ABSTRACT
Child work is a major problem in India since early labour market participation during a child’s formative years means skipping out on a proper education, which reduces the child’s chances of earning more money in the future. Child work is a complicated issue that has its roots mostly in poverty. Additionally, this social blight has lethal repercussions for the country as a whole.
Child labour is primarily required by the parents’ financial obligations. The primary causes of child labour, including the rapid population expansion, are widespread underemployment and unemployment among the adult impoverished strata of society.
3.6% of India’s labour force is made up of people under the age of 14. A little more than 85% of people work in conventional agriculture, less than 9% in manufacturing, services, and repairs, and only 0.8% are employed in factories.
Urban areas are seeing an increase in the use of minors as domestic servants.
Children are frequently forced to work without food and for extremely low salaries, which is fully unregulated and resembles slavery. Child domestic servants have experienced physical, sexual, and emotional abuse.
The justification for domestic work is frequently that parents have sent their kids to these houses for both care and employment. In India, eradicating child labour is a top priority that is being carried out at the local level. Along with domestic and international institutions, a sizable number of non-governmental and volunteer organisations are active in this process.
The Child Labour (Prohibition and Regulation) Act of 1986 strives to end all forms of child maltreatment in the workplace and forbids the employment of minors under the age of 14 in any type of hazardous activity. The Act forbids the use of children in specific processes and vocations.
This article aims to present a situation in which child labour increases and elaborates on many issues that have arisen as a result of this specific issue. The steps that must be taken to solve these issues are suggested. Finally, I draw the conclusion that the suggested approach might be considered worthwhile in resolving the issues brought about by child labour.
INTRODUCTION
The definition of “child labour” is frequently given as employment that is injurious to a kid’s physical and mental development, robs them of their childhood, their potential, and their dignity. Work that is damaging to children and dangerous in terms of the mind, body, Society or morals is referred to as this.
Here, more than half of all children who work in India do so. Nearly 20% of India’s child labourers are employed in Uttar Pradesh, the country’s largest child labour hub. In India, there are 1,26,66,377 child labourers, of whom UP has 19,27,997, according to a report by the Campaign Against Child Labour (CAC).
In India, child labour refers to activities that are damaging to kids in terms of their mental, physical, social, or moral development; they rob them of their youth, potential, and dignity; and interfere with their schooling.
In order to draw attention to the condition of these youngsters, the International Labour Organization (ILO) established the first World Day Against Child Labour in 2002, June 12 is the International Day Against Child Labour.
HISTORY OF CHILD LABOUR
When family run companies were transformed into neighbourhood labour marketplaces that mass-produced the once handmade goods, child labour first appeared in England. Working in a factory to make the same products was a natural transition for many of these adolescents because they frequently assisted in producing things out of their homes.
Even in Kautilya’s Arthashastra from the third century B.C., the use of children in India as slaves was noted. During the Middle Ages, children were typically employed as apprentices by artisans and craftsmen, and some industries entirely depend on the employment of children.
MANY FORMS OF CHILD LABOUR
Some of the worst types of child labour include slavery, child trafficking, debt bondage, forced labour, child soldiers, and minors engaged in illicit activities. One of the worst types of child labour is risky jobs like brick kilns, carpet weaving, garment manufacturing, domestic service, unorganised sectors (food and refreshment services like tea stalls), agriculture, fishing, and mining are a few industries in India known for high child labour employment and bad working conditions. Sugarcane, cotton, coffee, tobacco, livestock, rice, and fish are among the most popular agricultural products on the list. Bricks, clothes, textiles, footwear, carpets, and fireworks are the most common items made in the manufacturing industry. The most prevalent materials in mined or quarried commodities are gold, coal, and diamonds.
Children who live on the streets, including rag pickers, beggars, shoe shiners’ kids, etc. Children who are working as part of their family’s business. Children for Sexual Exploitation: Many young boys and girls are coerced into having sex.
VARIOUS CAUSES OF CHILD LABOUR
Many reasons contribute to child labour and exploitation, such as
- Poverty
- Social customs that support it
- Lack of education
- Lack of daily care
- Urbanization
- Limited works for women
- Tolerance of child labour
- The laws are insufficient in nature
- Lack of chances for adults and teenagers to find respectable job
- Migration
- Emergencies
- High rates of illiteracy caused by a lack of education
- Unemployment
- Overpopulation
These variables not only contribute to societal injustices that are exacerbated by prejudice, but they are also a result of them.
DEMAND FOR CHILD LABOUR
These factors contribute to the increased demand for child labour:
(1) The least expensive factor of production is child labour. By paying less than adults, more work can be done by using child labour.
(2) They lack organisation. They are unable to protest or raise a voice due to a lack of organisation. Therefore, it is simple to exploit kid employees in a number of ways without even realising it.
(3) Work could be taken away from them under risky and difficult conditions by paying less. They are threatened with or enticed into working longer than the allotted amount of time for the allocated assignment.
(4) More children are employed since they are so conveniently accessible.
(5) Children who should be in school but are instead assigned to work to support the family because rural areas lack educational resources. Since these are the hands that make more money, their parents send them to work.
CHILD LABOUR’S PSYCHOSOCIAL EFFECTS
Children who engage in the worst kind of child labour (WFCL) frequently go through traumatic situations such being separated from their parents, getting hurt, being sexually assaulted, and other traumatic occurrences.
A child who works as labour in any industry faces many issues as an adult. Such children are more prone to diseases at a very young age and suffer throughout their lives.
They should have the opportunity to develop and flourish in a supportive environment at home and at school. They shouldn’t be constrained by their parents just to maintain the family’s economic stability or by employers to obtain cheap labour.
The country should enact stringent legislation and take other essential measures to put an end to child labour in India. It is lowering the nation’s literacy rate. A child who does not attend school cannot contribute much to the nation’s pride.
Work that robs children of their childhood, their potential, and their dignity and is detrimental to their physical and mental development is frequently referred to as “child labour.” It refers to labour that is potentially hazardous to children and dangerous on a mental, physical, social, or moral level.
It is detrimental to kids’ physical and mental growth. Hazardous working circumstances that can result in accidents, illnesses, and even fatalities are frequently present in child labour. Children who must work long hours under hazardous circumstances are more likely to develop physical and mental disorders.
Children are particularly susceptible to their surroundings because of how their minds are still developing. Regardless of whether the child is in violation of the law or not, it is crucial that their environment is made conducive for their growth and development and that they receive the proper care and legal protection.
There is a diagrammatic view of working children engaged in child labour.
Year-wise Histogram of Child Labour
IS CHILD LABOUR IN INDIA A PUNISHABLE OFFENCE?
According to the UNO (United Nations Organisation), The definition of ‘Child’ is given as, a person who is still a minor and has not reached the age of 18.
Child labour is a punishable offence
1. Under the Abolition of Child Labour, child labour is now a crime.
2. In accordance with this right, compelling children to labour or beg is a serious infraction.
3. In a similar vein, forcing children under the age of 14 to perform tasks for which they are not physically capable or using them in dangerous environments like mines or factories is regarded as exploitation.
Anyone found guilty of using a kid under the age of 14 or a youngster between the ages of 14 and 18 in a dangerous job or procedure faces a sentence of up to two years in prison and/or a fine of up to Rs. 20,000.
Using children as labourers is a crime that carries a penalty. A person who violates the Child and Adolescent Labour (Prohibition and Regulation) Act by using children or teens for dangerous tasks faces a minimum 6-month prison sentence. The maximum sentence for breaking the law is two years in prison.
RIGHTS OF CHILD LABOUR
No child under the age of fourteen shall be employed to work in any factory, mine, or be employed in any dangerous occupation, according to Article 24 of the Indian Constitution.
On November 20, 1989, the UN General Assembly agreed and adopted the Declaration of the Rights of the Child. Among their rights are:
- Entitled to life
- Family environment rights
- Education as a Right
- Right to Social Security benefits
- Firmly opposed to sexual exploitation
- Firmly opposed to selling or trafficking
- Right against child labour and other types of exploitation.
CASE LAW
In the case of Jayakumar Nat & Anr vs State Of Nct Of Delhi & Anr on 4 September, 20151. Suraj, 12 aged child in concern, was a victim of child labour and as per the order passed by Child Welfare Committee was being kept at the Resilience Centre of Butterflies. The judgement was made that under section 482 of Code of criminal Procedure is a crime and illegal offence.
In the case of Seema Roy vs State (Govt Of Nct Delhi) & Anr on 4 September, 20152. Juvenile Justice (Care and protection of children) Act, 2000 was there to protect the childhood and support the children and here also judgement was made that child labour is a criminal offence.
Also in the case of
S. Ananthakrishnan vs The State Of Madras on 19 October, 19513.
A. Srirama Babu vs The Chief Secretary on 6 June, 19974.
Chhota Bhai Munnu Bhai & Co. vs State Of U.P. And Anr. on 11 November, 19985.
Court On Its Own Motion vs Govt Of Nct Of Delhi on 15 July, 20096.
Hemendra Bhai vs State Of Chhattisgarh on 6 January, 20037.
Civil Writ Petition No.9968 Of … vs State Of Punjab on 9 April, 20138.
State Of Uttaranchal vs Balwant Singh Chaufal & Ors on 18 January, 20109.
M.C. Mehta vs State Of Tamil Nadu And Others on 10 December, 199610.
And also lots of cases are growing in India. To prevent these cases to save the life of children It was declared that Child labour that means engaging a child in work is a criminal and punishable offence.
LAWS TO PROHIBIT CHILD LABOUR IN INDIA
Child labour are taken advantage of, subjected to dangerous working conditions, and compensated pitifully for their many hours of employment. The unorganised labour force includes them.
Also, (a) According to Article 24 of the Constitution, no child under the age of 14 may work in any dangerous jobs.
(b) According to Article 39(f), childhood and youth must be protected from being exploited and from being abandoned in both moral and material ways.
(c) According to Article 45, the State must make free and compulsory education available to all children within ten years of the Constitution’s inception, up until the age of fourteen. Child and Adolescent Labour (Prohibition and Regulation) Act, 1986
An Act to Prohibit the Engagement of Children in All Occupations and to Prohibit the Engagement of Adolescents in Dangerous Occupations and Processes, and the Matters Connected Therewith or Incidental Thereto is the full title of the 2016 Constitutional Amendment.
Rule 3 of Child and Adolescent Labour (Prohibition and Regulation) Act, 1986 states that each day’s labour time cannot exceed three hours, and no child is allowed to work longer than that without taking a break that lasts at least an hour. Between the hours of 7 p.m. and 8 a.m., no youngster shall be permitted or compelled to labour. No child shall be required to work overtime or be allowed to do so.
The Child Labour Act of 1986’s Section 7 details the hours and duration of labour. (1) No child shall be required or allowed to work more hours than may be required for such establishment or class of establishments in any establishment.
INITIATIVES BY THE INDIA GOVERNMENT
a. National Children’s Policy of 1974 It is the first policy statement addressing children’s rights and needs. It acknowledged that young people are the nation’s most valuable resource. The policy’s objective is to ensure that the UN Declaration of Rights and the obligations for children in the constitution are carried out. It describes the services the state should offer for a child’s full physical, mental, and social development before and after birth as well as during their time of growth.
a. The 1986 National Policy on Education urged “special emphasis on the removal of disparities and to equalise educational opportunity,” particularly for Indian women, Scheduled Tribes (ST), and Scheduled Caste (SC) communities. The strategy advocated for increasing scholarships, adult education, hiring more teachers from the SCs, giving incentives for low-income families to bring their children to school regularly, creating new institutions, and offering housing and services in order to accomplish these goals. In order to strengthen primary schools across the country, the NPE advocated for a “child-centred approach” in primary education and launched “Operation Blackboard.”
b. National Population Policy 2000: This policy seeks to enhance the situation of Indian children. It emphasised comprehensive childhood immunisation against all illnesses that may be prevented by vaccines, complete recording of births, deaths, marriages, and pregnancies, a significant decline in infant and maternal mortality rates, etc.
c. The National Policy on Child Labour, which was published in 1987, includes an action plan for addressing the issue of child work. It called for the creation of two types of legislative action plans: a project-based plan of action for the introduction of initiatives for the welfare of working children in regions with a high concentration of child labour, and a legislative action plan emphasising and bringing together general development programmes for children’s benefit wherever practicable.
d. The National Nutrition Policy was established in 1993 to address the issue of under nutrition. By using both direct (short-term) and indirect (long-term) interventions in the fields of food production and distribution, health and family welfare, education, rural and urban development, woman and child development, etc., it seeks to solve this issue.
The 2003 National Charter for Children (NCC) stresses constitutional provisions that support children’s rights as well as the role of civil society, communities, and families in upholding children’s rights and meeting their fundamental needs. The NCC makes specific note of the wellbeing of particular groups, such as BPL households’ children, street children, female children, child-care programs, and educational initiatives for preventing exploitation.
The Child Labour (Prohibition and Regulation) Act’s primary goal is to prohibit and safeguard minors from being engaged in hazardous jobs and working circumstances.
WAYS TO UPGRADE THE PREVENTIVE MEASURES
Suggestions for Improving Child Labour First and foremost, it is our job as individuals to participate in society. It all begins in your house. Never force a servant to perform labour if they are not old enough. Donate some money to the street guys. Organize anyone who wish to assist them. Construct welfare groups.
Give them a good education, as well as a place to live and food. It is feasible to produce a result if we all work as independently as we can. Never subject a youngster to prolonged, difficult work in a workplace. Raise your voice against those who are doing this by boycotting them. Inform them about the laws governing crimes like child labour.
Educate others about the issue. Come forward, own responsibility for your actions, and form your own opinions. Governments can also have a significant impact. First of all, they should create appropriate legislation prohibiting child employment and severely enact it against those who subject kids to laborious tasks. Additionally, governments should ensure that children have access to food, shelter, and other basic requirements. A youngster ought to have the same freedom he has in paradise. Keep in mind that criminals often use youngsters as tools in their crimes. Governments should be aware of this and take the appropriate action. And last, we live in a globalised world. The several international organisations may take action to educate the public about the need to end child labour.
By providing free education through the “education for all” project and applying pressure to the government to uphold the legislation and supply the required elements for the welfare of children, they may assist children financially. Eliminating childhood illness will be simple thanks to the cooperation of the aforementioned bodies. Children are a symbol of purity and innocence. If you are a true person, you should cry when you see someone sleeping on the street while they are starving to death. We, the youth, speak up. Improve the environment for the next generation. The major responsibility is for we the people to live in the society. It starts in your home. Never make any servant do work underage. Give some financial help to the street boys. Unite people who want to help them. Make welfare groups. Give children education and give them shelter and food. If we all work from our own place as far as we can, then it is possible to have a result. Never put any child to hard and heavy work in an industry. Boycott the people who are doing this and raise your voice against them. Make them know the law of crime like child labour. Raise awareness to the people. Educate others about the issue.
It guarantees every child their inalienable right to childhood health and happiness, addresses the underlying issues that prevent children from growing up healthy, and awakens the community’s conscience about the need to protect children from all forms of abuse while bolstering the family, society, and the country. According to the Charter, the State and community must take all reasonable steps to guarantee and preserve the survival, life, and liberty of every child. According to the Charter, the State and community must make every effort to give teenage children the education and skills they need in order to prepare them to become contributing members of society.
In simple words, we have to keep in mind these following needful:
- Review the country’s child labour legislation.
- Refer to the specifications of your buyers.
- Verify your employees’ ages.
- Determine dangerous labour.
- Perform a risk assessment of the workplace.
- Stop hiring youngsters who are under the legal age.
- Keep kids away from dangerous work.
CONCLUSION
The results are devastating. Child employment can cause severe physical and mental suffering, and even death. Slavery and other forms of economic or sexual exploitation may result. And in almost every instance, it denies children access to education and healthcare, limiting their fundamental rights.
They should have the opportunity to develop and flourish in a supportive environment at home and at school. They shouldn’t be constrained by their parents only to maintain the family’s economic stability or by businesses just to obtain cheap employment.
It is evident that incidence of Child Labor is decreasing in India over the recent past. However, still 40 million children are out of school of which 6 million are working outside home. Major problem is the presence of a large mass of Nowhere Children, who are neither working nor going to school. If we look at the plausible determining factors, poverty emerges to be a necessary but not a sufficient condition for thriving of child labor. While poverty is instrumental in keeping the children out of school, it does not necessarily drive them into the labor market. It is only the presence of other complementary factors like lack of educational infrastructure that appears to play a much more crucial role in pushing children to work. The physical component of educational infrastructure is no doubt important in this respect but the humane factor is emerging to be more important. Undoubtedly, the physical aspect of educational infrastructure is crucial in this regard, but the human element is starting to take centre stage.
The growth of the educational infrastructure with a focus on basic education and the observation that it plays a significant role in this respect would be extremely helpful in the fight against child labor. An developing theory on educational infrastructure holds that, overall, we have somewhat progressed past the point where there was a severe lack of physical infrastructure, such as a lack of school buildings and other facilities. It is thought that the current backlog is mostly caused by the human element, specifically the availability of teachers. Therefore, the major objective is to make sure that schools have enough staff and that teachers have the time to care for individual children.
Additionally, this will make learning entertaining and draw and keep young kids in school. The way that schools operate has to be changed as well, since informal institutions established under various Sarva Shikhsa Mission (SSM) programmes are frequently found to be quite successful at bringing out-of-school children into the purview of education. It is rather intriguing that SSM is responsible for an increase in the percentage of kids attending educational institutions with subsidiary status over time. They may have found comfort in the unconventional class schedule and casual teaching style, which allows them to attend lessons even after completing their assigned tasks. Such a strategy will meet the promise of children’s right to education without sacrificing their more comprehensive right to (earn and) live.
Author – Nitasha Saha
REFERENCES
- Constitution of india by M P Jain (for articles)
- https://indiankanoon.org/search/?formInput=cases%20on%20child%20labou
- Code of Criminal Procedure Book by S N Mishra
- https://images.app.goo.gl/JJGfL4rHSLUTBWmo8