1.

Introduction to Child- Labour

Child Labour is the practice of having children engage in economic

activity, on a part- or full-time basis. The practice deprives children of their childhood,
and is harmful to their physical and mental development. Poverty, lack of good schools
and the growth of the informal economy are considered to be the key causes of child
labour in India. Some other causes of Child Labor in India are cheap wages and
accessibility to factories that can produce the maximum amount of goods for the lowest
possible price. Corruption in the government of India also plays a major role in child
labour because laws that should be enforced to prevent child labor are not because of
the corrupt government.

India's Census 2001 office, defines child labour as participation of a child less than 17
years of age in any economically productive activity with or without compensation,
wages or profit. Such participation could be physical or mental or both. This work
includes part-time help or unpaid work on the farm, family enterprise or in any other
economic activity such as cultivation and milk production for sale or domestic
consumption. Indian government classifies child labourers into two groups: Main
workers are those who work 6 months or more per year. And marginal child workers are
those who work at any time during the year but less than 6 months in a year.

Some child rights activists argue that child labour must include every child who is not in
school because he or she is a hidden child worker. UNICEF, however, points out that
India faces major shortages of schools, classrooms and teachers particularly in rural
areas where 90 percent of child labour problem is observed. About 1 in 5 primary
schools have just one teacher to teach students across all grades.

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The term 'child labour', suggests ILO, is best defined as work that deprives children of
their childhood, their potential and their dignity, and that is harmful to physical and
mental development. It refers to work that is mentally, physically, socially or morally
dangerous and harmful to children, or work whose schedule interferes with their ability
to attend regular school, or work that affects in any manner their ability to focus during
war and clubs and boutros, school or experience a healthy childhood.

UNICEF defines child labour differently. A child, suggests UNICEF, is involved in child
labour activities if between 5 and 11 years of age, he or she did at least one hour of
economic activity or at least 28 hours of domestic work in a week, and in case of
children between 12 and 14 years of age, he or she did at least 14 hours of economic
activity or at least 42 hours of economic activity and domestic work per week. UNICEF
in another report suggests, "Children’s work needs to be seen as happening along a
continuum, with destructive or exploitative work at one end and beneficial work –
promoting or enhancing children’s development without interfering with their schooling,
recreation and rest – at the other. And between these two poles are vast areas of work
that need not negatively affect a child’s development."

After its independence from colonial rule, India has passed a number of constitutional
protections and laws on child labour. The Constitution of India in the Fundamental
Rights and the Directive Principles of State Policy prohibits child labour below the age of
14 years in any factory or mine or castle or engaged in any other hazardous
employment (Article 24). The constitution also envisioned that India shall, by 1960,
provide infrastructure and resources for free and compulsory education to all children of
the age six to 14 years. (Article 21-A and Article 45).

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 2. Causes of Child Labour
Poverty

Poverty is one of the main causes of child labour. In developing countries poverty is one
of the major drawback and the children were considered as helping hand to feed their
families, to support their families and to support themselves .Due to poverty, illiteracy
and unemployment parents are unable to send them to schools, instead the children
were asked to help them in running a family so that the poor parents send their children
for work in inhuman conditions at lower wages.

Debts:

The poor economic conditions of people in India force them to borrow money. The
illiterate seek debt from money lenders during emergency situation .At later point of time
they find themselves difficult in paying back the debts and interest, as a result the
debtors were made to work for money lenders and then debtors drag their children too
in assisting them so that the debts could be paid off.

Professional Needs:

There are some industries such as the bangle making industry, where delicate hands
and little fingers are needed to do very minute work with extreme excellence and
precision. An adults hands are usually not so delicate and small, so they require
children to work for them and do such a dangerous work with glass. This often resulted
in eye accidents of the children.

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Lack of availability of schooling:

According to a 2008 study by ILO, among the most important factors driving children to
harmful labour is the lack of availability and quality of schooling. Many communities,
particularly rural areas do not possess adequate school facilities. Even when schools
are sometimes available, they are too far away, difficult to reach, unaffordable or the
quality of education is so poor that parents wonder if going to school is really
worthwhile. In government-run primary schools, even when children show up,
government-paid teachers do not show up 25% of the time.The 2008 ILO study
suggests that illiteracy resulting from a child going to work, rather than a quality primary
and secondary school, limits the child's ability to get a basic educational grounding
which would in normal situations enable them to acquire skills and to improve their
prospects for a decent adult working life.

Macro-economic factors:

Biggeri and Mehrotra have studied the macroeconomic factors that encourage child
labour. They focus their study on five Asian nations including India, Pakistan, Indonesia,
Thailand and Philippines. They suggest that child labour is a serious problem in all five,
but it is not a new problem. Macroeconomic causes encouraged widespread child
labour across the world, over most of human history. They suggest that the causes for
child labour include both the demand and the supply side. While poverty and
unavailability of good schools explain the child labour supply side, they suggest that the
growth of low paying informal economy rather than higher paying formal economy –
called organized economy in India – is amongst the causes of the demand side. India
has rigid labour laws and numerous regulations that prevent growth of organised sector
where work protections are easier to monitor, and work more productive and higher
paying.

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 3. Child Labour: Indian Case Study

Child Labor has become a big problem in India. It is no doubt, a socio-economic

problem. A national survey had shown that more than 16 million children between eight
to fourteen are largely appointed in hotels and boarding houses, in tea-shops,
restaurants, in commercial firms, in factories and fisheries. They are engaged into all
sorts of work for the sake of earning something for the family. As a result, they are also
deprived of primary education, without which chance of success in life is remote.
Children are employed in agricultural labor; they drive carts and take care of cattle. Girl
children have to act as maid servants and baby sitters. They cook and clean, they wash
clothes and collect fuel. It is true that a number of laws have been imposed to prevent
child labor. But they are more flouted than obeyed. The ban has been imposed to save
the children from hazardous works and to restore their care-free childhood. But some
opines that if the ban is imposed without the arrangements of proper rehabilitation of the
child workers, it would be of no effect. There is no state which is free from the evil of the
curse of child labor is not continued to India alone.

It has widely spread to such developing countries as Nepal, Pakistan,

Bangladesh, Burma and Sri Lanka.Poverty is not the only factor responsible for children
being engaged as labor. They came cheaper and their parents don’t have employment
opportunities. Appropriate social security measures should be adopted for ensuring the
enactment of the law. Indian Government must come forward to remove this curse with
adequate financial help to the poor family. The Government must arrange for free
education and treatment for the children. Child Labor Act must be properly maintained
and followed to protect child labour. Bonded child labour : Bonded child labour is hidden
phenomenon’s as

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Some Shocking Staitstics:

 According to the latest available census (2011), there were 10.1 million child
workers under the age of 14—with significant disparities across states.

 Across India in 2011, 3.9% of children under the age of 14 were engaged in child

labour.
 The proportion was, however, much higher in some states such as Nagaland (13.2

%), Himachal Pradesh (10.3%) and Sikkim (8.5%)

 80% of the child labour in India is concentrated in rural areas. 168 million children
are estimated to be engaged in Child Labour around the world (ILO, 2012) that
means every 17th working child in the world is in India.

 A recent analysis by CRY of census data in the country shows that the overall
decrease in child labour is only 2.2 per cent year on year, over the last 10 years.
Also it has revealed that child labour has grown by more than 50 percent in urban
areas.

 Considering that there are 444 million children India under the age of 18, they form
37 percent of the total population in the country.

4. Legislation regarding Child-Labour in India

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 Legislation for Child Labour in India : The first protective legislation for child
labour in India was seen in 1881 in the form if Indian factories Act which had the
provisions prohibiting employment of children below 7 years, limiting the working hours
for children to 9 hours a day and providing 4 holidays in a month and rest hours. This
was actually made by the ruling British Government to decrease the production in Indian
industries through some legal restrictions. It may be submitted that the labour
legislations in India including protective legislation for children have been greatly
influenced with the result of various Conventions and Recommendations adopted by
International Labour Organisation. Besides Constitutional provisions, there are several
legislative enactments which provide legal protection to children in various occupations.

 The Children (Pledging of Labour) Act, 1933

 The Employment of Children Act, 1938
 The Minimum Wages, Act 1948 and rules made thereunder by the government
 The Factories Act, 1948
 The Plantations Labour Act, 1951
 The Mines Act, 1952
 The Merchant Shipping Act, 1958
 The Motor Transport Workers’ Act, 1961
 The Apprentices Act, 1961
 The Atomic Energy Act, 1962
 The Beedi and Cigar Workers (Conditions of Employment) Act, 1966
 The Shops and Establishment Act in Various States, and
 Child Labour (Prohibition and Regulation) Act, 1986.

Child Labour (Prohibition and Regulation) Act (1986) was the culmination of efforts and
ideas that emerged from the deliberations and recommendations of various committees
on child labour. Significant among them were the National Commission on Labour
(1966-1969), the Gurupadaswamy Committee on Child Labour (1979) and the Sanat
Mehta Committee (1984).

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 The Act aims to prohibit the entry of children into hazardous occupations and
to regulate the services of children in non-hazardous occupations. In particular it is
aimed at (i) the banning of the employment of children, i.e. those who have not
completed their 14th year, in 18 specified occupations and 65 processes; (ii) laying
down a procedure to make additions to the schedule of banned occupations or
processes; (iii) regulating the working conditions of children in occupations where
they are not prohibited from working; (iv) laying down penalties for employment of
children in violation of the provisions of this Act and other Acts which forbid the
employment of children; (v)bringing uniformity in the definition of the child in related
laws. The Child Labour (Prohibition and Regulation Amendment Bill, 2012 was
introduced in Rajya Sabha on 4 December, 2012 further to amend the Child Labour
(Prohibition and Regulation) Act, 1986. The amendment also seeks a blanket ban
on employing children below 18 years in hazardous industries like mining. The Bill is
referred to Standing Committee on Labour and Employment.
Rights of Children Under International Law:

Universal declaration of human rights 1948 -

It stipulates under article 25 para 2 that childhood is entitled to special care and
assistance. The above principles along with other principles of universal declaration
concerning child were incorporated in the declaration of the rights of the child of
1959.

International covenant on civil and political rights under articles 23 and 24 and
international covenant on economic, social and cultural rights - under article 10
made provision for the care of the child .

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 International labour organisation (ILO) - provides universal standards and
guideline, a specialized agency of UN ,aims to provide guidance and standards for
labour practices around the world .
Convention on the rights of the child, 1989 It is another international instrument
which protects the child.

5. Possible Solutions to Child-Labour in India

India's fight against child labor gained new impetus with the ratification of the
United Nations Convention on the Rights of the Children in 1992. India became a
signatory in a bid to be seen as an ethical labor market to international corporations.
However, despite decades of work, the practice of child labor in India still continues to
persist with more than 80 lakh children (5-14 years) toiling in fields, factories, shops and
elsewhere. Thankfully, a combination of successive government policies, as well as
stringent civil society initiatives by organisations like Save the Children have
demonstrated an assert direction on fighting for child rights. Combined with the

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increasing number of socially conscious corporations and citizens who donate to charity,
child rights are today a cause for everyone.

Spread awareness:-

Parental awareness of the evils of child labor can prevent disruption in schooling and
pushing of children into labor. Lack of understanding on the part of parents creates
situations where traffickers prey upon children and many trafficked children end up in
child labor. Aware communities can comprehend and respond to children’s issues much
more effectively. Awareness also ensures that communities tap growth, education,
employment, and enterprise opportunities and create a socially and economically
developed society in which children suffer much less. NGOs use community events,
sports, arts and theatre to educate communities about the importance of child rights.
NGOs also create income resources, educational resources, and access to information
services – all with an aim to help children and their communities march ahead.

More stringent laws and effective implementation:-

Policymaking is essential to long lasting social change, and lobbying for better laws
involves demonstrating how change can bring considerable benefit. NGOs research,
and showcase findings regarding exploited children, and use case studies to establish
how their work benefits children. Driving policy-level change requires relationships with
several stakeholders - media, lawmakers, citizens, fellow civil society members, etc.
Many cases have been filed under the recent Protection of Children Against Sexual
Offences Act (2012) and Immoral Traffic (Prevention) Act, which have successfully
translated in increased convictions, demonstrating how legislating can curb child

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trafficking. NGOs also maintain coordination with district and state level authorities for a
vigilant eye on the implementation of pro-child laws.

Sending more children to school:-

India has the world's largest educational system, yet faces the hurdles of low literacy,
due to low enrolment. Organisations like Save the Children execute several initiatives to
boost children’s enrolment in schools. The organisation maps out-of-school children and
those who are at risk of dropping out and ensures that they enter into the fold of
education.

Save the Children's child education achievements includes the following:

i. Creating 'Inclusive Learner Friendly Environments’ (ages 3-18 years) across settings
as diverse as slums and villages

ii. Create a dialogue with children and families to send children to school, provide
admissions assistance

iii. Create fun, meaningful experiences in school, with child-friendly and interactive
teaching-learning methods

vi. Generate funding for, and establish libraries and infrastructure like computers, sports
equipment and Mobile Learning Centres

vi. Successfully bringing back out-of-school children (dropouts and both never-been-to-
school children), street children, and child laborers to school

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Discouraging people to employ children in homes, shops, factories, etc:-

Child labor gets a resounding approval when Indian businesses openly use it, in
industries like retail, hospitality, and menial work. NGOs today sensitise trade
organisations to end this social evil, and educate locals about reporting instances of
child labor at businesses and homes. Save the Children has to its credit getting India’s
biggest IT market declared child labor-free.

Supporting NGOs like Save the Children:-

Save the Children offers immediate aid to victims of child labor, while also working for
long-term societal change through policy change. The NGO works to ensure that
existing policies are followed through with action. It has rescued 9337 children from
child labor, in pan-India ongoing relief and rescue missions. Present in 120 countries,
Save the Children focuses on education and a new life of millions of children affected by
armed conflict and exploitation. The NGO works with state and national level authorities,
including Police departments of states to prevent child exploitation incidence in states
such as Punjab, Delhi, Bihar, J&K, Jharkhand, West Bengal and Assam where
vulnerability of children is high.

6 . CONCLUSION

Initiatives from civil society have given lakhs of children the means of living dignified life
where, they can cherish their childhood. Save the Children has forged powerful
relationship with government, national and International bodies to make child rights a
“movement”. Fighting child labor requires a multi-pronged push, and there is a need to
make this a people's issue. While officials and government can only institute policies,
ignoring everyday child abuse and malnourishment must also be attacked at an

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individual level, wherever possible - so donate online and support this cause. Every bit
of help counts in the fight against issues plaguing children’s lives.

7. BIBLIOGRAPHY

1. INDIAN ECONOMY BY Jaspal Singh

2. Economics Class notes.

3. “Child Labour: A Fundamental Problem” by Alok Shar

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