Project Child Labour

CHAPTER-1
INTRODUCTION
The child is the most precious human resources; childhood represents the most tender, most
formative and most impressionable stage of human development. Regretfully, however, the joy
associated with the birth of a child is short-lived as the childhood is subjected to a process of sex
-based discrimination and ruthless exploitation as soon as a child crosses infancy and is able to
stand up and walk on the earth. Child labour as understood by international conventions and
national legislation is a violation of human rights so fundamental that it must be outlawed
without compromise. Deploring this phenomenon, the Supreme Court of India, in
BandhuMuktiMorchaVsUnionof India and Others observed:
A child of today cannot develop to be a responsible and productive member of tomorrow's

society unless an environment which is conductive to his social and physical health is assured to
him. Every nation, developed or developing links in future with the status of the child. Childhood
holds the potential and also sets the limit to the future development of the society. Children are
the greatest gifts to humanity. The parents themselves live for them. They embody the joy of life
and in their innocence relieve the fatigue and drudgery in their struggle of daily life. Parents
regain peace and happiness in the company of children. Children signify eternal optimism in the
human being and always provide the potential for human development. Neglecting children
means loss to the society as a whole. If children are deprived of their childhood -socially,
economically, physically and mentally - the nation gets deprived of the potential human
resources for social progress, economic empowerment and peace and order, social stability and
good citizenry.
Child labour is a multi-faceted issue that has been addressed at both the international and
national levels. In recent years, forces such as international trade have become instrumental in
shaping discussion on this issue. The Seattle Round talks clearly indicate that child labour today
occupies a central position in the social clause debate. Moreover, child labour itself is playing an
DEPARTMENT OF SOCIAL SCIENCE, FAKIR MOHAN UNIVER SITY, BALASORE
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important role in shaping -the course of multilateral trade discussions and the future WTO
agenda.
Working children occupy a relatively weak and easily exploitable position in work
relations and in the labour market they share this problem with other structurally disadvantaged
groups in society (for example women, ethnic minorities or migrants, the disabled). However
they are the only among such groups whose exploitation is generally addressed by attempts to
'remove' them completely from the labour market, rather than by supporting efforts to improve
the terms and conditions under which they work.
Globalisation and the collateral indebtedness and the widening income gap between rich
countries and the countries in the Third World may have exacerbated the problem, despite all
good intentions. Structural policies of adjustment adopted in many developing countries, have
led to the national governments spending less on basic services such as education. This leads to
an increase in child labour.
International competition and demand for cheap goods has resulted in global exploitation
of child labours in recent years. Child labour is used by both domestic and foreign firms to cut
cost and lo make their products competitive in the international market. Thus with the outset of
globalisation and the resulting free market economy. Children have been increasingly employed
in commercial establishments to maximise profits. Generally, children are employed in
occupations, which do not come under government regulation. Though multinationals may not
get involved directly in using child labour, they have contributed indirectly to the growth of child
labour in developing countries.
The assumption that child labour is confined to the poor nations is a myth. But in each
nation, it is surprisingly high. Examples of hazardous child labour can still be found in most rich
countries and their incidence is increasing rather than decreasing. The reason for this kind of
child work is that it is largely removed from public notice or that a blind eye is turned towards it.
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Often it takes place within the ethnic minority or immigrant group. The UK and USA have
adjusted themselves to a rise in the number of children entering their work force.
Global figures on child labour do not tend to include the children of the West. Yet, part-
time work in the rich world by children in their early teens is considered socially acceptable. The
involvement of migrant children in USA in agriculture is routine. Also, in USA, occupational
hazards are common.
The world’s population of working children has yet to be counted accurately. It is because
child labour lies beyond the reach of conventional statistics. The West has controlled most of the
international agencies involved in calculating global child labour. Developing countries have
been the target of a fault-finding exercise by many western scholars and organisations.
The highest incidence of child labour is to be found in the poorest countries of the world,
particularly in poorest regions of these countries. The growth of child labour world-wide is the
result of globalisation, and we all bear some responsibility for its growth.
In South Asia, the highest incidence of child labour is to be found in India. It is ironical
that there are 55 million child labours in India while 55 million unemployed youths are also
looking for jobs. Child labour has dramatically increased in South Asia mainly due to the
expansion of government exports to the West. In fact, working of children various organised and
unorganised sectors is quite widespread in underdeveloped countries like India. Of these,
migration of child labour to urban centers is quite pervasive as the job- seeking children expect
to get some sort of employment eventually in the urban areas, and hence, can spend a part of
their income for their dependent parents. They are more often compelled to work in an
unhygienic environment with meager income, perform various types of work for hours together,
face sexual and physical assault, and are deprived of education. In India more than 20per cent of
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the GNP of the country, is to be contributed by child labour. Child labour in India is therefore a
national tragedy.
An Analysis of several countries with serious child labour problem is instructive. Child
labour increased with international demand in sectors where child labour was not prevalent
previously. The seven year old children working in the export factories of South Asia are not part
of tradition, but of the recent global exploitation of children and to meet international
competition and demand for cheap goods.
Global development institutions such as World Bank deny responsibility for child
labourers and even maintain that a nation's economic viability correlates with the number of
children in factories. The silence of World Bank in face of the tragic trend is shameful. The
World Bank not only continues to finance projects, which contribute to the growth of child
labour, but also eulogises industries, which rely on child labour.
Apart from the concern that child labour is a developmental problem, it also reflects the
new dimension it has acquired in the context of the attempt to bring the issue under the World
Trade 01-ganisation with a view to linking child labour with International Trade. The linking of
child labour to international trade refers to the imposition of tariff penalties, non-tariff barriers,
and sanctions on traded products made with child labour, and to a limited extent, to trade
incentives for progress in eradicating child labour. Given that 95 percent of the working children
are in the developing world, the linking of' child labour with trade is of great concern to many
developing countries, particularly India.
With the heralding of the new millennium the problem of child labour stands as one of the
important global challenges. Billions of children today are turned child labour due to various
socio-economic problems. Child labour is by all means a despicable and unacceptable social
reality in the modem world. National and international responses to the question of child labour
reflect a number of assumptions which are almost completely at odds with the views and
preferences of the children themselves. Paradoxically, powerful lobbies in some of the world's
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wealthiest countries, which cannot enforce, and in some cases, are beginning to relax their own
child labour laws, are trying to insist that the developing countries tighten and /or enforce their
laws under the threat of various forms of sanction and boycott. Sanction alone will not end child
labour. A constructive and sensitive approach to the problem of child labour is needed for a
lasting solution, not trade embargoes. One should not link the problem with trade. The developed
countries are trying to bring the issues of child labour standards and child labour under the
purview of the WTO as a non-tariff barrier for trade. Forcing the issue of child labour under the
WTO in the contest of-trade and market access has to be regarded as a motivational exercise
by some developed countries. The right institution to discuss the issues of labour standards and
child labour is the International Labour Organisation [ILO], and not the WTO.
The recent trends in the Indian economy towards greater liberalisation, privatisation and
globalisation are having certain identifiable effects as far as the labour markets are concerned.
These may be characterised as short- term response to long term adjustments. As a result, a trend
has emerged towards a reduction in the size of the state. Publicly owned corporations have been
privatised and public expenditures have been cut to the bone. The whole economic and social
policies have been reduced to adjustment and management processes with a very, short – term
perspective, in search of financial equilibrium. The focus on export growth has meant, in many
sectors, the need to keep wages low, enabling products to compete in structured Western markets
for consumer goods. This trend has also increased the use of children as a labour force.
Liberation-related policies have exacerbated economic conditions of the poor, leading to an
increase in the number of children forced to work or beg. In a society, where there are no definite
rights, market persons and adult unemployment, often gets translated into intensified exploitation
of children in dehumanising ways, including child prostitution.
Thus, the policy shifts in favor of open trade, privatisation and lower public spending on
social services in India adversely affect children's lives and increase inequality. Its cultural,
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political and social impact affects not only cultural values and life styles but also the
achievements of sustainable development.
Child labour is not only morally acceptable, illegal and an affront to human dignity; it is
also extremely poor economics. It retards the development of human resources, reduces lifetime
earnings of the individual, and lowers the level of productivity and economic growth for the
society at large. Children who work at an early age tend to have a lower level of education,
which enforces social and economic inequalities and limits their prospects for upward mobility.
Work also inhibits the self-esteem of the child and interaction with parents, other school going
children and enrolment in primary school. Lack of access to the school structure due to pre-
occupation with work leads to differentiation of child activity between schooling and labor. The
working children, therefore, face differentiation and segmentation in job access, which is
associated with differential access to the schooling system itself. 'Therefore, child labour is
highly inimical to the educational, intellectual and potential economic development of these
children. The skill development of children as child labourers is no substitute for the access to
social mobility, which is possible through access to formal educational system.
Child labour is a global crisis. There-fore a global response is needed. No nation,

community or household can expect to achieve sustainable human development if it tolerates
child labour, if it neglects the developments of its human resources and if it squanders its most
valuable resource, namely the potential capabilities embodied in its children.
OBJECTIVES
The study has been undertaken to achieve the following objectives:
1. To study the socio-economic and demographic background of the child labour in

Balasore.
2. To study situational factors forcing the children to become child labours.
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3. To find out the causes of child labour.
4. To find out the contribution of the child labour to the family income.
5. To analyse the living and working conditions of the child labourers after getting
employed.
6. To access the nature of exploitation and extent of abuse.
7. To find out the employer-employee relations.
8. To identify the bad habits of the children.
9. To suggest measures to solve the problem of child labour and their rehabilitation.
HYPOTHESES
Following are the hypotheses of the study

1. In Balasore child labour is more widespread in unorganised sector than in organised
sector.
2. Reason other than economic lures the children to seek employment.
3. There is a positive correlation between the size of the family and the incidence of child
labour.
4. Child workers who migrated to Balasore from the nearby villages of the town belong to
lower social strata.
5. There is a relation between the expansion of the hotel industry, construction works,
mechanical works in garage and child labour.
6. Hotel, restaurant, garage, builders, road side food and tea stalls owners are able to pass on
the reduction of costs due to the employment of child labour to the customers.
7. There is a positive relationship between adult labour and child labour.
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SITE OF THE STUDY
 Site of the study is Balasore Township.
Balasore (also known as Baleshwar) is a strategically located city in the state of Odisha,
about 194 kilometers (121 mi) north of the state capital Bhubaneswar, in eastern India. It is the
administrative headquarters of Balasore district. It is best known for Chandipur beach. It is also
the site of the Indian Ballistic Missile Defence Program's Integrated Test Range, located 18 km.
south of Balasore. The lingua franca is Odiya.
GEOGRAPHY
Balasore is a city in the North of Odisha. It is located at the south eastern part of the India. The
city is surrounded by West Bengal in the north, and the Bay of Bengal to the East. Balasore is
located at 21°30`N, 86°56`E. Balasore surrounds an area of 3076 km2. Geographically, Balasore
or Baleshwar comprises three distinct regions of North-Western Hill ranges, Coastal Area and
inner alluvial belt. Balasore is also known “The city of Land on Sea Shore" or” City of Sand"
Balasore is famous for its forests and mines. This district is noted for the Budhabalanga
River and 3824 Feet high Mountain Mahagiri. Balasore, the coastal district of Odisha is
crisscrossed with perennial and estuarine rivers because of its proximity to the sea. Two
important rivers of Odisha, namely:-Budhabalanga and Subarnarekha pass through this district
from west to east before surging into the Bay of Bengal. The irrigation system in Balasore
district is very much widespread.
DEMOGRAPHICS
The population in 2011 is 156430 and is the 7th most populous city in Odisha. As of
2001India census, Balasore had a population of 106,032. Males constitute 52% of the population
and females 48%. Balasore has an average literacy rate of 86%, higher than the national average
of 59.5%. 11% of the population is under 6 years of age. It is the most literate town of Orissa.
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ECONOMY
Balasore is the main town in the District of Balasore. The primary occupation of people in
the district of Balasore is cultivation. Balasore district is mostly known for cultivation of paddy,
since rice is the staple cereal of the local people. The district has four major revenue sources
Industries, Agriculture, Fishing and Tourism. Multiple projects for Shopping malls are also in
pipeline.
CASES OF CHILD LABOUR IN BALASORE
Source :OdishaTV Bureau

published on : 5/1/2011 12:17:48 AM
Balasore: The district labour department on 5/1/2011 conducted raids on some hotels here and
detected an overwhelming number of child workers employed. The raids conducted on seven
hotels in the district laid bare the ugly face of child exploitation carried through employing
underage workers. Following the raids, the erratic hotel owners have been booked under the
Child Labour (Prohibition and Regulation) Act.
Sarat Kumar Choudhary, District Labour Officer, Balasore, said, "In our raids in the areas of
Sahadevkhunta near bus stand, station area and sadar police station square, we detected cases of
child labour from seven different sites and booked the employers of the child workers under
Section-3 of Child Labour Act." According to district labour officials, similar raids will be
conducted in future to keep checks on the growing exploitation of children.
Sample
Total sample of the study was drawn from three categories of individuals.
1. The working children (30)

2. The Parents of the working children.
3. Employers
4. Adult co-workers.
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CHAPTER-2
REVIEW OF LITERATURE
Studies on child labour cover reports of various types prepared by various governmental,
semi-governmental or voluntary agencies of national and international statures. These reports are
based on primary or secondary data and are about urban or rural, industrial or agricultural areas.
There are few nation-wide studies on child labour, the earliest study being the one conducted by
Labour Bureau, Ministry of Labour(1954). The study was based on secondary information and a
few on the spot investigations in industries, e.g., mines, plantations, cottage industries like
handloom, weaving, leather making, carpet making, tailoring, potteries etc.
In 1979 being the international year of child, the Central Government sponsored some studies
on child labour and also undertook nation-wide rapid survey on child labour. The study
investigated the dimensions of the child labour and the occupation in which children were
employed, and the existing labour laws- their adequacy and implementation of various pieces of
labour legislation. Many disturbing factors like long hours of work and low wages were also
brought out. The study recommended model legislation on child labour and also suggested the
need to involve social workers, voluntary organisations, trade unions and parents to assist in the
enforcement of legislative measures. Besides this, the subject has also been widely discussed at a
number of national and international seminars and conferences from time to time.
The studies concerning child labour can be broadly divided into journalistic and those
conducted by several social scientists. The scientific studies can be further divided into macro
and micro studies. The micro-level empirical studies on child labour have been undertaken both
in the rural and urban unorganised industrial sectors in the country. Although the studies on
working children conducted in rural areas are many, they are beyond the purview of the present
study
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The findings of the study on Migrant child labour in Odisha (Tripati, 1997) reveal the
following things.
 Migrant child labours are mainly from the drought prone poverty-stricken scheduled
caste and tribe families.
 The contribution of child labours to the family income is substantial as they contribute at
par with adult members.
 Child labour constitute more than 38 per cent of the total labour force among the brick-
kiln labourers of Bolangir (Orissa) migrating to Ganjam District.
 Work environment of the brick-kiln labourers is grim and they are usually victimised by
health hazards of tuberculosis, eye and hand injuries.
 The child labourers in brick making industry toil hard and usually walk a distance not
less than 16 kms per day.
 Most of the migrant child labourers of Bolangir are illiterate, which constitute more than
83 per cent.
 Most of the migrant child labourers of Bolangir are indebted to the moneylenders locally
known as 'gointia'.
 Landless labourers and marginal farmers combinedly constitute 85 per cent of the
migrant child labour households.
 Though large number of migrant child labour households migrate to Ganjam
 District but comparatively a higher percentage (55 per cent) migrates to outside Odisha.
 About 50 percent of the migrant child labour families are having a family size of 5 to 8
members.
 Eighty per cent of the child labours that migrate to Surat are in the age group of 11-14.
 Textile and handloom sector is the main employer of child labour in Surat, which
constitutes about 80 per cent.
 Most of the child labourers have only primary level of education and they are deprived of
continuing their studies.
 The main occupation of the parents of child labourers is agriculture.
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 Poverty and indebtedness have been manifested among the migrant child labourers of
Ganjam.
Vibhakar (2009) has highlighted about child labour. In India, it is an extensive human right
issue. Naidu and Ramaiah (2006), discussed about the prevalence of child labour which is one of
the most important problem confronting the world at large. A study of the Committee on child
labour (1979) appointed by the Ministry of Labour, Government of India examined various
dimensions of child labour in different occupations. The study revealed that the incidence of
child labour was highest in Andhra Pradesh, where it accounted for about 9 percent of the total
labour force, 9.2 per cent of the total child population and 3.7 percent the of the total population
of the state in 1971. The child labour was more prevalent in rural areas than in urban areas. The
participation of children in the labour force in the age group of 10- 14 years was very high
(28.9%) for males as compared to females (20%). Another study on the working children in
Bombay by Singh (1980) reveals that in the age group of 6- 15 years, it is found that most of the
working children belonged to low income groups in urban centers who generally reside in slums
and depressed areas. This study was conducted on 203 boys (67.7%) and 97 girls (32.3). Out of
these 300 working children, 211 (70.3%) worked under employer and 89 (29.7%) were self-
employed.
A study by Singh, R. (1980) revealed the implementation of various laws for the working
conditions and welfare of child labour is concerned that employees had colossal ignorance about
the existing laws. Only 20 were in favor of legislation for regulating employment of children.
Similarly, the study by Sharma (1982) reveals on the working children to examine the extent of
exploitation and socio- economic background of child labour, found that 565 of the respondents
had to work for 15 to 18 hours per day for earning their livelihood, 44% for 10 – 15 hours per
day. As for as payment of wages, 815 of the respondents were receiving up to Rs.50/- per month,
while only 35 respondents received more than Rs100/ -per month.
The study by Weiner (1990) reveals that, historically in our country, child labour has been
seen as an economic phenomenon. As per his study, the relationship between children and work
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is dictated to a great extent by the state of economic development or the system of production
prevalent in the country. Another survey conducted by Vemuri and Anand (1998), reveals that
child labour contributes to over 20 percent of GNP in India.
The child labour continues to be a reality in almost all parts of the world. Although the
number of children working throughout the world is unknown. It is very large indeed and
unquestionably in the hundreds of millions. In recent years, the child labour problem and its
impact have received increased attention. Undoubtedly, this increased attention is due in part to
the fact that child labour often has serious social, moral, economic and demographic implications
for children, households, communities, societies and the world. Therefore, the elimination or
reduction of child labour has been the aim of numerous fields in different parts of the world.
Over the years, however, global consciousness about the seriousness of the problem has
created several nongovernment organizations that are working towards the welfare of these
children. The constitution of India is also committed to the protection and promotion of the
welfare considerations over the economic ones.
Child labor is a very complicated development issue, effecting human society all over the
world. It is a matter of grave concern that children are not receiving the education and leisure
which is important for their growing years, because they are sucked into commercial and
laborious activities which is meant for people beyond Mohapatra and Dash 1201 their years.
According to the statistics given by ILO and other official agencies 73 million children between
10 to 14 years of age are employed in economic activities all over the world. The figure
translates into 13.2 of all children between 10 to 14 being subjected to child labor.
Child labour is most rampant in Asia with 44.6 million or 13% percent of its children doing
commercial work followed by Africa at 23.6 million or 26.3% which is the highest rate and Latin
America at 5.1 million that is 9.8%. In India, 14.4% children between 10 and 14 years of age are
employed in child labour. In Bangladesh, 30.1% in China, 11.6%, in Pakistan, 17.7%, in Turkey,
24%, in Cote D’lvoire, 20.5%, in Egypt, 11.2%, in Kenya, 41.3%, in Nigeria, 25.8%, in Senegal,
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31.4%, in Argentina, 4.5%, in Brazil, 16.1%, in Mexico, 6.7%, in Italy, 0.4% and in Portugal,
1.8%. The above figures only give part of the picture. No reliable figures of child workers below
10 years of age are available, though they comprise a significant amount. The same is true of
children in the former age group on whom no official data is available. If it was possible to count
the number of child workers properly and the number of young girls occupied in domestic labour
taken into account – the figure will emerge as hundreds of millions.
Child labour is also prevalent in rich and industrialized countries, although less compared to
poor nations. For example there are a large of children working for pay at home, in seasonal
cycles, for street trade and small workshops in Southern Europe. India is a glaring example of a
nation hounded by the evil of child labor. It is estimated that there are 60 to 115 million working
children in India- which was the highest in 1996 according to human rights watch The problems
coming from a centrally planned to market economy has led to the creation of many child
workers in central and eastern. Same is the case in America. The growth of theservice sector,
increasing provision of part time jobs andthe need for flexible work force has given birth to a big
market for child workers here.
The studies on child labour reviewed above indicate that the plight of theworking children
has close relation with certain aspects of individual capitalism.These studies point at the need to
understand the prevailing socio-economic situationand advocate a closer look into the deep roots
in order to reveal the nature ofchildren's economic contribution. Some studies have identified
social relations ofproduction and mode of exploitation that conditions the activities of children.
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CHAPTER- 3
METHODOLOGY AND DATA SOURCES
To prove the hypotheses spelt above, inferences have been drawn from primary sources as no
other work has been done in this area before. However for comprehending the conceptual
framework, use of secondary sources has also been made use of extensively. For the purpose of
exhaustive understanding, both formal and informal methods were used. The data gathered relied
primarily on survey and observation method. An attempt was made to record valid and reliable
information to the maximum possible extent. This demanded a number of visits to the work
places of child workers their homes, and their employers.
Apart from the use of survey and participant observation for gathering data some tools of
rapid appraisal like focus groups and key informant interviews were employed. This yielded vital
qualitative data for the research. For collecting primary information interview technique has been
used. Separate schedules were prepared and were administered by the researcher himself with a
view to securing information from the three kinds of respondents - child workers, parents of
child workers and their employers. Besides information collected through structured schedule,
some typical case studies have been done for in-depth analysis. These cases are intended to
provide a more comprehensive picture of the exploited children.
The researcher, to gather more information about the problem, also conducted informal
discussion with the adult workers. During the course of the study a number of social activists,
medical practitioners, Non-Governmental Organisations and academicians were contacted.
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RESEARCH TOOLS AND TECHNIQUES OF DATA COLLECTION
For collecting information interview technique has been used. Separate schedules were
prepared in Odia and were administered by the researcher himself with a view to securing
information from three types of respondents- child workers, parents of child workers adult co-
workers and their employers.
The schedules for collecting information from child workers contained, besides personal
information about the child, information regarding his family background, his educational status
etc.
The second schedule the parents contained mostly open-ended questions. It sought to collect
information regarding firmly background, economic status, factors responsible for being a child
labour, awareness about the working and service conditions of the child workers, views
regarding their expectations of the government on welfare of the children etc.
The third schedule was for employers. In the schedule information about the establishment,
number of workers, type of work assigned to the children, reasons for their employment etc.
were included. In addition to these, nature of recruitment of the children, their attitude regarding
various types of behavior of the children, reactions of the employers about the existing labour
legislation, and child labour as such were also measured.
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DIFFICULTIES FACED IN THE DATA COLLECTION
Children being immature, sometimes it was difficult to get adequate answer from them.
Sometimes the children could not follow the questions. Moreover, fear and anxiety compelled
them to remain silent, which led to wrong answers in many cases.
Much information had to be elicited, therefore, through observation. Sometimes helpof the senior
workers was also sought for some of the information. While asking questions, the movement and
total behavior pattern of the child was observed.
Exact enumeration of children working in various hotels, restaurants, teashops, garages,

constructions was not available; therefore, a lot of difficulties were faced by the researcher in
identifying and making list of the child workers for the purpose of the sampling.
During the first contact for getting information the employers gave specific number of child
labour, but when contacted the second time, in order to canvas the interview schedule, they
reported that they were not employing any child labour. So, lot of effort was made to convince
them about the utility and purpose of the study, which ultimately motivated them to furnish
information.
Since the employers know that child labour is illegal, they were reluctant to allow interview
the researcher had to convince them that the data collected would be used exclusively for the
purpose of the study and not for disclosure or publicity.
The children were either under observation of the employers or the adult workers even at the
time of' interview. So the children were not ready to speak frankly.
The children were doubtful about the purpose of the interview. Since there was no time to
establish proper rapport, some children were hesitant to speak out.
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At times, the researcher was not allowed enough time to interview the children. Though the
interviews were not at the peak hours of the business, there were restrictions on the time allowed
by the employer.
Despite these limitations, the researcher tried his best to have a real picture of the situation by
conducting discussions outside the work place with adult workers.
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CHAPTER-4
CHILD LABOUR LEGISLATIONS IN INDIA
The problem of child labour in India one of great magnitude compared to other developing
countries of the world. Not only is it eating into the very vitals of the democracy but also is
affecting our productive efficiency. As a child is forced to labour under subhuman and inhuman
conditions, its health is shattered and growth shunted. Thus it affects our social production in the
long run. It is in recognition of this fundamental fact that much thought has been paid to the
subject of child labour both in the pre-independent and post-independent periods and by the
framers of our constitution. Result of this is a plethora of legislation that aims at prohibiting the
incidence of child labour. Certain other legislation, while accepting the reality of employment of
children in certain selected areas, tries to regulate their work environment, pay, hours of work
etc.
This chapter deals with matters such as the constitutional provisions on children, the history
of child labour laws, various child labour legislation, both in the pre-independent and post-
independent periods, and initiatives at the international level to reduce and eliminate the
incidence of child labour. An attempt is also made to analyse how far this legislation is effective
as well as their merits and demerits.
There are numerous legislation in lndia that deals with the varied aspects of child labour.
Several committees, sub-committees and commissions have been appointed from time to time by
the government to find out ways and means to prevent child labour. Similarly, more than twenty
Acts enacted in this regard, have provisions for safeguarding the rights of wolking children.
Besides, the government has also appointed a 'Task Force on Child Labour' which has been
set up on the recommendation of the Central Advisory Board on Child Labour. On the
recommendations of this Task Force, the government has formulated the National Policy on
Child Labour in 1987. Also the Supreme Court passed orders on December 10 1996, banning the
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employment of children in hazardous occupations with action to be taken against those
employing children All these efforts seem to be directed towards the well-being and proper
development of children.
CHILD LABOUR LEGISLATION IN COLONIAL INDIA
Child labour restrictive legislation dates back to the colonial period in India from whence
were introduced limits on age and time of work for children and their restriction to certain
sectors of employment. During the first half of the twentieth century a huge network of labour
commissions and, prior to that, factory commissions were set up to go into the conditions of
work and the environment at the work place. Successive pieces of legislation came into being
during the course ok the colonial intervention from the 1980s.
The origin of the statutory protection of the child worker in India can be traced back to the
Indian Factories Act. 1981. The Act prohibited the employment of children less than seven years
of age and also in two separate factories on the same day. It limited the working hours of
children to nine hours a day and stipulated that at least four holidays be given in a month.
However, this Act covered only factories employing 100 persons or more. In 1981 this Act was
revised. The Indian Factories Act 1891 increased the minimum age limit to nine years and the
hours of work were reduced to seven hours for children between 7 and 14 years. It also
prohibited work at night between 8 p.m. and 5 a.m. In 1901, the Mines Act was passed, which
prohibited the employment of children less than 12 years of age and employment dangerous to
children's health safety. In 1911 a new Factories Act was passed which reduced the working
hours of children in factories to 6 hours a day. The Act prohibited work between 7 p.m. and 5.30
a.m. by children. It further provided that all child workers should possess age and fitness for
employment certificate. However these measures provided very little protection to child workers.
These measures were quite inadequate because they paid very little attention to the unorganised
sector of industries.
20
In the period between 1920 and 1930 some more progress was made in protecting children.
The formation of the International Labour Organisation in 1919 and the establishment of All
India Trade Union Congress in 1920 gave an impetus to reform laws relating to conditions of
labour in general and child labour in particular. During this period, measures were taken to
increase protection to children working in factories, mines and ports. By the Factories Act 1922,
the scope of factories has extended to cover any premise where 20 or more persons were
employed and mechanised power was used. The local government was empowered to extend the
provisions to any premise where 10 or more persons were employed. This Act defined child as a
person who had not completed 15 years of age. It reduced the working hours of children to six
and necessitated the granting of a half an hour interval for children employed for more than five-
and-a-half hours. Children were required by this Act to have a medical certificate of re-
examination for continuing work. The Mines Act, 1923, raised the minimum age for employment
from 12 to 13years in mines. The Indian Ports (Amendment) Act, 1931, prescribed the minimum
age for employment of children handling goods in ports as 12 years.
In the period between 193 1 and 1949, more concerned efforts were made to deal with child
labour. The scene was set with the publication of the Royal Commission for Labour, which
recommended extensive reforms. The Tea Districts Emigrant Labour Act 1932, was passed to
check the migration of labour to the tea cultivating districts. One of its provisions lay down that
no child under 16 should be employed or allowed to migrate to districts with tea plantations,
unless the child is accompanied by his parents or other adult relative on whom the child is
dependent. In 1933 the Children (Pledging of Labour) Act was passed. This Act prohibits
pledging of labour of children for employment. It also prescribes penalty for persons and
guardians pledging child labour. Factory legislation also underwent changes as a result of the
Report of Royal Commission of Labour. The Factories Act of 1934 evolved elaborate provisions
regularising employment in respect of various age groups working in factories. It prohibited
employment of children between 12 and 15 years to five hours a day and imposed certain
restrictions on children between 15 and 17 years.
21
The ILO in 1937 adopted a convention fixing a minimum age at which children were to be
employed in certain occupations. The Employment of Children Act, 1938 was passed to
implement this convention. It prohibited employment of children under 15 in hazardous
occupations like railways and ports. It also dealt withemployment in industrial establishments
not covered by the Factories Act. Though the 1938 Act banned child labour in hazardous
industries, it made an exception in favor of family labour.
The British introduced legislation restricting the employment of children in pre-independent

India. The major thrusts of these laws were only on regulating the conditions and hours of work
of children. Moreover, these laws were mainly confined to factories and mines. Also, there was
no effective process of verification and strict enforcement rules. It is also important to note that
no unified attempt was made by the British to prohibit child labour as such.
CONSTITUTIONAL PROVISIONS
India has followed a proactive policy in the matter of tackling the problem of child labour.
India has always stood for constitutional, statutory and developmental measures that are required
to eliminate child labour. Six International Labour Organisation (ILO) conventions relating to
child labour have been ratified and three of them as early as first quarter of the 20th century. The
framers of the Indian Constitution consciously incorporated relevant provisions in the
Constitution to secure compulsory universal elementary education as well as labour protection
for children. The provisions relating to children discussed in the chapter on Fundamental Rights
and Directive Principles of State Policy indicate the commitment of our nation towards the well-
being and proper development of children. Article 15 (3) of the Constitution empowers the state
to make special provisions for women and children. It says, "Nothing in this article shall prevent
the state from making any special provisions for women and children". Article 24 states, "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".
22
The Constitution of India in its Directive Principles of State Policy directs the state to frame
policy and take action in relation to child rights, including employment and education of
children. Article 39(e) lays down that "the health and strength of workers, men and women, and
the tender age of children are not abused and that children are not forced by economic necessity
to enter avocations unsuited to their age or strength". Again, Article 39 (f)provides 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". When the constitution of India was adopted child illiteracy
was an acute problem and required a mammoth state apparatus to cater to the primary education
needs of children. Keeping this in view, the framers of the Constitution directed, through Article
45 that, "state shall endeavor to provide, within a period of ten years from the commencement of
this Constitution, free and compulsory education for all children until they complete the age of
fourteen years". Besides the constitutional provisions, subsequent governments before and after
independence have enacted a number of legislation to regulate child labour and prevent the
exploitation of children by employers.
POST INDEPENDENT LEGISLATION
Post independent period also witnessed enactment of a number of legislation, regulating the
various aspects of child labour. The Labour Department under the central and state governments
deal with the problem of child labour. As being a multifarious problem child labour needs the
coordinated efforts of other governmental departments like social welfare and education for
effectively curbing the issue. Labour welfare and vocational and technical training of labour are
placed in the concurrent list of the Constitution. Therefore, both the center and states may enact
legislation on child welfare. Generally, the center has promulgated the enactment dealing with
child labour. The state laws are in the area of non-industrial occupations such as shops and
commercial establishments.
23
The first step in restricting child labour in the post independent era was made in 1948 by
passing the Factories Act. It prohibits the employment of children below 14 years in factory. The
Act requires persons between the age of 14 to 18 years to obtain a certificate of fitness from a
certifying surgeon and periodical examination. 'The Act prohibits employing children between
14 and 17 years at night (between 10 p.m.- 6a.m.) between 14 and 15 years for not more than
four-and-a-half hours in any day only one shift and in one factory. The Act prohibits employing
children in certain processes within factories. They shall not be allowed to work on machines,
which are considered dangerous. They shall not clean, lubricate or adjust any part of' prime
mover or any transmission machinery, while it is in motion or if they stand the risk of injury.
They shall not be employed to press cotton if a cotton opener is at work in that area. From the
provisions of the Act itis quite evident at vast powers have been vested with the inspectors in
order to ascertain that child workers are not permitted to work under conditions which might
adversely affect the health and safety of the child workers, and for that purpose they could
compel the concerned officials of the factory to obtain certificate of fitness for such child worker
and to maintain proper record in the prescribed registers. At the same time wide powers had been
vested in the state government for making rules in order to protect health of child workers as
well as for prescribing the procedure to be followed by the certifying surgeons while issuing
certificates of fitness to child workers. Unfortunately the relevant provisions of the Factories Act
have not been implemented in the desired manner in order to ensure proper working conditions
to the child workers.
The Minimum Wages Act, passed in 1948, specified that the expression "adult", "adolescent"
and "child will have meaning assigned to them. It defined "child" as a person who has not
completed his 15th year. However, this definition does not have any particular significance since
the Act did not contain any important regulatory or prohibitory provision applicable only to child
labour, except that it provides in fixing or revising minimum rates of wages, different minimum
rates of wages may be fixed for adults, adolescents, children and apprentices.
24
The Plantation Labour Act, 195 1 which was later amended in 1953, 1960, 1981 and 1992
fixes the minimum age for employment as 12 and employment of a child above 12 years requires
a fitness certificate from the appointed surgeon every twelve months. This Act extent to whole of
India except the state of Jammu &Kashmir. This Act makes the provision for education, housing
and medical and recreational facilities as responsibility of the employer.
The Mines Act of' 1052 prohibits employment of persons below 15 years of age in any mine
or part thereof. An adolescent could be employed for underground work as adult on the
satisfaction of two conditions - first, he must have completed 16 years of age and secondly, he
must have a certificate of fitness from a surgeon.
In 1954, the Factories Act was again amended to prohibit the employment of adolescents
under the age of 17 years at night. "Night" under this Act is meant that a period of 12
consecutive hours which included the hours between 10 p.m. and 7 a.m. The Merchant Shipping
Act, 1958, prohibited children under 15 to be engaged or carried to sea to work in any capacity in
any ship except in certain specific cases
The Motor 'Transport Act, 1961 deals with the employment of children in the transport sector.
This Act prohibits the employment of children under 15 in motor transport undertakings. In the
same year the Apprentice Act was passed for regulating and controlling trainees. This Act was
amended in 1973. The Act prohibited the undergoing of apprenticeship training of a person
under 14. In 1966 the Beedi and Cigar Workers (Condition of Employment) Act, was passed. It
prohibited the employment of children under 14 in any industrial premise manufacturing beedies
or cigars. Young persons between 14 and 18 were also prohibited to work at night between 7
p.m. and 6 a.m. in such establishments.
Shops and Commercial Establishments Act (State Acts) provides the minimum age for
employment as 12 years in ;111 states. These Acts were passed with a view to regulating the
conditions of work of workers in shops and commercial establishments. These Acts prohibit the
25
employment of children in shops, commercial establishments, restaurants, hotels etc. These Acts
also regulate the daily and weekly hours of shops and establishments, payment of wages,
overtime pay, holidays with pay, annual leave etc. The Act prohibits night employment of
children in shops and commercial establishments and the hours of work for children are also
fixed from 3 to 7 hours.
In addition to this Contract Labour and Bounded Labour of Children below the age of 14 is
regulated and abolished by the Contract Labour (Regulation and Abolition) Act of 1970 and
Bounded Labour System (Abolition) Act, 1976 respectively. The Atomic Energy Act of 1072
prohibits the employment of children below the age of 15 or 14 in certain specific sectors of the
industry.
In 1978, the Employment of Children Act, 1938 was further amended so as to extent the
prohibition of employment of a child below 15years in railway premises, such as cinder-picking
or cleaning of an ash pit or building operation in catering establishment at a railway station or
occupation relating to construction of a railway station or any other work done in close proximity
to or between the railway lines. These occupations were not covered before 1978.
The Union Parliament on Nov 5, 1986 passed the Child Labour (Prohibition and Regulation)
Act to prohibit the engagement of children in certain employment and to regulate the conditions
of work of children in certain other employment. This Act repealed the Employment of
Children's Act 1938, but repealed its schedules A and B. All rules made in this Act were in
addition to the Factories Act, 1948, Plantation Labour Act, 1951 anti-Mines Act, 1951.
The Act was passed to prohibit the employment of children in hazardous jobs and to regulate
the conditions of work for children in other jobs of nonhazardous nature. It bans the employment
of children, that is, a person who has not completed his fourteenth year of age, in occupation
connected with:
1. Transport of passengers, goods or mail by railway;
26
2. Cinder-picking, cleaning of an ash pit or building operation in the railway premises;
3. Work in catering establishment at a railway station;
4. Work relating to construction of a railway station or when any work is done in close
proximity to or between the railway lines;
5. A port authority within the limits of any port.
The Act also bans the entry of children in the following processes. Beedi making, carpet
weaving; cement manufacturing including bagging of cement; cloth printing, dyeing and
weaving; manufacturing of matches, explosives and fireworks; mica cutting and spilling; shellac
manufacturing; soap manufacture; taming; wool cleaning; building and construction industry.
Notifications were issued in 1980 and 1993 and the government also prohibited employment
of children in the following occupations and processes such as: work relating to selling of
crackers and fireworks in shops with temporary licenses, abattoirs slaughter houses;
manufacturing of slate pencils (including packing), manufacture of products from agate,
manufacturing processes using toxic metals and substances such as lead, mercury, manganese,
chromium, cadmium,, benzene, pesticides and asbestos; hazardous processes as defined in
Section 2 and ‘dangerous operations' as notified under Section 87 of the Factories Act, 1948;
printing; cashew and cashew nut descaling and processing and soldering processes in electronic
industries. The Act also regulates the conditions of work of children engaged in activities
permitted by law, stressing the role of health and safety measures. It also outlines severe
penalties for those violating the provisions of the Act.
The Act provides for the setting up of the "Child Labour Technical Advisory Committee" to
advice the central government and for the purpose of addition of occupations and processes to
the Schedule. A notice of at least three months will be given by the central government before
adding any occupation or process to the Schedule. When children are employed in non-
hazardous occupations, the work must be regulated in accordance with paragraph 111of the Act,
27
which set standards and conditions with regard to health and safety, maintenance of registers,
periods and hours of work, overtime, weekly holidays and days of rest.
While the 1986 Act provides a uniform definition of a 'child' by replacing the definition in all
other acts by definition 'child' as a person who has not completed his fourteenth year of age, it
has resulted in lowering the age of a child's entry from15 to 14 into some employment like motor
transport, merchant shipping and factories. The minimum Wages Act 1948, Merchant Shipping
Act 1958, and Motor Transport Workers Act 1961, has defined 'child' as a person below 15 years
of age. The 1986 Act also does not include Section 3(2) of the 1938 Act, which prohibited night
employment of person below 7 years of age.
The 1986 Act does not ban child labour in the family. However, it restricts the definition of
family to parent, children, brother and sister as against the much broader definition of 1938 Act.
Section 3 of the Act also does not prohibit the employment of the children in hazardous
occupation or processes provided by the occupier (person who has ultimate control over the
establishment or workshop) with the air of his family or to any school established by or receiving
assistance or recognition from the government. This provision is susceptible to abuse. It has
offered protection to several carpet-weaving units, match units, glass units etc. to continue
exploitation of children under the guise of family. Moreover, once an occupation or process has
been identified as hazardous for children, there is no justification or rationale in exempting
family-based units from employing children.
The Act does not include several processes, which are hazardous for children. It not covers
industries like lock industry, balloon industry, pottery industry, and several others in its list of
prohibited occupations and processes, even though children are forced to work in these
industries, with dangerous chemicals and machines. The agricultural sector which constitutes 80
percent of child labour, also appears to be outside the regulatory reach of the Act. This Act also
does not specify the minimum age of employment of children in occupation and processes other
than the prohibited ones.
28
COMMITTEES AND COMMISSIONS ON CHILD LABOUR
Along with legislation, a series of committees and commissions have been appointed by the
Government of India, either specifically on the question of child labour or on labour conditions
in general to enquire into the causes or consequences of the problem and to suggest measures to
reduce the incidence of child labour and to ameliorate the conditions of the child workers. These
are the Royal Commission on Labour, 1929, The 1abour Investigation Committee, 1944, The
National Commission on Labour 1966, GumpadaswamyCommittee on Child Labour, 1966 and
Santa Mehta Committee 1966 which deserves special attention.
The Royal Commission on Child labour observed that the employment of children continued
to be a problem since the early days of industrialisation and in many cities large number of
young boys were employed for long hours and the employees imposed corporal punishment and
other disciplinary measures of reprehensible kind even against the small children in order to
compel them to do work in their establishment.
The Labour Investigation Committee submitted in its report in the year 1946 observed that in
various industries, especially smaller industries, the statutory prohibition of employment of
children was not seriously enforced.
According to the National Commission on Labour "the employment of children is non-

existent in organised industries. It persists in varying degrees in the unorganised sector. The
employment of children below the prescribed age is also reported to be continuing in far off
places in rural areas where the enforcement of statutory provisions is more difficult. It has been
brought to notice that quite often; it is the feeling of sympathy rather than the desire to exploit
which weight with employers in employing child workers. Ironically enough, it is the same
feeling, which makes the inspecting officers take a lenient view of breaches of the legal
provisions in this respect". In the context of employment of children the commission was of the
view that it was indeed more of an economic problem than anything else and it amounted to
29
denial of' opportunity to children for their proper physical development and education. 'The
National Labour Commission in its report submitted to the Union Government in 1969
recommended combination of work with education and flexibleemployment hours which would
not inhibit education.
The Gurupadaswamy Committee, in its 1979 report, identified the sectors of the economy
with substantial number of working children. The Committee has emphasised that a minimum
age of 15 years should be laid down for the employment of children for the sake of uniformity. It
also stated that enactment of the statute is not the only consideration to prevent exploitation of
child labour and the purpose will not be served if there is no effective administrative machinery
to enforce those statutory provisions. The Committee nonetheless urged the government to
strengthen its enforcement machinery and to make use of voluntary organisations and trade
unions. The Committee also noted that the elimination of child labour would benefit employment
of those in the age group of fifteen to fifty-nine, but regarded such an approach as '.radical and
perhaps not feasible at first sight". Indeed the Committeepressed for the enforcement of
minimum wage laws for adults. Though theCommittee supported primary education for children
it repeatedly stressed that thepresent system of education does not prepare children for future
occupations.
There-fore the educational curriculum must be geared to bring the minimum of skill and
competence in the child. Also, the Committee called for a strengthening of non-formal education
facilities for working children. The Committee has examined in detail the anomalies in various
legislation that deal with children and recommended asingle model legislation of child labour in
India.
The committee in its report recommended

1. Setting up of Child labour Advisory Hoards;
2. Fixation of minimum age of entry to any establishment;
3. Strengthening of enforcement machinery.
30
4. Formulation of effective education policy with emphasis on integration of educational
equipment with local crafts.
It was realised that legislation alone cannot bring an end to child labour. Therefore, the
National Policy on Child Labour was formulated in conjunction with the legal measures to
address the socio-economic issues and to provide a framework for a concrete programme of
action. The policy encompasses action in the field of education, health, nutrition, integrated child
development and employment.
The National Child Labour Policy aimed at successfully rehabilitating child labour withdrawn
from employment and at reducing incidence of child labour.
1. The action plan.
2. Focusing of general development programmes for benefiting children wherever possible;
and
3. Projection-based action plans in areas of high concentration of child labour engaged in
wage and quasi-waged employment.
Within the framework of the National Child Labour Policy, some concrete Steps have been
taken to implement the project-based plan of action through National Child Labour Projects. The
projects were launched for the first time in 1988. The project envisaged a large number of
activities. In 1994-95, a total of 12projects in 8states were implemented covering 13668working
children. The major activity undertaken under the NLCP is the establishment of special schools
to provide non-formal education, vocational training, supplementary nutrition, stipend, health
care etc. to children withdrawn from employment. The actual implementation of various scheme;
under the project is being carried out by local NGO's.
An assessment of the projects revealed that no suitable mechanism has been evolved for
monitoring the implementation of the project either at the district level or at the state level. Also
a number of defects were found at the implementation of the project. The task of progressively
31
eliminating the child labour calls for an effective mechanism. Setting up a Child Labour Cell in
the V. V. Giri National Labour Institute in 1990 made a modest beginning in this regard with the
assistance of the Government of India and UNICEF. Later the Cell was upgraded to the National
Resource Centre on Child Labour(NRCCL). The NRCCL was set up in March 1993 with
financial support of Ministry of Labour and UNICEF.
LIMITATIONS OF THE CHILD LABOUR LEGISLATION
Despite various measures undertaken by the Government to tackle the exploitation of

children, India has the dubious distinction of having the largest child labour force in the world.
One of the major criticisms of the legislation on child labour is the lack of uniformity. The
various Acts define child differently. These legislationsdo not conform to a single agreed
minimum age. The minimum age differ from Act to Act, State to State and industry to industry.
This is not only true of the definition of minimum age, but also of the working hours, rest
periods, night employment etc. Even where legislation applies the employers do not employ
them. There is also hardly any case of government taking employers to courts for disregarding
the various stipulations. Even if they were caught violating the provisions of the child labour
laws the judicial punishment of them is limited and most often the punishment given is nominal.
As a result the legislation do not act as a deterrent and tendency to employ children continues.
Besides, the administrative authorities have no powers to suspend licenses of a factory violating
law. And in fact this conveniently ensures that no effective steps are taken to alleviate the
inhuman conditions of work, leave alone the total eradication of child labour.
Another major defect of child labour related laws is that they prohibit employment of children
only in hazardous occupations. But a large number of working children do not come under the
term "hazardous labour" as they work in unorganised sector like agriculture, cottage industries
etc. All these are in inferior conditions and are unsuited to their physical development (Weiner,
1996). And also the legislation do not fail to include new hazardous occupations nor is it clear
32
what criteria will be used for defining what is hazardous. Quantitatively, more than 80 per cent
of child labours work in farms and roadside tea stalls.
The Child Labour (Prohibition and Regulation) Act of 1986 emphasises regulation rather than
prohibition of child labour. The legislation bans the employment of children in factories but
children are otherwise permitted to enter the labour force at any age. They can be legally
employed in small workshops. They are free to work in numerous fields. For example, rag
picking is not classified as hazardous though thousands of children collecting scraps of iron,
glass, paper and rags often pick up bits of food to eat and are prone to tetanus and skin diseases.
It is important to note that the legislation of child labour in the so called 'non-hazardous'
occupations without regard for age is a violation of Articles 24, 39 and 45 of the Indian
Constitution, which ban child labour and call for compulsory schooling. Incidentally, in the
Unnikrishnan and others Vsthe State of Andhra Pradesh (1993) case, the Supreme Court has
argued that free and compulsory education should be considered a Fundamental Right.
Again Section II of the 1986 legislation stipulates that a register must be maintained of all
children employed in the establishment and this register will be scrutinised by inspectors. But the
stipulation only applies to children employed on regular basis. Since 70 per cent of child labour
is employed on casual basis, these children do not show up in official registers. Also, the
provisions do not apply 'to any establishment wherein any process is carried on by the occupier
with the aid of his family' and this somewhat subjective phrase provides a convenient loophole.
Again a major chunk of the girl child workers do not come under the definition of child
labour because according to these laws there must be an identifiable employee and an
identifiable employer. But most of the girl child workers are mainly confined to domestic sphere
and this is normally invisible. And also children working as part of the family labour do not
come under the purview of Child Labour (Prohibition and Regulation) Act.
Moreover, the governmental machinery to implement these laws is inadequate. Inspectorate
system does not work at all and partly as a result of this, children are often do not aware of their
33
rights. For example, under section 12 of the 1986 legislation, every establishment where children
are employed is supposed to prominently display some of the provision:; of 1986 legislation
through notice, both in the local language and in English. Virtually no establishment complies
with this provision. And employees are not punished, as inspectors never turn up. This
jurisdiction of individual inspectors is also too extensive for them to keep a regular watch on
activities within their purview. The labour inspector, whenever he got a chance to book any
violation, had difficulties in collecting evidence for proper prosecution.
The parents of working children are opposed to enforcing such laws when poverty forces them to
send their children to work in hazardous industries and when the alternative to hazardous
employment is hunger and malnutrition. In spite of the constitutional directives and multiplicity
of enacted laws, millions of children have been working in India in a variety of occupations, the
laws remaining placidly in bound volumes without a sign of implementation.
There are more than 250 Central and State laws relating to children but no substantial
improvement in the condition of children has been reported. It is due to the lack of social will
and vested interest. What is most urgent is the concern on the part of government to implement
this legislation. It needs strong political and social will. There is a wide gap between the
prevailing situation and accepted norms; these gaps cannot be abridged except by a radical
emphasis on giving a prepondent priority to the implementation of child labour Act Today there
is no sensitivity among officials. Absence of social pressures on officials makes them more
sensitive. Thus it become clear that the existing enactment and statutory provisions regulating
employment conditions, working conditions etc. in regard to working children are not feasible.
These should be comprehensively reviewed, supplemented extended and properly enforced.
Child labour is a complex phenomenon. Children do not have any fundamental rights under the
constitution except a reference under Article 24, 39 and 45 of the Directive Principles of State
Policy. Though there is legislation governing child labour, it does not seem consistent with the
definition of child. This is ridiculous and hypocritical.
34
CHAPTER-5
SOCIO-ECONOMIC BACKGROUND OF
THE CHILD LABOURS AND THEIR FAMILIES
In recent times the issues of child labour has attracted considerable attention in the Indian
press and elicited several responses from the government and non-governmental organisations.
But rhe fact is that it still persists. While the state of Odisha has achieved tremendous progress in
the social front, the state has not been able to keep its children away from the labour force.
Recent studies conducted in a major city of Odisha (Balasore) present a bleak scenario of child
labour. These studies reveal that the situation of working children and their working conditions
are not better.
Children are the greatest assets of any nation and are also the future of the nation. They are
flowers of our national garden. Every child is an asset to society and the future. Welfare of the
society depends on the welfare of the child. So it is high time that we looked at the determinants
of child labour. Hence in the first part of data analysis and interpretation, an attempt is made to
analyse the socio economic conditions of child labour and the various causes for their entry in to
the field.
The socio-economic conditions play a significant role in giving rise to the problem of child
labour. Historically, in India, child labour has been seen as an economic phenomenon. It is
generally considered that illiteracy, ignorance, low wages, unemployment, low standard of living
and social life, etc.; are the root causes of child labour and this has been substantiated by earlier
studies. These studies have shown that illiteracy, low wages, unemployment, low standard of
living and social life - all are the roots of child labour. This is evident from the fact that the
developed world tackled this problem much before its economies grew strong. Even in the
developing world there are countries, where this problem is relatively non-existent. Therefore in
order to fill the research gap it is necessary to understand the socio-economic conditions of
children. Hence questions regarding their age, religion and caste, place of residence, size of
35
family, educational level of the family members of the respondents, basic facilities in the home,
family income and indebtedness are analysed.
BACKGROUND OF THE RESPONDENTS

1. Age
Children below the age of 15 are not supposed to work. Hence the age of the children who are
employed in the hotels and restaurants is crucial to any analysis.
Table 1
Distribution of Child Labourby Age
Sl. No. Age No. of Respondents Percentage
1 Below 7 years - -
2 7-9 years - -
3 10- 12 years 9 30
4 13-15 years 21 70
Total 30 100
Table 1 shows distribution of child labour by age. There are working children who have not
completed the age of 15 in the hotels, restaurants and teashops of Balasore district. Out of 30
samples, a majority falls in the age group of 13-15 years (70%) and the rest are in the 10-12 age
group (30%). No child labourers below the age of 10 have been found in the sample. All the
child labourers working in restaurants are found to be males.
36
Though the Child 1abour (Prohibition and Regulation) Act 1986 abolished the employment of
children in any industry, still child labour exists in the hotel industry, construction, garage.
Children at this tender age are forced to work due to the pressure of circumstances.
It is quite sure that if the children indulge in back breaking jobs at this tender age; it will surely
ruin their future. Instead of studying new skills, the work at this age will cause damage to their
health and will shatter all their dreams. They will try to identify with the earning adult members
of the family, and will try to imitate their actions. This will ultimately lead to conflict. The child
trapped in such circumstances will be forced to give up all the enjoyment of childhood and
shoulder the responsibilities of life.
2. Religion and Caste
Religion and caste have great influence on the attitude and mode of life of the people. It is
found to have influence on the type of job people accept. Religion is a factor that often
determines the social status of a person. Therefore religion is a variable for analysing social
background. Table 2 helps to analyse whether there is any relation between religion and the
tendency of children to take up work.
Table 2
Distribution of Respondents by Religion
Sl. No. Religion Number Percentage
1 Hindu 24 80
2 Muslim 6 20
3 Christians - -
4 Others - -
Total 30 100
37
Table2 reveals that majority of the children working are Hindus (80%)and the remaining (20%)
are Muslims. Children belonging to other religion are not found working.
Caste is another variable analysed to understand the socio-economic background of the
respondents. Caste has become so significant in India that a meaningful study is not possible
without taking it into account.
The child workers under study belong to 12 different castes. Scheduled caste/tribes constitute
the single largest category from which these children come.
Table 3
Distribution of the Respondents byCaste
Sl. No Caste No. of Respondents Percentage
1 Upper Caste 4 13
2 O.B.C 8 27
3 SC/ST 18 60
Total 30 100
A look at the data in table 3 reveals the caste dimension and the socio- economic dimension
of the child workers. Scheduled castes and tribes constitute Percentage the single largest category
(60%). 27% of the respondents belong to the backward community and 13% belong to the upper
caste section. It may be inferred that 92%of the child labourers belong to socially and
economically backward section of society. Hence there is close relation with socio-economic
relation and child labour.
38
3. Situational Factors
There are certain situational factors forcing the children to become child labourers in the
restaurants. Table 4 shows the distribution of the respondents by reason for their becoming child
labour.
Table 4
Distribution of Respondents by Cause of Working
Sl. No. Cause of Working No. of Respondents Percentage
1 Poverty 27 90
2 Forced by Parents 2 7
3 Death of Father 12 40
4 Death of Mother 5 17
5 Big size family 11 37
6 Ill-treated by parents 9 30
7 Family conflict 13 43
8 Lack of facility for studying 20 67
9 For escaping from school 4 13
10 Others 6 20
The analysis of the situational factors of migrant children shows that poverty is not the only
reason for the work of children, though it is a significant reason. Almost all the respondents work
due to several reasons. The study revealed that in addition to poverty the other factors causing
work are parent's compulsion due to unemployment, family conflict, ill-treatment of the parent
etc. are the most formidable factors of child labour.
39
4.Level of Education of Child Labour
There is a co-relation between education and child labour. Countries having low literacy and
school attendance rate generally have acute child labour problem. It can be slated that education
can bring the drastic exploitation of child labour to an end. Education of a person will determine
his aspiration and future. A highly educated person will have high aspiration and will have
greater opportunities to secure a good job. So the education of a person and his social status are
interrelated.
There is enough evidence both from empirical and secondary sources, to establish that
eradication of child labourand universalisation of primary education are interlinked. Child
workers mostly come from the socially disadvantaged and under privileged sections .whose
opportunity cost of schooling is quite high and perhaps for the same reason, they show the least
inclination for education. Most of the child workers are illiterate or just literate. Table 5shows
the extent of education of working children.
Table 5
Distribution of Respondents by Education.
Sl. No. Level of Education No. of Respondents Percentage
1 ILLITERATE 6 20
2 U.P SCHOOL 16 53
3 M.E SCHOOL 6 20
4 HIGH SCHOOL 2 7
Total 30 100
40
It may be seen from the above table that 20 per cent of children are illiterate. The rest ofthe
respondents are drop out from school. Only 7 percent have High School level education.
Majority argued that it is due to poverty and compulsion of parents that they are forced to leave
school and enter the labour market. This shows that the under privileged classes are
economically weak and they are socially not aware of the value of education. The analysis
further supports the notion that education is of secondary consideration for such classes.
5. Presence of Parents of Child Labour

One of the important reason for child labouris depleted family particularly loss of adult male
earning member, that is head of the family or his disability to be gainfully employed. Table 6
shows the life status of parents of the sample children.
Table 6
Distribution of respondents by presence of parents
Sl. No. Level of Education No. of Respondents Percentage
1 Only father alive 4 13
2 Only mother alive 8 27
3 Both alive 16 53
4 Both dead 2 7
Total 30 100
Table 6 shows that 53 percent children have both parents alive, 7 percent have lost both
parents, 27 percent have only mother alive, whereas13 percent have only father alive. Thus most
of the child labourers work inspite of the fact that both their parents are alive. Still 40 per cent of
the child labourers suffer from the absence of one parent. This shows that parental control over
some children is negligible. Some children are not at all under the control of the parents. The
data is contrary to the general belief that child workers have either one or both the parent absent.
41
This is not the lack of parental support which is the causative factor for child labour. But the
general economic distress among the working class and the irresponsibility that the parents in
particular.
6. Household Size
The large size of family with comparatively less income can push families to abject poverty.
As a result they cannot provide for their children. Therefore, size of the family also influences
the socio-economic condition of the child labour. If a family is limited and well planned, there
will be no question of sending children into the labour market.
Table 7
Distribution of Respondents by Size of Family
Sl. No. Size of Family No. of Respondents Percentage
1 6 20
Below 4
2 8 27
4 to 6
3 11 37
7 to9
4 3 10
10 to 12
5 2 7
Above
Total 30 100
Table 7 shows that 37 percent of the children belong to families, having 7 to 9 members and
27per cent of children are from nuclear families. Whereas 10 per cent of children are from very
large sized families and 7per cent are from families above 12 members. Thus the data shows that
very small and very big families are comparatively less prevalent.
42
7. Level of Education of the Family Members of Child Labour
Level of education of families will determine the social status of the family and it will influence
the social aspiration of the family members also. So the educational background of the family
members also influences the incidence of child labour.
Table 8
Distribution of Respondents by Education level of Parents
Sl. No. Educational Level Father Percentage Mother Percentage
1 ILLITERATE 4 13 7 23
2 U.P SCHOOL 11 37 13 43
3 M.E SCHOOL 13 43 9 30
4 HIGH SCHOOL 2 7 1 3
Total 30 100 30 100
Table 8 shows that 13 percent of migrated child labour have illiterate fathers and 23 per cent
children have illiterate mothers. While 37 percent of the working children's fathers and 43percent
of the children's mothers have got U.P School education. Another 43 percent children's fathers
and 30 percent children's mothers have reached M.E School level. Only 7 per cent children's
fathers and 3% of children's mothers have reached High School level. The data shows that the
educational level of the family members of the child labour is very low. It has proved that the
level of father's education and aspiration is closely associated with that of child labourers. If the
parents are educated, that should have such aspirations. But if the parents are not so educated,
there won't be the role model to follow for children. So their aspirations will not be high.
Consequently the parents may be asking their children to learn some skills to supplement the
43
family income without considering its after effects. Children who have no aspiration will act
according to their parent's wish.
8.Parental Occupation
Parental occupation is a major variable which determines child labour. Majority of the parents of
the children are either unemployed or have no permanent occupation. The study reveals that
majority of child labour belongs to wage labour families. Seasonal unemployment among the
parents of the working children made it difficult to classify their occupation clearly. They are
engaged in occupation based on both traditional occupations and the demands of modern
society.Table 9 shows the distribution of the respondents based on occupation of parents.
Table 9
Distribution of Respondents by Occupation of Parents
Father Mother
Sl. No. Occupation
Numbers Percentage Numbers Percentage
1 Agricultural 8 27 9 30
2 Factory worker 4 13 2 7
3 Coolie 5 17 0 0
4 Construction 2 7 5 17
5 Household labour - 0 7 23
Service and commercial
6
establishment 4 13 2 7
7 Self employed 2 7 2 7
8 Not employed 3 10 2 7
9 Others 2 7 1 3
Total 30 100 30 100
Table 9 shows that 27 percent of fathers and 30 percent of mothers are engaged in agriculture
and allied work because of seasonal unemployment and unattractive wages. Thus the data shows
that the occupational level of the parents of child workers is very pathetic. The parents of the
working children are engaged in occupation, which are less remunerative. Therefore the
44
occupational statuses of these adults alternatively low. A majority of parents are engaged in
skilled or semi-skilled occupations.
9. Economic Status of the Households of Child Labour
The level of income of the household is one of the key determinants of child labour. The
lower the income of the household, the greater the necessity of sending the child to work and
vice versa. The income level of the household is taking here to mean the total monthly income of
the family including earning of the child worker. In certain cases family Income is higher, but
due to the lack of social awareness and responsibility, they fail toutilise it in a proper manner.
Therefore inspite of higher family income, the family will continue to be in the same socio-
economic class. The information regarding household income, expenditure, indebtedness etc.
have been collected from the working children. Since children are considered not very competent
to give details about the exact income and expenditure, these are tentative of sources.
Table 10
Distribution of respondents by monthly family income
Sl. No. Monthly Family Income In Rupees No. of Respondents Percentage
1 0-1000 5 17
2 1000-2000 7 23
3 2000-3000 12 40
4 3000-4000 4 13
5 4000-5000 2 7
Total 30 100
45
The monthly family income of the children is presented in the table.The family income
consists of the income of parents the income of other family members and also their own
income. The table indicates that majority 40 percent of the households earn between 2000-3000.
At the same time 17percent of the household have monthly family income only in the range of 0-
1000.About 7 per cent of the household earn between1000-2000 and about 13 percent of the
household earn between Rs.3000-4000 per month. The remaining 7 percent earn above Rs. 4,000
per month. The maximum monthly income of household is Rs.4, 500 and the minimum is as low
as 500.
A look at the monthly earning of the household of child labour indicates that, this monthly
income is not sufficient to meet the expenditure and the cost of living at current rates.
Thus the economic position of a family plays a useful and important role in the proper
welfare and development of its members. A family with better income sets apart adequate
resource for proper future development of its children. The children of poor families cannot
think: of opportunities which are availed by rich families. Therefore in the absence of resources,
children of the poor families are likely to face, neglect and abuse of different kinds. The
information regarding the economic condition of the migrant children reveal this fact. The data
indicates that due to the low income of the family, children were deprived of the facilities which
are essential for their proper growth and development. As the working children had jobs with
low emoluments, it was very difficult for them to educate their children.
10. Percentage Contribution of Child Worker's Income to the Family

The data regarding the income of child workers as a proportion of the total family income have
been examined in table 11
46
Table 11
Child worker's Contribution to the Family Income
Contribution No. of Respondents Percentage
Upto 25 percent 8 27
25-50 percent 10 33
50-75 percent 9 30
75-100 percent 3 10
Total 30 100
Table 11 reveals that 30pelcent of migrant children contribute 50to75 per cent of the income
to their family. Another 33 per cent of the children contribute 25 to 50 per cent to their family.
Another 10percent of children contribute a major portion of their income to the family. Only 27
percent of them contribute less than 25 per cent of income.
The children who are compelled by their family members to work had to give major portion of
their income to the family. Though they don't want to give it, the situation in the home due to
poverty particularly in women headed households compel them to give their wages for the sake
of the family.
The data shows that 92 per cent of the children give a part of their income to their family due
to economic necessity of the family members. Out of the sample 27per cent of them are from
deserted families, i.e. women headed households. So they consider it as their duty to provide for
the family and work voluntarily by suppressing their wisher. So it can be inferred that there is a
relation between household income and child labour. They work for their own existence and to
live according to their wishes.
47
CHAPTER-6
WORKING CONDITIONS OF CHILDWORKERS
Children begin to work in family undertaking from an early age alongside their parents or
relatives and sometimes with master craftsman as a part of socialisation process. They learn skill
by observing and participating in such activities. It was only after the Industrial Revolution in the
early 19th century that children started being employed both on farms and factories as wage
labourers because they provided a cheap and uncomplaining labour force as against adults
whocould be more demanding and hence difficult to handle. Most of the work the children do is
monotonous, repetitive and dull and is often not suited to their physical and mental capabilities.
The children continue to work in appalling conditions and are more exploited in a number of
ways. Some children are ill-treated humiliated and even beaten, while others are looked after
with parental care, which acts as incentive and motivates these young children to undertake
arduous and hard work beyond their capacity for a long duration. This may adversely affect their
health and wellbeing. It is against this background that various aspects of working conditions and
its impact are being discussed.
If children work in a family undertaking, generally working conditions may not be too hard.
When children are employed outside the family, the ways they are treated, as well as their
conditions of work, are usually determined by the employer. The possibilities of ill treatment by
the employer are unlimited. Ill treatment may include corporal punishment, abuses of all kinds,
humiliation and frustration. Children are usually employed in the informal sector, where
conditions of work are appalling and welfare facilities are conspicuous by their absence. The
tasks in which they are employed are generally monotonous and repetitive in nature and often
they are ill suited to the child's physical and mental capacities.
The working conditions severely tax the child's physical and mental resistance as a result of
over work and work in inhuman and sub human conditions. They may be forced to work in an
awkward position in badly lit, noisy or in an atmosphere contaminated with dust, without
48
adequate rest, medical and toilet facilities etc., all in violation of the principles set forth by
international agencies to protect their rights.
The Child Labour (Prohibition and Regulation) Act 1986 has put forward some conditions
that have to be kept when the children are employed. Many laws are in existence to control the
working conditions of the children. They are supposed to get holidays, leisure time, leave, bonus
etc. But the fact is that they are not aware of these provisions, not to speak of getting them.
Hence an attempt has done to understand the working conditions of child labourers. The study is
oriented to learn about the working hours, type of work, leave and holidays, quality of food and
accommodation, among others.
Type of Work
Children are engaged in a variety of works inside and outside the hotel, food and tea stalls,
garage, construction works, and heavy vehicle helpers. They had to perform a number of jobs in
a day. The type of job assigned to them is based on a number of criteria such as seniority,
relation with the employer, personal hygiene of the worker, quickness etc. At many times, the
work assigned to them is not on the basis of the interest and capacity of the workers, but on the
basis of the convenience of the employer.
In hotels the daily work will change according to the total strength of the workers. Absence of
adult workers provides chances to engage children in works such as supplying; parceling etc.
The type of work assigned to children also varies according to the nature and type of
establishment. The working conditions of children are less hazardous in wayside tea -shops and
restaurants than established hotels, especially, vegetarian hotels.
In hotels children were engaged in keeping premises neat and clean, followed by sweeping
and mopping the floor, cooking, washing vessels, bringing vegetables and other items from
market, fetching water, supplying, parceling.
49
In case of garage, construction place and in heavy vehicles they are doing the cleaning and
help the superior to them. The works assigned to children are monotonous and difficult
compared to those of adults. Most children liked to engage in supplying, but adults usually
perform these works. The employers are always trying to keep children away from public. They
were not permitted to interact with outsiders.
Working Hours
With regard to working hours of child workers, the situation is inhuman. Generally, children
have to work from the opening to closing of the establishments. In the unorganised and informal
sector, the hours of work and time schedule of work vary considerably depending on the nature
of establishment or activity. It is observed that in the hotels, restaurants, teashops, garage and
construction work and in heavy vehicles. There are no fixed hours of work in spite of the
provision of the Shops and Commercial Establishment Act regarding regulation of hours of
work. Working hours of children range from 10 to 18 hours per day, which no legal provision
permits. Long hours of work may result in excessive fatigue, which stunts their growth, leading
not only to malnutrition, anemia and associated disease patterns but also may cause undesirable
changes in nervous system.
The length of working hours in all above said sector depends upon a number of factors such
as location of the establishment, total number of workers and availability of child workers,
season etc. The length of working is high in vegetarian hotels than non-vegetarian ones. Working
hours of children is very high in hotels located in the heart of the city. The length of time that
children work each day and over the year varies considerably depending on factors such as
parents wish to keep them at work more or less continuously how long the employer needs them
and so on.
50
The working hours specified for children are 6 hours including the resting hours. But here
violation of the law takes place. This type of long hours of work will surely ruin the health of the
child and also his future. For large number of children, work is an ordeal, a source of suffering
and exploitation, and a fundamental abuse of human rights. The physical susceptibility of
working children also has a lot to do with the fact that they have very different capacities and
needs from adults and this factor is rarely taken into account by employers. The manner of their
economic involvement, the nature of work and the conditions under which they are often
employed subject them to severe health and safety hazards. It is not only that children cannot
undertake as much heavy work as adults or that the same amount of' work can have serious
consequences for them; it is also that children react to the working environment differently from
adults. Children are more reliable than adults to suffer occupational injuries owing to inattention,
fatigue, poor judgments and insufficient knowledge of work process and also because the
equipment, tools and layout of most workplaces are designed for adults. The existing working
conditions in majority of the surveyed establishments are unsuited for long hours of work.
Children have to squat for long hours in cramped position. Employers, to discipline children,
casually use violence and threats.
Night Work
Occurrence of night work is also measured to analyse the working conditions of children.
During the interview of child workers a majority of them expressed that they had to work at
night. Long hours of work also show occurrences of night work. The Child Labour (Prohibition
and Regulation) Act, 1986, prohibited night work for children. Even the children will not be
allowed to do overtime work. But in hotel industry children had to work in the night also. But
they are not providing any extra wages for the work in the night. This shows the extent of
exploitation of the child workers.
51
Number of Working Days per Week
On enquiry from child workers and their employers, it was found that there was no provision
for weekly paid holidays and leave of any kind. It was based on the principle that the wages
would be paid according to the number of days they had really worked. If they were absent, their
wages were accordingly deducted. They could avail of leave for any number of days without pay
if they inform their employers sufficiently early. Leave without pay was refused to them if there
was good business.
Availability of Leave
Casual leave is the right and privilege of every employed. But in the unorganised sector, there
is no provision of casual leave or medical or sick leave for the child workers. Providing such
leaves depends entirely on the pleasure of the employer. For the children working on fixed
monthly wages and allowances, the actual practice with regard to accounting of absence from
work vary from one establishment to another.
Children's Opinion about their Work

In order to analyse the working conditions of the respondents it is necessary to understand the
child workers' opinion about their work and working conditions. Table Ashows whether or not
the respondents experienced endless drudgery of work and the type of work carried out by
respondents.
Table A
Table shows whether or not the respondents experienced endless drudgery of Work.
Sl. No Category No. of Respondents Percentage
1 Yes 26 87
2 No 4 13
Total 30 100
52
Of the total number of respondents 87 per cent of them experienced endless drudgery of work,
followed by 13 per cent of them not having experienced endless drudgery of work. So it can be
inferred that majority of the working children experienced endless drudgery of work.
Wage Structure
Wage is an important variable determining the working conditions. Child workers, all over
the world, work long for hours with low wages. Therefore, an attempt is made to examine the
monthly income of the working children. There is no uniformity with regard to the mode of
payment of wages. It varies according to the nature of establishment
Table B
Distribution of the respondents by Monthly Income
Sl. No Earning per Month No. of Respondents Percentage
1 Upto 500 5 17
2 500-1000 7 23
3 1000-1500 16 53
4 1500-2000 2 7
Total 30 100
The study revealed that a majority of children engaged in work are paid only low wages. A
majority of the child workers consisting of 53 per cent are getting wages between Rs. 1000 to
1500 per month. The table shows that child labours getting remuneration which is very much low
as comparison to the adult workers.
Mode of Payment
There is no uniformity with regard to the mode of payment of wages. It varies according to the
nature and type establishments. Majority of the child workers receive their wages monthly. Some
of the respondents are given at the convenience of the employers. Some children reported that
53
they receive their wages only when they visit their native places. Some of the construction
workers get their wages daily or weekly basis.
Who Receives the Wages
Since child workers in general are employed due to economic compulsion of their families the
question arises as to who receives the wages earned by them. Maximum no. of child workers
themselves receives their earnings. At the same time in some cases of the workers' wages are
fully received by parents. And some other cases they receive part of their wages since their
parents collect part of their wages either in advance or intermittently.
Fringe Benefits
Besides wages, some establishments also provide some benefits as incentives to their
workers. The nature of benefits includes bonus, advance etc. Generally, in Odisha (Balasore)
workers get bonus on Durga Puja. On these occasions some of the benevolent employers
distribute clothes and cash. Some child workers receive advance during MakarSankranti and
Raja Sankranti because most of the child workers visit their native place during these festival
times
Occupational Hazards
The risk of occupational accidents or diseases is present even in all sectors. The risk of child
workers in occupational accidents or diseases are more because their bodies are not strong as
those of adult workers and therefore, depending on the job that a child is doing, he experiences
fatigue, develops aches and pain in the body as well as infection due to work in dirty
environment. Working children are facing a number of problems while performing work. Of the
total number of respondents 80 per cent of them reported that their jobs amounted to drudgery,
which does not match their age. 95 per cent of the respondents reported that the work is
strenuous for them. Another notable problem facing children is irregular hours of food. The other
54
reported problems confronted by the respondents are ill-treatment by the adult workers and
employers. This shows that their employers and co-workers abuse childworkers physically and
mentally. There are no safety measures for the health andhygiene of the child workers. Some
children reported that inadequate sleep is themajor problem they are facing.
Health Hazards
In the survey information collected on health hazards was recorded as per the information given
by the child workers. Out of the 30 surveyed child workers two third of them have been affected
by health problems. Maximum of the child workers were suffering from skin diseases.
Body pain and muscular problems are specific to the work they do.
Approach of the Older Workers

Along with the employer-employee relations the approach of the adult workers towards the
children is also subjected to analysis. It is because approach of the adult workers is also a
component of working conditions.
55
CHAPTER-7
FINDINGS
The followings are the major findings of the study:
1. Almost all the respondents come from absolutely poor, illiterate and ignorant families
2. Children who worked full-time for wages were primary dropouts or school leavers who
did not reach the high school. In all the cases studied, large number of them had decided
to leave U.P or M.E schools (sometimes against their parent’s wishes) to enter the labour
market.
3. There is push as well as pull factors for migration and work of children. Poverty, though
the most significant, is not the only reason. Adult migration due to non-availability of
adequate employment opportunities and the persistence of low wages for similar work in
the village; irresponsibility of the male members of the family; inadequate measures of
social security; family conflicts and disintegration, inferior conditions of life, and so on
are among the push factors responsible for migration. Comparatively higher income
differentials, high income opportunities and attraction of city life are some of the pull
factors responsible for migration. The under development of the rural economy in terms
of the opportunities to the adult workers and the consequent low wages have been seen as
the major causes for migration of children. The study found that there is a positive
correlation between adult labour migration and child labour.
4. The study shows that absence or irresponsibility of father is a critical factor in child
labour. A good number of children belong to female-headed household (mostly de-facto),
especially those with single female heads.
5. Children have health problems, especially skin diseases.
56
6. The study reveals that most of the child labour belong to the lower social strata especially
scheduled castes and scheduled tribes.
7. Child work participation ratio is high in hotels, restaurants, road side food and tea stalls.
8. There is no uniform system of payment of wages in hotel industry. The wage rates differ
from shop to shop and worker to worker, especially in the case of children. The wage
given to the children are less than 40 to 60 percent of the wages of adult workers.
9. Most times, children are over worked and under paid. Employers and adult labourers
abuse them physically, mentally.
10. The incidence of alcoholism, smoking and chewing of tobacco is very high among the
children.
11. The employers prefer to substitute adult labour for child labour as the latter can be easily
handled and is less demanding and do not protest when asked to perform odd jobs,
further. Non-availability of adult workers motivates the employers to employ cheaply
available child workers. A series of factors such as the payment of low wages, absence of
trade unions, easiness in handling, long working hours, less job change and no necessity
for compensation motivate the employer to substitute children for adult workers.
12. The children contribute significantly to their family income. In fact, the size and
frequency of the remittances may have some economic impact on the family to which the
children belong.
13. Over 30 percent of the workforce in the hotel industry of Balasore constitutes children.
14. Children are unorganised. No union takes care of these children. Politically motivated
unions do not bother to see the interests of these children.
57
SUGGESTIONS
The findings show that it is possible to eliminate child labour from Balasore within a definite
time frame if tile policy makers have strong political and social commitment. The study suggests
the following strategy to achieve this objective.
1. Formulation of an action plan based on a campaign approach as was done in the case of
total literacy campaign.
2. Constitution of a child labour elimination authority under the chairmanship of the Chief
Minister.
3. Activate the Child Labour Rehabilitation cum Welfare Societies registered in the
districts.
4. Pool the resources available under various departments like Labour, Social Welfare,
Education and UN agencies like ILO-IPEC and UNICEF.
5. Involve employers, organisations and trade unions, NGOs and media.
6. Enact a State law to abolish child labour in all its forms.
7. The government and voluntary organisations should take some steps to make children
stay back in their native places.
8. Support child workers organisation along with their demand for more protection and
rights in the work place. If children's wages are raised to the level of adults it will remove
one of the main incentives to employ children.
58
9. Gather more information on child labour. More research is needed into the invisible areas
of child labour.
10. Systematic counseling services to the parents of child labourers are a possible and
realistic solution to child labour.
11. The state shall take the issue of child labour as an agenda in the people's participation
programme.
59
CHAPTER-8
CONCLUSION
In spite of the laws and measures dealing with child labour, the reality is that in our state like
others children are exploited lot. Child labours are mainly found in service sectors like hotels,
shops and commercial establishments etc. Children are also found in workshops, fishing, rag -
picking, brick kiln, and as domestic servants. They are absent in industries. This is also a contrast
to the situation prevailing in other states of India. It is obvious that in a civilised society the
importance of child welfare should be emphasised because the welfare of the entire community
and its growth and development depend on the health and wellbeing of the children. Children are
the supremely important national asset; and the future of a nation depends on how its children
grow and develop.
It is true that child labour cannot be washed away with a magic word. Of course, normal
growth and development of children can be protected, absolute poverty overcome, population
growth slowed down and environment deterioration arrested. For decades now this has not been
a question of possibilities but of priorities. Whatever be the particular cause, be it democracy or
human rights, development or equality, gender equality or environmental protection, the growth,
development and education of the children is central to long term success. If we set time-bound
goals and follow of course, with the continuing assistance of ILO and UNICEF, it is possible to
eliminate the exploitative child labour within our lifetime.
Justice P.N. Bhagwati former Chief Justice of India, who in a judgement on international
adoption of children in 1985 said,
"The day will come when nations will be judged not by their military or economic
strength, nor by the splendor of their capital cities, and public buildings but by the
well-being of their people; by the level of health nutrition and education; by the
opportunities to earn a fair reward for their labour; by their ability to participate in the
decisions that affect their lives; by the respect that is shown for their civil and political
liberties; by the provision that is made for those who are vulnerable and disadvantaged
and by the protection that is afforded to the growing minds and bodies of their
children"
60
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15. Sharma AM (1982). Aspects of labour Welfare and Social Security: Bombay : Himalaya
Publishing House. Singh, M (1980). WorkingChildren in Bombay: A Study. New Delhi:
Shipra Publications.Singh, R. 1980. Legislation Protection to the Child Labour.
Chandigarh: Punjab University.
16. Suman Chandra K (1998). “Problems and Issues on Child Labour in India.” Social
Action,48: 19-34.
17. UNICEF (1994). The Child and the Law. Papers from the International Conference on
Shaping the Future of Law, Children, Environment and Human Health. New Delhi:
UNICEF.
18. UNICEF (1995). The Progress of Indian States. New Delhi: UNICEF.
19. UNICEF (1996). Child Labour in Historical perspective 1800-1985. International Child
Development Centre. Florence: UNICEF.
20. NAIDU MC, DASARATHA K, RAMAIAH, UNICEF (1997). Focus on Child
Labour,The State of the World’s Children. New York: Oxford University Press.
21. Vemuri S, Anand A ”A Survey on Child Labour.” Kurukshetra,57(3): 46-51.
22. Weiner M (1980). The Child and the State in India. Delhi: Oxford University
WEBSITE
www.wikipedia.org/
http://baleswar.nic.in/
http://lawcommissionofindia.nic.in/
www.odishatv.in/
62
APPENDIX
63
APPENDIX
QUESTIONARY FOR INTERVIEW THE CHILD WORKERS
1. Name of the Respondent :
2. Age : A. less than 7 B. 7-9
C 10-12 D. 13-15
3. Sex : A. Male B. Female
4. Place of Birth : A. Rural B. Urban
5. Caste : A. Upper Caste B.OBC
C. SC/ST
6. Size of family : A. No. of males B. No. of females
7. What is/was the occupation of : A. Agricultural B. Coo1ie

father worker
C. Factory D. Others
worker
8. What is/was the occupation of : A. Agricultural B, Coolie
mother worker C. Factory D. House Wives
worker
E. Others
64
9. Educational level of parent : Mother I Father II
A. Literate A. Literate
B. Illiterate B. Illiterate
C. U.P C. U.P
D. M.E D. M.E
E. HIGH SCHOOL E. HIGH SCHOOL
10. Monthly income of parents :
11. Do your family own a house : A. YES B. NO
12. Do your family own land : A. YES B. NO

Size of holdings :
Nature of land
13. Do you feel any home : A. YES B. NO

sickness when you are away
from home
14. What is the nature of your : A. Cordial B. Quarrelling

father-mother relationship
15. Have you felt any time that : A. YES B. NO

you are neglected at home
16. Do you or your family : A. YES B. NO

members have any debt
17. Your present occupation :
65
18. Place of present work : A. Rural B. Urban
19. Distance of the working place

from your house
20. What were you doing before : A. Studying B. Working at

taking this job another places
C. Working at D. Others
home
21. Nature of employment : A. Regular B. Temporary

C. Casual D. Seasonal
22. Are you a full-time worker : A. YES B. NO
23. How long have you been : A. less than one B. 1-2 years
Working year
C. 3-4 years D. 5-6 years
E. Above six
years
24. What are the reasons for your : A. Poverty at home
working B. forced by parents
C. Death of Father/Mother
D. Big size of family
E. Influence of friends
F. Ill-treated by parents
G. No money for studying
H. For escaping from school
I. Others
66
25. Through whom did you get : A. Self B. Relatives/Parents
C. Friends D. Brokers
E. Others
26. Do you get monitory : A. YES B. NO
remuneration from this job
If yes, total amount per month :
If No, what else
27. Mode of Payment : A. Daily B. Weekly

C. Monthly D. Monthly
28. Who receives the payments : A. Given to me B. Collated by parents
C. Others
29. Do you think that there is : A. YES B. NO

difference in payment given
to you and adult workers
30. Do you get any non-wage : A. YES B. NO

benefit from your employer
If yes, what are the benefits : A. Gifts B. Festival allownces

you get
C. Holiday D. Others
31. Do you financially contribute : A. YES B. NO
to your family
32. Do you have any kind of : A. YES B. NO
savings
67
33. Where do you keep your
savings
34. Your monthly expenses : A. Contribute to B. Cloth
family
C. Food D. Film
E. Health Care F. Liquors
G. Smoking H. Others
35. How many hours do you work : A. Below 4 B. 4-8 hours
hours
C. 8-1 0 hours D. 10 hours and
above
36. Do you have any leisure time : A. Yes B. No
If yes, how much : A. 1\2 hour B. 1 hour
C. 2 hours D. 3 hours
37. When do you get up :
38. When do you go to bed :
39. Where do you sleep :
40. Do you get any leave with : A. Yes B. No

salary
41. What is your employers : A. Very Cordial B. Cordial
relation with you? C. Very Strict D. Strict
E. Very Harsh
42. Were you punished by your : A. Yes B. No
employer at any time
If yes, why and in connection :
with what?
68
43. What kind of punishment did : A. Scolding B. Beating
you get from your employer C. Denial of D. Abuse
food
44. If you loose this job, will you : A. Yes B. No
be able to find out another one
45 Do you have any future plan : A. Yes B. No
If so, explain : : A. To continue B. To seek a

the job good job
C. To start own D.To study
Business
E. Others
46. Do you suffer from any : A. Yes B. No
disease
If yes, describe
47. Do you feel that it is : A. Yes B. No
connected with your work
48. Have you got any facilities for : A. Yes B. No

medical check up
49. Do you have any medical : A. Yes B. No
allowance from your employer
If yes, how much :
50. Your education : A. Literate B. Illiterate

C. U.P D. M.E
E. HIGH SCHOOL
69
51. Reasons for leaving education : A. Financial difficulties
B. Compulsion of parents
C. Difficult and boring
curriculum in the school
D. Lack of basic requirements
in the school
E. Failure in Examinations
F. To look after the younger siblings
G. Harsh and discriminatory attitude
of teachers
52. What is your opinion about : A. Good B. Bad

making primary education
compulsory
If bad why : A. It retards the means of livelihood

B. Having no interest in study
C. It is better to work then study
D. Others
53. Do you like to continue your : A. Yes B. No

education if you get an
opportunity
54. Are you aware of'the law : A. Yes B. No

relating to child labour
If Yes can you explain what
you know?
70
55. What is your opinion about : A. Good B. Bad
prohibiting child labour
If bad, reasons for the same : A. It retards the means of livelihood

B. Increasing unemployment
C. Others
56. What is your opinion about : A. Good B. Moderate

your working condition C. Bad D. Very bad
57. Do you have any feeling of your destiny : A. Feel good B. Fell bad
C Feel very bad D. No feeling
58. Do you have any thinking : A. Think often B. Think

about your future occasionally
C. Not at all
thinking
59. Do you have the habit of : A. Regularly B. Occasionally

smoking C. No
60. DO you have the habit of : A. Regularly B. Occasionally

drinking C. No
61. Do you have the habit of : A. Regularly B. Occasionally
71
chewing tobacco C. No
62. Are you Satisfied with the

present Work
If no, specify the reason : A. Insufficient Income
B. Labour is too hazardous
C. Harsh and Cruel treatment by the
employer
D. Can't study and play like other
children
E. To be away from home
F. Others
72

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CHAPTER-1

A child of today cannot develop to be a responsible and productive member of tomorrow's

DEPARTMENT OF SOCIAL SCIENCE, FAKIR MOHAN UNIVER SITY, BALASORE

DEPARTMENT OF SOCIAL SCIENCE, FAKIR MOHAN UNIVER SITY, BALASORE

DEPARTMENT OF SOCIAL SCIENCE, FAKIR MOHAN UNIVER SITY, BALASORE

DEPARTMENT OF SOCIAL SCIENCE, FAKIR MOHAN UNIVER SITY, BALASORE

DEPARTMENT OF SOCIAL SCIENCE, FAKIR MOHAN UNIVER SITY, BALASORE

Child labour is a global crisis. There-fore a global response is needed. No nation,

The study has been undertaken to achieve the following objectives:

1. To study the socio-economic and demographic background of the child labour in

DEPARTMENT OF SOCIAL SCIENCE, FAKIR MOHAN UNIVER SITY, BALASORE

Following are the hypotheses of the study

DEPARTMENT OF SOCIAL SCIENCE, FAKIR MOHAN UNIVER SITY, BALASORE

 Site of the study is Balasore Township.

DEPARTMENT OF SOCIAL SCIENCE, FAKIR MOHAN UNIVER SITY, BALASORE

CASES OF CHILD LABOUR IN BALASORE

Source :OdishaTV Bureau

1. The working children (30)

DEPARTMENT OF SOCIAL SCIENCE, FAKIR MOHAN UNIVER SITY, BALASORE

DEPARTMENT OF SOCIAL SCIENCE, FAKIR MOHAN UNIVER SITY, BALASORE

DEPARTMENT OF SOCIAL SCIENCE, FAKIR MOHAN UNIVER SITY, BALASORE

DEPARTMENT OF SOCIAL SCIENCE, FAKIR MOHAN UNIVER SITY, BALASORE

DEPARTMENT OF SOCIAL SCIENCE, FAKIR MOHAN UNIVER SITY, BALASORE

DEPARTMENT OF SOCIAL SCIENCE, FAKIR MOHAN UNIVER SITY, BALASORE

DEPARTMENT OF SOCIAL SCIENCE, FAKIR MOHAN UNIVER SITY, BALASORE

DEPARTMENT OF SOCIAL SCIENCE, FAKIR MOHAN UNIVER SITY, BALASORE

Exact enumeration of children working in various hotels, restaurants, teashops, garages,

DEPARTMENT OF SOCIAL SCIENCE, FAKIR MOHAN UNIVER SITY, BALASORE

DEPARTMENT OF SOCIAL SCIENCE, FAKIR MOHAN UNIVER SITY, BALASORE

DEPARTMENT OF SOCIAL SCIENCE, FAKIR MOHAN UNIVER SITY, BALASORE

CHILD LABOUR LEGISLATION IN COLONIAL INDIA

DEPARTMENT OF SOCIAL SCIENCE, FAKIR MOHAN UNIVER SITY, BALASORE

DEPARTMENT OF SOCIAL SCIENCE, FAKIR MOHAN UNIVER SITY, BALASORE

The British introduced legislation restricting the employment of children in pre-independent

DEPARTMENT OF SOCIAL SCIENCE, FAKIR MOHAN UNIVER SITY, BALASORE

POST INDEPENDENT LEGISLATION

DEPARTMENT OF SOCIAL SCIENCE, FAKIR MOHAN UNIVER SITY, BALASORE

DEPARTMENT OF SOCIAL SCIENCE, FAKIR MOHAN UNIVER SITY, BALASORE

DEPARTMENT OF SOCIAL SCIENCE, FAKIR MOHAN UNIVER SITY, BALASORE

DEPARTMENT OF SOCIAL SCIENCE, FAKIR MOHAN UNIVER SITY, BALASORE

DEPARTMENT OF SOCIAL SCIENCE, FAKIR MOHAN UNIVER SITY, BALASORE

DEPARTMENT OF SOCIAL SCIENCE, FAKIR MOHAN UNIVER SITY, BALASORE

According to the National Commission on Labour "the employment of children is non-

DEPARTMENT OF SOCIAL SCIENCE, FAKIR MOHAN UNIVER SITY, BALASORE

The committee in its report recommended

DEPARTMENT OF SOCIAL SCIENCE, FAKIR MOHAN UNIVER SITY, BALASORE

DEPARTMENT OF SOCIAL SCIENCE, FAKIR MOHAN UNIVER SITY, BALASORE

LIMITATIONS OF THE CHILD LABOUR LEGISLATION

Despite various measures undertaken by the Government to tackle the exploitation of

DEPARTMENT OF SOCIAL SCIENCE, FAKIR MOHAN UNIVER SITY, BALASORE

DEPARTMENT OF SOCIAL SCIENCE, FAKIR MOHAN UNIVER SITY, BALASORE

DEPARTMENT OF SOCIAL SCIENCE, FAKIR MOHAN UNIVER SITY, BALASORE

DEPARTMENT OF SOCIAL SCIENCE, FAKIR MOHAN UNIVER SITY, BALASORE

BACKGROUND OF THE RESPONDENTS

DEPARTMENT OF SOCIAL SCIENCE, FAKIR MOHAN UNIVER SITY, BALASORE

2. Religion and Caste

DEPARTMENT OF SOCIAL SCIENCE, FAKIR MOHAN UNIVER SITY, BALASORE

DEPARTMENT OF SOCIAL SCIENCE, FAKIR MOHAN UNIVER SITY, BALASORE

8 Lack of facility for studying 20 67

9 For escaping from school 4 13

DEPARTMENT OF SOCIAL SCIENCE, FAKIR MOHAN UNIVER SITY, BALASORE

DEPARTMENT OF SOCIAL SCIENCE, FAKIR MOHAN UNIVER SITY, BALASORE

5. Presence of Parents of Child Labour