79 The US State Department estimates that the size of the trafficked population worldwide is 800,000 to 900,000 annually.80

Indian Estimates Calculations of trafficked people are generally made with reference to commercial sexual exploitation. In India, the stigma attached to prostitution and the clandestine nature of operations makes it doubly difficult to arrive at authentic numbers.81 To give a sense of the total magnitude of the problem in India, estimates of adult and child sex workers are quoted. All minors in commercial sex work are generally classified as cases of trafficking. The figures quoted show a high degree of discrepancy, and the possibility of ascertaining the authenticity of the quoted figures is almost nil. The original sources, or how these figures have been arrived at, are rarely stated. Around 30 to 90 per cent of women and girls are under 18 at the time of entry into prostitution.82 The population of women and children in sex work in India is stated to be between 70,000 and 1 million. Of these, 30 per cent are 20 years of age. Nearly 15 per cent began sex work when they were below 15, and 25 per cent entered between 15 and 18 years.83 According to the National Crime Records Bureau (NCRB) data, in 1999 there were 9,368 cases of trafficked women and children in India. Reported crimes against women were the highest in Tamil Nadu (10.5 per cent). The total number of cases of kidnapping and abduction registered in 1999 was 15,956. However, NCRB data suggests that there was a decrease in human trafficking in India. ‘...The crime under human trafficking during the year 2007 decreased by 19.8 per cent over 2006 and 30.1 per cent over 2003’.84 This is very difficult to accept given all the difficulties of arriving at consistent time series data on trafficking which can be compared for purposes of analysis of trends. Another problem is that the NCRB data pertains to reported instances of trafficking whereas for most of the time, child trafficking is likely to go unreported.

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Difficulties in Studying Trafficking The relative lack of information and quantitative data on trafficking stems from the various dimensions of the problem, which make accurate assessments difficult. The demand side, especially for trafficked child labour is difficult to track, and has the power and resources to remain anonymous. The traffickers’ activities are clandestine, and this is ensured by the low visibility of the entire process of exploitation of children, and the trafficked persons’ fear of their exploiters and the police. All these factors ensure that few details are revealed. Then again, the collusion of parents and guardians in the trafficking process creates further problems for researchers trying to identify the dimensions of trafficking, as well as the identity of traffickers. Thus, researchers find it difficult to locate sources and face non- cooperation from most of the entities involved.85 This probably explains why a majority of the studies have very small sample sizes. Their emphasis on qualitative rather than quantitative data limits the emergence of patterns and trends. Reliable research methodologies need to be evolved to study a complex phenomenon such as this. To date, the only study to be conducted on trafficking at an all-India level based on field research is by Rozario.86 Many reports use news stories, law enforcement agencies, and anti-trafficking programmes as their sources of information, which influence the conclusions that they arrive at. As Blanchet observes, ‘studies on the trafficking in women carried out from such establishments (rehabilitation homes) do not adequately represent the life path of most ‘trafficked’ women.’87 The complexity of the cases makes it difficult to apply standard definitions to specific instances. Trafficking ‘stories are difficult to squeeze in[to] little boxes’.88 In the context of slavery, Bales notes that ‘people are inventive and flexible, and the permutations of human violence and exploitation are infinite’.89 This is equally applicable to the issue of trafficking.

Approaches to Trafficking The multifaceted nature of trafficking is also reflected in the different approaches that have been adopted to understand and combat trafficking. They represent the intersecting points between trafficking and other phenomena occurring at various junctures of the trafficking process. Most of the approaches have overlapping elements. For instance, an approach would generally bring a gender or labour perspective to the problem. At the same time, the problem would also be discussed within the framework of human rights. This is the most inclusive, covering the maximum range of issues raised by trafficking. Sanghera states that in South Asia, trafficking is addressed as a problem of crime and violence against women, exploitation of children and child labour, or within a sociological framework.90 Only recently have attempts started viewing it from a human rights perspective. Trafficking may be approached as an issue of labour, crime, migration, human rights, development, children’s rights, or gender.91

Response to Trafficking The broad areas of intervention in trafficking have been laid down in the UN protocol as prevention, protection, and assistance. The report of the United Nations High Commissioner goes on to recommend principles and guidelines under these very broad divisions.92 Most reports on trafficking devote more than half the space to interventions and recommendations. The two broad areas under

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which these are covered are the criminal justice system and social welfare policies.93 The former includes national laws and international instruments that are relevant to trafficking. Usually, the role of the implementation agencies and the policies and programmes of the government and non-government agencies are discussed. Two studies sponsored by UNICEF have as their main objectives the assessment of rescue and rehabilitation measures and facilities. One of them is an all-India study, which looks at government rehabilitation institutions for trafficked people in all the 35 states and Union Territories (UTs). The ‘four primary reasons for inappropriate or inadequate responses’ to trafficking are, denial of the problem, objectification of the victims and failure to consider their human rights, conflation of trafficking with undocumented migration, and an improper definition of the crime.94

Gaps in the Literature95 Most of the reports are on trafficking for commercial sexual exploitation, which is a reflection of the gaps in general understanding, and of the association of human trafficking and commercial sexual exploitation. The issues in the literature on trafficking echo the debates and concerns about commercial sexual exploitation. Generally, the studies that focus on children often club women and children together. Those focusing on women are few, and any including men are non-existent. There need to be more studies on trafficking particularly of children for labour. Numerous studies on child labour and labour exploitation fail to focus on children’s recruitment and exploitation, and ignore the simple fact that child labour is illegal, and migrant child workers are deemed trafficked by the fact that they have been brought away from their homes with the involvement of third parties for express purposes of exploiting their labour, because of their vulnerability as children. The gaps in the research which we have identified earlier emphasise the urgency to develop and fine tune methodological aspects, such as theoretical constructs, methodological aspects, research priorities, techniques and tools, and methods for collecting data on trafficking. One of the major gaps is the lack of studies on trafficking in India based on primary data. There has been no systematic attempt to

22 STOLEN CHILDHOODS: A Study of Child Trafficking in the Kosi Region of Bihar Chapter Two What the Literature Tells Us: Gaps in the Research on Trafficking in India gather information in an innovative manner at any significant level. Much of the data that is based on news reports differs only in the incidents reported from various regions. The information available is in bits and pieces, thereby reducing its value and undermining the efforts to combat trafficking. There is a need to organise, collate, and analyse the available information and knowledge. Even with the available database, an analysis of the various dimensions of trafficking is possible, but most studies fail to doso. There is a need to In the absence of an in-depth analysis of the issues and aspects involved, they have failed to arrive at a realistic organise, collate, and picture of the scope of the trafficking problem, what analyse the available sustains it, and why it occurs. The varied dimensions and information and aspects of trafficking and their inter-relationships need to be examined at length instead of being accorded superficial knowledge. treatment, be it trafficking and migration or trafficking and organised crime. In the Indian context, the prevalence of entrenched attitudes that are accepting of social discrimination based on caste and gender and of child labour as given, needs to be studied in the context of child trafficking and child labour. Nor is there enough knowledge about traffickers, their networks, and organisations. There is insufficient information about the role of various players in the trafficking networks. The characteristics of traffickers, including their socio-economic profiles, have not been studied in detail. Nor has the organised nature of trafficking, where the power equations are against the victim been dealt with adequately. The presence of traffickers within communities where vulnerable children originate and their proximity to households, are aspects that need to be studied in-depth, using both quantitative and qualitative research methods. A serious issue in research relates to the relative neglect of the demand (patterns and trends) side of trafficking. While there are references to the nexus between politicians and the police force in media reports, there are no studies to corroborate these reports. There is no systematic analysis of efforts, however meagre, made by law enforcement agencies regarding the effectiveness of such efforts. Preventive programmes focusing on the supply side of child trafficking have not been critically analysed in terms of their impact—whether and to what extent the programmes address the felt needs of potential victims. Long-term records of children who have been rescued are not available. Not much is also known about re-trafficking.

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End Notes 30 United Nations 2000: Integration of the Human rights of Women and Gender perspectives: Violence against Women: p. 8. 31 United Nations 2000: Protocol to prevent, suppress and punish trafficking in person especially women and children, Supplementing the UN convention against transitional crime. 32 United Nations Fund for Women (UNIFEM). 2003: Information Dossier on Human Trafficking, Commemorating Beijing, Fourth South Asia Regional Meeting, Bhutan, 19-21 May. 33 UN 2000: Ibid: p.7. 34 United Nations Children’s Fund (UNICEF). 2001: ‘Brainstorming meeting on child trafficking and prostitution’, Lucknow. Westwood, David. n.d.: ‘Child trafficking in Asia’, World Vision Briefing Paper, World Vision. 35 United Nations. 2001: ‘Integration of the Human Rights of Women and the Gender Perspective: Violence against Women’, Report of the Special Rapporteur on violence against women: Mission to Bangladesh, Nepal and India on the issue of trafficking of women and girls. 36 SAARC. 2000: Convention on preventing and combating trafficking of women and children into prostitution. 37 United Nations Economic and Social Commission for Asia Pacific (UNESCAP). 2003: Combating human trafficking in Asia: A resource guide to international and regional legal instruments, political commitments and recommended practices. New York. 38 Department of Women and Child Development (DWCD) and UNICEF. 1996: A report on the six regional workshops on sexual exploitation and trafficking of children. New Delhi, DWCD, MHRD, Government of India; Friedman, Matt. 2001: Human trafficking: Some inconsistencies with the sections present definitions and paradigm; Nepal, Technical Consultative Meeting on Anti-trafficking Programs in South Asia; HAQ Centre for Child Rights. September 2001: Child trafficking in India. New Delhi; ILO. 2001: ‘A perspective plan to eliminate forced labour in India’. Working Paper. Geneva; Marshall, Phil. 2001: ‘Globalisation, migration and trafficking : Some thoughts from the South east Asian region’, Occasional Paper No. 1, Kuala Lumpur: UN Inter Agency Project on Trafficking in Women and Children; Mattar, Mohamed. 2002: ‘Comparative analysis of the elements of anti-trafficking legislation in the Asia-Pacific-U.S. region’, Conference on The Human Rights Challenge of Globalization in Asia- Pacific-US: The Trafficking in Persons, Especially Women and Children, 13-15 November, Honolulu, Hawaii. 39 IOM. 2003: Labour Migration in Asia: Trends, Challenges and Policy Responses in Countries of Origin. Geneva. 40 Sanghera, Jyoti. 2002: ‘Trafficking of children and women in India: Thinking Through, Thinking Beyond-A Critical Framework of Analysis,’ UNICEF unpublished report; Asian Development Bank (ADB): Combating Trafficking of Women and Children in South Asia, India report, Manila. 41 Raymond, Jancie et al. 2002: A Comparative Study of Women trafficked in the Migration Process. CATW International; DePaul University and OAS. 2002: ‘Sex Trafficking in the Americas’, International Human Rights Law Institute, DePaul University. 42 ADB. 2002: op cit: p.9. 43 National Commission for Women (NCW). 1997: Study Report on Sexual Abuse of Children in Goa. New Delhi; Raymond et al. 2002: op cit. 44 ISS. 2003: Review of literature for ARTWAC: Karnataka. Bangalore, Institute of Social Sciences; ADB. 2009: Mitra, Manoshi, ‘Paper prepared for TA on Combating Unsafe Migration and Trafficking of Women and Children in the Greater Mekong Sub Region’, Manila. 45 Research conversations of the author with respondents in Araria and Purnea, Patna and Delhi. 46 Warburton and Maria Teresa. 1996: ‘A Right to Happiness—Approaches to the Prevention & Psycho-Social Recovery of Child Victims of Commercial Sexual Exploitation’, NGO Group for the Convention on the Rights of the Child: pp. 15–21 and 151– 164; Sanghera, Jyoti. 1999: Trafficking of Women and Children in South Asia: A review of anti trafficking initiatives in Nepal, Bangladesh and India; India: UNICEF Regional Office and Save the Children Alliance; Karmakar, Sumati. 2001: Red light area: Social environment of Sex Workers. New Delhi, Dominant Publishers and Distributors; ADB. 2002: op cit; Raymond et al. 2002: op cit. 47 Ibid.

24 STOLEN CHILDHOODS: A Study of Child Trafficking in the Kosi Region of Bihar Chapter Two What the Literature Tells Us: Gaps in the Research on Trafficking in India

48 Department of Women and Child Development (DWCD) and UNICEF. 1996: A report on the six regional workshops on sexual exploitation and trafficking of children. New Delhi, Government of India. 49 NHRW report: op cit. 50 Prayas 2002: Issues and concerns of trafficking in women and children. 50 Prayas National Study on Child Labour. New Delhi. 51 Phinney, Alison. 2001: Trafficking of Women and Children for Sexual Exploitation in the Americas. Washington DC, Inter American Commission of Women (Organization of American States), Women, Health and Development Program (Pan American Health Organization) and World Health Organization. 52 Ibid. 53 Truong, Thanh-Dam. 2002: ‘The human rights question in the global sex trade’, in K. Arts and P. Mihyo (ed.), Responding to the human rights deficit: Essays in honour of Bas de Gaay Fortman. Kluwer Law International. 54 HRW. 1995: op cit. 55 Johnston and Khan. (ed.) 1998: ‘Trafficking in persons in South Asia’—Final report of a workshop with participants from Bangladesh, Sri Lanka, India, Nepal, Pakistan and Canada. New Delhi, Shastri Indo-Canadian Institute: p. 53; ISS. 2003: ‘Review of literature for ARTWAC: West Bengal’, Kolkata, Institute of Social Sciences. 56 ISS. 2003: ‘Review of literature for ARTWAC: Tamil Nadu’, Chennai: Institute of Social Sciences. 57 ISS. 2003: ‘Review of literature for ARTWAC: Karnataka’, Bangalore, Institute of Social Sciences. 58 Nirmala Niketan, College of Social Work. 2003: ‘Review of literature for ARTWAC: Maharashtra’, College of Social Work, Mumbai, Maharashtra; Gupta, G. R. 2003: ‘Review of Literature for ARTWAC’, New Delhi, Institute of Social Sciences. 59 Tumlin. Karen C. 2000: Trafficking in Children in Asia: a Regional Overview. Bangkok, Institute for Asian Studies, Chulalongkorn University. 60 Blanchet, Thérèse. 2002: Beyond boundaries: A Critical look at Women Labor Migration and the Trafficking Within. Dhaka, USAID. 61 Richard. Amy O’Neill. 1999: ‘International trafficking in women: A contemporary manifestation of slavery’; Kelly. 2001: ‘Icduygu and Organized crime’, Paper presented at International Conference on Strategies of the EU and the US in combating international drug crime, Ghent, Center for the Study of Intelligence, CIA; Kelly, Liz and Regan, Linda. 2000: ‘Stopping traffic: Exploring the extent of, and responses to, trafficking in women for sexual exploitation in the UK’, London: Police Research Services, Home Office; Icduygu, Ahmet and Sule, Toktas. 2002: ‘How do smuggling and trafficking operate via irregular border crossings in the Middle East?’ International Migration, 40(6): 25-52. 62 Rozario, S.R. et al. 1988: Trafficking in Women and Children in India. New Delhi. 63 Ibid. 64 Ibid. 65 Ibid. Rozario (1988), Gathia (1999), Mukherjee (1997), CSWB (1991), SAP (2001), and Haq (2000). 66 Bales. Kevin. 1999: Disposable people: New slavery in the global economy. California, University of California Press: p. 246. 67 Ibid: p.18. 68 Op cit: pp.8-9. 69 ILO. 2002: Stopping Forced Labour. Geneva. 70 ILO. 2001: ‘A perspective plan to eliminate forced labour in India’. Working Paper. Geneva. 71 HRW. 1996: Small hands of slavery. New York, Human Rights Watch. 71 HRW. 1996. 72 HRW. 1996: op cit; HRW. 2003: Small change: Bonded child labor in India’s silk industry. New York, Human Rights Watch: 6. 73 Wennerholm, Caroline Johansson. 2002: ‘Crossing borders and building bridges: The Baltic region networking project’, Gender and Development, 10 (1): 10-19. Oxfam publication. 74 UNDP. 2002: op cit. 75 Giri, M. 1999: p. 69. 76 Ibid. 77 Ibid: p. 45. 78 ADB, op cit: p. 46.

STOLEN CHILDHOODS: 25 A Study of Child Trafficking in the Kosi Region of Bihar Chapter Two What the Literature Tells Us: Gaps in the Research on Trafficking in India

79 Westwood, David. n.d. ‘Child Trafficking in Asia’, World Vision Briefing Paper: World Vision Westwood. 80 US State Department. 2004: Trafficking in Persons Report, Office to Monitor and Combat Trafficking in Persons, available at: www.state/gov/g/tiprpt/2004. 81 Westwood, David. N.d. ‘Child trafficking in Asia’, World Vision Briefing Paper: World Vision; Gupta 2003: op cit. 82 Mukherjee, K.K and Deepa Das. 1996: Prostitution in Six Metropolitan Cities of India. New Delhi, Central Social Welfare Board; UNICEF. 1994: op cit: p. 10; YMCA. 1995: p.10; Gathia, Joseph. 1999: Child prostitution in India. New Delhi: Concept Publishing Company; Gathia, Joseph. 2003: Asia me Deh Vyapar. Delhi Concept Publication. 83 Mukherjee and Das, op cit. 84 National Crime Record Bureau (NCRB). Crimes in India 1997, 1998, 1999, 2000, 2001 & 2002, 2008. Delhi: NCRB, Ministry of Home Affairs, Government of India. 85 Phinney. 2001: op cit. p. 3; Blanchet. 2002: op cit; Pandey, Jena and Mohanty. 2002; DWCD. 1998: op cit. 86 Rosario, L. et al. 1998: Trafficking in Women and Children in India. New Delhi: Uppal Publishing House. 87 Blanchet, op cit. 88 Blanchet. 2002. 89 Bales, op cit: p. 19. 90 Sanghera. 1997: op cit: p. 27. 91 Derks, Annouska. 2000: Combating Trafficking in South Asia: A review of Policy and Program Responses: International Organisation of Migration (IOM); Wijers. 2002. 92 UNESCAP. 2002: op cit. 93 United Nations 2001: op cit. 94 Jordon, Ann. 2002: The Annotated Guide to the complete UN Trafficking Protocol. Washington: International Human Rights Law Group. 95 This section draws substantially from Nair P.M., A Report on Trafficking in Women and Children in India 2002-03 Vol. I, Institute of Social Sciences, National Human Rights Commission and UNIFEM, New Delhi: pp. 29-32.

26 STOLEN CHILDHOODS: A Study of Child Trafficking in the Kosi Region of Bihar Chapter Three Socio-Economic Background of Child Trafficking in Study Districts and Villages

Introduction: The Economy of Bihar Bihar in its present dimensions was created in 2000 when it was bifurcated into the two states of Jharkhand and present day Bihar. It has 38 districts and the economy of the state is dominated by four factors. Firstly, the river Ganga passes through the state providing it with a rich source of alluvial soil deposits and water for irrigation. Along with its many tributaries, the Ganga is also a potent source of hydro power for the state. However, when untamed, the same waters lead to floods wreaking havoc in northern Bihar, putting the survival of millions, particularly the rural poor at considerable risk. Secondly, after the bifurcation of the state, Bihar lost all its access to mineral resources as well as sources of power and forest produce. This has had serious implications for its capacity to generate revenue and its ability to finance development programmes. Thirdly, the pressure on the soil is extremely high. Bihar’s population growth rates in recent times (1991-2001) was higher than the national average. As a result, while it got 54 per cent of the geographical area of the undivided state, it got 75 per cent of the population. Lastly, per capita incomes are very low, at Rs 4,053 per annum as compared to Rs 13,332 at the all-India level (2003-04).96 All these facts have significant bearings on the survival strategies adopted by the poor, and the effects on the lives and future of children, particularly in north Bihar. Table 3.1 illustrates the overall underdevelopment and poverty in the state.

Table 3.1: Income, Population, and Basic Development Indicators (Bihar and all-India) Variables Triennium Average Development Gaps Per capita Income (NSDP) Bihar All-India Bihar/All-India in Rs (1993-94 prices) (Percentage) 1993-94 3,326 8,769 37.93 2000-01 3,852 11,762 32.75 2003-04 4,053 13,339 30.40 Per Capita Income changes 2004 minus 1994 729 4,563 - 2006 minus 1994 657 - - Urban Population ( per cent) 1991 10.4 25.7 -15.30 2001 10.47 27.78 -17.31 Population Density/ sq.km. 1991 685 267 257 2001 880 324 272 Per capita power consumption 1998 54.9 334.3 16.4 2005 74.5 335.0 12.3 Source: Food Security Atlas of Bihar; IHD, World Food Programme 2009.

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Bihar is a predominantly agrarian economy with a small manufacturing base. The share of services increased from 41 per cent to nearly 50 per cent of GSDP, which is roughly the same as the Indian overall average. While the share of agriculture has declined, it is still very large. According to NSS, nearly 40 per cent of the workforce was engaged in agricultural labour (1999-2000) down from 42 per cent in the previous round. Cultivation and farm labour together account for 80 per cent of the employment. Crop productivity for most cereals has been below all-India levels. Reasons for the large gap in yield include low investment rates, lack of water management with annual flooding of the Gangetic plain, weak transport and marketing infrastructure, as well as severe fragmentation of landholdings; 31 districts are flood prone and 11 are drought prone. Only 5 districts are not prone to floods or droughts.

Poverty Poverty is predominantly rural in nature in Bihar and is associated with limited access to land and livestock, poor education and healthcare, as well as low-paid occupations and low social status. NSS data show that 75 per cent of the poor were landless or near landless in 1999-2000. Although land reforms were introduced in 1950 they have been slow and ineffective. Predictably enough, poverty is found to be the highest among SCs (64.2 per cent), followed by STs (56.2 per cent), OBCs (38.5 per cent), with others having a poverty level of 26.4 per cent. The rural poor are households which are functionally landless and tend to depend on agricultural wages or casual non-farm jobs for a living. The poor households are concentrated in agricultural labour (49.8 per cent and 41.5 per cent in Bihar and rural India respectively), followed by the self-employed in agriculture and then non-agricultural poor households. In northern Bihar, the highest percentage of the poor is found among OBCs (56.1 per cent), followed by SCs (31.9 per cent), and then by others and STs. In occupational groups among the poor, agricultural labour households and self-employed agricultural households with marginal holdings are almost equally represented (33.4 and 33.5 per cent respectively). Sixty per cent of smallest size cultivating households is from poor rural households. North Bihar is significantly poorer than the southern parts of the state. Regional variations are in part explained by structural factors, such as ecology, population density, infrastructure, and transport. Belonging to a SC or ST or being female or landless significantly increases the risk of being poor. SCs and STs are likely to be three times poorer than other castes. They are also three times more likely to be landless, and their status on these two counts has remained virtually unchanged since 1993-94. They are deprived on various counts: only 2.9 per cent of the ST and 4.9 per cent of the SC households had access to electricity, compared to over 14 per cent in the case of other households. Muslims do not do very well either. A study by Patna-based Asian Development Research Institute (ADRI) on the socio- economic status of Muslims found that 49.5 per cent of the rural Muslims and 44.8 per cent of the urban Muslims lived below the poverty line.97 With regard to human development, it is essential to look at some of the indicators as they have a direct bearing on any analysis of the capacity of the rural poor to develop coherent strategies to benefit from opportunities. Poverty levels in Bihar are much higher than the all-India level. What is remarkable even within this is the extent of differences with regard to rural poverty as compared to urban poverty. Table 3.2 provides trends for rural and urban poverty for Bihar as well as at the all-India level.

28 STOLEN CHILDHOODS: A Study of Child Trafficking in the Kosi Region of Bihar Chapter Three Socio-Economic Background of Child Trafficking in Study Districts and Villages

Table 3.2: Poverty and Human Development Indicators Development Gaps (Bihar per Variables Year Bihar All-India cent–All-India (per cent) Rural Poverty (per cent) 1993-94 56.60 37.27 19.33 Urban poverty (per cent) 1993-94 40.73 32.36 8.37 Rural poverty (per cent) 2004-05 42.10 28.30 13.80 Urban poverty (per cent) 2004-05 34.60 25.70 8.90 Rural poverty change 2004-05 -14.50 -6.97 minus 1993-94 Urban poverty change 2004-05 -6.13 -6.60 minus 1993-94 Literacy (per cent) 1991 34.70 52.2 -17.50 2001 33.60 65.4 -17.90 Female Literacy (per cent) 1991 22.00 39.3 -17.30 2001 33.60 54.2 -20.60 Infant Mortality 2001 62.00 68 -6.00 2005-06 61.70 57.0 4.70 Life Expectancy 1992-96 54.40 60.7 -6.30 1998-02 60.80 61.6 -0.80 Rural population with access to 2000 68.50 72.3 -3.80 safe drinking water (per cent) Source: IHD 2007.

Most pertinently, figures for female literacy, which in our study are being used as a proxy indicator for poverty, underdevelopment, and proneness towards child trafficking, show that Bihar lags behind at 33.6 per cent as compared to 54.2 per cent for India as a whole. Literacy levels are lower in northern Bihar (53.4 per cent) than in southern Bihar (61.6 per cent). The figures are telling if one looks at the literacy levels among the poor in both the zones, with the rural poor in north Bihar having a literacy level of 38.9 per cent as compared to southern Bihar where the comparative figure is 49.8 per cent. This shows the comparative lack of capacity among north Bihar’s rural poor to raise their literacy levels. Bihar is far behind if one takes into consideration all other indicators of development, physical infrastructure, sectors of the economy, their growth performance, the role of the agricultural sector, and health and nutritional status. With regard to the sectoral composition of the economy of the state, what stands out is its considerable dependence on the agriculture-based primary sector. In 2005-06 agriculture contributed 38.43 per cent to the Gross State Domestic Product (GSDP), with the secondary and tertiary sectors making up12.25 per cent and 49.33 per cent respectively. When compared with all-India averages these figures are interesting as they shed light on the levels of development. The agriculture-related primary sector only provided 22.66 per cent of the GDP for India whereas the tertiary sector provided 52.05 per cent of GDP in 2005-06.98 The importance of agriculture for purposes of employment becomes evident from the fact that it employed 70 per cent of the workforce in 2005. However, obstacles in the way of optimising resources relate to: i) the overwhelming presence of marginal holdings with only 0.6 ha average holding size as compared with the national average of 1.06 ha. (IHD 2007), ii) lack of infrastructure for irrigation for rain fed areas, iii) high levels of population dependent upon agriculture; and iv) lack of diversification in cropping.99

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Bihar also suffers from high malnutrition levels which are related to poor access to food, particularly among the rural poor. As per the National Family and Health Survey III (2005-06), Bihar had 55.6 per cent stunted children as compared to 48 per cent in India. There were 27.1 per cent children suffering from wasting in Bihar, whereas in India on average this figure was 19.8 per cent. In terms of weight for age (underweight), 55.9 per cent of the children were found to be underweight as compared to 42.5 per cent in the country as a whole.100 Our study was based in the Kosi region of North East Bihar, which is regarded as one of the most difficult areas with regard to poverty alleviation. The Kosi River originates in Nepal and passes through most of north eastern Bihar. North East Bihar has remained one of the poorest areas in the state as well as in India. It consists of alluvial plains and comprises the districts of Purnea, Katihar, Saharsa, Supaul, Araria, Kishanganj, Madhepura, and Khagaria covering 11.96 per cent (20797.4 sq. km.) of the total geographical area of Bihar. The average annual rainfall in this region is 1,382.2 mm. This region, the alluvial plains of Kosi, Mahananda and its tributaries, and Ganga (a narrow strip in the south) is slightly undulating and has a rolling landscape mixed with long stretches of nearly flat landscape. The area is full of streams with abandoned or dead channels of the river Kosi. Its frequent and sudden change of course has left small lakes and shallow marshes. In the south, in between the natural levees of the Ganga on the one hand and Kosi and Mahananda on the other, there are vast areas which remain waterlogged over a considerable part of the year.

Demography of the Study Area According to a recent survey by the Rajiv Gandhi Foundation, out of the 100 poorest districts in India, 26 are in Bihar. Our two study districts of Araria and Khagaria are included in this list. As Table 3.3 shows, the presence of SCs is almost equal to the state average in these districts (15.3 per cent of the SC population in rural Araria and 14.9 in rural Khagaria). STs are almost negligible in these districts. The overall literacy rates at 33.2 and 39.5 per cent respectively for rural Araria and Khagaria fall behind the Bihar average of 43.9 per cent. While male literacy rates for rural Araria stand at 44.7 per cent and for Khagaria at 50.1 per cent, those for female literacy are way behind, at 20.4 per cent for rural Araria and 27.3 per cent for rural Khagaria. These are lower than the Bihar average of 29.6 per cent. Although overall school enrolment rates have increased for the state as a whole in recent times, and state government interventions to encourage and support girls’ education are being received well, the gap that exists is so big that it will take considerable time, resources, and directed efforts to bridge it, particularly for the overall literacy and education gap, and for gaps in female education in particular.

Table 3.3: Demographic Profile of the Districts

Family Per cent Literacy Area District Sex Ratio size SC/ST Male Female Total Araria 5.1 917 15.3 44.7 20.4 33.2 Rural Khagaria 5.7 888 14.9 50.1 27.3 39.5 Bihar 6.0 926 17.4 57.1 29.6 43.9 Araria 6.0 867 9.9 69.8 51.5 61.4 Urban Khagaria 6.3 842 7.3 77.1 60.9 69.8 Bihar 6.5 868 10.5 79.9 62.6 71.9 Araria 5.2 913 15.0 46.4 22.4 35.0 Total Khagaria 5.7 885 14.5 51.8 29.3 41.3 Bihar 6.0 919 16.6 59.7 33.1 47.0 Source: Census of India 2001.

30 STOLEN CHILDHOODS: A Study of Child Trafficking in the Kosi Region of Bihar Chapter Three Socio-Economic Background of Child Trafficking in Study Districts and Villages

Landholdings, Employment, and Survival The overall economic situation in Bihar, particularly in the countryside adjoining the Kosi River and its tributaries, shows an abysmal lack of attention to basics on the part of the state. With lack of industrial development or even agro-processing activities, there is a big employment gap, evident in high levels of underemployment as well as unemployment and dependence on agriculture. There is lack of investment in infrastructure and in social services for human development without which people cannot develop. Livelihoods are thus restricted only to agriculture and a few agriculture- based activities. Land emerges as the fundamental resource required for survival and subsistence but land itself is in short supply. According to the Bihar Land Reforms Commission appointed by the state government in 2006 to examine current problems as well as solutions to the issue of land and land reforms, land relations in Bihar are exploitative and highly extortionate even now. After the abolition of the zamindari system, the government did not put in place clear legal rights of the tillers, thereby leaving the peasantry to the rich peasants who benefited from the dissolution of landed estates. Landlessness in Bihar is increasing, and the landless are the poorest in the state. In 2000, 75 per cent of the rural poor were landless. Those with marginal or near marginal landholdings were almost 60 per cent of the total poor in the state. Based on the NSSO survey report (2003: 491) the Bihar Land Reforms Commission noted that while marginal and small farmers constituted roughly 96.5 per cent of the total landowning community, they owned about 66 per cent of the total land. Medium and large farmers constituted only 3.5 per cent of the landowning community but owned roughly 33 per cent of the total land. In particular, while farmers with large landholdings only constituted 0.1 per cent of the total landowning community, they owned 4.63 per cent of the total land area.101 The failure of land ceiling laws in Bihar is well known. In Araria, approximately 13,770 acres of ceiling surplus land was available for distribution to the landless, while in Khagaria approximately 4,600 acres was available.102 Given these facts along with the widespread practice of sharecropping in the state as a whole, and also in the area under study, it comes as no surprise that landless and near - landless households constitute a bulk of the rural poor. In Bihar as a whole 12 per cent of the population is landless and it has a poverty ratio of 53.50 per cent.103 While landlessness as such is not an indicator of poverty, on account of the utter lack of development of the other sectors of the economy, and the dependence of the population on agriculture for survival in Bihar it is.104 Particular features of the agrarian system of the Kosi area are extreme concentration of landownership, absentee landlordism, widespread sharecropping with insecurity of tenure, rack renting, as well as a multitudinous population of landless agricultural labourers eking out a precarious existence under semi-feudal relations of production.105 The situation has gotten worse with population growth, fragmentation of holdings, low agricultural wages, and low productivity. Unsafe migration of children resulting in trafficking is closely linked to prevailing poverty without viable livelihoods. Child trafficking is found to be closely linked to landlessness and lack of viable livelihoods.

Profile of the Two Districts a) Araria Araria, which was earlier a sub-division of Purnia, became a full-fledged district on 14 January 1990, after the division of Purnia into the three districts of Purnia, Araria, and Kishanganj. This district now has two sub-divisions of Araria and Forbesganj and nine blocks—Araria, Bhargama, Forbesganj, Kursakatta, Jokihat, Palasi, Raniganj, Narpatganj, and Sikti.

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Table 3.4: Demographic Profile of the Areas under Study in Araria Rural Rural SC ST Tehsil Hindu Muslim Population per cent per cent per cent Narpatganj 270,128 100.0 16.2 1.4 72.8 27.0 Forbesganj 302,443 80.9 17.2 1.6 64.1 35.7 Bhargama 180,457 100.0 19.0 1.4 77.3 22.4 Kursakatta 115,667 100.0 13.1 0.3 77.3 22.5 Palasi 190,241 100.0 8.8 0.6 53.1 46.8 Source: Census 2001(Village Level Directory). Araria district is located in the north eastern part of Bihar and covers an area of 2,830 sq. km. The district is primarily rural and agrarian. Approximately 82 per cent of its population lives in rural areas, and is mostly dependent on agriculture. Muslims constitute 41.4 per cent of the total population. Indicators of poverty abound with high overall levels of illiteracy and lack of education. Rural illiteracy is particularly high and female illiteracy is higher at almost 80 per cent overall. Only one out of five women is literate, one of the lowest figures in India. The sex ratio at 917 is lower than the state and the all-India averages. The blocks in which our study villages are located include Bhargama, Narpatganj, Kursakatta, Forbesganj, Palasi, and Raniganj. Table 3.4 gives the demographic profile of these areas. Block-wise literacy rates are given in Table 3.5. Work Participation The work participation rate of the rural population (40.3 per cent) is higher than the state average, but lower than the national average. The distribution of workers by occupation indicates that approximately two-third of them are agricultural labourers, which is almost double the national average (33 per cent); this is also 13 per cent higher than the state average of 51 per cent. The ratio of cultivators (26.2 per cent) is extremely low as compared to the state average (31.4 per cent), and the all-India average (40.2 per cent). A majority of the workers are wage labourers mostly dependent on agricultural employment. This translates into high levels of poverty and vulnerability of the rural population. Table 3.6 shows the higher than average presence of workers, including both main and marginal workers. What is interesting is the relatively higher percentage of main workers among women as compared to the Bihar average. This can be understood in light of the fact that the level of poverty is extremely high and people have to put in more effort for eking out a livelihood in a terrain that is constantly under threat of floods and droughts. The SC population averages at almost 15 per cent of the total population and female WPRs among SCs are found to be higher than among other categories of the population. The higher than average presence of women main workers is because of the high levels of migration from rural Araria.

Table 3.5: Block-wise Household (HH) Size, Literacy, and Sex Ratio (Rural Population) Literacy Rate Block HH size Sex Ratio Male Female Total Narpatganj 5.5 899 47.2 20.6 34.7 Forbesganj 5.2 905 44.3 21.0 33.3 Bhargama 5.4 907 47.5 22.7 35.8 Kursakatta 5.0 908 52.8 21.3 37.9 Palasi 4.9 928 43.5 16.0 30.3 Source: Census 2001(Village Level Directory).

32 STOLEN CHILDHOODS: A Study of Child Trafficking in the Kosi Region of Bihar Chapter Three Socio-Economic Background of Child Trafficking in Study Districts and Villages

Table 3.6: Working Population Workers to Total Population, Main Workers to Total Workers, Area District per cent (Main + Marginal) per cent Male Female Total Male Female Total Araria 52.5 27.1 40.3 88.5 50.7 76.4 Rural Khagaria 48.9 24.0 37.2 83.1 41.5 70.5 Bihar 48.0 20.2 34.7 85.0 46.5 74.2 Araria 45.2 6.4 27.2 94.2 70.9 91.6 Urban Khagaria 41.8 5.4 25.1 93.5 66.4 90.9 Bihar 41.7 7.0 25.6 90.3 66.7 87.3 Araria 52.1 25.8 39.5 88.8 51.0 77.0 Total Khagaria 48.5 22.9 36.5 83.7 41.8 71.3 Bihar 47.4 18.8 33.7 85.5 47.3 75.3 Source: Census India 2001. As shown in Table 3.7, the percentage of cultivators (26.2 per cent) is lower than that in Bihar (31.4 per cent), whereas that of agricultural labour (64.7 per cent) is higher than that of Bihar as a whole (51 per cent). The percentage of workers in the household industry in the district is almost half of the state average. For urban areas the contrast is equally telling of a story of underdevelopment, wherein workers in the household industry are a negligible percentage and the percentage of agricultural labour is almost 20 per cent of all workers. Table 3.8 shows that the situation in the blocks under study is not very different. The percentage of cultivators and agricultural workers approximates district averages. The level of development of the household industry is low except in Forbesganj which is more urban than the rest of the blocks. In the Araria blocks included in our study, the predominance of agricultural workers among the working population, and the comparatively smaller cultivator population is related to the growing landlessness that characterises the area, as well as the total inadequacy of marginal and near marginal landholdings to meet subsistence requirements. The fragmentation of land at the bottom of the agrarian pyramid and concentration of land among a declining number of landowning families is self explanatory. This is particularly significant in the context of child trafficking, as unsafe child migration in the course of looking for income and food security by the poor, often leads to children being trafficked. Human Development Araria is one of the most backward districts in India and the most backward in Bihar. In terms of composite development indicators for the state, it is ranked at the lowest level with only 69 points–31 points lower than the state average.106 The backwardness of the district is reflected not only in terms

Table 3.7: Working Population by Sector District Total Workers by Different Trade, per cent Area Total Working Cultivators Agricultural HH industry Other Population Labour Rural Araria 26.2 64.7 1.9 7.2 817,433 Bihar 31.4 51.0 3.7 13.9 25,752,569 Urban Araria 5.9 18.7 2.2 73.1 36,012 Bihar 5.3 12.2 6.5 75.9 2,222,037 Total Araria 25.3 62.8 2.0 10.0 853,445 Bihar 29.3 48.0 3.9 18.8 27,974,606

STOLEN CHILDHOODS: 33 A Study of Child Trafficking in the Kosi Region of Bihar Chapter Three Socio-Economic Background of Child Trafficking in Study Districts and Villages

Table 3.8: Percentage Distribution of Different Types of Workers in the Study Blocks Agricultural Household Block WPR Cultivators Others Labour Industries Narpatganj 44 29.6 62.9 1.5 6 Forbesganj 40.7 23 64.7 1.4 10.9 Bhargama 45.4 28.9 65 1.4 4.7 Kursakatta 42.7 27.5 62.3 2.4 7.8 Palasi 39.2 28 61.2 4.1 8.8

of the abysmal levels of human development, but also in the lack of basic amenities and infrastructure from the village level right up to the district headquarters level. There is almost near absence of electricity for most rural households, along with a low level of utilisation of the cultivable area available. Irrigation is hardly available. There are almost no opportunities for the development of industries or services. Availability of post-harvest facilities is also abysmally low.

b) Khagaria Khagaria as a district is 27 years old. Earlier, it was a sub-division of district Munger. The Khagaria sub- division was created in 1943-44 and it was upgraded to a district with effect from 10 May 1981. At present, this district is well-connected to the other parts of Bihar and the rest of the country through railways as well as roads. Roads and rail links connect the district to New Delhi, North Bengal, and other parts of northern India. National Highway No. 31 passes through the district almost parallel to the railway line in the west-east direction, with the two intersecting in Chukati, 8 km. east of Khagaria. Apart from the National Highway, the condition of the other roads in the district is poor because of excessive rains and water logging coupled with poor maintenance. The condition of the other roads, some maintained by the rural engineering organisation and some others by block administration and Panchayats is worse. While the lack of transport and communication does not act as a barrier to trafficking, it certainly does create bottlenecks for economic development and poverty reduction through better access to markets and services. In order to reduce the prospects of increased ease of trafficking as well as demand for the services of trafficked persons, precautionary measures to prevent risks of child trafficking need to be kept in mind when new communication infrastructure projects are undertaken. The economy of the district is dependent entirely on agriculture and its two main allied activities of horticulture and dairy. Industrialisation is completely absent. This district has potential for agro-based industries because it produces large quantities of bananas and maize, but so far no industry has come up in the district. The population of Khagaria is 1.55 per cent of the population of Bihar; the total population of the district is 12, 80,354 (Table 3.9). Around 14 per cent of the total population is SCs whereas a negligible proportion is STs (0.03 per cent). The district is predominantly rural as 94 per cent of the total population lives in villages. Literacy rates in the district are far below the state average.107 The total number of workers in the district is estimated at 36.5 per cent (48 per cent male workers and 24 per cent female workers). This is almost the same as that of rural Bihar. While 83 per cent of the males were recorded as main workers in 2001, only 41.5 per cent women were recorded as such. This is similar to all-rural Bihar averages of 85 per cent and 46.5 per cent respectively. Of the total workers, 56.2 per cent are agricultural labourers and 26.7 per cent are cultivators (Table 3.10). The rest are engaged in cottage industries and artisan production. The landholding pattern of the district provides clues to its poverty and the high percentage of labourers in the population. Landlessness is high. Except in Alauli and Chautham, almost 17 per cent of the population in the remaining blocks is landless. Almost 60 per cent of the population in Alauli is landless and a sizeable

34 STOLEN CHILDHOODS: A Study of Child Trafficking in the Kosi Region of Bihar Chapter Three Socio-Economic Background of Child Trafficking in Study Districts and Villages

Table 3.9: Demographic Structure of the Areas under Study

Block Total Male Female SC Total Male SC Female SC Alauli 218,345 112,955 100,890 54,225 28,676 25,549 Khagaria 250,259 132,371 117,888 43,159 22,741 20,418 N.P. Khagaria 45,221 24,859 20,362 3,350 1,867 1,483 Mansi 74,297 39,769 34,528 9,953 5,281 4,672 Chautham 113,761 60,063 53,698 19,957 10,548 9,409 Beldaur 147,456 76,899 70,557 22,832 11,758 11,074 Gogri 212,197 113,774 98,423 17,538 9,449 8,089 N.P. Gogri 31,106 16,585 14,521 2,188 1,143 1,045 Parbatta 192,212 101,922 90,220 11,920 6,358 5,562 Total 1,280,354 679,267 601,087 185,122 97,821 87,301 Source: Census of India 2001. proportion of this landless population does not possess homestead land, and lives on homesteads belonging to landowners or on public land. Most of the cultivator households in the district (68 per cent) are those of marginal farmers. Another 10 per cent possess small holdings (2.5-5 acres). Only 6 per cent of the households possess landholdings of more than 5 acres each. Approximately 85 per cent of the rural population is poor.108 Assured irrigation is available to only 38 per cent of the farms. Excluding Khagaria block only 32 per cent of the cultivable land is irrigated. Irrigation has helped farmers who are able to grow multiple crops but the plight of agricultural labourers has hardly changed. Due to surplus agricultural labour, minimum wages are not paid. Most farms are family operated and demand for labour is not very high. Labour depends on medium and big farmers and the practice of attached labour is prevalent as this assures employment but does not reduce poverty. The rural poor hardly have any food security. They consume inferior grains and lack proteins and other vital elements in their diet. Malnutrition is rampant. Children suffer from rickets. Child labour is widely prevalent with a large proportion of the children working with parents in agriculture and as attached Table 3.10: Working Population by Sector

per cent of Total Workers by Different Trade Total Working Area District Agricultural HH Cultivator Other Population Labour Industry Rural Araria 26.2 64.7 1.9 7.2 817,433 Khagaria 26.7 56.2 2.3 14.8 448,060 Bihar 31.4 51.0 3.7 13.9 25,752,569 Urban Araria 5.9 18.7 2.2 73.1 36,012 Khagaria 6.6 10.7 7.4 75.4 19,180 Bihar 5.3 12.2 6.5 75.9 2,222,037 Total Araria 25.3 62.8 2.0 10.0 853,445 Khagaria 25.8 54.4 2.5 17.3 467,240 Bihar 29.3 48.0 3.9 18.8 27,974,606

STOLEN CHILDHOODS: 35 A Study of Child Trafficking in the Kosi Region of Bihar Chapter Three Socio-Economic Background of Child Trafficking in Study Districts and Villages

labour in animal husbandry; 30 per cent of the children work as domestic servants. Approximately 15 per cent of the children do not attend school and work with their parents in family occupations, mainly agriculture. Among the rural poor, approximately 7 per cent of the parents are apathetic to sending children to school and 9 per cent of the children too are indifferent to attending school.109 This in part is due to both the inadequacy of infrastructure and services as well as the quality of education and lack of clarity regarding the eventual gains of studying.

Profile of the Study Villages Demography The study villages included 13 villages in Araria district and 7 in Khagaria district (Table 3.11). Table 3.12 gives the demographic profiles of these villages. The study villages in Araria had an average household size of 4.9, and sex ratios that varied considerably between the villages, but was considerably lower than the all-India average of 933; on the whole, it was higher than the state average of 907. Literacy rates were low in most of the villages, ranging between an all-time low of 10.2 per cent in Bishunpur, and a high of 86.9 per cent in Shankerpur. Female literacy rates were the lowest in Bishunpur at 1 per cent and were the highest in Shankarpur at 77 per cent. The latter village also had the smallest household size of 3.2. Another village that is useful in terms of examining links between caste and human development is Daua, where the SC population is 56.1 per cent of the total population, and literacy levels are very low at 16.3 per cent with female literacy rates of 3.4 per cent. In Khagaria district, the average household size is 5.3, with village Nirpur having the highest household size of 6.2. The average sex ratio at 876 is much lower than both the all-India average (i.e. 933) and that for Bihar (i.e.907). Among the study villages Nista had the lowest sex ratio at 852, with village Imli having the highest sex ratio at 936, which is even higher than the all-India average. Overall literacy

Table 3.11: Names of the Villages Surveyed District Block GP Village Bisaria Bisaria Bhargama Khutha Baijnathpur Charaiya Dhoalbajjaa Bishunpur Forbesganj Saifganj Shankarpur Lakshmipur Tamkura Kursakatta Shanker Pur 2, Sankarpur (Kaparfora) Araria Narpatganj Fatehpur Belwa Barahkumba Daulatpur Chauri Phulsara Palasi Miyapur Maldwar Nakata Khurd Dowa Raniganj Ghaghari Dumara Kharahat Betona Narayan Pur Bahadurpur Imli Alauli Dhma Khedi Khurha Mohanpur Haripur Nista Khagaria Beldaur Kurban Kurban Chautham Neerpur Neerpur Gogari Basudev Pur Basudev Pur Parawata Siyadatpur Aguwani Siyadatpur Aguwani

36 STOLEN CHILDHOODS: A Study of Child Trafficking in the Kosi Region of Bihar Chapter Three Socio-Economic Background of Child Trafficking in Study Districts and Villages

Table 3.12: Demographic Profile of the Surveyed Villages

Household Literacy Rate SC District Name Sex Ratio Size Total Male Female per cent Bisaria 5.5 919 28.2 38.4 16.8 7.2 Chiraiya 5.0 923 50.4 64.2 35.6 18.0 Bishunpur 5.6 882 10.2 18.0 1.6 5.2 Shankarpur 3.2 851 86.9 95.2 77.0 0.0 Tamkura 4.2 981 79.0 89.2 68.4 0.0 Shankarpur 4.6 862 46.3 64.5 25.2 9.0 Araria Belwa 5.2 940 32.3 49.0 14.9 5.0 Daulatpur 4.6 937 50.2 72.3 26.2 0.0 Phulsara 4.9 943 31.6 46.8 15.2 1.7 Maldoar 4.6 948 32.7 46.1 18.0 19.3 Daua 5.2 890 16.3 28.2 3.4 56.1 Dumra 6.2 901 23.9 33.8 12.4 0.0 Bitauna 5.2 889 52.8 74.4 27.9 11.6 Imli 5.3 938 31.5 44.3 17.7 38.4 Mohanpur 4.7 895 13.9 21.2 5.6 81.8 Nista 5.4 852 36.2 47.9 22.6 10.3 Kurman 4.8 916 20.6 30.0 10.3 20.2 Khagaria Nirpur 6.2 881 41.7 53.2 28.1 9.0 Basudeopur 5.9 925 46.7 56.4 36.2 5.5 Siadatpur 5.4 871 59.2 70.9 45.6 2.7 Aguani rates in the study villages were low at 35.6, with the lowest literacy rates in village Mohanpur. On average, female literacy rates in the villages were 23 per cent, with the lowest in village Mohanpur, which had the lowest male literacy rates as well. On average, SC households constituted 23 per cent of the villages studied, with the lowest SC population in village Siadatpur Aguani, and the highest in village Mohanpur. This again comes as no surprise as the lowest literacy levels as well as the highest SC populations are coterminous with lack of development, poverty, and vulnerability. Our study villages were selected on the basis of female literacy rates being used as a proxy indicator for poverty and lack of development and likelihood of unsafe migration and child trafficking. These statistics certainly bear out the co-existence of lack of access to human development and social discrimination.

Distribution of Working Population in the Study Villages In 15 of the survey villages, where the overall literacy rates were low at approximately 35 per cent, and female literacy rates were abysmal at approximately 23 per cent, the agricultural worker population was more than 50 per cent of the working population, nearer 70 per cent of the total working population (Table 3.13). However, in other villages where literacy rates for both men and women were comparatively higher, and SCs may not be a part of the village population, the percentage of cultivators was higher. For example, in village Bishunpur in Araria district, literacy levels were extremely low, SCs formed a part of the population, and agricultural labour predominated among all workers. In Tamkura and Shankerpur there were more cultivators. It is important to take note of the coincidence of low literacy levels, high landlessness, and high percentages of agricultural labour in these villages. These indicators demonstrate a high propensity for unsafe migration for survival, leading to trafficking and forced labour by children as well.

STOLEN CHILDHOODS: 37 A Study of Child Trafficking in the Kosi Region of Bihar Chapter Three Socio-Economic Background of Child Trafficking in Study Districts and Villages

Table 3.13: Working Population by Sector

Name of Agricultural HH Total District Cultivator Other Total Village Labour Industry Workers Bisaria 18.8 72.6 2.9 5.7 100.0 3,083 Chiraiya 25.5 68.1 1.8 4.6 100.0 1,833 Bishunpur 1.0 98.7 0.0 0.3 100.0 382 Shankarpur 91.6 0.9 0.0 7.5 100.0 107 Tamkura 90.3 6.5 0.0 3.2 100.0 62 Shankarpur 31.4 63.8 1.7 3.1 100.0 1,407 Araria Belwa 43.0 54.2 0.9 2.0 100.0 914 Daulatpur 45.4 44.9 6.6 3.1 100.0 196 Phulsara 23.1 73.4 0.6 2.9 100.0 692 Maldoar 32.9 50.1 11.6 5.3 100.0 768 Daua 44.8 54.3 0.0 1.0 100.0 105 Dumra 31.4 62.6 1.2 4.8 100.0 561 Bitauna 42.5 35.5 14.0 8.0 100.0 1,362 Imli 25.5 72.3 0.2 2.1 100.0 577 Mohanpur 4.1 95.6 0.2 0.0 100.0 804 Nista 16.8 68.8 4.6 9.7 100.0 1,069 Khagaria Kurman 28.0 67.3 0.7 3.9 100.0 1,402 Nirpur 35.3 55.8 0.9 8.0 100.0 2,171 Basudeopur 29.8 44.6 2.0 23.6 100.0 1,997 Siadatpur Aguani 33.5 36.9 6.1 23.5 100.0 2,415 Conclusion We tried to demonstrate the existence of land-poor population in Bihar and in the study districts. This population is largely engaged in seasonal agricultural labour, facing income and food inadequacy. For them, adult migration and unsafe migration of children are ways in which some kind of survival may be possible. But such survival comes at a high price for the children who end up being trafficked. The following chapters look at the conditions of the children and their childhoods, extent of child trafficking in our study sample, and analyse the findings of a detailed survey of households of trafficked children in order to understand the push and pull factors that help trafficking.

38 STOLEN CHILDHOODS: A Study of Child Trafficking in the Kosi Region of Bihar Chapter Three Socio-Economic Background of Child Trafficking in Study Districts and Villages

End Notes 96 IHD and World Food Program (WFP). 2009. Food Security Atlas of Bihar. 97 Asian Development Research Institute (ADRI). 98 IHD. Op cit, n.d. 99 IHD. Op cit. n.d. 100 IHD. 2009: op cit. 101 Bihar Land Reforms Commission. 2008: Report on Land Reforms Presented to the government of Bihar. Patna. 102 Ibid. 103 Ibid. 104 Characterization of Food Systems in the Indo Gangetic Plains, Compiled by ICAR Patna, 2006. 105 P.S. Appu. 1973: ‘Unequal Benefits of Kosi Development: Cost of Bypassed Institutional Reform’, Economic and Political Weekly, 8 (24): 1076-1081. 106 Bihar Development Report, IHD. 2006. Characterization of Food Systems in the Indo-Gangetic Basin. IGP-4, ICAR, Patna. 107 District Health Society Khagaria : District Health Action Plan 2009-2010 108 See the findings of this study. 109 Ibid.

STOLEN CHILDHOODS: 39 A Study of Child Trafficking in the Kosi Region of Bihar Chapter Four Childhood Conditions in the Kosi Region and Child Trafficking

Introduction This chapter draws upon both secondary and primary data to examine childhood conditions, as well as the phenomenon of child trafficking in the riverine Kosi region of Bihar. The first section examines the situation of children in the two study districts with regard to their overall participation in education and the extent of child labour; this is based on secondary data. In this backdrop, the second section looks at the conditions of the children included in our sample within the overall parameters of caste, religion, economic status, access to basic amenities, literacy levels, educational attainments of household heads/members, children’s access to education and health, adult migration, extent and patterns of child labour deployment, and the extent of child labour migration tantamount to child trafficking. The chapter attempts to estimate the extent of child trafficking from the region in ‘normal’ years as well as the extent to which natural disasters (the 2008 floods in Kosi River in particular), may have led to an increase in these numbers.

Childhood Conditions in the Sample Districts We tried to assess the situation of children in the two study districts in terms of the extent of their access to and participation in schooling, as well as their deployment as child labour. As per the 2001 Census, the attendance of SC children in schools in Araria district was 16 per cent among the 5-14 years age group. Table 4.1 shows the low rates of participation in education, particularly among the poorer and socially weaker sections of society. The attendance of girls was even lower at 10.4 per cent. Going up the age ladder, attendance among SC boys as well as girls fell drastically. Of SC children aged 15-17 years, only 16.9 per cent boys and 6 per cent girls attended school. In Khagaria district, the situation appeared to be slightly better with an overall attendance rate of SC children at 22.7 per cent for those in 5-14 years age group (27.2 per cent boys and almost 17.3 per cent girls). For older children, the attendance fell for girls (12.3 per cent) and there was a slight increase for boys (27.2 per cent). Both these districts compared poorly even with a low all-Bihar average of 28.2 per cent for the younger cohort of children; Khagaria was near the all-Bihar average for the older cohort while Araria was worse. The percentage of ST populations is low in both the districts. However, wherever they are, they are at the bottom of the economic pyramid, being mainly landless agricultural labour households. Among ST children, attendance in schools was low and fell even lower among the older cohort. In Khagaria district they appeared to do marginally better with 30.3 per cent of the younger children in school. However, the attendance rates fell sharply with older children. As per our study, children’s educational participation rates were somewhat better among the general category of the population. In Araria district, the school going average was 29.5 among the younger children while it averaged 24.6 among the older children from the general castes. In Khagaria district, 37.1 per cent of the younger children and 36.6 per cent of the older children were in school. These

40 STOLEN CHILDHOODS: A Study of Child Trafficking in the Kosi Region of Bihar Chapter Four Childhood Conditions in the Kosi Region and Child Trafficking rates were somewhat closer to the state averages for the younger cohort (43.3 per cent and 38.5 per cent for the older cohort). Gender gap existed among this category of children but was lower than among the backward sections. These figures need to be set against the level of child labour in the districts as well as in the state of Bihar. In Araria, 12.3 per cent of the SC children of less than 14 years of age were listed as child labour, while in Khagaria 10.9 per cent of the children of less than 14 years were at work. Almost as many girls were at work as boys. Labour participation among such small children in both these districts was almost double that of the state averages. For older children in the 15–17 years age group, the work participation rate was 71.5 per cent for SC boys and 59.7 per cent for SC girls in Araria; these figures were 57.6 per cent for SC boys and 40.5 per cent for SC girls in Khagaria district. When compared to the Bihar averages (49.8 per cent for SC boys and 32.9 per cent for SC girls), both districts had higher prevalence of child labour. 110 When it comes to the percentage of child labourers with education, in Araria only 5.7 per cent of the SC child labour in the younger cohort had any education, whereas among older children it was even lower at 3.4 per cent. In Khagaria district, on the other hand, 14.3 per cent of the youngest SC child In Khagaria, household workers had some education, while for older children this figure fell to 6.6 per cent.111 This may indicate that poverty forced children in Khagaria, while educational participation among SC to start work at an and ST children was somewhat higher than in Araria, household poverty forced children to start work at early age despite having an early age despite having attended school. This ties attended school. in with what the children told the study team - that they were made to migrate in order to work outside the state while they were trying to attend school and were even passing examinations. Some of them ultimately gave up their ideas of continuing education and joined the ranks of very young workers. Prevalence of semi-feudal relations in society, high levels of poverty, low levels of access to land, lack of viable livelihood options, lack of food and income security, and impacts of natural disasters are the reasons for the early introduction of children to the grim realities of life in the Kosi region. Among the poorest, child labour is a survival strategy that families are forced to adopt due to poor livelihood chances for adults. What is interesting is that even among the category of ‘others’,112 8 per cent of the younger children and 43.2 per cent of the older children were found working in Araria. In Khagaria, 7.2 per cent of the younger children and 34.1 per cent of the children in the older cohort were found working. With regard to the presence of school going children among child workers, 11.7 per cent of the very young children from the ‘others’ category attending school in Araria district were engaged in child labour, while 6.7 per cent of the older children were school going. In Khagaria, 21.8 per cent of the younger children and 11.9 per cent of school going and educated children were engaged in child labour. These can be compared to the state averages for children of upper castes attending school and also working (18.8 per cent for younger children and 9.6 per cent for older children). Work participation among children of these castes may be linked to the existing preference of sending children to school on the one hand, and compulsions related to the growing fragmentation of landholdings, lack of employment opportunities, and the need to maximise incomes by putting young hands to work on the other (see Table 4.1).

STOLEN CHILDHOODS: 41 A Study of Child Trafficking in the Kosi Region of Bihar Chapter Four Childhood Conditions in the Kosi Region and Child Trafficking

Table 4.1: Description of Children, 2001 Child Labour Attending Educa- Child Labour, attending school to tional Institutions, Social District/ Age per cent total Child Labour per cent Category State Group per cent Male Female Total Male Female Total Male Female Total 5-14 20.9 10.4 16.0 13.7 10.8 12.3 7.6 2.8 5.7 Araria 15-17 16.9 6.0 12.7 71.5 59.7 66.9 4.9 1.9 3.8 5-14 27.2 17.3 22.7 12.1 9.4 10.9 16.9 9.8 14.1 SC Khagaria 15-17 27.2 12.3 21.4 57.6 40.5 51.0 10.2 3.0 8.0 5-14 34.4 20.9 28.2 7.8 5.9 6.9 13.2 7.2 10.9 Bihar 15-17 30.5 12.6 23.0 49.8 32.9 42.7 7.0 2.5 5.6 5-14 24.7 11.9 18.6 14.4 13.9 14.2 15.9 5.6 11.0 Araria 15-17 21.7 8.5 15.7 70.5 66.3 68.6 8.4 3.4 6.2 5-14 34.2 25.0 30.3 31.6 21.4 27.3 41.7 0.0 27.8 ST Khagaria 15-17 50.0 0.0 10.0 100.0 87.5 90.0 50.0 0.0 11.1 5-14 31.7 18.6 25.5 10.3 9.5 9.9 13.9 6.5 10.6 Bihar 15-17 29.3 12.6 22.0 54.7 46.1 51.0 8.0 2.6 5.8 5-14 34.7 23.7 29.5 10.0 5.9 8.0 13.0 9.4 11.7 Araria 15-17 30.3 16.5 24.6 54.9 26.4 43.2 7.5 4.3 6.7 5-14 41.5 31.9 37.1 8.4 5.9 7.2 24.4 17.4 21.8 Other Khagaria 15-17 41.6 29.3 36.6 42.7 21.3 34.1 12.9 8.9 11.9 5-14 48.9 37.0 43.3 5.5 3.4 4.5 20.7 15.2 18.8 Bihar 15-17 46.1 28.7 38.5 35.3 15.1 26.5 10.6 6.4 9.6 5-14 32.6 21.7 27.5 10.5 6.7 8.7 12.1 7.9 10.5 Arari 15-17 28.5 15.2 23.1 57.2 30.9 46.4 7.1 3.8 6.2 5-14 39.2 29.7 34.9 8.9 6.4 7.8 22.8 15.7 20.2 Total Khagaria 15-17 39.6 27.1 34.6 44.8 23.8 36.3 12.4 7.6 11.2 5-14 46.3 34.2 40.6 5.9 3.9 5.0 18.9 13.0 16.8 Bihar 15-17 43.6 26.3 36.1 37.7 17.9 29.1 9.9 5.3 8.6 Source: Census of India 2001.

Figure 4.1 shows the overall low educational participation levels among children from all social categories in both the districts and compares them with state averages. It shows that in Araria, only 27.5 per cent of the children in the younger age group were in school (32.6 per cent boys and 21.7 per cent girls). For the older age group, the rates of participation fell sharply with only 23.1 per cent children in school (28.5 per cent boys and 15.2 per cent girls). As discussed earlier, Khagaria district had higher levels of school going children in both cohorts (34.9 per cent of all younger children and 34.6 per cent of the older children in school); 29.7 per cent of the girls in the younger age group were going to school while 27.1 per cent of the older girls were in school. Both these districts did less well than the all-Bihar rates (40.6 per cent of all younger children and 36.1 per cent of the older children in school).

42 STOLEN CHILDHOODS: A Study of Child Trafficking in the Kosi Region of Bihar Chapter Four Childhood Conditions in the Kosi Region and Child Trafficking

Figure 4.1: Percentage of All Children Attending Educational Institutions, 2001

Source: Census of India 2001.

Figure 4.2: Percentage of Child Labour to Total Children, 2001

Source: Census of India 2001.

Similarly, looking at levels of child labour in both the districts compared to the state as a whole (Figure 4.2), 8.7 per cent of all younger children were found working as child labour in Araria district (10.5 per cent boys and 6.7 per cent girls). In Khagaria, for the same age group, 7.8 per cent of the children were found working as child labour (8.9 per cent boys and 6.4 per cent girls). In Araria the levels of child labour increased dramatically for the older children (57.2 per cent boys and 30.9 per cent girls working as child labour). In Khagaria, this figure was somewhat lower with 44.8 per cent for older boys and 23.8 per cent for older girls. In Khagaria district 36.3 per cent of all the children in the age group of 15-17 years were child labour. For the state as a whole, 29.1 per cent of all older children were found to be engaged as child labour (37.7 per cent boys and 17.9 per cent girls).

STOLEN CHILDHOODS: 43 A Study of Child Trafficking in the Kosi Region of Bihar Chapter Four Childhood Conditions in the Kosi Region and Child Trafficking

Figure 4.3: Percentage of Child Labour Attending Educational Institutions, 2001

Source: Census of India 2001.

Figure 4.3 shows the extent to which school going children or children with some degree of educational participation, were also required to work as child labour. In Araria district, of the younger age group of children, on average 10.5 per cent children attending school were also identified as workers. Among boys, 12.1 per cent doubled as child workers, while 7.9 per cent girls were also working as child labour while being enrolled in school. In Khagaria district among the younger cohort of children, 20.2 per cent were attending school and doubling as child workers (22.8 per cent boys and 15.7 per cent girls). In Araria, 6.2 per cent of the older children were doing both (7.1 per cent boys and 3.8 per cent girls). This follows from the very low representation of girls in education among the older age group. For the older age group in Khagaria also, educational participation rates fell drastically, with 11.2 per cent of child labour attending school (12.4 per cent boys and 7.6 per cent girls). These figures need to be understood within the larger backdrop of high levels of rural poverty in Bihar. Large segments of the rural population are faced with growing lack of access to cultivable land, limited employment opportunities available in agriculture especially in rain fed areas, low wages, resultant lack of income and food security, and a history of entrenched social discrimination on the one hand, as well as limited access to schooling, lack of quality educational opportunities at the village level, the costs associated with pursuing education, and lack of quality healthcare leading to high costs for curative treatments leading to indebtedness. All these factors are responsible in varying degrees for the low educational participation of children, particularly older children from poor rural households.

Situation of Children in Our Sample As mentioned in Chapter One, our sample covered 20 villages, selected from the two districts of Araria and Khagaria. Based on our sampling methodology (discussed in Chapter One), 4,111 households were canvassed for listing of all children, 0 to less than 18 years of age, along with their socio-economic backgrounds, educational status, employment, migration status, and likelihood of being trafficked children; 11,721 children of 0 to less than 18 years were listed in the child listing questionnaire. Of these

44 STOLEN CHILDHOODS: A Study of Child Trafficking in the Kosi Region of Bihar Chapter Four Childhood Conditions in the Kosi Region and Child Trafficking we concentrated on children of 5 years Table 4.2: Social Composition and above, as younger children were not of Listed Children relevant for our purpose of studying child trafficking. Children younger than 5 years SC 1,993 did not face prospects of being sent away, ST 11 Social OBC-I 2,860 or sold, or being given up in exchange of category returns in cash or kind. As shown in Table OBC-II 2,597 4.2, among 8,252 children of 5 to less than General 791 18 years of age included in our list, 6,692 Hindu 6,692 Religious were Hindus (81.1 per cent) and 1,537 Muslim 1,537 were Muslims (18.6 per cent), while there category Other 23 were 23 others. There were 4,681 boys Male 4,681 (56 per cent of listed children) and 3,571 Sex girls (44 per cent of listed children) in the Female 3,571 sample; 1,993 children belonged to the SC Total 8,252 category (25.4 per cent), 2,860 belonged to OBC-I (30.4 per cent), 2,598 were from OBC-II (35.8 per cent),113 and 791 (8.4 per cent) were from the general category. Thus, among the listed children more than 50 per cent belonged to economically and socially weaker sections of SCs and OBC-I.

Landholding and Economic Status Of the 8,252 children of 5 to less than 18 years who were listed from the viewpoint of trafficking, 4,824 (58.5 per cent) were from landless households, while 1,264 (15.3 per cent) were almost landless, 965 (11.7 per cent) belonged to marginal farmer households, 718 (8.7 per cent) were children of lower medium farmers, 378 (4.6 per cent) were children of upper medium farmers, and 103 (1.2 per cent) were from large farmer households (Table 4.3). Landlessness and near landlessness are coterminous with poverty. More than 85 per cent of our sample children were thus from severely economically deprived households. They were completely dependent on labour wages for survival. Since locally available employment was seasonal, the only option that they had was migrating for employment.114

Table 4.3: Poverty and Landholding Status of Listed Children Number of Category Percentage Children APL 2,202 26.7 BPL 3,983 48.3 Card Type AA Y 814 9.9 No Card 1,245 15.1 Don’t Know 8 0.1 Landless 4,824 58.5 Near to landless 1,264 15.3 Marginal farmers 965 11.7 Land Size Lower Medium 718 8.7 Upper Medium farmers 378 4.6 Large farmer 103 1.2 Total 8,252 100

STOLEN CHILDHOODS: 45 A Study of Child Trafficking in the Kosi Region of Bihar Chapter Four Childhood Conditions in the Kosi Region and Child Trafficking

Of the total sample, 3,983 children were from houses which had below poverty line (BPL) cards,115 while 841 were from households which had Antyodaya (AAY) cards; 2,202 children were from households which had above poverty line (APL) cards, and 1,245 children were from houses which had no cards. One can surmise the overall poverty situation of the listed households—58 per cent were poor, including the holders of BPL and AAY cards. With regard to those having no cards this often had to do with lack of awareness, lack of access to the bureaucracy, and lack of male members in the household who may be away on migratory employment. We analysed the occupational structure of the children’s households. For a majority of the households, agriculture and allied activities were the main occupation. This included both cultivators as well as agricultural labour. Construction came a close second. Construction was at an all-time high in urban and rural areas in the state with roads and bridges being constructed or upgraded, and state sponsored construction of infrastructure providing considerable employment. A certain degree of adult migration appeared to have changed direction from a westward movement to Punjab and Haryana, towards migration within Bihar, wherever construction work was going on.

Educational Status of Adult Members of Listed Children’s Households A large number of children were from households which had little or no education while another large section had very low levels of education. In terms of optimal educational status, 481 children were from illiterate households while 209 (2.5 per cent) were from households in which the head/ member was literate but had no formal education; 2,702 (32 per cent) children belonged to households where the highest education level was below primary. There were 1,973 (24 per cent) children from households with members who had primary level education, while there were 1,494 (18.1 per cent) households with middle schooling. There were 782 (9.5 per cent) households with secondary education, and 377 (4.6 per cent) with higher secondary education. There were 181 (2.2 per cent), households with graduates and higher education and 11 (0.1 per cent) who had vocational training. These figures are interesting as they show that overall levels of literacy have increased in the state, and also in the sample villages. Those with some degree of education constituted almost 35 per cent of the households, while almost 60 per cent of the households had primary and above levels of education.116

Trafficked Children We found that 699 children had been sent out of their villages. Among the reasons for their migration were education (55 children), 2 children had accompanied their families, and 3 had left on account of marriages. The remaining 639 had been trafficked (Table 4.4a).The percentage of trafficked children among our sample was 7.7 per cent. These children belonged to 578 of the sample 4,111 households, or more than 10 per cent of the total households in the sample (Table 4.4b). They were regarded as trafficked as they had: (i) undergone unsafe migration as they were not staying with their families in places of destination; (ii) In most cases they were accompanied by third party members and there was third party involvement in their movement; (iii) even when parents or family members had accompanied the children they had Table 4.4a: Number of Children Who Have Left Their Villages (by purpose) come back leaving them alone; (iv) the child’s person was under the control Reasons Number Percentage of the employer/trafficker; and (v) the Education 55 7.9 child’s vulnerability was made use of. So Work 639 91.4 as per all these criteria of the Palermo With family member 2 0.3 Protocol, 7.7 per cent of the sample Marriage 3 0.4 children had been trafficked. Total 699 100.0

46 STOLEN CHILDHOODS: A Study of Child Trafficking in the Kosi Region of Bihar Chapter Four Childhood Conditions in the Kosi Region and Child Trafficking

Table 4.4b: Trafficked Children among Listed Children Variable Trafficked Percentage Total Children Percentage < 10 year 8 1.3 4,289 52.0 Age group 10-14 year 119 18.6 2,433 29.5

>14 year 512 80.1 1,530 18.5 Illiterate 161 25.2 968 11.9 Below Primary 217 34.0 4,867 59.9 Primary 159 24.9 1,462 18.0 Education Level Middle 84 13.1 614 7.6 High School 16 2.5 185 2.3 Intermediate 2 0.3 25 0.3 Current Status Never enrolled 161 25.2 968 57.0 of Education Dropped out 478 74.8 730 43.0 Total Total 639 100.0 1,698 100.0

As Table 4.4b shows, among the trafficked children, approximately 119 (18 per cent) were between 10-14 years of age, while 512 children (80 per cent) were between 14 to less than 18 years of age. Approximately 2 per cent of the trafficked children were less than 10 years old. While approximately 25 per cent were illiterate, approximately 34 per cent had studied up to below primary, 13.1 per cent had completed middle school, and 2.5 per cent had actually studied up to high school; 25 per cent of the children had never enrolled in school while approximately 74 per cent had dropped out. Tables 4.5 and 4.6 show the composition of the trafficked children by religion and caste. While a majority were Hindus, the percentage of Muslim children was more than their percentage in all listed children of 5 to less than 18 years of age. The factors that fuelled such a situation related to high levels of landlessness and poverty among Muslim households as well as their lack of faith in returns to the education of their children. This led to male children being sent away to work outside the village at an early age, and girls being kept at home to perform domestic chores until they were married off. The trafficked children belonged to a mix of categories, with SCs and OBC-I children constituting a majority. While SC children were 24.2 per cent of all listed children, this percentage was 25.4 among the trafficked children. OBC-I children were 34.7 per cent of the total sample, but they represented 30.4 per cent of the trafficked children. OBC-II children were 31.5 per cent of all the listed children, but were 35.8 per cent of trafficked children. Children belonging to forward castes were 9.6 per cent of all the listed children and 8.5 per cent of trafficked children. While the high representation of SC and OBC-I children among trafficked children can be understood in terms of their poverty, low social status, and lack of options, what is more difficult to explain is the presence of OBC-II children among trafficked children. Their percentage in trafficked children is higher than their percentage among listed children. This needs to be linked to our earlier discussion of child labour in Bihar as a whole. For forward caste children participation in paid work appeared quite widespread and this can

Table 4.5: Percentage Distribution of Trafficked and Total Children by Religious Category Child 5-<18 Religious category Trafficked Percentage Total Children Percentage Hindu 492 77.0 6,692 81.1 Muslim 142 22.2 1,537 18.6 Other 5 0.8 23 0.3 Total 639 100.0 8,252 100.0

STOLEN CHILDHOODS: 47 A Study of Child Trafficking in the Kosi Region of Bihar Chapter Four Childhood Conditions in the Kosi Region and Child Trafficking

Table 4.6: Percentage Distribution of Trafficked and Total Children by Social Category Child 5-<18 Sub-category Trafficked Percentage Total Children Percentage SC 162 25.4 1,993 24.2 OBC-I 194 30.4 2,860 34.7 OBC-II 229 35.8 2,597 31.5 General 54 8.5 791 9.6 Total 639 100.0 8,241 100.0

be related to the need for rural households to maximise their resources for subsistence. Even if the OBC-II households were relatively better placed than SC households, the fragmentation of holdings, stagnation in agriculture, and lack of other economic options, were among the general contributory factors for child labour. When it comes to trafficking, once the children were sent out of the village, or even the state for work, such migration could turn into trafficking on account of the exploitation of the child by the party/ies involved and due to the vulnerability of the child. Then again, often the children were employed in sectors where child labour is banned by Indian laws. Of the total 639 children, a majority, 492 (77 per cent) were Hindus, followed by 142 (22.2 per cent) Muslims, and 5 others (0.8 per cent) (Figure 4.4). It is interesting to compare these figures with the total listed child population of 5 years and above, wherein Hindus were 81.1 per cent, followed by 18.6 per cent Muslims. The latter were more among trafficked children than their numbers in the total listed children. While the findings of the detailed household survey would be useful in explaining this, it appears that low expectations of the educational system may be prompting parents to send their young children out of the village to work as migrant labour. With regard to the levels of access to land among households of trafficked children (Table 4.7), children of landless households were clearly in a majority with 415 being trafficked, while 111 children of near landless households were also among those trafficked. These percentages almost match up to the categories into which the total listed children fall, in as much as 58.5 per cent of the children were from landless households, while 15.3 per cent were from near landless households. . Here again, Figure 4.4: Percentage Distribution of Trafficked and Total Children by Social Category

48 STOLEN CHILDHOODS: A Study of Child Trafficking in the Kosi Region of Bihar Chapter Four Childhood Conditions in the Kosi Region and Child Trafficking

Table 4.7: Percentage Distribution of Trafficked and Total Children by Land Size Category Child 5-<18 Land category Trafficking Percentage Total Children Percentage Landless 415 64.9 4,824 58.5 Near to landless 111 17.4 1,264 15.3 Marginal farmers 67 10.5 965 11.7 Lower Medium 30 4.7 718 8.7 Upper Medium farmers 12 1.9 378 4.6 Large farmers 4 0.6 103 1.2 Total 639 100.0 8,252 100.0 it is interesting to look at the near landless category which coalesces with the OBC-II category, and explains their presence in such relatively high percentages (35.8 per cent) among trafficked children. SC and OBC-I households were among the landless and near landless with OBC-II households included among the near landless, marginal, and lower medium farming households. Poverty and lack of viable productive assets were clearly the factors driving the trafficking of children. Table 4.8 shows that there were 3,983 children in BPL cardholding households constituting (48.3 per cent) of total children in the sample. Children trafficked from BPL households at the same time amounted to 53.7per cent of trafficked children i.e. higher than the proportion of BPL children in total children. Trafficked children of AAY households also had similar levels of representation both among total listed children and trafficked children. What is puzzling is the presence of children of APL households among trafficked children (149 children, 23.3 per cent). An assumption that may be made in light of the widespread prevalence of child labour even among the non-BPL households is that households use child labour as a strategy to increase incomes. Moreover, not being BPL households does not actually mean that all these households are essentially better off. Many such households may be just above the poverty line and still be poor. Sending children away to learn their way in the labour market from an early stage turns into trafficking once children are sent away with outsiders who thereafter control their persons and their labour. If we look at the educational levels of households of trafficked children in our sample, we find that the percentage of children from illiterate households was rather low at 5.9 per cent. However, among trafficked children this figure was almost double at 10 per cent (Table 4.9). Children whose household members had studied below the primary level were almost 33 per cent among all listed children and 34.3 per cent among trafficked children. Children from households with levels of education higher than the primary level almost coalesced in both the categories. Almost 65 per cent of the trafficked

Table 4.8: Percentage Distribution of Trafficked and Total Children by Ration Card Category Children 5-<18 Beneficiary category Trafficked Percentage Total Children Percentage children (5-<18) APL 149 23.3 2,202 26.7 BPL 343 53.7 3,983 48.3 AAY 66 10.3 814 9.9 No Card 80 12.5 1,245 15.1 Don’t Know 1 0.2 8 0.1 Total 639 100.0 8,252 100.0

STOLEN CHILDHOODS: 49 A Study of Child Trafficking in the Kosi Region of Bihar Chapter Four Childhood Conditions in the Kosi Region and Child Trafficking

Table 4.9: Percentage Distribution of Trafficked and Total Children by Highest Educational Level of Household Members Highest Educational Level Trafficked Total Chil- of household members Percentage Percentage Children dren of trafficked children Illiterate 64 10.0 481 5.9 Literate without formal education 22 3.4 209 2.5 Primary not completed 219 34.3 2,702 32.9 Primary 178 27.9 1,973 24.0 Middle 97 15.2 1,494 18.2 Secondary 40 6.3 782 9.5 Higher secondary 14 2.2 377 4.6 Graduate and above 3 0.5 181 2.2 Other 2 0.3 11 0.1 Total 639 100.0 8,210 100.0

children were from households with very limited educational attainments. What was also striking was the presence of 14 children among the trafficked children, whose household members had studied up to the higher secondary level. These facts point to the lack of options for employment even after completing school forcing households to send their children into risky migration and trafficking. If we look at the occupational patterns of households of all children and compare this with those of trafficked children we find that 68 per cent of the households were engaged in agriculture and allied occupations, while a higher 73 per cent of the trafficked children were also from such households (Table 4.10). Other significant type of work done by trafficked children was construction, working in hotels and restaurants, and transport. Several among these are sectors where employment of children is banned. As long as the children worked in these sectors along with their families or within their villages, it was illegal child labour. However, as soon as they left their villages unaccompanied by family members to do such work, they became trafficked, and at risk of absolute exploitation.

Table 4.10: Percentage Distribution of Trafficked Children by Household Occupational Category Trafficked Total Occupational category Percentage Percentage Children Children Agriculture and allied 466 72.9 5485 68.2 Agriculture based manufacturing 8 1.3 79 1.0 Non-agriculture based manufacturing 19 3.0 403 5.0 Textile/garment 4 0.6 106 1.3 Electricity gas and water supply 4 0.6 31 0.4 Construction 51 8.0 823 10.2 Wholesale and retail trade 26 4.1 297 3.7 restaurant and hotel Transport, storage and 45 7.0 612 7.6 communication real estate 11 1.7 36 0.4 Occupation not defined 1 0.2 11 0.1 Other 4 0.6 165 2.1 Total 639 100.0 8,048 100.0

50 STOLEN CHILDHOODS: A Study of Child Trafficking in the Kosi Region of Bihar Chapter Four Childhood Conditions in the Kosi Region and Child Trafficking

Table 4.11: Percentage Distribution of Trafficked and Total Children by Age Group Trafficked Age group Percentage Total Children Percentage Children 5-<18 < 10 year 8 1.3 4,289 52.0 10-14 year 119 18.6 2,433 29.5 >14 year 512 80.1 1,530 18.5 639 100.0 8,252 100.0

Among the trafficked children, most children were from the age group of 15 to less than 18 years (512 children, 80 per cent) (Table 4.11). Children as young as 10-14 years were also trafficked (119 children, 18.6 per cent). There were a few even younger children of less than 10 years of age who had been trafficked. Among the trafficked children, those with nil (25 per cent) or primary level (34 per cent) parental education constituted a majority at 59 per cent (Table 4.12). Lack of parental education could make children fall prey to trafficking, while perceived low returns to education could also persuade families to send their children out to work often in unknown areas and in uncertain conditions. Relatively lower dropout rates among sample children (43 per cent) sit oddly with the high percentage of dropouts (almost 75 per cent) among trafficked children (Table 4.13 and Figure 4.5). It would be interesting to examine the extent to which a little education as compared to no education may be preferred by traffickers in terms of ease of putting children to work.

Table 4.12: Percentage Distribution of Trafficked and Total Children by Education of Parents/Guardians Education level of Trafficked parents of trafficked Percentage Total Children Percentage Children children Illiterate 161 25.2 968 11.9 Below Primary 217 34.0 4,867 59.9 Primary 159 24.9 1,462 18.0 Middle 84 13.1 614 7.6 High School 16 2.5 185 2.3 Graduate117 2 0.3 25 0.3 Total 639 100.0 8,121 100.0

Table 4.13: Percentage Distribution of Trafficked and Total Children by Education of Children Education level of Trafficked Percentage Total Children Percentage children Children Never enrolled 161 25.2 968 57.0 Dropped out 478 74.8 730 43.0 Total 639 100.0 1,698 100.0

STOLEN CHILDHOODS: 51 A Study of Child Trafficking in the Kosi Region of Bihar Chapter Four Childhood Conditions in the Kosi Region and Child Trafficking

Figure 4.5: Percentage Distribution of Trafficked and Total children by Education

Conclusion Low levels of education, high levels of poverty, lack of access to land and livelihoods, social discrimination, and widespread prevalence of child labour and child trafficking, characterise the situation in the state. In the Kosi region, poverty, widespread landlessness and marginalisation, low levels of education, overall abysmal levels of female literacy, and lack of employment options, all seem to combine to create a scenario of child trafficking and child labour. Interesting observations relate to the presence of OBC-II and APL children among those trafficked.

52 STOLEN CHILDHOODS: A Study of Child Trafficking in the Kosi Region of Bihar Chapter Four Childhood Conditions in the Kosi Region and Child Trafficking

End Notes 110 IHD. 2002: op cit. 111 Ibid. 112 This category includes the other backward castes and dominant Hindu castes, such as Brahmins, Bhumihars, and Rajputs among others. 113 OBC-II castes include better off middle castes, such as Yadavs, Kurmis, and Koeris among others. 114 The extent to which MNREGA would have reduced the need of the rural poor is not yet known and would need to be studied. In our sample villages, adult migration appeared to be a way of life and provided an option for adult males to earn away from their villages and help improve the overall conditions of their households. Implementation of MNREGA in Araria, a first phase NREGA district was tardy and needed considerable pressure from the grassroots for the state government to properly evaluate the implementation of the programme and look at its defects. Due to tardy implementation, people continued migrating to Haryana and Punjab. 115 BPL and AAY are categories of the poor in India, who are entitled to receive subsidised food as well as other essential commodities from the government. These categories are subject to change in terms of the levels at which they are pegged, but the purpose remains constant, which is to reduce poverty and malnutrition among those, who left to their own devices are unlikely to achieve food security. 116 Discussions with adults in the study villages revealed their disenchantment with schooling for their wards. Many from the SC and OBC groups felt that the quality of teaching was extremely poor and teacher attendance was tardy. With such schooling, children were unlikely to get work commensurate with the tag of being educated. Interestingly, minority members felt that with education government jobs would be available to Hindus only. Others felt that due to the poor quality of education, children idled their time away. Hence, it was better for them to get into employment at an early age. 117 Refers to parents who have completed college.

STOLEN CHILDHOODS: 53 A Study of Child Trafficking in the Kosi Region of Bihar Chapter Five Dynamics of Child Trafficking in the Kosi Region

Introduction This chapter looks at child trafficking in the region in detail. As discussed earlier, 20 villages in two districts were selected for the study, which are representative of the region in terms of its overall socio-economic conditions, extent of exposure to natural disasters, demographics, access to social and physical infrastructure and human development levels, patterns of employment and livelihoods, as well as migration. Chapter Four looked at the overall condition of these children and the levels of access that they had to education, health, and the overall resources required for achieving human development and growth. We found that children of the rural poor did not fare well in Bihar as a whole. In the region under study the rural, poor children fared badly, with very limited access to quality education, and a very strong likelihood of being put to work at an early age. Even though primary schools may be available within close proximity, the economic difficulties were so acute in rural areas The economic difficulties that children were made to leave education and work as child labour. Among these child workers, there were so acute in rural was a strong potential for being trafficked and taken areas that children were away to remote destinations. We found that almost 8 per cent of the children had been trafficked, made to leave education among whom SC and OBC-I children were there in and work as child labour. significant numbers; so were Muslim children and children of OBC-II households. This chapter goes into the details of child trafficking through an analysis of the findings of the listing exercise and dwells on the sub-sample survey of households of trafficked children. In this chapter we examine: a) Backgrounds of trafficked children, b) Factors that are directly or indirectly related to their being trafficked, c) Sectors or types of work into which trafficked children are sent, d) The process of trafficking and the individuals involved in the process, e) Duration of trafficking, f) the experiences of children and their parents, g) Extent to which natural disasters can lead to significant increases in the incidence of child trafficking, and h) Their views on how to combat child trafficking through effective strategies. The points that are of particular significance include: i) Extent to which the trafficked children belong to economically and socially marginal sections of the community, as well as exceptions to this; is poverty the full story? ii) Gender breakdown of trafficked children; and iii) Extent to which: (a) Lack of viable livelihoods for adults, (b) Lack of access to assets, such as land and housing, (c) Low literacy levels of household heads/members, and (d) Indebtedness of the households, may act as push factors for child trafficking.

54 STOLEN CHILDHOODS: A Study of Child Trafficking in the Kosi Region of Bihar Chapter Five Dynamics of Child Trafficking in the Kosi Region

Key elements of the Palermo Protocol definition were used to identify the trafficked children. All the 639 children identified in the sample as having been trafficked had been sent out of their villages by their families for the purposes of working. What made this movement different from temporary child migration for the purpose of employment is that these children were mostly not accompanied by their natural guardians but handed over to third persons, to be controlled by them and put to work wherever possible. In most instances the children were completely dependent upon the agents/ contractors/employers during their journey away from home. Their persons were under the control of their employers and contractors. Their conditions of life, employment, wages, leisure, communication with families, and medical care were controlled by these persons. They could be abused, ill-treated, and deprived of food, rest, and medical aid; their wages were taken by the ‘contractors’. Remittances to their families were handled by contractors. There was absolute control over the persons of the children for the purpose of labour. All such instances have been taken as those of trafficking as they involve the recruitment of minors for the purpose of labour extraction and are based on the giving and receipt of advances and payments in lieu of the future earnings of the children which were thus pledged to the middlemen who took them away.

Legal Framework for Addressing Trafficking in India and the Problem of Defining Child Trafficking International legal instruments against trafficking in persons cannot be very effective unless they are translated into domestic laws. India has ratified most of the international conventions as well as regional ones related to the rights of women and children against bonded labour and against trafficking in persons. In India, the legal regime is based on the Indian Penal Code (IPC), 1860, the Indian Constitution, 1950, and the Immoral Traffic Prevention Act, 1956 (revised in 2006). IPC contains more than 20 provisions related to issues of trafficking and imposes criminal liabilities on offenders. The Constitution contains relevant provisions against human trafficking and these are reflected in various laws and legal provisions. IPTA is the main plank of the legal regime against human trafficking. Besides these, there is a slew of laws against bonded and forced labour, child labour, protection of SC/ST groups, prevention of child marriages, and prevention of organ trade. However, while all these impose criminal liabilities on offenders and profiteers, they do not define trafficking in persons per se. Therefore, there are no national guidelines for interventions or law enforcement for controlling human trafficking or preventing it from occurring. Moreover, these laws are ineffectively enforced and the penalties are not stringent enough to provide effective deterrents. It is also acknowledged widely that laws against forced and bonded labour are hardly enforced and have not been effective in preventing these offences. The existence of a large number of statutes on the subject also leads to differing ideas among law enforcers themselves and hence to spotty implementation of laws. The Bihar state government has come up with a number of anti-trafficking initiatives. However, most of them deal with sexual trafficking except for a few schemes, such as Samabal and PSS. These initiatives include: • Astitva: This is the Bihar action plan for preventing and combating trafficking of human beings and rehabilitation of the victims and survivors of trafficking. It is in its final stages of approval. Vulnerable areas of trafficking in Bihar have been mapped through a consultative workshop.

STOLEN CHILDHOODS: 55 A Study of Child Trafficking in the Kosi Region of Bihar Chapter Five Dynamics of Child Trafficking in the Kosi region

• The government is proposing the formation of an advisory body (as mandated under IPTA) at the district level. The Prevention of Immoral Trafficking (Bihar) Rules, 2007 has been drafted and is in the process of approval. Three AHTUs have been formed in the state by Bihar Police in which the District Welfare Officer from the Department of Social Welfare has been notified as one of the members. • The Government of Bihar is implementing various schemes and programmes to prevent and combat trafficking in women and children, including • Nari Shakti Yojana – Designed with the aim of supporting women to achieve social, cultural, and economic empowerment. The main components of the scheme are economic, social, and cultural empowerment. The social empowerment component contains a number of programmes for prevention and rehabilitation of victims of trafficking. • Helplines and Short Stay Homes – These provide an immediate support structure to women in distress. It is proposed to set up short stay homes in all districts to provide protection to victims, meet their basic needs like food, clothing, shelter, legal advice, and psychological counseling and for providing them vocational training. All the districts will have helplines linked with short stay homes. • Protective Homes – One protection home in the state capital, Patna, has been sanctioned. It will be equipped to cater to the needs of the victims of trafficking and will also provide training to promote social and economic rehabilitation of residents. • Social Awareness Programmes – Various programmes are being organised to create awareness on prevention of trafficking and other related social issues like child marriages and female foeticide. • Social Rehabilitation Fund – Has been created to provide interim relief and financial support for social and economic rehabilitation of the victims of trafficking and domestic violence. • Women State Information and Resource Centre – To conduct studies, evaluations, and monitoring of women related schemes that are being implemented in the state, to organise capacity building programmes on a regular basis, and to prepare a resource base on various women related issues. • Mukhyamantri Kanya Vivah Yojana – Will be implemented by the Department of Social Welfare, Government of Bihar and would address child marriages, fake marriages, and trafficking. • Psychosocial Support Programme (PSS) – In 2007, PSS was undertaken by the Directorate of Social Welfare in collaborati on with UNICEF in two districts of Bihar as a pilot project. This programme resulted in bringing a number of children back to normalcy, increased enrolment in schools, and led to the prevention of trafficking. • Sambal – In the aftermath of the 2008 floods the Directorate of Social Welfare, Government of Bihar, undertook Sambal as an emergency response. The major components of this programme are reunification of separated families and children, prevention of trafficking, monitoring protection issues, and psychosocial support to flood victims. Through IEC material, large-scale awareness on the issue of trafficking is being spread for its prevention. However, the outreach of these programmes in the region under study has not been effective in dealing with the widespread practice of recruiting children for labour away from their villages as part of the survival strategies of rural poor households.

Those Who Are Trafficked The reasons for children being trafficked are given in Table 5.1 and Figure 5.1. Underemployment of adults in the village was the most frequently cited reason in the detailed household survey. Another important factor was lack of participation in education by children with parents considering it better to send them out of the village to work. Health related crises and expenditure leading to indebtedness

56 STOLEN CHILDHOODS: A Study of Child Trafficking in the Kosi Region of Bihar Chapter Five Dynamics of Child Trafficking in the Kosi Region

Table 5.1: Reasons for Trafficking Reasons Number Percentage Family loan/debt 49 7.7 Underemployment of adults in the village 404 63.2 Prolonged illness of earning members 21 3.3 Natural disaster 4 0.6 Child is not going to school hence better to work 92 14.4 Child lost parents 25 3.9 Ran away (no specific reason) 40 6.3 Others 4 0.6 Total 639 100.0

Figure 5.1 Reasons for Trafficking

were some of the other factors. It is clear that for poor households where adults had inadequate livelihood options, their subsistence strategies included sending away their children to earn for the family. However, in this process the children lost control of their lives to middlemen who took them out of their villages and negotiated their employment for monetary gains. Then again, most of the trafficked children were sent with third parties, including agents, contractors, and employers. Among the households that had trafficked children, it was interesting to see that most were composite households with only a few female headed ones. There were 578 households out of the total sample of 4,111 that had one or more trafficked child.The rate of trafficked children per household of trafficked children was 1.11. The fact that the per household rate of trafficked children among households of such children is higher than one indicates that there are some households, which have even more than one child trafficked. This in turn also shows the magnitude of this phenomenon in the region. From these 578 households, 411 households were selected for a detailed sub-sample survey based on the respondents’ willingness to be part of such a detailed survey. It is important to note that some of these households also had more than one trafficked child. The total number of trafficked children in this sub-sample study was 443, which also works out to 1.08 trafficked children per trafficked children household sub-sample which is close to the ratio in the larger sample. Among the 411 households,

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Table 5.2: Household Headship among those with Trafficked Children Percentage of Trafficked Total Household Head Trafficked to Total Household Households Households Male Headed Household 373 3958 9.4 Female Headed Household 38 153 24.8 Total 411 4,111 10.0

a majority (373) were male headed while 38 were female headed. As per Table 5.2 it is important to note that among a total of 153 female headed households, a quarter of the households had trafficked children (24.8 per cent). This is significant in the overall context of poverty and adverse gender relations in rural Bihar. Female headed households are characterised by lack of adult labour power, higher than average dependency ratio, overall insecurity, and lack of access to social and other forms of capital. Unsafe child migration that turns into trafficking is one of the means used to improve income security by households. Table 5.3 provides insights into the social composition of the households which had trafficked children. While Hindu households were in a majority, Muslim households were slightly more than one-fifth of the total. OBC-I and OBC-II households were in significant numbers (33 per cent and 36 per cent of the total OBC-I and II households in the sub-sample). Twenty-four per cent of the total SC/ST households in the sample had trafficked children. Varying levels of poverty and lack of viable livelihood options contributed to trafficking of children for labour exploitation. Then again, if we look at the poverty levels of these households we find that BPL and AAY households constituted more than half of the households with trafficked children (62 per cent). But children from APL households who constituted approximately 25.5 per cent of the 411 households were also trafficked. This highlights the vulnerability of the so-called above poverty groups that often teeter at the brink of the poverty line, and a single crisis can bring them into the ranks of the poor. Another issue that needs further research relates to the widespread acceptance of child labour as a way of life across society. This may be at the root of the propensity of families to trade their children’s lives and labour for their earnings, and make their work acceptable and even appear legitimate to those who employ them. After analysing the detailed economic status of these households (Table 5.4) we find that 258 (63 per cent) of the households with trafficked children were landless. Combined with the near landless Table 5.3: Social Composition of Households with Trafficked Children Number of Percentage of Households Households Hindu 320 77.9 Religion of HH Muslim 90 21.9 Others 1 0.2 SC 97 23.6 OBC-I 137 33.3 Social class of HH OBC-II 148 36.0 General 29 7.1 APL 105 25.5 BPL 213 51.8 Card type AAY 42 10.2 No card 51 12.4 Total 411 100

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Table 5.4: Economic Conditions of Households with Trafficked Children Number of Percentage of Households Households Agriculture and allied (Livestock/Horticuture/ 301 73.2 Fishing/Poultry) Agriculture based manufacturing 4 1.0 Non-agriculture based manufacturing 16 3.9 Textile/ Garments 4 1.0 Main occupation of Construction 30 7.3 HH Wholesale and retail trade and restaurants and 17 4.1 hotels Transport, storage and communication 28 6.8 Community, social and personal services 6 1.5 Others 5 1.2 Landless 258 62.8 Near to landless 76 18.5 Marginal 48 11.7 Land Category Lower Medium 20 4.9 Higher Medium 8 1.9 Large Farmer 1 0.2 and marginal farmer categories these constituted a majority of such households. Poverty, lack of assets, and income and food insecurity of such households was quite high. Child labour was a part and parcel of their survival strategy that often turned into trafficking of the children sent out apparently as ‘migrant labour’. Some children from ‘better-off ’ households ended up being trafficked. This can be related to the growing fragmentation of land, insecurity of agriculture, impacts of droughts and floods, and lack of other employment options which are characteristic of the region and of the state as a whole. This could also be due to the cultural acceptance of child labour. Most of the households with trafficked children were in agricultural and allied employment (74 per cent), a fact that ties in with lack of adequate employment in agriculture, low returns from rain fed agriculture, and other related aspects that speak of a loss of viable livelihoods and the need for migration in search of options. Table 5.5: Highest Educational Levels of Households which were illiterate or Household Heads/Members with low educational levels (45 per Number of Percentage of cent) dominated the households Households Households with trafficked children (Table 5.5). Not literate 40 9.7 Among these, households illiterate or Literate without formal 18 4.4 with incomplete primary education education predominated; while 28.7 per cent Literate but incomplete primary 129 31.4 of the households had only primary Primary 118 28.7 education. Middle 66 16.1 Delving deeper into the socio- economic conditions of households Secondary 31 7.5 with trafficked children, Table 5.6 Higher secondary and above 9 2.1

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Table 5.6: Education Level of Studied Population (>5 years) Male Female Total Stages Number Percentage Number Percentage Number Percentage Illiterate 440 34.6 460 58.4 900 43.7 Below primary or 415 32.7 220 27.9 635 30.8 informal education Primary 229 18.0 79 10.0 308 15.0 Middle school 123 9.7 22 2.8 145 7.0 High school 44 3.5 5 0.6 49 2.4 Higher secondary/ 15 1.2 1 0.1 16 0.8 Intermediate/10+2 Vocational courses 3 0.2 1 0.1 4 0.2 Technical/ management 1 0.1 0 0.0 1 0.0 without degree General graduate 1 0.1 0 0.0 1 0.0 Total 1271 100.0 788 100.0 2,059 100.0

shows that among these households, illiteracy among men (34.6 per cent) and women (58.4 per cent) was high. A smaller percentage of women was also educated as compared to men in the below primary and primary education levels. The percentage of households with members who had no or very low levels of education was as high as 74 per cent. In terms of the occupational distribution of members of such households, casual workers in agriculture (33 per cent men and 52 per cent women) dominated. Casual non-agricultural activities were prominent among men (30 per cent) but not among women (Table 5.7). While other types of workers were also represented, they were fewer in number. Data points towards the underemployment of workers, lack of regular incomes, and poverty which contribute to the vulnerability of such households and the strong likelihood of their children being sent into labour which can turn into trafficking. The practice of attached labour was on the wane even among the rural poor. Instead, migration offered more choices but it could turn into risky situations leading to trafficking. Analysing the profiles of household members by their worker/non-worker status by headship is revealing (Table 5.8). Among male headed households, 516 children (among children of 5-17 years of age), were found to be working (45.8 per cent). Among female headed households, the percentage was higher at 59.8 per cent. Among male headed households, there were 668 workers (85 per cent) and 15 per cent non-workers among adults in the 18-59 years age group. Among female headed households there was higher worker status among members (87 per cent) and low percentage of non-workers (13 per cent). Even among the 60 years plus group, work participation was high at 88.5 per cent for male headed households and 83.5 per cent among female headed households. Further analysis of household data regarding workers by religion shows that among Hindu households, 48.3 per cent of the children (5-17 years) were workers, while among Muslim households this figure was 42.3 per cent. This shows the high levels of child labour among households having trafficked children. For adults (18 years and above), the percentage of workers among Hindu households was 89.1 per cent and among Muslims it was 71.8 per cent. Among Hindu adults, non-workers were 10.9 per cent, and among Muslims, it was 28.2 per cent (Table 5.9). A further analysis of the extent of child labour by caste among the households (Table 5.10), shows that among all caste groups, 45-50 per cent of the children were working. Among adults, there was a high ratio of workers ranging between 82-95 per cent.

60 STOLEN CHILDHOODS: A Study of Child Trafficking in the Kosi Region of Bihar Chapter Five Dynamics of Child Trafficking in the Kosi Region

Table 5.7: Percentage Distribution of Working Population by Type of Work Male Female Total Work category Number Percentage Number Percentage Number Percentage

Self Employed (Owner) 59 6.6 32 25.2 91 9.0

Helper in Household 5 0.6 7 5.5 12 1.2 Enterprise Casual Labour in Agricul- 292 32.9 66 52.0 358 35.3 ture Casual Labour in 263 29.6 2 1.6 265 26.1 non-Agriculture Long term Attached 2 0.2 0 0.0 2 0.2 Labour Salaried 53 6.0 1 0.8 54 5.3 Individual Service 9 1.0 2 1.6 11 1.1 (jajmani/caste occupation) Micro-enterprises 53 6.0 16 12.6 69 6.8 (agriculture allied activities) Micro-enterprises 14 1.6 0 0.0 14 1.4 (non-agriculture) Big business/trade/ 52 5.9 0 0.0 52 5.1 construction Part-time worker in 3 0.3 0 0.0 3 0.3 HH industry Factory worker 83 9.3 1 0.8 84 8.3 Total 888 100.0 127 100.0 1,015 100.0

Table 5.8: Number and Percentage of Workers by Sex of Household Head

Age Worker/ Male Headed Female Headed group Non-worker Number Percentage Number Percentage Worker 516 45.8 52 59.8 5-17 Non-worker 611 54.2 35 40.2 Worker 668 85.0 40 87.0 18-59 Non-worker 118 15.0 6 13.0 Worker 46 88.5 5 83.3 60+ Non-worker 6 11.5 1 16.7 Worker 1,230 62.6 97 69.8 Total Non-worker 735 37.4 42 30.2

Table 5.9: Number and Percentage of Workers by Religion of Household Head

Age Worker/ Hindu Muslim Percentage group Non-worker Number Number Percentage Worker 433 48.3 134 42.3 5-17 Non-worker 463 51.7 183 57.7 Worker 616 89.1 140 71.8 >17 Non-worker 75 10.9 55 28.2 Worker 1,049 66.1 274 53.5 Total Non-worker 538 33.9 238 46.5

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Table 5.10: Number and Percentage of Workers by Caste of Household Head Age group 5-17 Age group >17 Total

Social class of HH Worker Non-worker Percent worker Worker Non-worker Percent worker Worker Non-worker Percent worker SC 133 163 44.9 188 9 95.4 321 172 65.1 OBC-I 177 221 44.5 246 57 81.2 423 278 60.3 OBC-II 217 219 49.8 281 55 83.6 498 274 64.5 General 41 43 48.8 44 10 81.5 85 53 61.6 Total 568 646 46.8 759 131 85.3 1327 777 63.1

Table 5.11: Number and Percentage of Workers by Land Size Land Size Age group 5-17 18 and above Total Worker Non-worker Percent worker Worker Non-worker Percent worker Worker Non-worker Percent worker Landless 353 427 45.3 471 70 87.1 824 497 62.4 Nearly landless 100 111 47.4 138 23 85.7 238 134 64.0 Marginal 60 74 44.8 85 23 78.7 145 97 59.9 Lower Medium 34 23 59.6 39 9 81.3 73 32 69.5 Upper Medium 18 7 72.0 25 5 83.3 43 12 78.2 Large 3 4 42.9 1 1 50.0 4 5 44.4 Total 568 646 46.8 759 131 85.3 1327 777 63.1 Among landless households, 45.3 per cent of the children were workers. Similarly, among near landless and marginal households, child labour was widespread at 47.4 and 44.8 per cent respectively. There were high levels of work participation by adults among all these categories as well (Table 5.11). Similarly, when looking at the type of Table 5.12: Percentage Distribution housing available to households with of Households by Type of Housing trafficked children the quality of housing was House Type Number Percentage extremely poor and temporary with bamboo Pukka 25 6.1 or thatch walls and tin or thatch roofing for Semi-pukka 28 6.8 most of them. Eighty-five per cent of the Kuchha 26 6.3 households out of a total of 411 households Bamboo wall and tin/roof 200 48.7 with trafficked children had very poor quality housing. A few (26) had semi-pukka houses Thatched 130 31.6 (7 per cent), and a few others (6 per cent) had Others(specify) 2 0.5 pukka houses (Table 5.12). Total 411 100.0 When looking at ownership of homesteads (Table 5.13), it is significant that most SC households did not own their homesteads. Less than half of the SC households owned their homesteads, and a majority of them had built thatch houses on aam mazarua and gair mazarua aam land.118 Among OBCs of both categories, ownership of homesteads was far more common, with more than 86 per cent owning their own homesteads. The quality of housing was poor amongst most such households, but the OBCs had the overall security of ownership of their homestead land, and were not exposed to insecurity on

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Table 5.13: Percentage Distribution of Households by Ownership Status of Homesteads Gair Aam Provided by Social class of HH Owned Total Mazarua Mazarua Others SC 42.3 29.9 27.8 0.0 100.0 OBC-I 89.1 2.2 6.6 2.2 100.0 OBC-II 87.8 7.4 1.4 3.4 100.0 General 89.7 6.9 0.0 3.4 100.0 Total 77.6 10.9 9.2 2.2 100.0 that basic issue. More than 98 per cent of the households did not have access to sanitation facilities. However, a majority had access to safe drinking water thanks to the state government’s programmes to provide adequate safe water to all villages. We looked for evidence of indebtedness among households who had trafficked children in order to understand the extent to which this may be a significant factor in households deciding to send their children to work in more lucrative jobs than those that may be available closer home. Among 373 male headed households, a majority (232, 63.2 per cent), were indebted (Table 5.14). Among female headed households (38, 71.1 per cent) were indebted. More Hindus (67.2 per cent) were indebted than Muslims (48.9 per cent). Indebtedness was higher among SCs (68 per cent), OBC-I (66.4 per cent), and OBC-II (59.5 per cent) households compared to others (48.3 per cent). Among the indebted households, clearly the ones below the poverty line tended to be in debt. The labouring households were also indebted. For most of the indebted households the sources of credit were private, consisting of moneylenders and landowners. It is apparent from the data that most of these households were forced to choose private medical services rather than what is provided by the state. The reasons for this mainly have to do with lack of easy access to facilities and quality of treatment available in government services. The likelihood of expenditure for healthcare that needs to be undertaken privately by households is clear—35 per cent of the indebted households of trafficked children indicated that their borrowing was for health related expenditures (Table 5.15 and Figure 5.2). This opens up prospects of debt being incurred for treatment of ailments, and the resultant need to maximise incomes to meet debt servicing requirements as well as to supplement household incomes through the use of children as workers. Approximately 20 per cent of the households had borrowed for investments, while another 30 per cent had borrowed for meeting social expenditures like rituals and festivals. Most of the borrowing households had to pay high interest rates ranging from 75 to 85 per cent per annum. Table 5.16 shows that RMPs along with private MBBS doctors were used by a large majority of the households who had trafficked children. Health costs and resultant indebtedness can be a contributing factor for the latter. Then again, it appears that varying levels of education do not make much difference in terms of the use of child labour as a subsistence strategy by households. While among the households with low levels of education, child labour was expectedly high at almost 50 per cent and more, among households with higher levels of education, use of child labour was unexpectedly even higher at between 50-72 per cent (Table 5.17). The acceptance that child labour could be utilised to improve household incomes and well-being appears to be widespread among all categories of households. Such an idea creates the background for child migration and trafficking. Adult migration was a way of life in our area of study. More than 40 per cent of the households had adults working as migrant labour. OBC-I and OBC-II households showed the highest propensity for migration followed closely by SC households. While approximately 30 per cent of the adults had migrated by themselves, almost 50 per cent had been accompanied for the first time by acquaintances. It is interesting to note that more than half of the migrants from the forward castes often migrated

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Table 5.14: Percentage of Households by Indebtedness Percentage of Indebted Total Variable Sub-variable Indebted Households Households Households Male Headed 232 373 62.2 Sex of HH head Female Headed 27 38 71.1 Hindu 215 320 67.2 Religion of HH Muslim 44 90 48.9 SC 66 97 68.0 OBC-I 91 137 66.4 Social class of HH OBC-II 88 148 59.5 General 14 29 48.3 APL 66 105 62.9 BPL 142 213 66.7 Card type AAY 26 42 61.9 No card 25 51 49.0 Self Employed (Owner) 195 301 64.8 Helper in Household 3 4 75.0 Enterprise Causal labour in agriculture 9 16 56.3 Causal labour in 3 4 75.0 non-agriculture

Long term attached labour 1 3 33.3 Main occupation of HH Salaried 15 30 50.0 Individual service 8 17 47.1 (jajmani/caste occupation)

Micro-enterprises 18 28 64.3 (agriculture allied activities)

Big business/trade/construction 5 6 83.3

Factory worker 2 2 100.0

Total 259 411 63.2

on their own; more SC and OBC migrants were accompanied by acquaintances. This speaks about access to labour market information that forward castes have as compared to SCs and OBCs, who may need introduction to potential employers through acquaintances who have already navigated the sea of migration. This is significant as these acquaintances act as sources of information as well as providers of entry into jobs. As long as this remains on the basis of social ties of trust, it is potentially beneficial for the migrants. However, when this degenerates into control over the person of the first time adult migrant for gain, it can lead to human trafficking. Most of the adult migrants preferred to go to Punjab, Delhi, and Haryana as these states offer a greater variety of jobs and more remunerative wages than other areas. A few migrant workers found work within Bihar. Most adult migrants found work in agriculture (36.2 per cent) and construction (24 per cent). Non-farm activities absorbed almost 17 per cent of adult migrant workers.

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Table 5.15: Purpose of Loan Purpose Social class of HH Consumption Investment Health Social Other (Food & Non-food) SC 7.6 43.9 37.9 9.1 1.5 OBC-I 22.0 34.1 26.4 14.3 3.3 OBC-II 25.0 25.0 33.0 10.2 6.8 General 21.4 57.1 14.3 0.0 7.1 Total 19.3 34.7 30.9 10.8 4.2

Figure 5.2: Purpose of Loan taken by Trafficked Children’s Households

Table 5.16: Percentage Distribution of Households by Type of Health Facilities Accessed (Multiple Choice)

Social category Community Community Health Centre Primary health centre(PHC) Sub-centre Private doctors (MBBS) Ayurved/ homeopath RMP/Quack ANM/ASHA Others Total Household

SC 8.2 48.5 16.5 72.2 1.0 97.9 19.6 2.1 97 OBC-I 7.3 31.4 10.9 70.8 3.6 95.6 2.9 8.0 137 OBC-II 14.9 23.6 20.3 75.0 2.0 98.0 6.8 4.1 148 General 27.6 13.8 20.7 79.3 3.4 96.6 6.9 0.0 29 Total 11.7 31.4 16.3 73.2 2.4 97.1 8.5 4.6 411

Among the households studied who had trafficked children, the total number of children in the 5–17 years age group was 1,336. Of these, 443 children were deemed trafficked (>33 per cent). One of three children among all children in the trafficked children’s households was trafficked. Among SC households with trafficked children, 31.9 per cent of the children were trafficked. Among higher social categories the percentages were higher (Table 5.18). In male headed households 32 per cent of the children were deemed to be trafficked, while in female headed households this percentage was relatively higher at almost 48 per cent of the children. Hindus and Muslims were both given to sending children away to work in risky circumstances. While 34.6 per cent Hindu children of such households were trafficked, 29.1 per cent Muslim children were found to be in similar circumstances.

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Table 5.17: Number and Percentage of Workers/Non-workers by Highest Level of Education Age group 5-17 Age group >18 Total

Highest education level Worker Non-worker Percent worker Worker Non-worker Percent worker Worker Non-worker Percent worker Not literate 53 43 55.2 59 15 79.7 112 58 65.9 Literate without formal educa- 24 13 64.9 26 5 83.9 50 18 73.5 tion Literate but below primary 185 199 48.2 226 43 84.0 411 242 62.9 Primary 169 195 46.4 223 28 88.8 392 223 63.7 Middle 82 99 45.3 130 22 85.5 212 121 63.7 Secondary 47 49 49.0 66 10 86.8 113 59 65.7 Higher secondary/Intermediate 16 6 72.7 17 3 85.0 33 9 78.6 Not specified 2 2 50.0 2 0 4 2 66.7 Total 578 606 48.8 749 126 85.6 1327 732 64.4

Table 5.18: Trafficked Children among Children of their Households Total No. of Children Percentage of Trafficked Variable Sub-variable in Trafficked Children’s Trafficked Children Households Children Social class of HH SC 329 105 31.9 OBC-I 434 146 33.6 OBC-II 480 160 33.3 General 93 32 34.4 Sex of HH head Male 1,242 398 32.0 Female 94 45 47.9 Religion of HH Hindu 977 338 34.6 Muslim 358 104 29.1 Others 1 1 100.0

When analysing the patterns of decision making regarding a child’s migration it seems that in more than 56 per cent of the cases both the parents took the decision jointly, whereas in 23.7 per cent of the cases the children appeared to have decided by themselves to leave the village in search of work (as reported by the parents interviewed in the sending areas) (Table 5.19). It is obvious that these children would have taken this decision out of extreme pressure of poverty and lack of choices without any information about the place where they were being trafficked or the type of labour that they would be used for. Needless to say, that a child would not be able to take an informed decision in this regard. In case a child left the house on his own the risk of his being trafficked would be higher both on the way to the destination and while in search of work. It is important to analyse the identity of those who facilitate the children in the process of trafficking. In more than half of the cases of trafficking, it was known persons from within the village acted as agents/contractors and helped take the children away to work (Table 5.20). This is corroborated by evidence from FGDs and case studies wherein both parents and trafficked children recounted how

66 STOLEN CHILDHOODS: A Study of Child Trafficking in the Kosi Region of Bihar Chapter Five Dynamics of Child Trafficking in the Kosi Region

Table 5.19: Percentage Distribution of Trafficked Children by Decision Maker (Of Child’s Moving Out of the Village for Work) Both Father Total Social class of HH Father Mother Self Other Total & Mother Trafficked Children SC 7.6 10.5 53.3 25.7 2.9 100.0 105 OBC-I 5.5 6.8 68.5 17.8 1.4 100.0 146 OBC-II 9.4 12.5 50.0 27.5 0.6 100.0 160 General 6.3 21.9 43.8 25.0 3.1 100.0 32 Total 7.4 10.8 56.4 23.7 1.6 100.0 443

Table 5.20: Percentage Distribution of Trafficked Children by Relationship with the Person Who Accompanied Them Outside the Village

Social class of HH Parents members / Family relatives person Known the village from Agent Employer/ Self Others Total trafficked Total children SC 4.8 17.1 45.7 31.4 0.0 1.0 100.0 105 OBC-I 11.6 31.5 49.3 4.1 2.7 0.7 100.0 146 OBC-II 3.8 23.8 55.6 3.1 10.0 3.8 100.0 160 General 12.5 21.9 50.0 9.4 3.1 3.1 100.0 32 Total 7.2 24.6 50.8 10.6 4.7 2.0 100.0 443 they had been contacted by known persons from within the village who persuaded them to send the children to work outside the village. In 10 per cent of the cases, agents/contractors had come from outside the village to procure child workers. In 24.6 per cent of the cases family members/friends and in 7 per cent of the cases the parents facilitated the process. However, these parents and relatives left the children with the employer and went back to the village. The person of the child was effectively transferred to the employer for exploiting his labour and therefore even though the third party was not accompanying the child, they are also cases of trafficking. Then again, the ‘relative’ too was frequently just a distant relative, or a country cousin, who also doubled as a trafficker responsible for transporting a child to the workplace, as well as controlling his person and returns to his labour. There were instances of close relatives turning into traffickers for monetary gains when they put the children to work under arduous conditions that amounted to exploitation. The fact that the children were trafficked is bolstered by the fact that they were put to work in sectors in which child labour is illegal (Table 5.21 and Figure 5.3). Construction appeared to absorb the largest number of trafficked children (26 per cent). This is a sector where use of child labour is banned as per the Indian Child Labour Act. Agriculture was the second largest employer (13 per cent) though this is not a banned sector for child labour. Most children went to Punjab, Delhi, and Haryana, where agriculture is mechanised to a large extent. Children were also employed in hotels (11.7 per cent); this too is illegal. Using children in arduous loading/unloading operations and brick kilns too is illegal. There were many such instances where children were made to do work that was clearly beyond their strength and capacity, and against the law. But when has that stopped either employers or users of child labour? Such children fulfill all the conditions required to be deemed as being trafficked. In more than 60 per cent of the cases they were taken out of their villages, by third persons, their vulnerability as children was exploited, their person was submitted to the employer, their labour exploited, and they were put to work in jobs in which use of child labour is banned, or where

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the work process itself is arduous and Table 5.21: Trafficked Children by Type of Work beyond children’s abilities. But trafficked No. of Percentage Sector children are preferred for labour as they Children of Children are vulnerable, pliable, and cheap! Construction 113 25.5 Agricultural labour 58 13.1 We tried to find out whether people Textile/cloth shop 7 1.6 felt that traffickers had increased their Baldari (measuring goods) 23 5.2 operations after the 2008 floods. As Table Loading/unloading 31 7.0 5.22 shows, almost 60 per cent of the Needle factory 5 1.1 SC households which responded felt that Sports factory 5 1.1 there was an increase in the activities of Packing work 8 1.8 persons coming to the villages to persuade Grocery shop 9 2 parents/guardians to allow their children Sawmill 18 4.1 to go out to work after the floods. Given Hotel work (kitchen) 52 11.7 the fact that SC households are landless or Cotton factory 10 2.3 Tailoring 18 4.1 near landless, with a great deal of poverty Iron factory 5 1.1 and insecurity, such potential traffickers Domestic servant 9 2.0 would approach them after the floods, as Brick kiln (chimni bhatta) 5 1.1 they would have suffered further loss of Bakery 11 2.5 assets and livelihoods, and might prove Cloth mill 7 1.6 to be fertile grounds for such persuasion. Garage 6 1.4 OBCs in general were also approached by Others 43 9.7 such persons but to a lesser extent. Total 443 100

Parents/guardians of trafficked children Figure 5.3: Trafficked Children were asked whether they were aware of by Main Type of Work the identities of the persons who came in larger numbers after the floods to try to take children out of the village for work (Table 5.23). Contractors or people who were ‘mates’ in worksites were a significant group that played such a role. In the case of SC households, these mates were more than half of such ‘agents’ (53 per cent), whereas for OBC-I and II, acquaintances and relatives played this role to a larger extent (57.4 per cent). Known contractors from destination areas also approached OBC households to procure their children as ‘migrant’ child workers. Table 5.22: Increase in the Number of Traffickers When asked if parents or guardians had Approaching Households after the Floods received cash in lieu of sending their (percentage) children out of the village to work (Table Social Class of Households Percentage of Households 5.24), 27.8 per cent SC parents said that on average they had received SC 59.8 Rs 2,000. Among others, most parents OBC-I 28.5 denied receiving any cash advances. On OBC-II 24.3 the whole, only 9.7 per cent parents General 27.6 admitted to having received cash. Total 34.3 This could be because a majority of the N = 141

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Table 5.23: Parents’ Awareness about the Identity of Persons Who Came to Village after the Floods

Social class of HH Relatives/ friends/ fellow friends/ fellow Relatives/ men village the A person from but known destination, some social through contacts the A person from but destination, unknown completely Contractor/mate Others Total Household Total SC 44.8 1.7 0.0 53.4 0.0 100.0 58 OBC I 76.9 12.8 0.0 10.3 0.0 100.0 39 OBC II 55.6 13.9 2.8 16.7 11.1 100.0 36 General 62.5 0.0 0.0 37.5 0.0 100.0 8 Total 57.4 7.8 0.7 31.2 2.8 100.0 141

Table 5.24: Percentage of Household Who Received Money in Lieu of Sending Their Child/Children Out of the Village to Work and the Average Amount Received Percentage of HH receiving any money in Average Social Class of HH lieu of sending child/ amount taken children out of the village to work (in Rs) SC 27.8 2,000 OBC-I 3.6 1,200 OBC-II 4.1 1,500 General 6.9 2,000 Total 9.7 1,830

Table 5.25: Number and Percentage of Households Who Know Where the Trafficked Children Live at Destination Percentage of HH who Social Class of HH Total Households know where the child lives at destination SC 97 99.0 OBC-I 137 97.8 OBC-II 148 99.3 General 29 96.6 Total 411 98.5 parents of trafficked children did not want to say that they had received money for sending their children. The average amount received was Rs. 1,830. However, as we will see later, parents’ responses during the FGDs and case studies were significantly different, as several of them said that they had been given or were promised cash advances in lieu of sending their children to work outside the village. With regard to awareness, most parents said that they knew where their children were living (Table 5.25). Further, with regard to with whom and where the children were residing (Table 5.26), a significant number lived in slums in shared rooms, while between 21-45.8 per cent children belonging to different social groups lived in accommodation provided by employers; some lived in factory premises (2.5 per cent).

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Table 5.26: Percentage of Households Who Know Where the Children Live

Social class of HH Private home with members family extended or relative Household industrial unit Factory/workshop/ without workplace permission provided Employer accommodation platform/ Street/Railway flyover under bridge with others Without rent with Room in slum shared friends family/ extended village from Others Total

SC 1.0 1.0 3.1 45.8 0.0 0.0 47.9 1.0 100.0 OBC-I 3.0 3.7 0.7 36.6 0.7 2.2 48.5 4.5 100.0 OBC-II 4.1 2.0 3.4 26.5 0.7 5.4 51.7 6.1 100.0 General 10.7 0.0 3.6 21.4 0.0 3.6 60.7 0.0 100.0 Total 3.5 2.2 2.5 34.1 0.5 3.0 50.4 4.0 100.0

Almost 39 per cent of the children lived with fellow children (Table 5.27) making them vulnerable to ill-treatment and abuse, and of general neglect of their well-being; 28.5 per cent of the trafficked child workers lived with adults from their village or from a nearby village with whom they may have traveled from their homes in some cases. Fifty per cent of the children said that they lived with extended family members or with friends from the village. In rural Bihar, people treat an entire kinship clan as a family and it is in this context that the parents of these trafficked children used the word ‘family’. These family members or villagers can also be contractors or mates at the workplace. When asked about frequency/extent of contact with trafficked children (Table 5.28), a disturbingly high 59 per cent of SC parents said that they had irregular contact with their children. OBC-I (39.4 per cent) and OBC-II (44.6 per cent) households also said the same thing. Some children could not be traced by their parents. Among OBC-I, 1.5 per cent of the children were not traceable, whereas among OBC-II, 2.7 per cent were untraceable. Among forward caste children, 3.4 per cent were untraceable while 53.8 per cent of all the parents said that they were in regular contact with their trafficked children.

Table 5.27: Percentage of Household Who Know with Whom the Trafficked Children are Living at Place of Work

Social class of HH Alone Other extended members/ family relatives who are Friends not child workers children Fellow With adult co- villagers Others Total SC 0.0 16.7 1.0 46.9 29.2 6.3 100.0 OBC-I 5.1 28.7 0.0 33.8 29.4 2.9 100.0 OBC-II 4.8 19.9 2.1 39.0 26.7 7.5 100.0 General 0.0 24.1 6.9 34.5 31.0 3.4 100.0 Total 3.4 22.4 1.5 38.8 28.5 5.4 100.0

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Table 5.28: Percentage of Households by the Level of Contact with Trafficked Children at Destination Social Class of HH Regular Irregular Not traceable Total SC 41.2 58.8 0.0 100.0 OBC-I 59.1 39.4 1.5 100.0 OBC-II 52.7 44.6 2.7 100.0 General 75.9 20.7 3.4 100.0 Total 53.8 44.5 1.7 100.0

Table 5.29: Percentage of Households by Mode of Communication with Trafficked Children at Destination

Social Class of HH Contact them letters through Contact through phone employers Contact them through friends/ relatives/ (STD booth) member visit Family child once in a while Child has mobile phone Others Total agents’ phone agents’ Child contact family telephone through SC 1.1 3.2 17.0 72.3 0.0 6.4 0.0 100.0 OBC-I 9.8 6.8 26.5 37.1 0.0 19.7 0.0 100.0 OBC-II 2.9 5.1 11.6 65.2 0.7 12.3 2.2 100.0 General 0.0 7.1 14.3 57.1 0.0 17.9 3.6 100.0 Total 4.6 5.4 18.1 56.9 0.3 13.8 1.0 100.0

For a large majority of the children (Table 5.29), telephone contact with their parents depended on access to employers’ or contractors’ phones. Often the latter were from the same or nearby villages as the child workers. In only 12.3 per cent of the cases did the children possess their own mobile phones which bespoke a history of trafficked work as well as a certain level of savings and situational adaptation acquired by a child in negotiating to acquire a cell phone. Very few SC children possessed their own cell phones. We tried to find out the reasons why children had not returned to their villages after being trafficked. As Table 5.30 shows, between 58-65 per cent of the parents across all caste groups said that they were first-time migrants and would be able to come home after some more months. A disturbing 10 per cent overall and 20 per cent of OBC-I parents had no news of their trafficked children. Twenty-five per cent of the forward caste children had left with ‘friends’ but there was no news of them. The same was the case with 15 per cent of the SC children who had migrated. There was considerable uncertainty and fear among parents who had no information about their children. Approximately 10.6 per cent of the children were expected to return in the next agricultural season. Conditions of children at work: Only 5.1 per cent of the households said that their children got any recreation at the workplace. Parents claimed that children got holidays at different specifications, weekly, monthly, or annual (Table 5.31). They also said that children could come home at different frequencies. However, 28 per cent of the children were not allowed to go home (Table 5.32), but what was unclear was the actual frequency with which the children did get to go home. Thirty-four per cent of the parents said that the children could come home for festivals or weddings, whereas 25 per cent said that the children could come home once a year. Another 23 per cent stated that they may

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Table 5.30: Percentage of Households by Reasons on why Trafficked Children have not Returned Home

Social Class of HH First time . Will First time . after some return months more No information the child from Gone with a relative but missing after that Will come in season agricultural No leave to No interest come to village Economic burden when child returned Other Total SC 65.0 0.0 15.0 20.0 0.0 0.0 0.0 0.0 100.0 OBC-I 58.3 20.8 0.0 8.3 0.0 4.2 4.2 4.2 100.0 OBC-II 64.9 10.8 0.0 5.4 5.4 8.1 5.4 0.0 100.0 General 0.0 0.0 25.0 25.0 25.0 0.0 0.0 25.0 100.0 Total 60.0 10.6 4.7 10.6 3.5 4.7 3.5 2.4 100.0

Table 5.31: Specification of Holidays at the Workplace (per cent of households)

Social Class of HH Weekly holiday Weekly holiday Monthly vacations Annual and holiday Weekly vacations annual and holiday Monthly vacations annual No response hence Casual worker he likes whenever leave take Total SC 25.0 22.5 10.0 0.0 7.5 17.5 17.5 100.0 OBC-I 41.7 10.0 0.0 1.7 3.3 5.0 38.3 100.0 OBC-II 65.5 9.2 1.1 2.3 2.3 10.3 9.2 100.0 General 63.6 27.3 9.1 0.0 0.0 0.0 0.0 100.0 Total 50.0 13.1 3.0 1.5 3.5 9.6 19.2 100.0

Table 5.32: Percentage of Households where Children were Allowed to go Home for Vacations Casual Child Social Class of HH Yes No Total Labour* SC 46.3 26.3 27.4 100.0 OBC-I 48.9 26.3 24.8 100.0 OBC-II 48.0 30.4 21.6 100.0 General 58.6 24.1 17.2 100.0 Total 48.7 27.6 23.7 100.0 Note: *Casual labour. The children are employed as casual workers and if they go home they lose their wages.

come home every six months (Table 5.33). Too many trafficked child workers were not present in their villages during the study and in most cases they were expected in the future. But if we combine these responses with responses regarding those children of whom parents had no information, the picture gets less rosy and reality strikes home.

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Table 5.33: Percentage of Households’ Opinions about Children’s Freedom to go Home for Specific Reasons Social Class of HH Festivals and Marriages Half yearly Annually Others Total SC 23.8 29.8 40.5 6.0 100.0 OBC I 31.9 24.8 8.8 34.5 100.0 OBC II 43.9 12.9 31.8 11.4 100.0 General 29.6 40.7 22.2 7.4 100.0 Total 34.3 22.8 25.8 17.1 100.0 Source: Study Survey 2010. An overwhelming 96.6 per cent of the parents did not know Table 5.34: Percentage of of laws against child labour or trafficking (Table 5.34). Households Aware of the Law On the whole, only 3.4 per cent knew about such laws. Against Child Labour and Among SC parents only 2.1 per cent were aware that such Trafficking in India laws existed. Upper caste parents had better knowledge of Percentage of Social Class of HH these, but that did not prevent them from sending their HH minor children out of the village to work. Frighteningly, SC 2.1 more than 70 per cent of the parents opined that OBC-I 2.9 sending children away for work was inevitable (Table OBC-II 3.4 5.35). When asked why, 39.7 per cent said that the major General 10.3 factor was indebtedness of the family. Another 17.9 Total 3.4 per cent said that poverty was the cause (Table 5.36 and Figure 5.4). Table 5.35: Percentage of Outcomes of trafficked children’s labour for their Households Who Think Sending households: On the whole, 80 per cent trafficked Children Away for Work is children’s households said that their economic condition Inevitable Percentage of had improved because of the work done by trafficked Social Class of HH children. Among SC parents, 80.4 per cent felt that their HH economic condition had improved after sending their SC 63.9 children out of the village to work (Table 5.37). Similar OBC-I 85.4 levels of satisfaction with children’s contributions towards OBC-II 64.2 improving the lives of their families were felt by OBC-I General 58.6 (78.1 per cent), OBC-II (78.4 per cent), and forward Total 70.8 castes (89.7 per cent). A minority felt that there was no Table 5.36: Reasons of Inevitability of Sending Children Away for Work (per cent of households)

Social Class of HH Indebtedness Poverty Economic improvement Employment to Child appear earning age No adult earning member in the family Other Total SC 40.3 19.4 3.2 30.6 1.6 4.8 0.0 100.0 OBC-I 43.6 10.3 12.0 31.6 1.7 0.9 0.0 100.0 OBC-II 41.1 23.2 10.5 23.2 0.0 1.1 1.1 100.0 General 5.9 35.3 5.9 52.9 0.0 0.0 0.0 100.0 Total 39.7 17.9 9.3 30.0 1.0 1.7 0.3 100.0

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Figure 5.4: Reasons of Inevitability of Sending Children Away for Work (per cent of household)

Table 5.37: Percentage of Households Who Witnessed Change in the Economic/ Living Status of the Family After Sending Child for Work Outside the Village

Social Class of HH Improved Not improved Percentage SC 78 19 80.4 OBC-I 107 30 78.1 OBC-II 116 32 78.4 General 26 3 89.7 Total 327 84 79.6

Table 5.38: Changes in Status of Family After Sending Child for Work Outside the Village (per cent of households)

Social Class of HH improvement in improvement economic condition loan repaid House construction/ repair participate in social ceremony health/education improvement - Purchase/improve ment of land Total

SC 71.8 14.1 6.4 3.8 2.6 1.3 100.0 OBC-I 64.5 25.2 5.6 0.0 1.9 2.8 100.0 OBC-II 70.7 13.8 5.2 7.8 1.7 0.9 100.0 General 42.3 11.5 30.8 3.8 3.8 7.7 100.0 Total 66.7 17.4 7.6 4.0 2.1 2.1 100.0

improvement even after the children were sent away to work. When asked in what ways the contribution of trafficked child labour helped, 66.7 per cent households said that their economic conditions had improved and 17.4 per cent households had repaid their loans with their children’s earnings. Others had built houses, spent money on social consumption, invested in health and educational development, and purchased/improved their land (Table 5.38).

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Table 5.39: Children and Health Issues (per cent of households) Frequent Total Number Social Class of HH Chest Pain HIV Fracture Total Illness of Children SC 50.0 50.0 0.0 0.0 100.0 6 OBC-I 78.6 7.1 7.1 7.1 100.0 14 OBC-II 54.5 36.4 0.0 9.1 100.0 11 General 100.0 0.0 0.0 0.0 100.0 1 Total 65.6 25.0 3.1 6.3 100.0 32

The outcomes of such migration and Table 5.40: Percentage Households which Know work on the health of children were About Abuse of Trafficked Children found to be negative—65.6 per cent of the 32 households which responded to Social Class of HH Percentage Number of HH this question said that their trafficked SC 22.22 42 children suffered frequent illnesses OBC-I 38.62 73 (Table 5.39), 25 per cent said that they OBC-II 36.51 69 complained of chest pain, while 3.1 per General 0.1 5 cent said they had contracted HIV/ Total 46.0 189 AIDS. This is disturbing as it raises questions regarding the real nature of migrant children’s employment. Table 5.41: Migrant Child Abused by Type (per cent of households)

The adverse impacts on the well-being of trafficked children is indicated by the extent of abuse faced by them during Social Class their stints as trafficked workers; 189 of of HH the 411 households of trafficked children of households (46 per cent) stated that they were aware Verbal Physical and Verbal both physical Total number Total that their children were subject to abuse SC 78.6 4.8 16.7 100.0 42 (Table 5.40). This knowledge was the OBC-I 83.6 1.4 15.1 100.0 73 highest among OBC-I households OBC-II 87.0 4.3 8.7 100.0 69 followed by OBC-II and SC households; General 60.0 20.0 20.0 100.0 5 13 per cent households reported that Total 83.1 3.7 13.2 100.0 189 their children were subjected to both verbal and physical abuse, while 83 per cent reported that they were verbally abused (Table 5.41). Of the 32 households who responded to the nature of physical abuse suffered by their trafficked children, 28.1 percent said that their children were beaten, 12.5 percent reported food deprivation, and 56 per cent said that their children were deprived of sleep (Table 5.42).

Table 5.42: Percentage of Physical Abuse Reported by Households Social Class Beating/ Food Sleep Total Others Total of HH Hitting Deprivation Deprivation HH who responded SC 55.6 0.0 44.4 0.0 100.0 9 OBC-I 16.7 8.3 75.0 0.0 100.0 12 OBC-II 11.1 22.2 55.6 11.1 100.0 9 General 50.0 50.0 0.0 0.0 100.0 2 Total 28.1 12.5 56.3 3.1 100.0 32

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Table 5.43: Number and Percentage of Households Who Opined that there is a Relationship between Child Trafficking and the 2008 Flood Social Class of HH Yes No Percentage Yes SC 59 38 60.8 OBC-I 68 69 49.6 OBC-II 85 63 57.4 General 9 20 31.0 Total 221 190 53.8

Figure 5.5: What are Your Suggestions to Reduce the Possibility of Children having to Migrate to Work (per cent of household) (Multiple Choice)

Only four households said that their children had been sexually abused. When they got to know this, three parents said that they had kept quiet and the other parent said that he had just consoled the child. When parents were asked if they were aware of any relationship between the 2008 floods and trafficking of children, 60 per cent of SC parents said that there was a direct link between the two. Among OBC-I households, 49.6 percent agreed to it and 57.4 percent parents in OBC-II households. Among forward castes, 31 per cent also agreed with this (Table 5.43). Households suggested that better employment for adults, education for children, greater protection for children, and more information and awareness generation for parents and children should be undertaken to combat child trafficking (Figure 5.5).

End Notes 118 These are public land not settled with tenants, and meant for use by the community for fodder and firewood collection among other purposes. Conflicts have often occurred in Bihar around the issue of control over this land.

76 STOLEN CHILDHOODS: A Study of Child Trafficking in the Kosi Region of Bihar Chapter Six Voices of Trafficked Children and Their Parents

Introduction In the last five chapters we used statistical information to convey the extent of poverty and deprivation that characterises the situation of the rural poor in Bihar as a whole, and in the Kosi region in particular. Our focus was on trying to understand the extent and nature of poverty in the region by studying a sample of the population in 20 villages in two districts. The child listing and detailed household survey discussed in the earlier chapters gave us data that provided us with a deeper understanding of poverty and what it means for the adults as well as the children of the area. However, given the sensitivity and secrecy that often surrounds child migration and trafficking, we felt that it was equally important to conduct more informal but equally rigorous research in order to collect qualitative information from within our sample villages and households. We carried out FGDs and one-on-one interviews with parents/guardians of trafficked children as well as with a few trafficked boys who had returned to their villages. The main objectives of this were to understand the actual process of trafficking, how it starts in places that are familiar to the children, namely, the home, school, and the village itself, persons involved in the decision making, and circumstances that surround the decision to send the children away from home to work. Further, we wanted to know from parents/guardians their feelings and reactions to such a decision and whether there was a difference in the way fathers and mothers thought of sending their children away from home. Other important questions related to the identity of the persons to whom the parents entrusted their children, information regarding their children’s employment and conditions of living and working during the process of migration that they were given prior to their agreeing to send the children out, what economic returns were they given/promised, frequency and mode of children’s contacts with their parents and how and when could the children return home. Moreover, once the children returned and narrated their experiences, to what extent were these details at variance with the information given to them prior to the children leaving home. Through the FGDs we tried to find out details surrounding the process of trafficking. We also enquired about the role of law enforcement agencies in the process and tried to find out from parents as to whether they would send their children away again knowing what awaited them. Lastly, what suggestions did the parents have for combating human trafficking, particularly child trafficking. Did they think that they had a role in protecting their children from being trafficked, and what role did they think should be played by state agencies in order to implement anti-child labour and human trafficking laws. Further, we conducted one-on-one interviews with the trafficked children who had returned to obtain first hand information about their experiences, traumas, and expectations from life and their future. Most importantly, we tried to find out if trafficked children who had returned to their villages would be trafficked again, and thus get caught in a trap of exploitation and abuse until they could finally break out of it, and what awaited them thereafter. We tried to learn their views on effective ways of combating trafficking and what they could do for this.

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Views of Parents/Guardians FGDs were conducted with parents of trafficked children in a variety of settings in villages in Khagaria district where flooding and standing flood waters are a regular feature and in villages in Araria where the 2008 Kosi floods had a devastating impact. The groups were gender specific with of 5-6 men or women. The FGDs were organised around the following questions: • What sort of socio-economic background did such households have? • Was it a ‘normal’ practice to send their children away to work in far-off destinations? • What were the circumstances that made the parents decide to send their children? • How did parents get into the process of unsafe child migration? • Who gave them information as well as inducements to send their children? • Was there any difference between fathers and mothers decision making regarding sending their children? • To what extent were female headed/managed households more prone to sending their children? • Did girls also go for migrant work? • What was the role of contractors and middlemen in the process of unsafe child migration? • When did migration turn into trafficking? • What happened during a child’s journey to the destination? • What was the role of the police and local village PRI officials? • What information did the parents have prior to their children leaving home regarding their destination, their wages, and conditions of living? • What was the level of contact that the children had with them and was it free and full? • What was the reality of their children’s lives at the destination? • Were their children abused? If so, how? • Were the children treated as bonded labour? • What was their reaction to information regarding their children’s sufferings? • How often did trafficked children return home? • Did they go back again into the same situation? • What was the link between floods and child trafficking? • Were the parents aware of the laws against child labour and human trafficking? • What can be done to prevent children from being trafficked? Do parents/local communities have any role in preventing/combating child trafficking? • What should be done by the state to combat child trafficking?

Structural and Personal Factors Behind Unsafe Child Migration FGDs with OBC and SC parents brought out both structural as well as personal factors leading to child trafficking. Structural factors had to do with ownership of land, and access to land, employment, education, and financial resources and the resultant food and income security. Without access to these, achieving well-being within the household was extremely difficult. Most of the cultivable land in these villages is owned by the upper castes or better-off sections of OBC–II castes. SCs/STs, OBC-I, and most Muslim households are in a situation of acute vulnerability. The structural factors in these villages are such that a majority of the population is left with no option but to migrate in search of work in order to survive. Age is no bar to migration and work seeking in these circumstances.

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The FGDs revealed a pattern of landlessness and near landlessness, lack of employment, and income and food shortages for more than six months per year. These villages in both the districts were flood affected. All the families who participated in the FGDs said that they were landless, and many did not own homesteads. In one village the state government had allocated gair mazarua aam land to landless SC households, and pattas had also been given. However, clashes had occurred between them and upper caste households who regarded the land that was common property, as their private property. Even today, caste barriers exist along with entrenched social attitudes. Upper castes cannot accept SC households owning cultivable land and becoming cultivators. As an elderly SC woman in one of the FGDs, said: ‘O sab hum sabke puranka malik chiyan. Unka sabke saath hum sab ke naukar malik ka rishta chai. Barabari na ho saki. AAj bhi unke bulawe par hum sab malik ke war par jayi chi.’ (‘They [the upper castes] are our old landlords. There is no question of equality between us. Even today if they call we go running to their doorsteps’). Only a few had received Indira Awas Yojana housing but the funds were not enough to complete the construction. Besides this, middlemen took away part of the money and they were powerless to resist. They were all entirely dependent upon agricultural labour which was available for only three months per year. Landholdings of the upper castes and OBC-II households were often fragmented and were operated as family farms. Most of the area was single cropped due to both the floods and droughts that recur and lack of irrigation facilities. Only in farms that had access to irrigation was multiple cropping possible. Family labour was used by cultivators except among the Brahmins and Rajputs. During peak seasons, these farms require labour, plenty of which is available. Wage rates are not near the minimum wages, and are partly paid in cash and partly in kind. By working in these farms, households are able to feed themselves for a maximum of about two to three months per year. They lack adequate food for the remaining 9-10 months. Female workers get paid half the male wages despite doing a full day’s work. These households may own a cow or some goats that they rear for milk. Lack of organised dairy infrastructure with well- organised cooperatives, and marketing links prevents them from developing animal husbandry as a source of livelihood. These casual labour households routinely face severe food shortages. They also do not have sufficient clothing to meet the requirements of all the members. Women told us that they were often compelled to share saris. If a female member had to go out, another one could not, as often they had just one proper sari which the two shared. There was also no guarantee that households would obtain 100 days of employment under MNREGA. Most families did not have job cards, and even for those who had them, the availability of work was limited. They had to negotiate MNREGA employment through a variety of middlemen/contractors/ local officials who managed to siphon off the funds. TPDS did not help them as commodities are siphoned off and dealers take away the cards of BPL and AAY households in order to get the commodities which are then sold in the black market. These flood-prone villagers are extremely vulnerable in terms of human development, face acute poverty and uncertainty of livelihoods, and have hardly any access to basic infrastructure and services. All these households face social deprivation at multiple levels, which combines social marginalisation, lack of assets and resources, food, and income poverty. For all these areas in the Kosi river system floods are a part of the annual cycle. Unsafe migration from the SC/ST, OBC-I, and Muslim households has

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become a part of their normal life cycle. Normally a large proportion of adult males and boys aged 11 years and more migrate to far away destinations in search of work. While the 2008 floods destroyed the homes and livelihoods of the affected villagers, and migration did increase as a result, it was not a new strategy, but an intensification of an existing one. Migration of children as young as 11 years had been going on even earlier and it carried on in the post-flood scenario as well. Structural causes of poverty and vulnerability combined with personal factors force households to send their children away with third parties to far away destinations.

As an SC woman, Gita Devi Sardar from a Village in Araria ’Gurbat men ham ki karab? Koshi nadi ke baarh mein sab kuch daha jaichi. Badh ke paani mein kuch bhina bacha saki.. Hum sab ke koi madadgar nahi chi. Bachha bahar na jaite ta parivaar mein rahkar ki khaite? baahar jaakar khaite, kamaiyte. Hum sab aaj bhi bundund par jhopdi mein rahaichi! Ahaan dekh liu! (‘What shall we do in such poverty? When the floods came, there was no one to help us. Overnight we lost everything, our home, cow, grain, clothing, everything. We took refuge in the camp and then on the old ‘bund’ and that is where we still live. The money given by the government was partly eaten up by the village officials and middlemen. So we have no recourse but to send our men and children away to work so that we may live. What will the children do at home? If they go out they can work and feed themselves [and feed us, sic]. We are still living in a hut on the embankment. You are welcome to go and see it’). These women clarified that mothers and fathers were equally responsible for sending their sons to work. However, daughters were not sent out of the village to work because of family prestige. Manoj Sada, an SC casual labourer from a Khagaria village said: ‘… The floods of 2008 were an unusual occurrence for the world at large (duniya ke liye). But for us, floods are an every day occurrence. Flood waters enter the village and there is standing water for at least three months every year. During these times, we get no assistance from the government. The local powerful people own everything, and take away everything that is meant to help us, and we can do nothing to stop this. We all go out to work and we send our children as well with contractors who get them work. Without the help of the government we will remain poor and our children will always be illiterate and child workers.’ In these households all members worked. Men and boys, women and girls traveled to nearby villages during the peak season to work. Women and girls were paid half of what the men earned. They also take up whatever work they can find in their own areas. Besides this, women and girls have domestic chores to take care of like fetching water, wood, and gathering what they can in terms of inputs for the food basket of the household. Men travel out in search of work to states, such as Punjab, Haryana, Rajasthan, Maharashtra, Gujarat, and Tamil Nadu. Personal factors that force households to send their children away are related to the structural factors of inequitable asset distribution and lack of infrastructure, access to financial capital, and the lack of development of the other sectors of the economy that can generate employment. Further, social discrimination based on caste and class as well as gender and institutionalised corruption too contribute to this. All these translate into inter-generational poverty at the household level, deep vulnerability, and dependence on the asset owning, influence wielding, and often corrupt local notables. Other personal factors that increase a sense of vulnerability and actual poverty include shocks, such as the loss of an earning member due to death, disability or desertion, female headed/managed households’ inability to meet income needs and maintain discipline among their children, lack of interest in education on the part of children, and inability to send children to school on account of inability to meet associated costs, indebtedness caused by health related expenditures, and social expenses related to marriages and other functions. Other personal factors relate to domestic violence practiced by adults over children, abuses by teachers in schools leading to children running away,

80 STOLEN CHILDHOODS: A Study of Child Trafficking in the Kosi Region of Bihar Chapter Six Voices of Trafficked Children and Their Parents peer group pressure, and the attraction of earning cash and living a better life with proper food and clothing in the minds of the children. A number of children aged 12 years and more, who witnessed extreme deprivation in their families felt duty bound to pitch in by working. Female headed/managed households were more prone to sending their sons away on risky migration leading to trafficking on account of their poverty and indebtedness and difficulties in managing the children in the absence of their fathers. Female headed households have less adult male workers and have to use their children’s labour to make ends meet. They are also approached by contractors with lucrative offers of employment for their sons, which they cannot turn down. In the minds of the poor children and their parents, spending time in school is a waste, as there is no regular teaching and the quality is poor. Besides by sending a child to school, there is no guarantee of a better life. Poor parents are unable to sustain their children’s education to a point that can actually translate into meaningful careers of growth. Poor parents and children both feel that there are added costs of uniforms, books, and tuition fees, which they cannot afford.

How Does the Process of Unsafe Child Migration Work and When Does it Turn Into Trafficking? All parents, both mothers and fathers in both the districts, confirmed that the decision to send out boys who were 10 years or older was taken by the elders in the family. This speaks about the social acceptance of the practice. Work opportunities in the village or its vicinity were only available in the peak season, and throughout the year in livestock related work and domestic work in upper caste households. Such work was not remunerative. These households were aware of the work opportunities available in a number of industries and services outside Bihar. They had already decided to send the boys away often prior to receiving any information or offers from third parties regarding the allocation of their children’s labour. When asked why they took such a decision, they stated that extreme poverty and food insecurity, as well as indebtedness made them do so. However, from their overall attitude, it was clear that no one found this to be a wrong decision. They all felt that it was better for their children to go out and start earning rather than wasting their time at home. Thus the decision that exposed the children to risks of trafficking originated at home. Regarding the parental decision making process on children’s unsafe migration leading to trafficking all the parents stated clearly that the third parties were contractors/ work mates/middlemen who either worked outside Bihar, or were in the business of providing cheap child workers to particular industries or other occupations. They offered cash advances ranging from Rs 500 to Rs 3,000 to the parents in lieu of the child’s earnings. They painted a rosy picture of the conditions at destination workplaces. They stated that the children would only do light work, and get paid well. They would be provided free food, clothing, and accommodation as well as medical care. They promised that the children would keep in regular touch with the families and they would remit money regularly. They pointed out all the benefits of sending the children away in terms of meeting consumption needs, debt repayment, meeting social expenditures, and overall a better life for all. When asked who these contractors were, the parents said that they were generally forward-caste or OBC members, who owned assets in the area. They had strong links with the administration and were influential.

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Thus, the poor parents felt that they could be trusted as they were well-off and well-connected, and had no reason to exploit their children. The parents did not have a clear idea of where the children were actually going and what they would be doing at their destination. They were also unclear about the conditions of their existence and how they would be in touch with them. They had no choice but to place their faith in the contractors to look after their children, and remit money regularly. These middlemen visited the villages during the off-season when employment was low and poverty and food shortages were high, and poor parents could be persuaded easily to send their children away. They used their knowledge of the outside world to influence poor parents, and posed as well-wishers, who were only interested in helping the families meet their expenses and clear off their debts. The issue that arises is that while parents send their children to work as migrant labour on account of their poverty and vulnerability, when does the process of the children’s migration turn into trafficking and who are the people involved in the process. While it may be said that parents are sending their children on temporary, short-term migration, and therefore should not be lumped together with traffickers, the facts that unfolded during our research indicate otherwise. Parents do not merely send their children away with some family members who are likely to look after them even when they are working with the children being at liberty to return home unscathed whenever they wanted. Parents were aware of the uncertainties that are These children are attendant upon their children’s lives once they left the village. They more often than not handed them condemned to spend their over to third persons. They received cash advances lives moving footloose in thereby pledging their children’s persons to the the labour market, with contractors, thus turning them into bonded labour. Parents of children who had thus been sent away no security against illness, continue to send their children away until such time unemployment, and death. as the children grow up and are able to decide for themselves. In the meantime however these children have remained illiterate or uneducated, and are thus condemned to spend their lives moving footloose in the labour market, with no security against illness, unemployment, and death. Another question that was discussed in the FGDs was the extent to which parents are aware of the journeys made by their children and the travails faced by them. The parents were able to tell us of the routes taken by the children based on accounts that they had heard from them. They went from the village to the nearest rail head at Katihar or Barauni. Children traveled by boat or walked and took buses to the nearest rail station from where they boarded trains for far off destinations. During their journeys they often had to hide under benches in order to escape detection by rail authorities. If they were confronted by the police they had to say that the contractors were their relatives. During the journeys, the children were given roasted gram to eat. Once they reached Delhi, they took further trains or buses to destinations in Haryana, Punjab, Jammu and Kashmir, Tamil Nadu, Maharashtra, Gujarat, and other states. Thus, by the time the children actually reached their destinations they were underfed and tired. They were also cursed and abused by the contractors if they asked for anything or asked questions. Hence, they had already been trafficked as they had been handed over by their parents to third persons in return for monetary gains with the contractors exercising absolute control over them once they left home in their company. They treated them as their property, to be used as they wished, and their persons were in their absolute control.

Types of Employment Living Conditions of Trafficked Children Parents only got sketchy information regarding what work their children did, and about their wages and living conditions from their children when they were in touch with them, or when they returned. The

82 STOLEN CHILDHOODS: A Study of Child Trafficking in the Kosi Region of Bihar Chapter Six Voices of Trafficked Children and Their Parents contractors were paid by employers for procuring the children and they negotiated their employment and wages. Often the children were put to work in brick kilns in West Bengal, Haryana, and other states. They worked in construction in Karnataka; in mining and quarrying, domestic labour, tea shops/hotels/restaurants, factories, loading and unloading in markets in Delhi/NCR and other areas; in Andhra Pradesh and in Karnataka they worked in water supply infrastructure projects; in Gujarat they worked in salt pans; and in rice and oil mills, glass blowing industry, agriculture, and leather factories in Tamil Nadu. Many of these areas of employment are included in the list of activities in which child labour is banned by the Child Labour Prohibition & Regulation Act, 1986. Children were also employed in zari and embroidery units in Delhi/NCR. These children were promised free accommodation and food at the time of leaving home. However, they had to live in their workplace or pay rent for poor accommodation provided by the contractors. They had to pay for their food and clothing as well. During illnesses, the contractors would deduct money for lost wages and for purchase of medicines. Poor quality treatment was meted out to them. With regard to remuneration, the child workers were paid a pittance to start with Rs 500-700 a month. Their wages were given to them through the contractors who deducted whatever they had given as advances to the parents, and other costs incurred by them for the children. They paid the children a small amount for expenses and kept whatever they wanted. The children were told that they were bonded Children were subjected to the contractors and had to do their bidding. They occasionally remitted some money to the parents to verbal and physical of the children in order to keep them satisfied. The abuse by contractors/ children had to work for 10-12 hours and longer if employers if they were there was pressure to complete orders. They were made to eat on the job, given a maximum of half an seen as not working hard hour to eat. They had no free time during their working or well. days as they had to cook for themselves after work. If they fell sick, they were not paid. Often they were laid off if they were ill. Contractors would then get them re-employed elsewhere and again treat them as bonded workers. Quite often the police or labour inspectors would carry out surprise inspections of factory premises or homes where the children worked. In factories and other workplaces, the children were smuggled out through side doors and kept away from sight until the hullaballoo had died down. Parents had limited contact with their minor children through telephone; this too depended upon the whims of the contractors. The contractors only allowed the children to tell their parents that they were well. Prolonged conversations may cause the children to feel homesick or divulge too much information to the parents who may on the off chance ask them to run away and get back home. Parents informed us that abuse was common. Children were subjected to verbal and physical abuse by contractors/employers if they were seen as not working hard or well, or regarded as malingering if they were tired or sick. Often the contractors/employers would get drunk and abuse the children. Injuries often resulted which were quickly treated and hushed up. In a few instances parents got to know that the children had been sexually abused and a few had contracted HIV/AIDS and other STDs. The reaction of the parents was one of muted shock, and then once they got over their shock, they told the children to forget their trauma and not to think of it. We asked them how they could keep quiet when they were told by their children of the abuses that they had suffered, particularly about sexual abuse and the parents’ reaction was that they were poor and the abusers were rich and powerful persons. Further, they could not complain against these persons as the complaints would never be taken seriously. The parents said that the police and local officials were in league with each other and they all benefited from sending the children out.

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When asked as to how often the children returned, the parents said that initially the children would be sent back after three to four months. Once back the children would be treated well by their families for a week or two, after which the same saga of deprivation would start and once again the children would be re-trafficked. In this second round of trafficking, children left home for longer periods of time, for 6-10 months and longer. We regard these children as being re-trafficked on account of their persons being in the control of the contractors and their parents being given cash advances in lieu of their children’s future earnings, thereby making them bonded to the contractors, their earning being controlled by the contractors, and their being subject to abuse by the employers/contractors. All of the latter occurrences in the lives of these children would adversely affect their future growth. Most of the parents said that they were illiterate or had little education and that they did not know about child labour and trafficking laws. However, they seemed to be reconciled to child labour and child migration. They regard it as inescapable on account of their poverty, their lack of food and clothing, and lack of hope of doing anything better. Employment opportunities were limited in their villages and so migration by males of all ages was essential. With regard to their children being trafficked as a result of their decision, they again appeared reconciled to it. They felt that when the children left home, they were bound to face difficulties. The contractor/trafficker appeared to be a saviour as he gave them cash advances, loans, and jobs to the children. Abuses faced by the children and their exploitation did not appear to be out of the ordinary for the parents. They could accept these as a result of their poverty and dependence on the locally powerful. Given such fatalistic attitude, it seemed difficult to think that the parents would even be envisaging a scenario where they could play a part in preventing child trafficking. However, we posed the question to them. They reacted by saying that they were at the bottom of society and would find it very hard to act against local powers, including against contractors. However, if a few things happened, they could act. The government would need to create employment opportunities for the rural poor by giving them land, cows, fisheries, and capital as well as training for setting up small enterprises. Without adequate employment opportunities for adults in the locality, it would be very difficult to prevent children’s migration and trafficking. Further, on account of the households of trafficked children being SCs, OBC-I,and Muslim groups, they would need to be organised by the state or by NGOs to be able to prevent children from leaving the villages without their families, and reporting on the absence of children who may have been smuggled out. They would also then be empowered enough to report about their children being ill-treated and abused, with identities of those abusing them being disclosed in order to enable prosecution. However, most parents felt that this situation was like a dream, considering the burden that history had created for them with their being economically and socially marginalised in the region for so long.

The Voices of Those Who were Trafficked The research teams conducted both FGDs and well as one-on-one interviews with trafficked boys who had returned home. Discussions with children centred around questions regarding the circumstances which made them leave their homes, their experiences while working outside, and the likelihood of their being re-trafficked. Discussions with children from Khagaria district showed that they belonged to extremely poor families who lived in thatch houses which lacked even basic sanitation. Their homes were destroyed every year due to floods. They suffered from malnutrition and food insecurity. Adults

84 STOLEN CHILDHOODS: A Study of Child Trafficking in the Kosi Region of Bihar Chapter Six Voices of Trafficked Children and Their Parents as well as children lacked proper clothing. Unemployment and underemployment were rampant. Even though there are primary schools in most of villages and there were also ICDS centres the functioning of these was erratic. School teachers were often absent, and even when they actually taught they ignored these poor students. They may be discriminated against even in the distribution of midday meals. Given this absolute poverty, adults and children think that migration to other states is the only option for them. Such households are approached by contractors looking to recruit child labour and offered cash advances and assurances of good jobs and well-being for their children. They appear like benefactors to the parents who readily agree to send the children away. Once the children leave home, they are trafficked as they are completely under the control of the contractor. Often these children are taken to Haryana where they work in rice mills. They are yoked to wooden planks like bullocks to the plough and made to turn the planks to grind the rice! They work up to 16 hours a day during peak times. They hardly get time to eat or rest. They have to stay in overcrowded rooms where they are subjected to sexual abuse. At the workplace they are often abused verbally, beaten and deprived of food and rest if they are seen as not working satisfactorily. They are often shifted around and made to work by the contractors in different enterprises in order to escape detection by the police and NGOs. Their meagre earnings were given to contractors who made deductions for food, shelter, and medicines and then sent some money to their parents. The children were told that they were the property of the contractor until the advance was fully realised by him. The boys were so innocent that they were amazed at the change in the personality of the contractor who appeared so benevolent while in the village, and so oppressive once out of it. One of the boys said: ‘Uh sab hamra sabke bandhua kahai chathin! Hamra mai ke paicha dele chahthin, aur jab tak uh sadha na jayi. Hum unla bandhua mazdoor chi!” ( They [the contractors] call us bonded labour as they have given loans to our parents, and until we are able to repay them, we are bonded to them.’) The boys were provided medicines if they fell ill, but if their illnesses turned serious, the contractors advised them to return home. Then they were forced to go back with almost no money to show for their time outside the village. The boys were often exposed to polluting dust particles and contracted asthma as a result. They are also exposed to substance abuse, and may have become indebted to drug dealers. When they went back to their villages, police and railway authorities tried to exploit them as they thought that the children were carrying their earnings with them. They tried to force them to pay bribes by asking them to produce voter ID cards, which the children being underage do not possess. Once the children returned home after four to eight months, they were feted and treated well as they were regarded as earning members by their households. In some instances they tried to resume education by re-enrolling in schools. However, after their earnings ran out, the same situation of deprivation reasserted itself. Often these children were married early, and once married the pressure to earn increased and they were completely in the control of the contractors who had given them cash advances for their weddings. They once again tried to migrate through contractors, hoping to get a better deal, and often ended up re-trafficked. It is only when they grow up and learn the ropes regarding the labour market and build their own social contacts that these child workers become grown footloose migrant labour, ever exposed to the vortex of migration, never knowing security. They would prefer not to leave their homes, and study and get training and employment locally. But that seems to be a pipe dream for these children. Case studies with trafficked boys show that aside from poverty, domestic violence and feelings of being uncared for also prompt children to leave home in order to earn outside the village. Poverty and sudden shocks leading to indebtedness also create circumstances for boys to be sent off with contractors. With unemployment rife in the area, households decide to send their boys out without consulting them. We have one case study of Abdul, who was repeatedly trafficked by his agricultural labour parents. They first sent him when he was 10 years old and was studying. He wanted to continue

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studying but each time he returned to the village and went back to school his parents sent him off with other contractors. Despite that Abdul was able to complete his Class V, after which he was unable to resist his parents’ pressure to leave. He has been repeatedly trafficked and now at the age of 17, feels that he knows the labour market well enough to move out on his own rather than with any contractor. Some of the other boys’ case histories show that they were subject to trafficking by contractors who treated them as bonded workers when they were very young. During these early years they were ill- treated, exploited, and often abused. They hardly managed to save much because the contractors deducted their wages for debt repayment, medical care, travel costs, and food and lodging expenses. It is only when the boys grew up that they were able to move through the migrant labour market on their own. However, their lack of development and education left them insecure for their entire lives which they spend moving from one worksite to another. They are always in the unorganised sector where they are deprived of any long-term gains. And back home, while their families use their incomes for debt servicing and consumption, they are caught in a groundswell of debt, poverty, poor education, and insecurity of livelihood and of life itself.

Conclusion Our interactions with both the parents of trafficked children and the trafficked children demonstrate that deeply entrenched power structures, concentration of land in the hands of the rural elite, lack of employment avenues due to the failure of the state to facilitate industrial development, widespread corruption and poor governance leading to the sorry state of education and health of the rural poor, repeated natural disasters, and lack of infrastructural development, have combined to create a situation where migration to other states in search of employment is a basic condition for survival. In this struggle to survive, children are grist to the mill of contractors and informal sector employers of cheap child labour. The rest falls into place neatly with the parents going along with the contractor/ employer nexus, handing over the control of their children to the contractors in lieu of cash advances. Therefore, while rural areas which are the sending communities may show sudden signs of ‘prosperity’ in terms of houses being repaired, debts being repaid, and dowries being paid, these are short lived as the children remain trafficked.

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Introduction In this report we analysed and discussed the issue of trafficking of children from the Kosi region of Bihar. We found it essential to situate the problematique within the larger backdrop of poverty, caste discrimination, and vulnerability on the one hand, and absence of any effective state action on any of these issues on the other. The rural poor are usually low caste landless labour who lack effective access to any productive assets other than their labour; they also have no effective access to financial, social, or human capital.119 They are often subject to social discrimination based on caste and/or religious status. In the Kosi region they are also subjected to the whims of nature, which unleashes droughts and floods with frightening regularity. Faced with natural disasters, the rural poor routinely get displaced from their homes which are often destroyed when flood waters enter their villages. Besides losing whatever they own in terms of a few material possessions, they also lose employment in agriculture as cultivated areas are covered under flood waters and the standing crops are destroyed. With droughts also occurring regularly, and lack of development Rural poor households find of irrigation, cropping intensity is low in the area. that they cannot survive by As a result, rural poor households who only have their labour to sell, find that they cannot even selling their labour as the survive by selling their labour as the wages are too wages are too low for them low for them to survive en famile. The poor also to survive en famile. lack effective access to social infrastructure, such as sanitation, education, and health. While villages may have access to primary and/or middle schools, the poor quality and irregularity of teaching, as well as the associated costs of keeping children in school, prevent the poor from actually obtaining education. Access to state health services is also limited and the poor have to fork out considerable amounts to meet medical costs. Then there are other expenditures on marriages, dowry, and other wasteful expenditures because of debt. Health emergencies as well as social obligations cause the poor to become further indebted; these combine with other factors and lead to child trafficking for labour.

Conclusion Going into the conditions of rural poor children, we analyzed data pertaining to 8,252 children of 5 years plus until 18 years of age from 4,111 sample households in 20 villages in the two study districts which were selected based on the methodology discussed in Chapter One. More than 50 per cent of the children belonged to socially and economically weaker sections of SCs/STs and OBC-I. More than 85 per cent of the sample children were from landless and functionally landless households. Work participation levels among the sample children were high. The poor thought child labour was inevitable, while it was taken as a given by the better-off sections of society. We tried to examine the extent to which the children were actually trafficked, analyse the significant socio-economic facts pertaining to their backgrounds, and look at factors likely to have contributed to their being trafficked. We estimated that 7.7 per cent of the children from our sample were trafficked, in as much as their conditions met all the criteria set by the Palermo Convention regarding those who are trafficked.

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These children were sent away at ages ranging from 10-12 years from the village, often unaccompanied by their immediate family members, and were handed over to third persons, generally contractors/‘mates’, who paid an advance to the parents, and took the children away in order to put them to work in far away destinations. They obtained total control over the children, and determined the conditions of their living. They also decided the extent to which they would have contacts with their families, if any. Frequently we came across instances where parents were informed by these contractors that the children were fine. As many of the children were brought away in lieu of cash advances, they were treated as bonded until the contractors felt that they had been repaid the advances in toto. The payment of wages to these children were mediated through the contractors who deducted what they thought proper for various costs, and remitted the rest to the parents of the children at irregular intervals. Most of the households of trafficked children reported high levels of indebtedness, with usurious rates of interest. Debt servicing was a major compulsion which made parents send their children into conditions that led to their being trafficked. Then again among the trafficked children, we found that the presence of both SCs and Muslim children was greater than their proportion in the total population of the area. This can be explained by the fact that both SC and Muslim households were among the landless, and while SC households could not afford to put their children through schooling, Muslim households also had little faith in the state actually giving employment to their children even if they studied. The trafficked children were made to work in a variety of jobs ranging from construction to brick kilns, mining, quarrying, loading, agriculture, in tea shops and eateries, and as domestic labour among others. Their living conditions were appalling, and so were their conditions at work. They had no recreation. Any ideas of obtaining an education while working were false. There were also instances of children being subjected to abuse and violent treatment by the contractors and employers. We tried to get first hand information through FGDs with parents, regarding their role in the process of trafficking their children, as well as the circumstances surrounding their decisions related to the children. We tried to understand the attitude of the parents towards the trafficking of their children and the associated troubles to which the children were exposed, the extent to which they were actually aware of these, and what would be their suggestions regarding the effective prevention of trafficking. We further tried to trace trafficked children who had been sent back to the villages to get their views on their experiences, and what they saw as their future. In addition to these FGDs, case studies of a few trafficked children who had raised issues of particular interest to the study were also undertaken. What came out clearly was that poor parents regarded child labour as a given and child trafficking did not appear as something out of the ordinary to them. The views, of both mothers and fathers, were that on account of poverty, there was no choice but to send the children away. They regarded it as a positive step for the welfare of the child as well as the household. Rather than facing poverty, hunger, and deprivation in the village, the children would learn a skill, and earn to feed themselves. That in the process, they may suffer hardships, or that they were being put under the control of outsiders was also regarded as an inevitable part of their lives. Schooling was also seen as lacking intrinsic worth on account of its poor quality, irregularity of teaching, and uncertainty regarding its outcomes. Midday meal programmes were poorly implemented, and were not significant enough in themselves for poor households to keep their children in school instead of sending them out to work. Any emergency could push the poor entirely over the edge into greater indebtedness and distress. The landless as well as marginal farmers were particularly vulnerable during climatic adversities, such

88 STOLEN CHILDHOODS: A Study of Child Trafficking in the Kosi Region of Bihar Chapter Seven Conclusions and Recommendations as floods. Contractors who were often known persons from the same or nearby villages, preyed upon such circumstances and while appearing to provide succor to the households, actually profited from the bonded childhoods of trafficked children. Most of the stories revealed by trafficked children brought out the travails that they faced during their journeys to their workplaces, including harassment by the police and railway authorities. They were coerced by the contractors to get false voter identity cards in order to falsify their age and escape the law. At their workplaces, they were often treated harshly, made to work at low wages as per the needs of the employers, with little time for food or rest. Abuses were also reported though very few spoke of sexual abuse. However, we came across cases of boys infected with STDs and HIV/AIDS, for which they were not being treated properly. Once the children fell sick, the contractors sent them home with instructions not to disclose anything of their conditions at the destination on pain of retribution. The parents too participated in this silent acceptance and watched the children being sick. They often persuaded the children not to talk about it and to try and forget their unpleasant experiences. Children who returned to their villages were looked after by the families for a short while. Thereafter they again faced the situation of poverty and hunger, and the parents once again decided to send them away. Sometimes, the children themselves could not accept the deprivation of their families and placed themselves in the hands of the contractors. Thus they were trafficked into the world of bonded labour once again, from which they expected to move out when they grew up with some capital, knowledge about the labour market, and equipped with some skills. What the children appeared to miss the most in their lives was a chance to study, and acquire learning and technical skills which education provided. In a few instances, we found that the children had acumen for learning and wanted to study. They kept returning to school, but the parents were intent on sending them out to work, and kept making agreements with contractors from different villages and forcing them to leave. In all such experiences, the children could not see how they could stay in the village and get educated. While improving their food intake, occasionally repairing their homes, and servicing debt, households with trafficked children were rarely able to acquire stakes in landed property or collect capital, which was necessary in order to strengthen their position both economically and socially in the village context. Then again, the trafficked children expressed hopes that their younger siblings would not have to undergo similar experiences. However, for a number of households, the younger sons were also sent away as soon as they were able to manage themselves. A distinction needs to be made both in terms of research, policy, law and morality, between adult migration and remittances, and children being trafficked and put to work. Improved incomes from trafficked children through remittances are not providing any lasting development and access to productive resources that can transform the lives of the families of migrants. Child trafficking needs to be combated with every weapon available with state and society, with partnerships that cut across such boundaries. Based on the issues discussed in this report we would like to make the following recommendations: • Definition of Human Trafficking. Clarity and agreement on the defining characteristics of child trafficking within the broader ambit of human trafficking needs to be arrived at post haste. There

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is a lot of confusion regarding child labour, child migration, children in commercial sex work, and forced labour. It is essential to bring together representatives of the agencies responsible for dealing with trafficking of children, including state agencies, civil society, and academia to discuss international and national definitions of human trafficking. The reality of unsafe child migration becoming trafficking, children being put into bonded labour in places far from their homes, and reconciling the gaps between these realities and existing definitions also need to be addressed. In addition, the government needs to bring its child labour laws in harmony with international definitions and extend the age of childhood to 18 years.

Recommendations Addressing longer-term structural factors • This is an area where both the central as well as state governments need to act together. Urgent attention is needed for source areas and communities, in order to ameliorate the conditions that induce parents to send their young ones with traffickers. There is a need to improve public infrastructure in these areas, particularly in order to meet the threat of floods and droughts. Flood protection measures, greater community awareness and participation in flood protection and disaster management, and social sensitisation programmes for the local administration to reduce discrimination against lower castes, minorities, and women, would help in reducing risks. Similarly, investments in irrigation, improved extension services, input supplies, and cropping patterns can help productivity and employment generation for adult workers and farmers. Investments in post- harvest facilities and technology can help reduce crop losses. • Developing agro-processing for generating employment and incomes and developing marketing links for raw materials as well as processed products would be important. Animal husbandry and fisheries are two examples of how this can be done. These resources are widely available and need to be harnessed through proper mobilisation and organisation of rural communities and developing marketing links through training. The AMUL cooperative model would be useful in the region. Water transport links along with road links could be systematically developed for marketing purposes. Developing micro-finance through women’s groups needs to be done on a systematic basis. Well-known micro-finance institutions like SEWA can be invited by the state to start operations among vulnerable communities. • Land reforms: There is no escaping the need for reforming the inequitable land distribution that underpins discrimination in rural society. Providing land to the landless is a guarantee of improving their bargaining position in the rural context. If the right interventions are made by the state to make farming profitable for small and marginal farmers, this can also contribute to improving food security. • Education: In order to ensure that both boys and girls stay in schools and complete their education it is important for the state to pay attention to better teaching management in terms of better training and conditions of work for teachers, better monitoring of their performance, performance-based salaries, rational posting policies, sensitisation towards the needs of poor children, and providing greater support to poor children. Based on their aptitude, the children should be provided options for vocational development or other courses of higher education. Armed with good education, these children will not only be less prone to trafficking, but they will also change the faces of their families and communities in the time to come. • Child participation: Participation of children in preventing trafficking is an important area that has been ignored by state agencies tasked with combating human trafficking. Creating awareness about their rights, the risks of trafficking and bonded labour, and the importance of reporting any instances of children being forced or induced to leave the village, are important aspects that need to be built into the education system. Activities that are aimed at generating awareness at the

90 STOLEN CHILDHOODS: A Study of Child Trafficking in the Kosi Region of Bihar Chapter Seven Conclusions and Recommendations

community level need to start from the school and children need to be sensitised to the risks that they face through plays and dramatic representations that depict real life situations. • Legal reforms. It is important to address the issue of multiple laws that cover various aspects of human trafficking, bonded labour, and child labour, etc. A comprehensive legislation that brings together all facets of human trafficking under one definition, and sets out stringent punishments for child traffickers is needed urgently. Such a law should be equipped with a strong law enforcement system so that it can be effectively implemented. • Prosecution. Unfortunately, a large part of the problem in the continuation of child trafficking is the weak legal response to this crime. Honest and well-trained police teams need to be put in charge of following up on tip-offs, reacting to reports of child trafficking made by NGOs, and registering FIRs instead of ignoring the problem. They also need to make arrests, and gather evidence in ways that will stand scrutiny in the courts. Bail should not be easily given to traffickers as once they are out on bail they can intimidate the trafficked persons or their families, or even destroy evidence. Stringent punishments need to be awarded with no chances of parole for proved offenders. • Training and sensitisation of key duty bearers: The police, judiciary, and members of Panchayati Raj Institutions (PRI) need to be trained, including in the following: • Laws that deal with human trafficking, bonded labour, and child labour. • Who the potential victims are and the perpetrators of human trafficking, particularly child trafficking. • Ways of identifying the traffickers; the referral system that PRIs as well as community-based organisations can access in order to report missing children and any other relevant information. • The police need sensitisation and training in order to make arrests and prepare case files which can be useful in ensuring that prosecution is effective in punishing traffickers. • The police also need training in working with civil society organisations to obtain information and carry out investigations that can lead to arrests. • The judiciary needs to be provided with special training and sensitisation to ensure that cases dealing with human trafficking are dealt with speedily, in-camera trials held wherever the circumstances warrant, and the most stringent punishments that can be effective deterrents are awarded to traffickers. • The police and judiciary require training and sensitisation in dealing with children, in providing effective protection to trafficked children, in ways to get their evidence in non-threatening ways, and with arrangements that will not compromise their security. Quick trials are required and stringent punishments need to be awarded which are the only deterrents to traffickers. • Setting up and operating safe houses for trafficked children in partnership with civil society organisations, where they can be provided counseling and treatment without threat from traffickers. • Monitoring of returned children and their families, their rehabilitation through education, employment for their families, and security for the children and their families are important aspects for preventing human trafficking. • Where there is a threat that the children may be re-trafficked, the police needs to act in partnership with civil society organisations, to keep the children in safe houses, and arrange for their education and training to develop their skills for eventual employment after the age of 18 years.

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Training and sensitisation of parents and guardians: In identifiable source areas parents and guardians should be trained and sensitised about the provisions of the law, the extent of the risk to the children being trafficked, the value of education for children, monitoring of children’s activities and their whereabouts, reporting missing children to the authorities, or providing information about contractors or agents operating in the village to recruit child workers. Communities should be organised in sending areas so that they can resist the temptations dangled by traffickers to send their children to work, and in empowering them to report potential traffickers and their activities. Referral system: There is an urgent need to set up a referral system whereby right from the local communities, there is a chain of information centres where community representatives and parents can go in order to provide/obtain information and initiate action. Referral systems should be located within existing structures so that action can be taken against traffickers; they should also help in monitoring and providing information to affected persons. Referral systems should These should also provide services for medical and be located within existing legal counseling, rehabilitation, and reintegration of trafficked children with their families. PRIs, the structures so that action district administration, child welfare committees, and can be taken against other bodies which are directly connected with the issue need to be linked together with the district law traffickers. and order machinery and railway authorities so that they can act in concert. Civil society: The role of civil society and NGOs needs to be recognised and given due importance in the effort to combat human trafficking. Their role in training and sensitising government agencies and communities, in identifying potential cases, in the recovery of children, maintaining safe houses for their protection, ensuring their safety and well-being during evidence gathering and otherwise at all times, and providing education and training are aspects that need to be recognised and built into any efforts to combat human trafficking, particularly child trafficking.

Further Research Longitudinal research into structural as well as personal and immediate factors that enhance vulnerability to trafficking should be undertaken. Patterns of trafficking from ‘sending’ areas/communities need to be built on and revisited from time to time. Research on the demand side of trafficking is really weak. There is little systematic enquiry into sectors/industries/activities where trafficked child labour is deployed, the links between the supply and demand centres, and the identity and roles of those that bridge the divide between the two—contractors/labour suppliers/railway authorities/law enforcement agencies, employers, buyers and clients of services and goods. Quantification of both supply and demand sides for trafficked children needs to be done through surveys; more estimates which are based on collecting and analyzing more primary data are also needed. Qualitative methods of research will need to be employed to obtain more sensitive information that can help researchers and policy makers to understand the entire process of trafficking better. Data obtained through qualitative research needs to be given equal weightage as quantitative data.

End Notes 119 Effective access here refers to access of the poor to any meaningful assets that can contribute towards livelihood security. Among the ranks of the rural poor are those that have no land, as well as the nearly landless households whose holdings are too marginal to yield anything that can help them meet their subsistence requirements.

92 STOLEN CHILDHOODS: A Study of Child Trafficking in the Kosi Region of Bihar Annexure I Listing Schedule

Migration and Trafficking in Two Districts in Bihar: Khagaria and Araria Listing Schedule of Child ( 0- <18 years of age group child)

HH serial No……… 1. General information 1a. DISTRICT...... 1b. BLOCK...... 1c. GRAM PANCHAYAT...... 1d. VILLAGE...... 2. Household information: 2.1. Name of the head of the household...... 2.2 Sex (1–Male, 2–Female) 2.3. Religion (1–Hindu, 2–Muslim, 3–Others) 2.4. Social Class (1–SC, 2–ST, 3–OBC-I, 4–OBC-II, 5–General, 6–Others) 2.5. What type of ration card the household possess? APL–1, BPL–2, AAY–3, No card–4, Don’t know–5 2.6 . Own Land (in Acres) 2.7. Highest Educational Level in Household 2.8. Main Occupation 3. Information Related to Children in the Household (0 to 18 years) Child 1 Child 2 Child 3 Child 4 Child 5 3.1 Name of children 3.2 Sex (Male–1, Female–2) 3.3 Age (Completed in years) 3.4 Educational Status 3.5 Current Educational Status 3.6 If answer of 3.5 is 2 or 3 or 4, specify reason 3.7 Whether child involved in part time or full-time in any work (Yes–1, No–2) 3.8 If Yes, specify type of work 3.9 Reason for work by the child 3.10 Is any child gone out of the village presently? (Yes–1, No–2) 3.11 If Yes, specify the reason 3.12 How long period child go out (in month)?

2.7 & 3.4: Not literate–1, Literate without formal education–2, Literate but below primary–3, Primary–4, Middle–5, Secondary–6, Higher secondary/Intermediate–7, Certificate/diploma in agriculture–8, Certificate/diploma in engineering/technology–9, Certificate/diploma in other subjects–10, Graduate & above–11, Others–12 (specify …………………..)

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2.8: Agriculture and allied (Livestock/Horticulture/Fishing/Poultry)–1; Agriculture based manufacturing–2; Non–agriculture based manufacturing–3; Textile/ Garments–4; Electricity, gas and water–5; Construction–6; Wholesale and retail trade and restaurants and hotels–7; Transport, storage and communication–8; Financing, insurance, real estate and business services–9; Community, social and personal services–10; Activities not adequately defined–11, Others (……………………..)–12 3.5: Never enrolled, not reached at the school attending age–1; Never enrolled, above 5 years–2, Enrolled but dropout–3; Enrolled, go to government/ private school occasionally–4; Enrolled, go to government/ private school, attend regularly–5; Go to non–formal school–6; Others (………………………….) – 7 3.6: School is far away–1, Child didn’t get admission–2, Child has to look after the younger ones–3, Child has to do household chores–4, Safety reasons–5, Not able to afford education expenses –6, Lack of interest of child–7, Child has to work in village–8, Children has to go out of village to work–9, Class/caste discriminations–10, School operates irregular–11, Got married and left school–12, No response–13 3.8: Works at home (domestic work) full time–1, Works at home (domestic work) part time–2, Works at home (agriculture and non–agriculture activities) full time–3, Works at home (agriculture and non–agriculture activities) part time–4, Work outside village full time–5, Work outside village part time–6, Others (…………………………...)–7 3.9: Family loan/Debt–1, Adult unemployment/ under–employment–2, Prolonged illness of earning member of the household–3, Natural disaster–4, Child is not going to school, so better to work– 5, Child lost parents, so soul responsibility to look after family–6, Ran away, no specific reason–7, Others (………….)–8 3.11: Education–1, For work–2, Bagging–3, with the family members–4, For marriage–5, Other (specify) …………………………………–6

Investigator Name ………………. Signature and Date ………………………….

94 STOLEN CHILDHOODS: A Study of Child Trafficking in the Kosi Region of Bihar Annexure II Household Schedule

Migration and Trafficking in Two Districts in Bihar: Khagaria and Araria Household Questionnaire 1. Basic Information 1.1 Serial number (from listing schedule)………………...... 1.2.1 Name of respondent………………………………………… 1.4 Do you or any of your household members have voter ID card? (Yes–1, No–2, Do not know–3)

2. Household Profile Usual Sex Relation Age (in Marital ID. Name Education residen- 1–Male, with HH complete status Occupation No. (2.1) (2.6) tial status 2–Female head (2.3) yrs) (2.5) (2.9) Main Subsid- (2.7) iary (2.8) 1

2.3: Self–1, Spouse–2, Son/daughter–3, Son/Daughter-in-law–4, Grandson/granddaughter–5, Father-in-law/Mother- in-law–6, Nephew/niece–7, Sister-in-law, Brother-in-law–8, father/mother– 9, Sister/ brother–10, Uncle/aunty–11, Other relatives–12, Servant/employee/other relatives–13, Others (specify)–14 2.5: Unmarried–1, Married–2, Widow/Widower–3, Divorced/Separated–4, Others–5 2.6: Illiterate–1, Below primary or informal education–2, Primary–3, Middle school–4, High school–5, Higher secondary/Intermediate/10+2–6, Vocational courses–7, Technical/management without degree–8, Technical/ Professional degree (Engineering/law/management/medical)–9, General graduate–10, Post graduate–11, Others (specify )–12

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2.7/2.8: Self Employed (Owner)–1, Helper in Household Enterprise–2; Causal labour in agriculture–3, Causal labour in non-agriculture–4, Long term attached labour–5, Salaried–6, Individual service (jajmani/caste occupation)–7, Micro-enterprises (agriculture allied activities)–8, Micro-enterprises (non-agriculture)–9, Big business/trade/ construction–10, Part-time worker in HH industry–11, Factory worker–12, Not working (Retired/old/disabled/ handicapped/sick)–13, Begging–14, Unemployed–15, Only domestic work–16, Students–17, Not relevant–18, Other (Specify)…………………………..–19 2.9: Fully resident–1, Daily commuters–2, Migration up to 3 months–3, Migration up to 3 to 8 months– 4, Migration more than 9 months–5

3. Housing & Health 3.1. Type of housing (Pukka–1, Semi-pucca–2, kuchha–3, Bamboo wall and tin/roof–4, Thatched–5, Others (specify)-6) 3.2. Ownership status (Owned–1, Gair Mazrua–2, Aam Mazrua–3, Provided by others–4, Others (specify………….) 3.3. Do you have toilet in your house (Yes–1, No–2 ) 3.4. Source of drinking water: Public well–1, Private well–2, Public hand pump–3, private hand pump (own)–4, Private tap–5, public stand post–6, River/pond–7, Private hand pump of neighbours–8, Others–9 3.5. Type of health facilities you have access to: Community Health Centre–1,Primary Health Centre(PHC)–2, Sub-centre–3, Private doctors (MBBS)–4, Ayurved/homeopath–5, RMP/Quack–6, ANM/ASHA–7, Others (……………..)–8

4. Indebtedness and Household Assets 4.1. Are you presently indebted or do you have any loan outstanding? (Yes–1, No–2) 4.2. If YES, the details of loan/debt (three main loan/debt) Sl. No Items Loan 1 Loan 2 Loan 3 4.2a Amount of loan (in rupees) 4.2b Sources of loan 4.2c Purpose of loan 4.2d Condition of loan 4.2e Rate of interest (annual)

4.2b: Government–1, Banks/Cooperatives–2, SHG/NGO–3, Registered Money lender–4, Other moneylenders/Bania/ shopkeeper–5, Landlord/employer–6, Friends/relatives–7, Others (specify……)–8 4.2c: Investment-agriculture–1, Investment-non-farm business–2, Purchase/maintenance of land/ house–3, Marriages/social ceremonies–4, Education–5, Health care–6, Repayment of old debts–7, Purchase of consumer durables–8, Purchase of livestock–9, Consumption–10, Financial investment–11, For migration–12, Others (specify… ……..)–13 4.2d: On interest–1, Without interest–2, Land mortgage–3, Mortgaging ornaments–4, On the condition of after migration–5, Others (Specify)–6 4.3. Do you possess one or more of the following 4.3a. Bicycle 4.3b. Livestock 4.3c. Mobile 4.3d. Agricultural implements (pump set, tractor, thresher, other agricultural machinery, farm implements, fishing gear and others (specify)

96 STOLEN CHILDHOODS: A Study of Child Trafficking in the Kosi Region of Bihar Annexure I1 Household Schedule

5. Adult Migration (last one year)

ID from Q.2 5.1. With whom 5.2. Specify the 5.3. Type of work 5.4. Duration of migrated? destination at destination last migration (in months)

5.1: Self–1, Husband/wife–2, Parents–3, Other relatives–4, Friends–5, Others (specify………….)–6

6. Child Migration - Process 6.1. Details of migrated children Sl. No. Child ID Child ID Child ID Child ID Child ID Child ID from household details (question no 2) 6.1a Reason for moving out of the village 6.1b Decision maker of child’s moving out of the village for work 6.1c How did the child go out of village? 6.1d Relationship with the person who accompanied child outside the village 6.1e Specify the nature of work child is involved at the destination

6.1a: Education–1, Employment–2, Marriage–3, Family moved out–4, Others (…………………)–5 6.1b: Father–1, Mother–2, both father and mother–3, Guardian (uncle/aunt/grandparents)–4, Community leader–4, landlord–5, Self–6, Others (………..)–7 6.1c: Facilitated by family–1, Facilitated by friend/relatives/other villagers–2, Child ran away–3, Contractors/agents paid advance and took the child away with the permission of the family–4, Contractors/agents, but without advancing money and with the permission of the family–5, Contractors/agents, but without advancing money and without the permission of the family–6, Other (Specify)–7. 6.1d: Parents–1, Family members/relatives–2, Known person from the village–3, Employer/Agent–4, Self–5, Others (Specify)–6

6.2. In case a labour contractor/agent involves in the movement of child out of the village for work, answer the following 6.2a. Was there an increase in the numbers of persons after flood coming to the village to persuade parents/guardians to allow their children to travel out of the village to work? (Yes–1, No–2, No response–3) 6.3. Kindly specify, your awareness about them/who are they? Relatives/friends/fellow village men–1, A person from the destination, but known through some social contacts–2, A person from the destination, but completely unknown–3, Contractor/ mate–4, Others (specify)– 5 6.4. Did you receive any money in lieu of sending your child/children out of the village to work? (Yes- 1, No – 2) 6.4a. If yes, how much ( In rupees)

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6.5. Do you know where child lives at destination (Yes- 1, No – 2, Do not know-3) 6.5a. If Yes, specify it (Private home with family or relative–1, Household industrial unit–2, Factory/workshop/ workplace without permission–3, Employer provided accommodation–4, Street/Railway platform/ under bridge flyover–5, Without rent with others–6, Room in slum shared with family/ friends–7, Others (…………………..…..)–8) 6.6. With whom are your children living in their place of migration? 1–alone, 2–other family members/relatives, 3–friends who are not child workers, 4–fellow children 5–with adult co–villagers, 6–others (specify) 6.7. Specify the level of contact with child at destination Regular–1, Irregular–2, Not traceable–3 6.8. Mode of communication Contact them through letters–1, Contact them through employers phone–2, Contact them through friends/ relatives/ agents’ phone–3, Child contact family through telephone–4, Family member visit child once in a while–5, child visit family more than once in a year–6, child has mobile phone–7, Others (…………………)–8 6.9. Whether child returned to home after migration? (Yes–1, No–2) 6.9a. If No specify the reason...... 6.10. Kindly answer your understanding on the following at the time of taking child out of the village and that you heard from the child later Sl No Information provided at Child’s/your experience the time of migration after migration 6.11 About destination (location) 6.12 Type of work (specify) 6.13 Hours of work (hrs in a day) 6.14 Wage promised and actual (Rs./ Month) 6.15 Accommodation status (Specify) 6.16 Food and other support (specify) 6.17 transport support (specify) 6.18 Treatment of the child/proper healthcare support

6.19 Are your children provided any education along with work? (Yes–1, No–2) 6.19a. If yes, what kind of education do they get (Schooling–1, Vocational training–2, Others (specify–3) 6.19b. Child ID Type of school$ Class

$ Type of school ( Government school–1, Private school–2, NGO run school–3, Madrassa, Makita–4, Other (specify )–5 )

98 STOLEN CHILDHOODS: A Study of Child Trafficking in the Kosi Region of Bihar Annexure I1 Household Schedule

6.20. Does the child get any recreation at workplace (Yes–1, No–2) 6.20a. If yes, specify it ……………………………………………………………. 6.21. Do the child get holidays at workplace? (Yes–1, No–2) 6.21a. If yes, specify it (Weekly holiday–1, Monthly holiday–2, Annual vacations–3, Weekly holiday and annual vacations–4, Monthly holiday and annual vacations–5, No response–6) 6.21b. Are your children allowed to go home for vacations? (Yes–1, No–2) 6.21c. If yes, how often can they go home? (During festivals and marriages–1, Half yearly–2 , Annually–3, Others( specify )–4) 6.22 Details of wage/ received amount/ income paid to your children during last one year. Child ID Child ID Child ID Child ID 6.22a What is the mode of wage payment 6.22b Cash ( in Rs.) 6.22c Kind ( in Rs.) 6.22d Any other remuneration ( in Rs.) 6.22e Who collects the wages? 6.22f How are the wages remitted back home?$

6.22a (Daily–1, Weekly–2, Monthly–3, Annual–4, Others (specify)–5) 6.22e Parents–1, Guardian–2, contractor/agent–3, Self–4, others (specify )–5 6.22f If through family member–1, Through mutual friend–2., By agent/contractor–3, By money order–4, By ATM transfer–5, Others (specify)–6 6.23. Are you aware of the law against child labour in India? (Yes–1, No–2) 6.24. Do you think children migrating for work are inevitable? (Yes–1, No–2) 6.25a. If yes, specify the reason ……………………………………………………………….. 6.25b. If no, why did you send your child? ……………………………………………………. 6.26. Is there any change witnessed in the economic or living status of the family after sending child for work outside the village? (Yes–1, No–2) 6.26a. If yes, specify it …………………………………………………………………………. 6.27. What is the status of the child’s health after migration for work? (Now more health and agile–1, Same as earlier–2, Having some health issues that was not there earlier–3, Very bad–4, No response–5) 6.27a. If childs faces any health issues, specify that……………………………………………... 6.28. Do you know of any instances where your migrant child was abused? (Yes–1, No–2) 6.28a. If yes, (verbal–1, physical–2, verbal and physical both–3) 6.28b. If it is Verbal, details ………………………………………………………………….. 6.28c. If it is physical, specify (Beating/ Hitting–1, deprivation of food–2, Sleep deprivation–3, Over work–4, Others (specify)–5 6.28d. Did it lead to any injuries? (Yes–1, No–2) 6.28e. Did you come to know of it? (Yes–1, No–2)

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6.28f. How do you react and what was your response? Helpless and felt bad–1, Helpless, so asked child to return/ didn’t send back–2, Complained in the police station–3, Complained to others at destiantion–4, Kept quiet–5, Just consoled the child–6, Others (…………..)–7 6.29. Was the migrant child sexually abused? (Yes–1, No–2) 6.29a. If yes, what was your response? Helpless and felt bad–1, Helpless, so asked child to return/ didn’t send back–2, Complained in the police station–3, Complained to others at destiantion–4, Kept quite–5, Just consoled the child–6, Others (…………..)–7 6.29b. Whether child overcome that situation (Yes–1, No–2) 6.29c. How child overcome that situation? ………………………………………………………………………………………………… ………………………………………………………………………………………………… 6.30. What are your suggestions to reduce the possibility of children having to migrate to work? More employment for adults–1, Better education for children–2, More protection for children–3, better information and awareness for families–4, better law enforcement against offenders–5, better awareness to be created among sending communities–6, communities to be organised against trafficking of children–7, awareness among children against child labour and unsafe migration–8, Others (specify) –9

100 STOLEN CHILDHOODS: A Study of Child Trafficking in the Kosi Region of Bihar Annexure Iii Sample Derivation

The sample for the study was derived by eminent statisticians Prof. PM Kulkarni of the Centre for Regional Development Studies at JNU and by Prof. Rajiv Shukla of National Council of Applied Economic Research. The technical details of sample derivation are presented below. • If 95 per cent confidence interval on ‘p’ is to be less than ‘d’, then n> (p (1-p) (1.96)2 )/d2 (where n=sample size, p=proportion of households and d=Standard Error) If p ≈ 0.1 (close to 10 per cent) and D=0.01 (confidence interval of ± 1 per cent) n>(0.1)(0.9)(1.96)2 / (0.01)2 =3457 This sample was inflated to 4000 as a targeted sample, but our actual sample of 4111 even exceeded the targeted sample.

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