36 Child Labour

Jhuma Sen

epgp books

 

Table of Contents

1. Learning Outcomes

2. Introduction

3. Definitions

4. Causes of Child Labour

5. Framework to Deal with the Issue

5.1 Constitutional Protections

5.2 Enactments

5.3 Initiatives by the Indian Government

6. Subsistence of the Issue

7. Why can Child Labour not be Completely Prohibited?

8. Suggestions for Reducing Child Labour

9. Consequences of Child Labour

10. Conclusion

 

1. Introduction

The unique situation in India seems to have factored in both the presence and the necessity of child labour. Notwithstanding the evils and huge harms associated with this problem, child labour seems to remain rampant and even on the rise at various locations in India. This seems to be a combination of the socio-economic situation in the country as it stands today and as has been the case over the last century, the chronic population problem as well as a combination of political and cultural factors. A majority of the problem seems has its underpinnings in need based economic context and we will see how the law has taken this into consideration in its application.

 

2. Learning Outcomes

  • To give students an overview of the current situation with respect to child labour in India, a brief understanding of the causes and effects of the problem, an analysis of the legal framework in place and the attempts on the part of the State to resolve and combat the issue.
  • By the end of the module, students will have a greater understanding of the chronic nature of the problem and the mechanisms through which the issue has both been addressed and has subsisted despite these efforts.

3. Definitions

In its essence, the definition of child labour would be work that takes children away from a normal activity like attending regular school; and involves them in an activity that could be mental, physically or socially harmful to their growth and development. It deprives them of their childhood and innocence.

UNICEF has taken a variant view in defining child labour. It has divided the issue into exploitative and destructive work on one end and beneficial work that enhances the development of the child on the other end of the spectrum. Not all work clearly falls into either category, however. A child of age between 5 to 11 years should have undertaken one hour of economic activity or 28 hours of domestic activity in one week. For a child between 12 to 14 years of age, the hours stipulated are 14 hours of economic activity or at least 42 hours of economic activity and domestic work per week.

The India Census Office defines child labour in 2001, as an activity undertaken by a child below 17 years that is economically productive. It could be with or without remuneration. It could be either physical or mental. It covers participation in farm activity and milk production on a part time or full-time basis. These are split into two groups. Main workers who work for six months or more and marginal child workers who work sporadically but less than six months in the year.

4. Causes of child labour

Poverty and overpopulation interwoven with illiteracy, lack of schools and infrastructure and the growth of an informal economy all come together to ensure that children go to work instead of schools and engage in other developmental activities.

Children bring in money that is desperately needed to supplement inadequate funds. The parents are caught in a web of large families and no means of providing for them as they do not have adequate employment opportunities. They are not particularly worried about the child’s future as the impending hunger at home needs to be quelled. Lack of awareness of the need to invest in education for the children and thus their future compounded with lack of infrastructure and institutions make child labour a reality.

The prevalence of an informal economy which has an insubstantial implementation of law and order and usually being associated with low pay makes it easy for child labour to flourish in the small towns and villages of India. Often, children engage in home-based activities and manufacturing after attending school to supplement the income at home.

Framework to Deal with the Issue

Constitutional Protections

The Constitution of India, in its endeavour to reflect and protect the aspirations of the citizens of India, has provided a number of provisions to prevent and tackle child labour in India.

Article 24 states that no child under the age of 14 years shall be employed to work in any factory or any hazardous employment.

  • Article 39 (f) endeavours to ensure that childhood and youth are not exploited and not morally and materially abandoned.
  • Article 45 stipulates free and compulsory education for all children until they complete the age of 14 years.

5.2 Enactments

A specific legal framework for the prevention of child labour is in place.

The Child Labour (Prohibition and Regulation) Act, 1986 is now re-titled as the ‘Child and Adolescent Labour (Prohibition and Regulation) Act, 1986’ (“Child Labour Act”), in order to reflect its expanded scope and coverage. Section 3. of The Child Labour (Prohibition and Regulation) Amendment Act reads:

“In section 1 of the principal Act, in sub-section (1), for the words, brackets and figures “the Child Labour (Prohibition and Regulation) Act, 1986”, the words, brackets and figures “the Child and Adolescent Labour (Prohibition and Regulation) Act, 1986” shall be substituted”.

The important revisions to the Child Labour Act as a result of the 2016 Amendment Act are as follows:

1. Definition of ‘child’: The 2016 Amended Act has brought the law in sync with the Right to Education Act by amending the definition of ‘child’ to mean a person who has not completed 14 years or such age as specified under the Right to Education Act, whichever is higher. This definition however continues to remain different from the definition of ‘child’ as per the Factories Act, 1948.

2. Definition of ‘adolescent’ introduced: ‘Adolescent’ has been defined to mean a person who has completed his 14th year but not completed his 18th year. This definition is however slightly different from the definition of ‘adolescent’ as per the Factories Act, 1948.

3. Prohibition of child labour: A complete ban has been imposed on employing children, except in the following two cases:

Children are allowed to help in his/her family or family enterprise(s) provided that (i) such enterprise is not involved in hazardous processes and (ii) the work is carried out after school hours or during vacations.

Children are allowed to work in the audio-visual entertainment industry including advertisement, films, television serials or any such other entertainment or sports activities except circus subject to (i) compliance with prescribed conditions and adoption of safety measures, and (ii) the work does not affect the school education of the child.

Prohibition on employment of adolescents: New provision prohibiting employment of adolescents in hazardous occupations and processes introduced.

Child labour made a cognizable offence: Any offence committed by an employer which is punishable under the Child Labour Act has been made a cognizable offence. Accordingly, the authorities can file a first information report and commence investigations into the offence without a court order and can arrest without a warrant.

Punishments for contravention enhanced: While the punishment for employers has been significantly enhanced, the punishment for parents / guardians has been relaxed.

Section 3A. Prohibition of employment of adolescents in certain hazardous occupations and processes

No adolescent shall be employed or permitted to work in any of the hazardous occupations or processes set forth in the Schedule: Provided that the Central Government may, by notification, specify the nature of the non-hazardous work to which an adolescent may be permitted to work under this Act.

  • The right to Free and Compulsory Education Act of 2009, mandates free and compulsory education for children in India. The Act also mandates that 25 percent of seats in every private school must be allocated for children from disadvantaged groups and physically challenged children. This Act is to be read in consonance with Article 21-A and Article 45 of the Constitution.
  • The Factories Act of 1948 prohibits the employment of children under the age of 14 years in any factory and also placed rules on who, when and how long can pre-adults aged 15–18 years be employed in any factory.
  • The Mines Act of 1952 prohibits the employment of children below 18 years of age in mines.
  • Section 79. of Juvenile Justice Ac (Care and Protection of Children), 2015 reads: “Notwithstanding anything contained in any law for the time being in force, whoever ostensibly engages a child and keeps him in bondage for the purpose of employment or withholds his earnings or uses such earning for his own purposes shall be punishable with rigorous imprisonment for a term which may extend to five years and shall also be liable to fine of one lakh rupees”.

5.3 Initiatives by the Indian Government

The National Policy on Child Labour of 1987 looks at a gradual & sequential approach with a focus on rehabilitation of children working in hazardous occupations. Stricter enforcement of laws and development programmes will ensure the tackling of the causes of poverty.

The National Child Labour Project (NCLP) initiative was the outcome of the policy. It undertakes legal and development initiatives, with a current central government funding of ₹ 6 billion, targeted solely to eliminate child labour in India.

6. Subsistence of the Issue

Despite awareness and intent, the ground realities are far from comforting. The actual number of child labourers is not correctly documented. This is largely because they are mostly employed in the unorganized sectors where the arm of the law cannot reach, to be able to prevent abuse. Here bonded labour is rampant as children are pledged against unreturned loans and become victims of abuse. Trafficking of children is at an alarming level in society. Bonded labour of children leads to physically and psychologically impaired children.

A fledging economy, armed conflicts, forced displacement due to development projects throws adults out of work, which further puts pressure on the children to go out and earn as society exploits them for cheap labour.

Some experts believe that the courts’ ruling distinguishing between hazardous and non- hazardous sectors is counterproductive in preventing exploitation of labour. All this can be dealt with if the government shows more resolve and tackles the apathy that has seeped into its system.

A survey conducted by 7th All India Education Survey (2002) reveals some alarming facts on child labour. It reflects the dimension and scale of this sad reality. As per the report, 17 million children are engaged in child labour in India; 19% are engaged as domestic help; 90% work in rural areas; 85% work in unorganized sectors; 80% work in agricultural work; 2 million children between the ages of 5 and 15 work in the commercial sex trade; and 3.3 million children between the ages of 15 to 18 years work in the commercial sex trade. 5 lakh children are forced into this trade each year.

7. Why can Child Labour not be Completely Prohibited?

Child labour, while being an abhorrent practice merely can’t be wished away because of the socioeconomic compulsions. Laying down harsh rules that prevent it can cause serious ramifications. This is evident in the judgment passed in the MC Mehta v. State of Tamil Nadu (1997 Supreme Court case). The courts have in this judgment and in others, taken a middle path by recognizing the limitations of the socio economic setup. In some cases, the families that send the children to work depend on this income and children have no alternative means of employment. While this is in digression of the directive principles (contained in Articles 39 and 45 of the Constitution) that advocates that all children should go to school, it is a realistic response seeing the ground reality.

In the circumstances, the courts have attempted to be reasonable and have tried to demarcate certain sectors that are dangerous to the growth, development and safety of the child and have banned them completely (match making the industry, precious stone polishing industry etc.). Further, the courts have made it mandatory for half yearly checks to ensure child welfare.

8. Suggestions for Reducing Child Labour

  • Child labour is an issue that needs to be addressed on a war footing. The children of today are the future and citizens of tomorrow. By ensuring an emotionally and economically safe and nurturing environment for them, we are ensuring a productive and safe future for ourselves. The answer lies in a multi- pronged and multi institutional approach. The answer lies in addressing the causes that lead to this predicament and prevalence of this practice of child labour.
  • Media, voluntary organizations and NGO’S can play a crucial role by highlighting the causes and issues relating to this problem. Awareness will enlighten citizens and ensure vigilance.
  • Programmes and promotions on the burden of over- population are the need of the hour.
  • Since poverty is one of the main causes, eradicating poverty and providing stable employment opportunities for adults should be a priority for the government.
  • Ensuring quality education and availability of facilities for schools will give the children the opportunity to study and carve a future for themselves.
  • Police and government institutions can be alert and prevent abuse and ensure proper implementation of government plans.

9. Consequences of Child Labour

The consequences of child labour can be clearly divided into physical, emotional and developmental damages.

Physical: Children working for long hours especially in hazardous industries are at risk of damage to their mind and body. They become vulnerable to disease and decay. They do not get time and opportunity to exercise and play which further hampers their development.

Emotional: Bonded labour, physical and sexual abuse and the burden of earning at a young age can lead to untold physical and emotional ramifications in the long term in children.

Developmental: Lack of education limits the future of children and society. Without training and education jobs that will lift them from the shackles of poverty into a better life are difficult to come by. Nationally the work force of the country remains impoverished in terms of skills and prowess. This has a cascading effect on the economy and future of the country.

10. Conclusion

Thus, as can be seen, the conundrum of the child labour problem is both multifaceted and extremely complex. While the Government and the Legislature have certainly taken steps towards tackling the issue, the harsh reality remains that the issue of child labour in India is far from resolution and the evils and impacts are felt by children across the country on an everyday basis.

While it seems appropriate in a practical sense to have simply allowed for a subsistence of the problem on the ground that the socio-economic realities of the country do not allow for a blanket restriction on the employment of child labourers, the country needs to take steps towards finding a way to be able to deal with these issues face first and not let these factors play a role in perpetuating the problem of child labour and subjugating the country’s children to harsh and dangerous conditions.

you can view video on Child Labour

Reference

  • http://www.ilo.org/ipec/facts/lang–en/index.htm
  • http://www.ilo.org/ipec/Action/lang–en/index.htm
  • http://www.childlineindia.org.in/child-labour-india.htm
  • http://blog.ipleaders.in/laws-related-to-child-labour-in-india/
  • http://bba.org.in/campaigns/CLFI/