A Term Paper on

CHILD LABOUR IN INDIA: A THREAT TO A CHILD’S RIGHTS.

For partial fulfilment of the requirements of the course GNS 301

Instructor: Mr Adediran

Submitted by

name

matric

1
CHILD LABOUR IN INDIA: A THREAT TO A CHILD’S RIGHTS.

2
PAPER CONTENTS:
ABSTRACT
INTRODUCTION
DETAILED CONTENTS
CONCLUSION
Reference

3
 CHAPTER ONE
INTRODUCTION
It is not wrong to say that in all countries of the world, developed and
undeveloped, there is not one where all the human rights for mankind are said
to be protected and violations of these rights do not take place. There are
always loopholes despite the numerous efforts by both the governments and
the non-governmentalorganizations (national as well as international) in the
protection of human rights. In the third world countries like India, the
violation of human rights is even more blatant due to adverse economical and
social underdevelopment, poverty, illiteracy and inefficient implementation of
laws. More so, with respect to the rights of children.
Children are very important assets of a nation. What they become becomes the
fate of the nation. Therefore it cannot be stressed enough how important it is
to emphasize on the good upbringing of children. It is very often overlooked
that a child’s early years are the making of the future of the child. A child that
spends his/her childhood developing his/her talents and mental faculties by
going to school and staying in school has far better chances of making a better
life in the future. While a child that is engaged in child labour is deprived of
basic education or vocational trainings, and therefore stunts both physical and
mental growth. This situation that forces them to a life of unskilled labour and
underpaid jobs condemns them to a lifetime of meager earnings.
According to the National Census 2001, India still has 12.6 million child
labourers from the age group of 5 to 14. This is despite the existing laws,
legislations like the Child Labour (Prohibition and Regulation) Act, 1986 and
conventions such as United Nations Convention on the Rights of the Child
(UNCRC) in 1992. The problem of Child Labour cannot be seen in isolation.

4
It happens due to various other underlying issues like poverty, neglect of the
child’s welfare, lack of awareness of the benefits of education in lieu of labour
at the early ages and disregard of child rights. In this thesis, an attempt is
made to study the nature of child labour in relation with poverty and to
explore other just-as-important factors that encourage Child Labour in our
present day and age and explore possible remedial measures.
RESEARCH QUESTION
My central question to this research is - by alleviating poverty alone can Child
labour be completely rid off?
Wow
The hypothesis of this study is that Child Labour in India is the result of not
only using children as a docile and readily available economic asset due to
poverty but also due to poor implementation of laws pertaining to the control
of Child labour. Such ineffectualness allows people, without proper
awareness of the long term benefits of education, to continue with
encouraging the practices of Child Labour.

CHAPTER There
LITERATURE REVIEW
In “Human Rights Challenges of 21st Century”, A. Sethuramasubbiah (2008)
writing on “Human Rights and Children”, states how in the early 19 th century
there were rampant cases of violation of child rights since little to no attention
was given to the children. It was taken for granted that poverty was the main
5
cause of Child labour. Some even justified Child Labour as experiential
training which was beneficial for the child. However that changed with the
declarations of rights of the child in 1959.
Due to an unorganized nature of the work, it is impossible to know the exact
figures but the International Labour Organisation (ILO) has estimated the total
work force of children as 250 million, out of which 61 million are in Asia.
India has the highest number of child labourers and in India it is more of a
rural issue.
He approaches Child Labour as the “denial of child rights” as according to the
Convention of the Rights of the Child (CRC). Right to education and access to
recreation and right to a childhood itself are the rights of a child. He
highlights how the productivity of those children who stay in primary school
longer will enable to earn over six times the cost of giving them that span of
education.
In “Child Labour: A Socio-Legal Study” by Pawan Sharma(1994), the various
fields in which children are employed are being explored. One of the most
common and oldest being carpet making, the second being match and
firework industry and the others are glass bangle industry, zari making,
precious stone polishing and lock industries. Apart from industries, children
are being employed in restaurants, dhabas, homes as domestic hep and offices
for odd jobs such as sweeping and cleaning.
The working condition of these children are more often than not pitiable and
subhuman conditions. Most of these children are not given any health care and
as a result of adverse working conditions and abuse suffer from many health
issues such as asthma, eye-diseases, skin conditions, tubercolosis, bronchitis,
poisoning, etc.

6
Pawan Sharma(1994) opens up our eyes to the limitations of the laws
surrounding Child Labour, like The Child Labour (Prohibition and
Regulation) Act, 1986. It prohibits the employment of children below the age
of 14 in a list of “hazardous” industries as _ by the Act. However this Act
does not abolish Child Labour per se. This Act allows the working of children
in certain “non-hazardous” industries and only gives guidelines as to their
employment conditions. No matter the kind of occupation, if we allow Child
Labour to happen in some areas then abolishing it completely is impossible.
The Act should cover all kinds of work that children are or could be engaged
in. Also effective enforcement of the Act needs to be done by better and more
proper training and orientation of the concerned officials. The role of non-
governmental organisations is also crucial in identifying the child labour
concentration area.
In “Child Labour in India: A Genreal Review, with Case Studies of the Brick-
Making and Zari Embroidery Industries” by Sumanta Bannerjee(1979),
published by The Anti-Slavery Society as part of its Child Labour Series, he
makes a realistic approach and states how given the economic and social
condition of India is, Child Labour is somehow unavoidable. She points out
the legislation and the poor implementation of laws. It is true that every
industry has made laws regarding Child Labour and yet, we see rampant
examples of it starting in these industries themselves. Jobs in the unorganized
sector are more attractive to the majority than those in the organized sector
because the children can be paid minimal wages and given no protection
whatsoever.
According to the author, complete eradication of Child Labour seems
impossible, therefore he prescribes five short-term measures:

7
 i) Stricter enforcement of work and labour laws with a different
inspectorate for Child Labour;
ii) In case of small factories and cottage industries, the adoption of
regulatory and promotional measures;
iii) Involvement of other non-governmental voluntary organisations to
look into the unorganised sectors and its employment patterns;
iv) Vocationalisation of education
v) Strict enforcement of Minimum Wages Act.
These measures are only meant to reduce the hardships and not remove the
social evil itself. It is rightly stated that Childhood is a concept that does not
have meaning to many children in India.
G.K.Leitin(2000) in “Children, Work and Education-I: General Parameters”
explores the various causes of Child Labour, unburdening the very popular
assumption that poverty is the only cause of Child Labour. In fact the reasons
why children are made to engage in labour vary across different households.
The incidence of Child Labour seems to depend on the demand for labour,
low literacy rate and high fertility rate. High fertility rate made good
economic sense as children were seen as economic assests. Therefore, high
fertility rate, which gives better child labour income, is actually a conscious
household strategy in some cases. This is a common practice in rural families.
The second part is a study on the incidence of Child labour in Uttar Pradesh
with respect to the causes highlighted in the earlier section of his article. It is
observed that enrollment in school does not mean necessary attendance. Many
girls, as compared to boys are not enrolled in school and are logically
expected to work in the fields or at home (not necessarily their own).
However, many of such work goes unnoticed by the officials therefore

8
according to official census it could be shrugged off as limited incidence of
Child Labour and that labour basically begins at the onset of adolescence.
C.R.Y (Child Rights and You), an Indian organization dedicated to child
rights and its enforcement. In its report, “Developing a new perspective on
Child Labour: Exploring the aftermath of Mumbai Raids conducted from 2008
onwards” (2014), it tries to gain deeper insight into understanding the effects
on a child after being rescued. This report was made with special focus on
those 85 children rescued in 2008, out of which 78 were boys and 7 were
girls. It suggests long term interventions like affirmative action by state to
reduce the occurrence of Child Labour by bringing about rural development,
changing the mindset of the adults to view children as individuals with their
own rights and aspirations and setting up residential schools for the local
children in cities like Mumbai which would keep them off the streets and get
the educated. It also suggests interim interventions like ensuring access to
education with a special focus on those children who have been rescued. For
immediate interventions, it suggests filing of criminal cases against the
employers of these children, those who abuse their child labourers and also
those who act as the middle man to find child workers for the employers.

9
 CHAPTER THREE
LEGAL PROVISIONS IN INDIA
LAWS
The Constitution provides for the protection of the welfare of children. The
provisions that deal with child welfare are as follows;
1. Article 15(3): It empowers the state to make special provisions for
women and children.
2. Article 24: It prohibits employment of children in factories, etc. No
child below the age of 14(fourteen) years shall be employed to work in
any factory or mine or engaged in any hazardous employment.
3. Article 39(e): It safeguards that “the tender age of children are not
abused and that citizens are not forced by economic necessity to enter
avocations unsuited to their age or strength”,
and (f): It safeguards “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.”
4. Article 45: It “made a provision for free and compulsory education for
all children up to the age of fourteen years within ten years within ten
years of promulgation of the Constitution.”
10
 5. Article 47: It directs the State to raise level of nutrition and standard of
living and to improve public health.

LEGISLATIVE ACTS
The government of India has also declared some important legislation, in
order to combat Child Labour and to safeguard children’s rights. They are as
follows:
1. The Factories Act, 1948.
2. The Plantation Labour Act, 195.
3. The Mine Act, 1952
4. The Merchant Shipping Act, 1958.
5. The Motor Transport Worker Act, 1961.
6. The Apprentices Act, 1961.
7. The Atomic Energy Act, 1962.
8. The Beedi and Cigar Act Workers (Conditions of Employment) Act,
1966.
9. The Shops and Establishment Act in Various States, and
10.Child Labour (Prohibition & Regulation Act), 1986.

11
QUESTIONAIRE USED
Name:
Sex:
Marital Status:
Occupation:
Locality:

Q1. Do you think Child Labor is wrong?

a) Yes b) No

Q2. . Do you have children under the age of 14?

a) Yes b) No

Q3. Do you think your child should engage in labour to earn money?
a) Yes b) No

Q4. Do you commonly see violation of human rights in the form of Child
Labour, around where you live?
a) Yes b) No

Q5. What kind of work are these children engaged in?

a) Domestic work b) Industrial/Factory work c) Other odd jobs

Q6. Normally, what is the occupation of the parents of such children?

Q7. Do these children attend schools as well?
a) Many b) Few c) None
Q8. How many of them are school drop outs?
12
 a) Many b) Few c) None

Q9. Is the child working against his will?

a) Yes b) No

Q10. How much are the children being paid?

Q11. Do you think the wages are fair enough?

a) Yes b) No

Q12. Do you think being employed in labour affects the academic

performance of the child if the child is also currently a student in school?
a) Yes b) No

Q13. Do you think it is possible for the government of India to completely

eradicate Child Labour?
a) Yes b) No

Q14. Will you favour complete eradication of Child Labour?

a) Yes b) No

Q15. What in your opinion should be done to stop Child Labour?

FINDINGS OF THE RESEARCH

Samples collected: 10

13
Male: 7
Female: 3
Table 1.
Q
Yes No Remarks
no.
10/1 A unanimous response of rejection for the
1. 0/10
0 practice of Child Labour.
2. 6/10 4/10 -
10/1 Childrenworking is not to be encouraged under
3. 0/10
0 any circumstances.
4. 8/10 2/10 -
In certain cases, children are not working against
9. 7/10 3/10
their will.
Wages are not fair, employers tend to take
11. 0/10 10/10
advantage of their vulnerability
Most observed the adverse effect of engaging in
12 8/10 2/10 labour on their academic performance, due to
lack of time or overall study environment.
A majority thinks that the Government of India
13. 4/10 6/10 will not be able to eradicate Child Labour
completely.
Most support the idea of complete eradication of
14. 9/10 1/10
Child Labour.
Table 2.
Q.
Responses
no.
5. 6/10 observed Child Labour mostly in the form of domestic help
in homes.
4/10 observed mostly children involved in other odd jobs, like
shops, restaurants etc
14
 No observance of industrial child workers.
Most observed occupation of the parents of children engaged in
6. such works are rickshaw pullers, farmers, daily wage earners
and domestic helpers.
7. Few are in school.
8. Many are school drop-outs.
The wages of the children are mostly set at half of what the
10.
adults get for almost the same amount of work.
A total of 10 samples were collected, comprising of both male and female,
and from among people engaged in various occupations ranging from a
student to a domestic help to office-goers, with an aim to grasp the various
levels of awareness of Child Labour and to catch a glimpse of the various
mentalities that people may have with regard to child Labour.
However, on examining the responses of the questionnaire, it is found that
most people have the same outlook towards Child Labour, that it is indeed a
social evil and needs to be done away with. The findings shed light on the fate
of children from poor financial backgrounds being coerced or brain-washed
into giving primary importance to engaging in labour and secondary
importance to education. These children are mostly engaged in domestic work
at the homes of better-off families. These children are mostly paid half the
wages that adults would normally get for almost the same amount of work.
There seem to be an advantage that the employers take of their financial
desperation and the docility of the children.
The parents of these children engaged in labour, tend to play fast and loose
with the idea of their children being “enrolled” in schools, in that they do not
see to it that the child goes to school on a daily basis or take their studies
seriously. They are made to juggle between work and studies. As a result of
which after a certain class, the children would drop out of schools as they are

15
unable to keep up with the advancement of academics in the higher classes.
Compulsory education needs to be reinforced more strictly.
An interesting finding of the research was the report (given by some
interviewee) of the existence of middle men or brokers that the employers
would use to find young children to work for them. These middle men are not
unheard of in the past; however with the existing laws that protect children, it
is almost shocking that such middle men are still at work. This reminds us yet
again of the poor implementation of laws that exist in India, which allows
such practices to go unnoticed.
Another interesting finding of this research was that most of the people do not
think that the government of India will be able to completely wipe out Child
Labour, owing to the nation’s widespread curse of unemployment, which
leads to poverty, which ultimately leads to Child Labour, among many other
reasons. It is indeed an irony that an adult’s unemployment results in a child’s
employment.
CHAPTER FOUR
CONCLUSION
In spite of the many laws and regulations made by the government of India to
combat Child Labour, their implementation is often a mockery. Many poor
children today are still subject to labour and this goes unnoticed by the
concerned authorities. Just the mere prohibition of it is not enough, much
more has to be done to combat Child Labour. Alleviation of poverty is an
important step to be taken since most parents in poor families blame it on their
immediate financial needs for forcing or allowing their child to engage in
child labour for minimal wages. But can they really not make ends meet
without subjecting their children to Child labour? Creation of job

16
opportunities for the adults goes a long way in uplifting the financial stability
of poor families. So long as their immediate financial needs are met, there is
hope that the parents would focus on the education of the children.
Also the importance of creating awareness for compulsory education cannot
be taken for granted. It will be of immense help if awareness is made of the
fact that education at least till higher secondary level will be more significant
to the child as well to the family in the long run than wasting away their
childhood engaged in labour. The prospects of a better future for the child lie
in his/her early educational trainings. The Right of Children to Free and
Compulsory education has to be taken advantage of, especially by those in the
rural or more backward areas. If this country has to fight Child Labour, the
right place to start would be reinforcing Compulsory Education in the strictest
way possible. Such steps, in the long run, can help alleviate the family’s
financial status as well.
“The day will come when the progress of nations will be judged not by their
military or economic strength, nor by the splendour of their capital cities
and public buildings, but by the well-being of their peoples: by their levels
of health, nutrition and education; by their opportunities to earn a fair
reward for their labours; 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.”
-UNICEF, The Progress of Nations.

17
REFERENCES

Banerjee, Sumanta (1979), Child Labour in India: A General Review, with

Case Studies of the Brick-Making and Zari Embroidery Industries
(Child Labour Series), Northwestern University: Anti-Slavery
Society.

CRY & C.A.R.E. (2014), “Developing a new perspective on Child Labour:

Exploring the aftermath of Mumbai raids conducted from 2008
onwards”, [Online: web] Accessed on 1st October 2018. URL:
https://www.cry.org/resources/pdf/CRY-CARE-report-on-Child-
Labour-2014.pdf .

18
Lieten, G. K. (2000) “Children, Work and Education-I: General
Parameters”, Economic and Political Weekly, vol. 35, no. 24, 2000,
pp. 2037–2043. JSTOR, JSTOR, www.jstor.org/stable/4409389.

Sethuramasubbiah, A (2008), “Human Rights and the Children”, in V.N.

Viswanathan (ed.) Human Rights Challenges of 21st Century, Delhi:
Kalpaz Publications.

Sharma, Pawan (1994). “CHILD LABOUR: A SOCIO-LEGAL STUDY”,

Journal of the Indian Law Institute, vol. 36, no. 2, 1994, pp. 211–
220. JSTOR, JSTOR, www.jstor.org/stable/43951532.

UNICEF (1995), “The Progress of Nations”, [Online: web] Accessed on the

4th October 2018. URL: https://www.unicef.org/pon95/ .

19