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Child Labor

Labor by a person of age less than prescribed by law is known as child labor. Society cannot progress if children are compelled to work in the age of playing and learning. Often children are compelled to work for supplementing the income of the family. Similarly orphans and children who have run away from home are also compelled to work for a living. Child labor is not only a curse for the society it also takes away human rights of children. Every child has the right to physical, mental, educational and social development. These rights and school, games, love and affection are only a matter of imagination for children engaged in labor.

Child labor began with the beginning of industrial revolution in Britain. Karl Marx has described in detail the horrendous condition of child laborers in England at that time. As per census 2001, the number of child labor in India was approximately 1.26 crores which has reduced to 43.53 lakh in 2011 census due to the efforts of the Government. In Chhattisgarh the number of Child labor as per 2001 census was 3.64 lakh which has reduced to 63,884 in 2011 census. Approximately 60% of these children are less than 10 years old. 36% children are engaged as domestic labor. In cities many children work in hotels and Dhabas. Some are engaged as rag pickers and street vendors. Many children work in hazardous and polluting industries. In many factories the furnaces have temperatures exceeding 1200 degree Celsius. In many places there are poisonous chemicals like Arsenic and Potassium. They get tired while working, they are sad and depressed but mill owners make them work for more than 12 to 15 hours each day. Rag pickers contract dangerous infectious diseases.

Main Reasons for Child Labor

1. Poverty
2. Lack of educational resources
3. Socio-economic backwardness
4. Addiction, disease and disability
5. Poor compliance of laws
6. Lure of cheap labor
7. Family traditions
8. Discrimination between boys and girls

Constitutional Provisions for prevention of Child Labor

1. Article 21 A – Right to Education – The State shall provide free and compulsory education to all children of the age of six to fourteen years in such manner as the State may, by law, determine.
2. Article 24 – Prohibition of employment of children in factories, etc. – No child below the age of fourteen years shall be employed to work in any factory or mine or engaged in any other hazardous employment.
3. Article 39 (f) – that children are given opportunities and facilities to develop in a healthy manner and in conditions of freedom and dignity and that childhood and youth are protected against exploitation and against moral and material abandonment..

Other Legal Provisions Relating to Child Labor

1. The Child and Adolescent Labor (Prohibition and Regulation) Act of 1986 – Government of India appointed the Gurupad Swamy Committee in the year 1979 to suggest measures for removal of child labor. This Act was made to implement the suggestions of this committee. In this Act a child is defined as a person below 14 years of age. Labor by children including employment as domestic servants has been banned. Persons between 14 and 18 years of age are called adolescents. Employment of adolescents in hazardous industries and processes listed in the schedule of the Act is also banned. Any person who employs a child less than 14 years of age or an adolescent 14-18 years of age in hazardous industries shall be liable for imprisonment of 6 months to 2 years duration and a fine of Rs 20,000-50,000. However children less than 14 years of age can work in such family business which is run by close relatives line mother, father, brother or sister or distant relatives like Sister or brother of father or sister or brother of mother. Such family business should not be one of those listed in the schedule of hazardous industries in the Act. Normally parents are not punished for permitting their children to work against this Act however if such permission is given for commercial purposes, or the child is made to work in a hazardous industry then such immunity does not apply. The parents can be given one opportunity for self-correction and cases against them can be compounded but they are punished for repeat offence. They can be fines Rs 10,000. The Act also provides for rehabilitation of the children who are rescued under this Act. Juvenile Justice Act (Care and Protection of Children) Act2015 applied to those children who are in need of care and protection.
2. Factories Act 1948 – This Act prohibits the employment of Children less than 14 years of age. Adolescents in the age group 15 to 18 can only be employed if they have a fitness certificate of a competent doctor. The work hours for adolescents in the age group 14 to 18 have been kept at four and a half hours under the Act and it is prohibited to employ them at night.
3. Mines Act 1952 – Employment of children less that 18 years of age in mines is prohibited under the Act.
3. Right of Children to Free and Compulsory Education Act or Right to Education Act (RTE) 2009 – This Act came into force on 1st April 2010. Main provisions of the Act are -
   1. The right to elementary education in a neighborhood school and the right of children to fee and compulsory education.
   2. 'Compulsory Education' means the binding on the concerned Government for providing for compulsory admission, attendance, for free completion of elementary education for all children in the age group of 6 to 1 years.
   3. 'Free' means no child shall be liable for payment of any fees or other charges which might stop him from continuing and completing elementary education.
   4. The Act provides for admission to children not yet enrolled in appropriate grade.
   5. This Act specifies the duties of concerned governments, local authorities and guardians for free and compulsory education of children and divides the financial and other responsibilities for this purpose between the Central Government and State Governments.
   6. Among other things, this Act lays down the standards of Pupil-Teacher Ratio (PTR), building and infrastructure, school working days, working hours of teachers etc.
   7. This Act provides for ensuring the prescribed Pupil teacher ratio in each school by posting teachers instead of average PTR of block or district. Thus it also ensures a balance in rural and urban posting of teachers.
   8. It prohibits deployment of teachers in any non-teaching work except ten years census, elections to local bodies, state legislative assemblies and Lok Sabha and disaster management.
   9. This Act provides for recruitment of properly trained teachers i.e. it makes minimum qualifications necessary for appointment as teachers.
   10. It prohibits the following –
       1. Physical punishment and mental harassment;
       2. Tests for admission of children in schools;
       3. User Fee;
       4. Private tuitions by teachers and
       5. Running non-recognized schools

Child Labor Policy

Government has made the National Child Labour Policy in August 1987. It has three parts:

1. Legal Action Plan – Strict and effective implementation of labor laws with respect to child labor.
2. Focus on General development programmes – As far as possible make use of the various schemes of Ministries/Departments for welfare and development of child labor.
3. Project based Action Plan – Make special plans for children of those areas where child labor is common.

National Child Labor Project (NCLP)

1. This is a scheme for rehabilitation of child labor.
2. A central committee has been made for monitoring and supervision og the Project. Secretary of the Labor and Employment Ministry Government of India is its Chairperson and representatives of the state governments and of concerned ministries in Government of India are its members.
3. Children of 6 years and above who are not yet enrolled in schools should be identified and enrolled under RTE.
4. This Project provides for establishment of special schools and rehabilitation centers by Project Committees at district level for rehabilitation of child labor. Full financial assistance is given for this.
5. These special schools/rehabilitation centers give non-formal education, vocational training supplementary nutrition and scholarships to rescued children.
6. The child labor identified in the survey and admitted in special schools are given the following facilities -
   1. Formal and non-formal education, vocational training,
   2. Supplementary nutrition at the rate of five rupees per day,
   3. 100 rupees per month scholarship and medical facilities for which a doctor is appointed for a group of 20 schools.

Child Labour Laws in Pre-Independence India

1. First protective legislation for child labor was Indian Factories Act, 1881. The Act provided some protection to the children preventing employment of children under 7 years of age in factories by limiting their working hours to 9 hours in a day and 4 compulsory holidays in a month. The Factory Act was amended several times to further improve the working conditions of children.
2. Mines Act 1901 prohibited the employment of children below 12 years in mines. Mines Act was also amended several times to improve the work conditions of children.
3. Tea District Emigrant Labor Act,1933 had a provision that no child less than 16 years shall be employed and immigrated to the district unless accompanied by his parent or adult relative on whom the child is dependent
4. Children (Pledging of Labor) Act, 1933was enacted to eliminate the evils arising from the pledging of the labor of young children by their parents for a loan or an advance amount.

Child Labor and United Nations

1. World day against Child Labor – International Labor Organization (ILO) celebrates the World Day against Child Labor every year on 12th June since 2002. On this day special efforts are made to focus attention on child labor and its ills and to eliminate child labor.
2. Minimum Age Convention, 1973 – This convention was accepted by ILO in June1973. This is with respect to the minimum age for entering in workforce. Indian Cabinet approved it on 31st March, 2017. It was submitted for ratification by the Parliament by Lobor Minister Bandaru Dattatreya on 10th April 2017. This convention is in force from 19th June 1976. Every country ratifying the convention will be bound to -
   1. Make and implement a policy for effective elimination of Child labor.
   2. The age for entry into the work force by law should not be less than the age for completion of school education.
   3. Give a guarantee that the age for being employed in any job which compromises the morality or safety of youth will not be less than 18 years.
3. Worst Form of Child Labor Convention, 1999 –This was accepted by the IOL in June1999. Indian Cabinet approved it on 31st March, 2017. It was submitted for ratification by the Parliament by Lobor Minister Bandaru Dattatreya on 10th April 2017. This convention came into force on 19th November2000. In this convention persons below the age of 18 years are kept in the category of child. According to this convention the worst forms of child labor are –
   1. Slavery or similar activities such as sale and purchase of children, smuggling, bound by debt, compulsory recruitment of children for armed struggle etc.
   2. Sale and purchase of children for Pornography of prostitution etc.
   3. use of children in Illegal activities specially for production, smuggling and sale of drugs.
   4. Any work which can be dangerous for health, safety or morality of children.
4. Buenos Aires declaration on Child Labor, Forced Labor and Youth Employment on 16th November 2017 – The declaration for elimination of Child Labor from the World by the year 2025.