NATIONAL LAW INSTITUTE UNIVERSITY

LABOURLAW

CHILD LABOUR IN INDIA:

AN OVERVIEW

XII TRIMESTER
SESSION 2019-20

Submitted to: Submitted by:

PROF. MAHENDRA SONI VIPUL DOHLE

2016BALLAB110
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 ACKNOWLEDGEMENT

I would like to thank my faculty, Dr. Mahendra Soni, whose assignment of such a relevant
and interesting topic made me work towards knowing the subject with a greater interest and
enthusiasm and moreover he guided me throughout the project.

I owe the present accomplishment of my project to my friends, who helped me immensely

with sources of research materials throughout the project and without whom I couldn’t have
completed it in the present way.

I would also like to thank the library staff for working long hours to facilitate us with
required material going a long way in quenching our thirst for education.

I would also like to extend my gratitude to my parents and all those unseen hands that
helped me out at every stage of my project.

-VIPUL

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TITLE OF THE PROJECT:
Child Labour in INDIA: An Overview

STATEMENT OF PROBLEM:
The children are the most deprived section of population forced to earn a pittance or to contribute
to family work sacrificing personal development

OBJECTIVE OF STUDY:
This project is an attempt to formulate integrated approach and various intervention
strategies towards eradication of the problem of child labour.

HYPOTHESIS:
Engaging children in any sort of work inhibits affects their fullest growth. Legislative
provisions are formulated to prevent the menace of child labor

RESEARCH QUESTIONS:
 What legislative measures are taken by the Indian Government to eradicate child
labour?
 What measures need to be taken in furtherance of the statutes enacted?
 Whether it is possible to prohibit employment of Children?

RESEARCH METHODOLOGY:
In accordance with the objectives of the present study, doctrinal research design has been
adopted. The doctrinal design has been used to study Child Labour. Doctrinal Research is a
research, as we all know, based on the principles or the propositions made earlier. It is more
based on the sources like books of the library, and through resources collected through access
to various websites. For the purpose of the Research Project, the Researcher has collected
relevant materials from books on Labour Law and also from various websites. The Research
has been done primarily with the help of case laws and leading judgements of various courts
as well as legislative provisions. Various articles from the internet sources have also been
referred.

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 TABLE OF AUTHORITIES

I. CASES

 Peoples Union for Democratic Rights v. Union of India

 Labourers, Salal Hydro Project v. State of Jammu and Kashmir
 Rajangam, Secretary, Dist. Beedi Workers Union v. State of Tamil Nadu and others
 K.C. Chandra Segaram v. State of Tamil Nadu and others
 M.C. Mehta v. State of Tamil Nadu and others
 Sheela Barse v. Union of India
 Bandhua Mukti Morcha v. Union of India and others (II), it was held by the Court

II. STATUTES

 The Indian Factory Act 1881

 Employment of Children Act, 1938

 Children (Pledging of Labour) Act, 1933

 CONSTITUTION OF INDIA- ARTICLES 14, 15, 21, 21A, 23, 24, 45, 243G

 The Factories Act, 1948

 Minimum Wages Act, 1948

 The Plantation Labour Act, 1951

 Mines Act, 1952

 Merchant Shipping Act, 1958
 Motor Transport Workers Act, 1961
 Beedi and Cigar Workers (Conditions of Employment) Act, 1966
 The Child Labour (Prohibition and Regulation) Act, 1986
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 III. INTERNATIOONAL BODIES

UN Convention on the Rights of the Child (UNCRC)

International Labour Organisation

UNICEF

IV. ARTICLES

 Human Rights Watch (1996), The Small Hands of Slavery - Bonded Child
Labor in India. New York: Human Rights Watch.

 International Labour Organization (1993), World Labour Report. Geneva:

International Labour Organization.

 Kanbargi (1988), ‘Child Labour in India: The Carpet Industry of Varanasi’, in

Bequele and Boyden (eds.), Combating child Labour, op.cit.

 Mehra-Kerpelman, K (1996), Children at work: How many and where? World

of Work 15:8-9.

V. MISCELLANEOUS

 Recommendations of Gurupadaswamy Committee

 National Policy on Child Labour, 1987

 World Summit for Children, 1990

 National Charter for Children, 2003

 National Plan of Action for Children, 2005

 Indian Labour Conference, 1957

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 TABLE OF CONTENTS

INTRODUCTION ................................................................................................................ 7

POLICY OPTIONS .............................................................................................................. 8

Pre-independence period:................................................................................................... 8

Post-independence Period: ................................................................................................. 9

INCIDENCE OF CHILD LABOUR ................................................................................... 15

CASE LAWS ...................................................................................................................... 17

WHAT NEEDS TO BE DONE? ......................................................................................... 19

Poverty Eradication Programmes: .................................................................................... 19

Campaign for strict implementation of Legislations: ........................................................ 20

Budget Advocacy: ........................................................................................................... 21

Community Action towards Child Education: .................................................................. 22

Engaging Institutions of Governance: .............................................................................. 22

CONCLUSIONS AND SUGGESTIONS ............................................................................ 23

BIBLIOGRAPHY ............................................................................................................... 25

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 INTRODUCTION

Child labour is an integral part of labour force, especially in poor countries. These children
are the most deprived section of population forced to enter labour market at tender age to
earn a pittance or to contribute to family work, sacrificing personal development. Poverty
coupled with rapidly growing population, ignorance and increasing dependency load are
behind the grim incidence of children employment in the villages and towns of developing
countries. The exploitative structure, lopsided development, iniquitous resource ownership
with its correlation of large-scale unemployment and abject poverty have contributed
towards increasing child labour among the countries1.
Child labour hampers the normal physical, intellectual, emotional and moral development
of a child. Children who are in the growing process can permanently distort or disable their
bodies when they carry heavy loads or are forced to adopt unnatural positions at work for
long hours. Children are more vulnerable because they are less resistant to diseases and
suffer more readily from chemical hazards and radiation than adults.
In India, child labour is not a new phenomenon. It has been in existence since time
immemorial in one form or the other and has been changing from time to time. With the
advent of industrialization and urbanization in the early 19 th century, the factory and industry
began taking the place of handicrafts. Agriculture became more mechanized. This gave rise to
landless labourers. And consequently, there was an unbroken stream of the rural poor
migrating to urban centers in search of livelihood. Factory, on the other hand, required cheap
and plentiful labour. Children started being employed both on farms and in factories because
they provided a cheap and uncomplaining labour force as against adults who could be more
demanding and hence more difficult to handle (Gupta, 1979). Children are preferred as they
are not unionized, can be easily controlled, tortured, and exploited without any fear of
backlash. Moreover, children are better suited to jobs like brick making, carpet weaving, and
silk spinning etc. Their cheapness and remote possibility of collective bargaining on their part
makes them vulnerable and induced producers to employ and exploit the child labour. The
importance of education is neglected for the child and replaced with necessity of providing
food and shelter i.e. children work to supplement meager family income or otherwise to help
the family business. In doing so, they are being denied of basic rights such as the right to
education, to freedom from abuse, and to proper health.
1
There are still many people in the world who are so poor that they often don’t have enough to eat each day and
suffer from hunger. People who are extremely poor are people who have less than US$ 1 a day to live on. There
are more than 1 billion people in the world who live on less than $ 1 a day. 7
 POLICY OPTIONS
Pre-independence period:

Several preventive measures have been initiated in India for regulating child labour
during the pre-independence period by enacting important legislations like The Indian
Factory Act 1881 which defined “child” to be any young person below 12 years of age,
and fixed the minimum and maximum ages for employment at seven and twelve
respectively, and the hours of work at nine a day with an interval for rest of one hour,
and a weekly holiday.
The insufficient protection of children and the failure to regulate women’s
labour were among the causes of the revival of agitation for the immediate amendment
of the first Act, and the appointment of Factory Commissions in 1884 and 1890. On the
recommendations of the Commission, the Factories Act of 1881 was amended in 1891.
By this amendment, the definition of “child” became any person below 14 and the
minimum and maximum age limit for employment of children were raised to 9 and 14
respectively, and their hours of work were limited to 7 a day.
The Children (Pledging of Labour) Act, 1933 came into being to prohibit the
pledging of labour of children. The Act lays down that an agreement, oral or written,
expressed or implied, made by parent or guardian of child in consideration of some
payment or benefit for causing or allowing the services of a child to be utilized in any
employment, shall be void (Section- 3). However, it is worth mentioning that an
agreement without detriment to the child and made in consideration of any benefit,
other than reasonable wages to be paid for the services of the child and terminable at
not more than a week’s notice will not be void.

In consonance with the recommendations made by The Twenty Third Session

of the International Labour Conference held in 1937, India passed the Employment of
Children Act, 1938. The Act prohibits the employment of children who have not
completed 15 years of age in any occupation connected with the transport of
passengers, goods or mails by railways; or connected with cinder picking, clearing of
an ash pit or building operation in the railway premises; or connected with the work in
a catering establishment at a railway station, involving the movement of the vendor or
any other employee of the establishment for one platform to another or into or out of
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the moving train; or connected with the work relating to the construction of railway
station or with any other work where such work is done in close proximity or between
the railway lines; or connected with a port authority within the limits of any port
[Section- 3(1)]. The Act further prohibits the employment of children below 14 years
of age in workshops connected with beedi making, carpet weaving, cement
manufacturing including bagging of the cement, cloth painting, dyeing, weaving,
manufacture of matches, explosives and fireworks, mice cutting and splitting, shellac
manufacture, soap manufacture, tanning and wool cleaning(Section- 3(3)). The penalty
for the breach of the provisions of Act was with a simple imprisonment up to one
month or fine up to 500 or both (Section- 4).

Post-independence Period:

India’s commitment to children is clearly manifested in its CONSTITUTION

wherein several articles are incorporated dedicated to children, viz.: -
• Article 15—The State shall not discriminate against any citizen……Nothing in this
Article shall prevent the State from making any special provisions for women and
children.
• Article 21—No person shall be deprived of his life or personal liberty except
according to procedure established by law.
• Article 21 A—The State shall provide free and compulsory education to all children
of the age of 6-14 years in such manner as the State may, by law, determine.

• Article 23—Traffic in human beings and begar and other forms of forced labour are
prohibited and any contravention of this provision shall be an offence punishable in
accordance with the law.
• Article 24—No child below the age of 14 years shall be employed to work in any
factory or mine or engaged in any other hazardous employment.
• Article 45— The State shall endeavor to provide early childhood care and education
for all children until they complete the age of six years.
• Article 243G read with Schedule 11 – provide for institutionalization of child care by
seeking to entrust programmes of Women and Child Development to Panchayat (Item
25 of Schedule 11), apart from education (item 17), family welfare (item 25), health
and sanitation (item 23) and other items with a bearing on the welfare of children.

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 The Factories Act, 1948
The Factories Act, 1948 prohibits employment of a child below 14 years in any
factory. This Act, extends to the whole of India except the state of Jammu and
Kashmir.11 Section 67 of the Act, enacts an absolute prohibition of employment of a
child in any factory. It means no child below the age of 14 years can be asked to work
or if he himself wants to work can be permitted to work in any factory. The provision
is intended to safeguard the needy children who may like to work at the cost of their
health and life. The Act distinguishes between ‘child’,‘ adolescent’ and ‘adult.’12
‘Child’ is a person who has not completed the age of 15 years13 ; an ‘adolescent’ is a
person who has completed age of 18 years14 and an ‘adult’ is a person who has
completed the age of 18 years.15 The Act defines a ‘young person’ as one who is
either a child or a adolescent’16 A child below the age of fourteen is not allowed to
work in a factory17 A child above the age of fifteen and below the age of eighteen
cannot be employed to work for more than four and half hours and cannot be employed
during the night.
Minimum Wages Act, 1948
The Act extends to the whole of India except the State of Jammu and Kashmir.
The Minimum Wages Act was enacted for the improvement of the economic
conditions of the working people in industries in our country. It provides for fixing
minimum rates of wages in certain employment to which provisions of this Act applies.
It intended to prevent exploitation of labour and for the purpose it authorizes the
appropriate government to take steps to prescribe minimum rates of wages in the
scheduled industries. The Act was enacted with the objectives of fixing, reviewing,
revising and enforcing the minimum rates of wages relating to scheduled employments
to the notified under the law by the appropriate government, i.e. Central/state. The
intention of the Act is to fix minimum rates of wages in which the labour force is
vulnerable to exploitation i.e. is not well organized and has no effective bargaining
power. It provides for an institutional mechanism and procedure for fixation, review,
revision and enforcement of minimum rates of wages. ‘Minimum Wage’ has not been
defined in the Act. In essence, the minimum wage represents the basic subsistence
wage below which no employer can go, although nothing prevents him from paying
above this statutorily notified wage.

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 The Act defines a child as a person below 15 years. It provides for minimum
wages for children and apprentices. It also has provision regarding hours of work and
physical fitness. Under this Act, adult means a person who has completed the age of 18
years and adolescent means a person who has completed the age of 14 years but less
than 18 years. There are however two provisions in the law that have a direct relevance
to child labour, which appears that the Act did not have any objective of elimination of
child labour.

Sub-section 3 of section 3(A) read as follows. In fixing or revising minimum rates of

wages under this section: (a) Different minimum rates of wages may be fixed for : (i)
different scheduled employments ; (ii) different classes of work in the same scheduled
employment ; (iii) adults, adolescents, children, and apprentices.
Rule 24 says, Number of working hours which shall constitute a working day. (1) The
number of hours which shall constitute a normal working day shall be (a) in the case of
the adult, nine hours; (b) in the case of a child, four and half hours; and (2) The
working day of an adult worker shall be so arranged that inclusive of the intervals of
rest, if any, shall not spread over more than twelve hours on one day.

There are two anomalies arising out of the above provision. One is that, in rural areas
and in the unorganized and informal sectors of employments it is extremely difficult to
fix the hours of work and also to enforce the hours so fixed. Even though children are
barred from working for over four and a half hours a day, in actual practice they work
for over eight hours and sometimes even more than ten and twelve hours. A recent
study conducted by UNICEF of children employed in brick kilns in Thane district of
Maharashtra confirms this. Even when children actually work for more than the
stipulated hours of work they are not paid overtime. The provision of ‘spread over’, as
in rule 24(2) is invariably, honoured in the breach. 281 Such unduly long hours of
work are not in the interest of children and are likely to cause irreparable damage to
their health, psyche, and overall development.26 The second anomaly arises from a
bare reading of sec.11. Section 11,deals with payment of wages. Ordinarily under sec.
11(1) such wages shall be paid in cash, sec. 11(2) however, permits payment of wages
either wholly or partly in kind where it has been the custom to pay wages in kind after
satisfying itself that it is necessary in the circumstances of the case to do so.27
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 According to the Plantation Labour Act, 1951, a child (below 14 years) or an
adolescent between 15-18 years cannot be employed for work unless he is certified fit
for work by a surgeon (Section- 26). The certificate of fitness is given by a certifying
surgeon who certified that the person being examined by him is fit to work as a child or
as an adolescent. This Act makes the provisions for education as the responsibility of
the employer (Section- 14) and so is for housing (Section- 15) and medical (Section-
10) and recreational facilities (Section- 13)
The Mines Act, 1952 provides for some more stringent provisions. The Act
prohibits employment of persons (below 18 years) in any mine or part thereof
(Section- 40) and also their presence in any part of the mine above ground where any
operation connected with or incidental to any mining operation is being carried out
(Section- 45). The Act prescribes punishment of fine up to Rs. 500 in case of
employment of persons below 18 years (Section- 68). For contravention of any other
provision of the Act, there is provision of imprisonment up to three months or fine up
to Rs. 1000 or both (Section- 73).
The Merchant Shipping Act, 1958 prohibits employment of children under 15
years in a ship, except in a school ship or training ship; or in ship governed by family
members, or in a home trade ship of less than two hundred tons gross; or in a home
trade ship of less than two hundred tons gross; or where such person to be employed
on nominal wages and will be in the charge of his father or other adult near male
relatives (Section 109).
The Motor Transport Workers Act, 1961 covers every motor transport
undertaking employing 5 or more persons. The Act prohibits employment of persons
under 14 years of age in any capacity in the motor transport undertaking (Section21).
The Beedi and Cigar Workers (Conditions of Employment) Act, 1966 covers
all industrial premises wherein any manufacturing process connected with making of
beedi or cigar or both is being, or is ordinarily carried on with or without the aid of
power. The Act prohibits the employment of children below 14 years in any such
premises (Section 24). The employment of young persons between 14 to 18 years are
prohibited between 7P.M. to 6 A.M.
The National Policy for Children, as adopted on 22nd August, 1974, stands as
the basis of several national policies and programmes initiated in the last few decades
to address the varied needs of children, and is the policy frame for this plan. The policy
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 laid down that the State shall provide adequate services towards children, both before
and after birth and during the growing stages for their full physical, mental and social
development. The policy emphasized the need for the measures of the balanced growth
of children; children shall be protected against neglect, cruelty and exploitation.

Government of India formed the first committee called Gurupadswamy

Committee in 1979 to study the issue of child labour and to suggest measures to tackle
it. The Committee examined the problem in detail and made some far-reaching
recommendations. It observed that as long as poverty continued, it would be difficult to
totally eliminate child labour and hence, any attempt to abolish it through legal recourse
would not be a practical proposition. The Committee felt that in the circumstances, the
only alternative left was to ban child labour in hazardous areas and to regulate and
ameliorate the conditions of work in other areas. It recommended that a multiple
policy approach was required in dealing with the problems of working children.
Based on the recommendations of Gurupadaswamy Committee, the Child
Labour (Prohibition and Regulation) Act, 1986 was enacted. The Act prohibits
employment of children in certain specified hazardous occupations 2 and regulates the
working conditions in the jobs that it permitted, and put greater emphasis on health and
safety standards.
The National Policy on Child Labour, was adopted in August 1987 contains
the action plan for tackling the problem of child labour. It envisaged a legislative
action plan and convergence of general development programmes for benefiting
children wherever possible.
India was party to the Declaration adopted in the World Summit for Children
held in 1990 which adopted goals for the Member Countries to be achieved by 2000.
India acceded to the UN Convention on the Rights of the Child on 11th Dec., 1992 to
reiterate its commitment to the cause of children. The objective of the Convention is to
give every child the right to survival and development in a healthy and congenial
environment. The UN Convention on the Rights of the Child (UNCRC) is the guiding
instrument for implementing all rights for all children up to the age of 18 years. The
2
All occupations related to rail and road transport, bidi (cigarette) making, carpet weaving, cloth printing,
dyeing and weaving, the manufacture of shellac matches, cement, soap, explosives and fireworks, mica
cutting and splitting, tanning, building and construction, factories, plantations and merchant shipping,
come under the banner of hazardous occupations.
13
rights of the child as articulated in the Constitution of India and the CRC should
work in synchrony to ensure all rights to all children. Building on these provisions and
in recognition to India’s commitment to the Millennium Development Goals and the
World Fit for Children, the State shall work to progressively extend these guarantees
and protections to all children.

The Constitution (86th Amendment) Act was notified on 13th December 2002, making
free and compulsory education a Fundamental Right for all children in the age group of
6-14 years.

A National Charter for Children, 2003 emphasizes Government of India’s

commitment to children’s right to survival, health and nutrition, standard of living,
play and leisure, early childhood care, education, protection of the girl child, equality,
life and liberty, name and nationality, freedom of expression, freedom of association
and peaceful assembly, the right to a family and the right to be protected from
economic exploitation.
The National Plan of Action for Children, 2005 emphasizes the role of
Government to ensure all measures and an enabling environment for survival, growth,
development and protection of all children, so that each child can realize his or her
inherent potential and grow up to be a healthy and productive citizen.

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 INCIDENCE OF CHILD LABOUR

In spite of all the development and legislative measures taken to prevent and
regulate, the incidence of child labour has been increasing in the country, including in
the hazardous occupations. It is difficult to estimate how many children are actually
working because many work without pay in assisting their parents or are working for
employers that do not report it to the census. Studies indicate that the burden of
household duties fall largely upon the female child. There are jobs that may jeopardise
a child’s psychological and social growth more than physical growth. In rural areas
girls are responsible for looking after younger siblings, cooking, cleaning, fetching,
and carrying, which releases adults for productive work. Though a domestic job can
involve relatively ‘light’ work. However, long hours of work, and the physical,
psychological and sexual abuse to which the child domestic labourers are exposed
make the work hazardous. Studies show that several domestic servants in India on
average work for twenty hours a day with small intervals (Nazir Ahmad Shah).
These children are engaged in the unorganised sector where the legislative
measures are not implemented. Because of the wide coverage and informal nature of
the unorganised sector, monitoring the same becomes an obstacle. Varandani estimated
that there were nearly 55 million children in India working as bonded labourers in
agriculture, mining, brick-kilns, construction work, fishing activities, carpet weaving,
fireworks, matches, glass moulding, bidi-making (cigarettes), gem-cutting and
polishing work, electroplating, dyeing, washing and domestic work. About 20 percent
of these bonded child labourers were sold to cover some small debts obtained by their
parents, usually for some social celebration like a wedding in the family. (Varandani,G.
p .42.)

The study of Varanasi carpet industry corroborates it. The manufacturers,

weavers and other involved in the industry said that children had nimble fingers and
keen eyesight which are essential for accuracy. They will sit in same posture for hours
at a time and, all they have very little bargaining power. (Kanbargi, 1988).

There are thousands of children who live and work in the city streets of India.
According to a study conducted among the street children in the city of Chennai
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 (Madras), about 90% of them live with their parents in the streets. The same study also
revealed that the largest group of street children in Chennai work as coolies (22%).
About 10.4% of them work in hotels (small restaurants and snack bars), 9.6% do rag
picking, 8% pull rickshaws, and 7.1% sell flowers. A smaller percentage of children
are employed in other areas of work, including prostitution (0.3%). They work for 10-
12 hours a day and at the end of the day what they earn is barely enough for their
survival. About 32% of them receive less than 100 rupees (about 2.5 U.S. dollars) per
month as wages. (Joe Arimpoor, 1992)

A recent ILO report, in India about 80 percent of child labourers are employed
in agriculture and allied occupations. Studies also reveal that about 86 percent of
bonded labour is found in India’s agricultural sector3. They are also mostly the children
of parents who belong to scheduled castes and tribes. According to one study, there are
about 10 million bonded child labourers working as house servants in Indian families.
(UNICEF, 1999)

Among some of the major factor responsible for the institution of child labour
in India, poverty ranks first. Most of the child workers belong to poor, landless and
semi- landless families whose income is otherwise insufficient to keep the family alive.
The children are, therefore, made to work to supplement the meager income of the
family.
Large private entrepreneurs with automatic machines render a large number of
workers jobless. There is major expansion of the unprotected, unorganised labour
force. Unemployment among men, together with increased migration or desertion and
alcoholism among men, has led to an increasing number of women and children
joining the labour force (World Bank, 1991). The disruption of food supplies, the
destruction of crops and agricultural infrastructures, the disintegration of families and
communities, the displacement of populations and the destruction of educational and
health services and of water and sanitation systems, all lead to further exploitation of
the vulnerable children.

3
See "Nobody is free until everybody is free", Anti-slavery reporter, October 1999, p.9
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 CASE LAWS

In Peoples Union for Democratic Rights v. Union of India4, commonly known as

‘Asiad workers case’, it was brought to the notice of the Supreme Court that children
below 14 years of age employed in the construction work. It was held that construction
work is clearly a hazardous occupation and it is absolutely essential that the employment
of children under the age of 14 years must be prohibited in every type of construction
work.

In Labourers, Salal Hydro Project v. State of Jammu and Kashmir 5, The court was
constrained to remark that the problem of child labour is a difficult problem and it is
purely an account of economic reasons that parents often want their children to be
employed in order to be able to make both ends meet. The court said that this is an
economic problem and it cannot be solved merely by legislation.

In Rajangam, Secretary, Dist. Beedi Workers Union v. State of Tamil Nadu and
others6, with K.C. Chandra Segaram v. State of Tamil Nadu and others 7, various
allegations were made regarding failure to implement the provisions of the labour laws
including the child labour and specifically the non-implementation of the Beedi and
Cigar Workers (Conditions of Employment) Act, 1966. To protect child labour, the Apex
Court suggested that “tobacco manufacturing has indeed health hazards. Child labour in
this trade should therefore be prohibited as far as possible and employment of child
labour should be stopped either immediately AND the provisions of the Child Labour
Act, 1986 should be strictly implemented.”

4
AIR 1982 SC 1473: (1982) 3.SCC 235; 1982 SCC ( L & S ) 275.
5
(1983)2 SCC 181; AIR 1984 SC.177.
6
AIR 1993 SC 404; 1993 Lab IC 4
7
AIR 1993
17
In M.C. Mehta v. State of Tamil Nadu and others 8, Judges opined that “the
provisions of Article 45 of Constitution in the Directive Principles of State policy still
remained a far cry and through according to this provision”, all children upto the age of
fourteen years are supposed to be in the school, but economic necessity forces grown-up
children to seek employment. Children can, therefore, be employed in the process of
packing of fireworks but packing should be done in an area away from the place of
manufacture to avoid exposure to accident.
This case also known as ‘Child Labour Abolition Case’ holding that the children below
the age of 14 years cannot be employed in any hazardous industry, mines or other work.

In Sheela Barse v. Union of India9, 110 it was held that child is a national asset, and it is
the duty of the state to look after the child with a view to assuring full development of its
personality. Judicial institutions have played a significant role not only for resolving
disputes but also has always endeavoured to expand and develop the law so as to respond
to the hopes and aspirations of the people who are looking to the judiciary to give life and
content to law.
Bandhua Mukti Morcha v. Union of India and others (II) 10, it was held by the Court
that the State is obliged to render socio-economic justice to the child and provide
facilitates and opportunities for proper development of his personality. It was observed
by the Court that, “The child of today cannot develop to be a responsible and productive
member of tomorrow’s society unless an environment which is conducive to his social
and physical health is assured to him. Neglecting children means loss to society as a
whole. If children are deprived of their childhoodsocially, 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.

In M.C. Mehta and Bandhua Mukti Morcha cases, Supreme Court, of course, delivered
land mark judgments but while observing both the judgments it appears that full scale of
abolition of child labour of all types was not aimed. The court was conscious about
practicality.

8
AIR 1997, SCC 283.
9
(1993) 4 SCC 204
10
(1997) 10 SCC 549
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 WHAT NEEDS TO BE DONE?

Given the magnitude and complexity of the problem and the relative
ineffectiveness of the government, many non-government organizations and
collaborative efforts by the government and non-government agencies are becoming
more prevalent in recent years. Though many organizations are focusing on eradicating
child labour by mobilizing community participation for universal primary education,
there is a common attitude prevailing in our country to accept child labour as an
unavoidable consequence of poverty.
There is a need to formulate a holistic, multi-pronged and concerted effort to
tackle this problem. An integrated approach involving various strategies like poverty
eradication programmes, campaigns, budget advocacy, community action, engaging
institutions of governance for the ultimate attainment of the desired goal.

Poverty Eradication Programmes:

Poverty has an obvious relationship with child labour, and studies have "revealed a
positive correlation - in some instances a strong one- between child labour and such
factors as poverty" (Mehra-Kerpelman 1996, 8). With the growing gap between haves
and have-nots, poverty eradication programmes occupy a central position. The poor
and needy should get their share in the development process. There is need to create
and implement pro-poor, inclusive policies with strong political will. Caste is also an
important determinant on child labour. When analyzing the caste composition of child
labourers Nangia (1987) observes that, "if these figures are compared with the caste
structure of the country, it would be realised that a comparatively higher proportion
of scheduled caste children work at a younger age for their own and their families’
economic support" (p. 116). Scheduled caste (lower caste) children tend to be pushed
into child labour because of their family’s poverty. Nangia (1987) goes on to state that
in his study 63.74% of child labourers said that poverty was the reason they worked
(p. 174).

The combination of poverty and the lack of a social security network form the
basis of the even harsher type of child labour. For the poor, there are few sources of
bank loans, governmental loans or other credit sources, and even if there are sources

19
available, few Indians living in poverty qualify. Here enters the local moneylender, for
an average of two thousand rupees, parents exchange their child’s labour to local
moneylenders (Human Rights Watch 1996, 17). Since the earnings of bonded child
labourers are less than the interest on the loans, these bonded children are forced to
work, while interest on their loans accumulates. A bonded child can only be released
after his/her parents make a lump sum payment, which is extremely difficult for the
poor (Human Rights Watch 1996, 17). Even if bonded child labourers are released,
"the same conditions of poverty that caused the initial debt can cause people to slip
back into bondage" (International Labour Organization 1993, 12).

Even though poverty is cited as the major cause of child labour, it is not the
only determinant. Inadequate schools, lack of schools, or even the expense of
schooling leaves some children with little else to do but work. The attitudes of parents
also contribute to child labour; some parents feel that children should work in order to
develop skills useful in the job market, instead of taking advantage of a formal
education. This abhorred practice is accepted as being necessary for poor families
to earn an income. Thus, an extensive reform process is necessary to eliminate the
proliferation of child labour in India which strives to end the desperate poverty in the
nation. Changing the structure of the workforce and hiring the high number of
currently unemployed adults in greatly improved work conditions is only the first step
in this lengthy process. Emergency relief should give attention to the rehabilitation of
agriculture, live stock and fisheries. New labour standards and wages must be adopted
and medical examinations and minimum nutrition requirements must be established in
India.

Campaign for strict implementation of Legislations:

NGOs and voluntary organisations can do an intensive campaign to spread across the
civil society organisations through networking to draw the attention of the policy
makers, implementators and the community. The organisations working on any issues
should involve in the campaign by putting the problem of child labour on the prime
agenda. The campaign should focus on the effective implementation of the various
legislations. The strategies should be aimed at change at the local, provincial, national
and/or international levels. NGOs can play a pivotal role in the process of
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universalisation of education by adopting innovative approaches to quality education.
Effective implementation of National Rural Employment Guarantee Act (NREGA)
would translate the Right to Work as envisaged in the Article 41 of Indian Constitution
to a statutory legal right. The NREGA heralds a promising era in poverty alleviation.
Poverty is not just income deficiency; the need for enabling environment both physical
and psychological needs to be addressed. The works are necessary for the rural
agriculture economy that has the potential to get this poor deprived community out of
poverty. Hence there is a need to get active during the implementation of the various
legislations.

Budget Advocacy:
The organisations need to take up the issue of budget analysis and advocacy for budget
allocation for the implementation of the policies. Most of the time the policies are
formulated without proper budget allocation which affect the process of
implementation. Budget analysis is an advocacy tool for developing public
understanding on policy priorities of the Government which will have a greater impact
on those who have little political influence (poor and marginalized). It is important to
scrutinize the Government Budgets from the perspective of child development.
Mere analysis of the Budgets alone cannot influence the policy making unless it is
supported by proper public action or advocacy to promote the findings in public
forums so as to influence the common mindset. This would eventually empower the
people to seek Governments’ accountability. It will give widespread information about
the performance of the Government and can also become a ground for creating public
pressure on the issues that affect the children. There is a need to establish a strong
lobby body or platform to work with Government to increase allocation of budget for
children. Coordinated and collective effort from the NGOs and Civil Society
Organizations strengthen the budget allocation for children.
This process would provide a large operative space and public support to the
child labour campaign. 93rd constitutional amendment to the constitution made the
right to education as a fundamental right is an opportunity to strengthen the campaign.
The main motto of the campaign should be to change political attitudes by socializing
the issues of children at the community level.

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Community Action towards Child Education:
There is need to bring about wide spread public awareness towards initiating
community action in promoting school enrolment. Education helps a child to develop
cognitively, emotionally and socially, and needless to say, education is often gravely
reduced by child labour. We need to create a conducive climate in which community
people at large would not tolerate the child labour in any form any more. There is
need to bring about awareness among the poor parents so that they will develop a
willingness to make any sacrifice to get their children educated. It is possible only
when they are convinced about the significance of education. Once the child is released
from labour, the child should be admitted either to formal education or to informal
education depending upon various factors like age, level of understanding. This should
be accompanied with vocational training depending upon their own choice.
Preparation should also be made for sustaining education outside of formal school
buildings, using community facilities and strengthening alternative education through a
variety of community channels. Influence and sensitize the political parties to include
child education and eradication of child labour in their election manifesto. Through
training and capacity building of central care givers, including parents, teachers, and
community health workers, a diversity of programmes can enhance the community’s
ability to provide education to children.

Engaging Institutions of Governance:

The institutions of governance at grass root can monitor the policies, programmes and
laws to ensure protection of children’s interests and rights. Gram Panchayat can play
a responsible role in identification of the projects in the Gram Panchayat areas and
allocate employment opportunities to the needy. It can also ensure child participation
and choice in matters and decisions affecting their lives. There is need to create
community monitoring system through their effective participation in the Gram Sabha.
Strengthening community participation in the whole process by way of conducting
regular social audits of all the programmes is a prerequisite. In doing so they seek
authorities accountable and transparent towards effective implementation of various
government programmes meant for child education and eradication of child labour.

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 CONCLUSIONS AND SUGGESTIONS
Inspite of several legislative measures by enactment of statutory provisions to curb
employment of children in hazardous employment and those injurious to health, the
exploitation of children by different profit makers for their personal gains continued
unabated in utter disregard of constitutional injunction and statutory prohibition. From
the analysis of the relevant statutory provisions of the Indian laws relating to child
labour, it has become abundantly clear that the statutes vary as to the age limit of a child
employed or permitted to work in various occupations. There is no law fixing minimum
age for employment of children in agriculture.
The Factories Act, 1948, fixes minimum age of 14 whereas the International
Labour Organization Convention prescribes minimum age for any employment to be 15.
In the case of plantations, the age of employment has been fixed at 12 years but in the
case of non-industrial employment the minimum age varies from 12 to 14 years.
Thus, Indian Laws relating to child labour are deficient from the international
standards as laid down by the International Labour Organization but even then, they can
be considered satisfactory in view of the prevalent economic conditions of the country.
There is plethora of statutes to prevent the misuse of children in hazardous employment
and to protect the general rights of the children. But sociological studies have revealed
either the ineffective nature of these laws or their blatant violations. In spite of these
legislative enactments and the pro-active role played by various agencies, child labour
continues to be a major problem.
A large number of children are exploited and deprived of what is due to them.
Ironically total laxity prevails the enforcement of the provisions with not much evidence
of conviction. The complete Abolition of child labour and proper regulation thereof in
accordance with the statutory provisions should be the cherished and prime objective of a
civilized society. It is also pertinent to state that the Judiciary played a significant role in
protection of child labours. Many path breaking judgments of the Supreme Court have
done a great deal by expanding the human rights doctrine. It would not be out of place to
mention the historic judgment of the Supreme Court on December, 10, 1996 banning
child labour in non-hazardous industries. The judgment specified the hazardous and the
most dangerous occupations from where child labour should be eliminated. Penalty to the
employer at Rs.20,000/- per child be paid and a corpus to be found through the amount so

23
collected. This was to be spent on education and rehabilitation of the children.
The court also ordered that the working hours of a child labour should not exceed
4-6 hours a day and not less than 2 hours a day should be set aside for the child’s
education. The responsibility for imparting this education is that of the employer.
Judiciary in India played a very significant role in promoting child welfare. It has taken
the lead to save the child from exploitation and improve their conditions. Judicial
mandate clearly demonstrates that right to education is necessary for the proper flowering
of the children and their personality. Thus, the judiciary has always made concrete efforts
to safeguard them against the exploitative tendencies of their employers, by regularizing
their working hours, fixing their wages, laying down rules about their health and medical
facilities. The judiciary has even directed the states that it is their duty to create an
environment where the child workers can have opportunities to grow and develop in a
healthy manner with full dignity in consensus of the mandate of our constitution.

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 BIBLIOGRAPHY

1. Ali, N. (1987), ‘Child Labour in the Carpet Industry of Kashmir’, in Gupta and
Voll.
2. Arimpoor Joe (1992), Child Labour Cell, Street Children of Madras - A
situational Analysis, National Labour Institute, Noida, Ghaziabad. p. 9.

3. Gupta, Manju (1979), Young Hands at Work: Child Labour in India, Atma
Ram & Sons, Delhi/Lucknow.
4. Nangia, P (1987), Child Labour: cause-effect syndrome. New Delhi: Janak
Publishers.
5. Nazir Ahmad Shah, Child Labour in India, p. 99.

6. Stein, E Davis, 1940(Eds) Labour problems in America, F. Forraer & Rinchar.

7. UNICEF (1997), The State of the World’s Children. p. 38.

8. UNICEF(1999), i bambini che lavorano, Rome. p. 11.

9. Varandani G., Child Labour and Women Workers, p. 54.

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10. Weiner, Myron (1991), The Child and the State in India, Oxford University
Press, Delhi.
11. World Bank, (1991), Gender and Poverty in India: A World Bank Country
Study, Washington.

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