Term Paper

st
1 Semester-2017
Topic: Elimination of Child Labour in Bangladesh

Course name:English for Law &Interpretation of Statutes

Course code:Law-1103

Submitted To:
Abu Bakar Siddique
Lecturar & coordinator(LLM-Professionals)
Department of Law
Faculty of Security and Strategic Studies (FSSS)
Bangladesh University of Professionals (BUP)

Submitted By:

Name: Tanjina Islam

Program:LL.B (Hons)
Class ID:18421111
Section:A

Date of Submission: 17.04.2018

 Table of Contents
Name of the Topic Page No.

Abstract 1

Introduction 2

Definition of Child Labour 3-4

Key Statistics of Child Labourin Bangladesh 4

Background of Child Labour 5-6

Causes of Child Labour 6-7

Problems of Child Labour 8

Important Steps for Eliminating Child Labour 9-11

Conclusion 11-12

Reference 13
 Abstract

This study tries to present the socio-economic scenario of child labour in Bangladesh which has
in recent times attracted concerted attention not only in Bangladesh but also all over the globe.
Indeed, child labour is recognised as a considerable part of the existing labour market and by the
present write-up this statement has been upheld through a number of case studies. There is no
question as regards the indispensability of elimination of child labour from the society but
question arises whether it would bring good for any particular society (such as Bangladesh).
Child labour problem is a socio-economic reality in the country which can’t be ignored. Hence
steps have to be taken at first to decrease child labour gradually rather removing it diametrically
from the society. It should be remembered that if child labour is driven out just now from the
country, then that would jeopardize the child labourers who earn their own bread or for the
families who depend on the child workers. This article attempts to search out the ways how child
labour can be decreased gradually and at the end of the paper these ways have been presented as
suggestions or recommendations.
 Introduction

Child labour in Bangladesh is common, with 4.7 million or 12.6% of children aged Employment
ranges from jobs in the informal sector such as in agriculture and domestic service, to jobs in the
formal sector, such as in the garment industry. In 2006, Bangladesh passed a Labour Law setting
the minimum legal age for employment as 14. Nevertheless, the enforcement of such labour laws
is virtually impossible in Bangladesh because 93% of child labourer’s are employed in the
informal sector such as small factories and workshops, on the street, in home-based businesses
and domestic employment.

Despite the prevalence of child labour in Bangladesh, there has been an increase in legislation
against child labour. Bangladesh has ratified, the ILO Worst Forms of Child Labour
Convention (C182). In addition, the country also ratified the UN Convention on the Rights of the
Child.

5 to 14 in the work force. Out of the child labourers engaged in the work force, 83% are
employed in rural areas and 17% are employed in urban areas.
 Definitions of Child Labour

The definition of child labour varies depending on region, culture, organization, and government.
The Western perspective portrays childhood as a carefree stage of life in which a person does not
possess the capacity to be an adult. Although there is no universal definition for child labour,
various organizations have defined child labour and its parameters.

Child labour is work that exceeds a minimum number of hours, depending on the age of a child
and on the type of work. Such work is considered harmful to the child and should therefore be
eliminated.

 Ages 5-11: At least one hour of economic work or 28 hours of domestic work per week.

 Ages 12-14: At least 14 hours of economic work or 28 hours of domestic work per week.

 Ages 15-17: At least 43 hours of economic or domestic work per week.

The International Labour Organization's (ILO) Minimum Age Convention 138 states that at age
12 a child is allowed to light work in non-hazardous situations and at age 15 a child is allowed to
enter the work force. The ILO defines child labour as "work that exceeds a minimum number of
hours, depending on the age of a child and on the type of work." The ILO also has three
categories pertaining to children in work: economically active children, child labour, and
hazardous work. Children can be categorised as economically active if they are involved in work
outside of school or the home at least one hour once every seven days. Children can be
categorised as performing child labour if they are under the age of 12 or performing hazardous
work. Children are categorised as performing hazardous work if they are involved in activities
that may harm their physical, mental, or developmental health or safety.

The United Nations Children's Fund (UNICEF) defines child labour as any activity that affects a
child's health and education. Its definition also states that child labour is work that leads to
deprivation of childhood activities, exploitation and abuse. [not in citation given]
The International Programme on the Elimination of Child Labour (IPEC) defines employment
and economically active children as "paid and unpaid work in the formal and nonformal sectors
of rural and urban areas." This definition excludes children working in their own households.

The Bangladesh Bureau of Statistics considers children aged 5–14 who work for one or more
hours (per week) in both paid and unpaid settings to be child workers. For children older than 10,
any economic activity is considered a form a child labour. This includes work both inside and
outside of the household setting.

Key Statistics of Child Labourin Bangladesh

 Background of Child Labour

Social norms and economic realities mean that child labour is widely accepted and very common
in Bangladesh. Many families rely on the income generated by their children for survival, so
child labour is often highly valued. Additionally, employers often prefer to employ children
because they are cheaper and considered to be more compliant and obedient than adults.

When children are forced to work, they are often denied their rights to education, leisure and
play. They are also exposed to situations that make them vulnerable to trafficking, abuse,
violence and exploitation. Millions of children are reported not to attend school; however,
estimates vary. Among children aged 5-14, about five million, are economically active. “Child
labour” is a narrower concept than “working children”. According to the International Labour
Organisation definition (right), there are about 3.2 million child labourers in Bangladesh1.

Certain groups of children are more likely to work than others, for instance boys comprise about
three-quarters of all working children. In slums almost one in five children aged 5-14 are child
labourers, and of these, only 25 per cent attend school2. Rapid urbanisation means that more
children will move into urban slums and be compelled to work. Child employment rates increase
with age, but even about two per cent of five-year-old’s and three per cent of six-year-olds work.

Child labour is a visible part of everyday life in Bangladesh: young children serve at roadside tea
stalls, and weave between cars selling goods to motorists. Other children work in jobs that are
hidden from view, such as domestic work, which makes monitoring and regulation difficult. On
average, children work 28 hours a week and earn 222 taka (3.3 USD) a week.

Many of the jobs that children in Bangladesh perform are considered „hazardous‟, and put their
physical and mental development at risk. The UN Committee on the Rights of the Child
expressed concern in 2009 that many Bangladeshi children continue to work in five of the worst
forms of child labour, namely welding, auto workshops, road transport, battery recharging and
tobacco factories5. The Committee also raised concerns about the lack of mechanisms to enforce
child labour laws or monitor working conditions, and insufficient public awareness about the
negative effects of child labour.

Causes of child labor

Bangladesh is an economically poor country. Most of the people live in below poverty line and
incase of high density all kinds of basic need are not able to meet anybody. The following reason
is very much important

Poverty and family size

In Bangladesh the average family size is six persons. In families where children work, the father
often works as either a rickshaw puller or day laborer and the mother as a domestic help. 
Poverty leads to quarrels; tension and can ultimately result in cruel treatment of children. The
mother, being over burdened with work, can lose interest in her children and neglect them. 56%
per cent of people of Bangladesh are landless. They either work on the land of others on a
contract basis, or become floating labor moving from place to place. Without a stable income the
children become a burden to parents and must find work for their own survival.

Victims of migration

In general, neglected children migrate to big cities with their families or alone. Often they must
beg or drift on the streets in order to earn a living and will consider any work that helps them
survive.

Illiteracy & Ignorance

Many parents of working children are illiterate and unskilled with little prospect of being able to
improve their situation. There is a lack of faith in the existing education system as it does not
necessarily lead to employment. Many poor parents feel that it is better for their children to learn
by working rather than sending them to school. 

Child labor law and rights

In practice, child labor laws in Bangladesh do not protect working children. Employers prefer
children as they are cheap, productive and obedient. Children working in the industrial sector
have no contract of employment and so find it difficult to stand up for themselves and fight for
their rights. The demand by factories for child laborers is increasing all the time.

Family breakdown

Migration of families, broken families, parental abuse and abandonment, all lead to child labor.

Natural calamities

Floods, land erosion, cyclones etc., have a devastating effect on many area of Bangladesh every
year. This further increases the pressures on poor families and leads to many new children
entering the labor force. 

 Status of living place

The children with disabilities engaged and at risk to be engaged with child labor interviewed are
living in different places in different situations including on the street. 7 with families and 3
children do not have families and any shelter for stay at night. (Source: Alam et.l, December
2009).

Forms or types of child labour:

          The many manifestations of child labour can be brown down into seven main types these
are-

1. Domestic service
2. Forced and Bonded labour
3. Commercial sexual exploitation
4. Industrial and plantation work
5. Street work
6. Work for the family
7. Girls work
 Problems of child labour

 Taking a look at the reality of the lives of working children reveals both the dangers for children
and the potential negative consequences of child labour to the development process. Working
long hours with heavy and dangerous equipment, lack of nutritious food, lack of access to
education and recreation, regular verbal and physical abuse and exploitation at their work place
and sometimes by their family, and regular injury hinder their physical and psychological
growth.5 Clearly, such conditions impede a child’s development to a human being that is capable
of using its potentials for his/her own or the society’s well-being. Ultimately, lack of education
hampers the opportunities of working children to find well-paid jobs later in life and due to
health problems working children often lose their employment capability in a very early age.6
Children used in child labour come from already poor families; furthermore these conditions are
highly likely to perpetuate poverty for their own families. Apart from being a severe human
rights issue specific to children, child labour impedes the realization of the Millennium
Development Goals (MDGs), in particular MDG 2, concerning universal primary education, as
working hours decrease the time available for education and ultimately increase the likelihood of
early school drop-outs.7 Eliminating child labour and ensuring education for children is also
associated with significant economic gains for developing countries. According to an ILO study,
estimated economic gains of USD 5 trillion over a 20 year period as well as other externalities
such as higher rates of innovation, productivity, faster introduction of new technology and
economic competitiveness could accrue if countries were to invest in good quality education for
all.8 Any policy that addresses child labour, however, would need to start with a clear
definition of what constitutes child labour
Important Steps for eliminating Child
Labour In Bangladesh
Government initiative to prohibit the child labor:

The govt. has taken many kinds of initiatives. The legislator passed law in our parliament that
below 18 years are consider as a child. The primary education is completely bound to every
child. In this case Govt. has given free tuition fee up to primary level to all and up to HSC for
female. Another initiative is “upabitte” System.

The child labor is totally prohibited. But it is contentious. Child labor is prohibited in Bangladesh
under the Employment of Children Act, 1938; The Children (Pledging of Labor) Act, 1933; The
Factories Act, 1965; The Plantations Labor Ordinance, 1962 and The Shops and Establishment
Act, 1965

Legislation in Bangladesh

The Employment of Children Act 1938

This act allowed for children aged 15 or up to work in the railway industry and in transporting
goods in port jobs. It also allowed for children aged 15–17 to work night shifts that may last until
the morning under certain stipulations such as resting for 13 consecutive hours, working under
someone that is 18 years or older, or serving an apprenticeship. It prohibited children under 12
from working in hazardous industries but did not mention protection for children between the
ages 12–18.[5]
The Factories Act 1965

This act prohibited children under 14 to work in or be present in factories. Factories was defined
as any place with more than 10 people employed. It also listed various protections for children
from hazardous machines and operations. It prohibited any work duration of longer than 5 hours
between 7pm to 7am. It also states the weight lifting limits for types of workers (male, female,
child).[5]

Shops and Establishment Act 1965

This act defined a shop or establishment as a place that employs 5 or more people. This act

prohibited children under the age of 12 from working in any establishment. It allowed children
aged 12–18 to work in establishments but limited the number of work hours to a maximum of 7
hours a day.[5]

The Constitution of the People's Republic of Bangladesh

The Constitution of Bangladesh while guaranteeing the fundamental rights for the people

prohibits all forms of forced labor under Article 34. Article 34 lays down that 'all forms of forced
labor are prohibited and any contravention of this provision shall be an offense punishable in
accordance with law'.

The Children Act 2013

The Children Act 2013 repealed the previous Children Act 1974 which was inconsistent with
international standards particularly with the UN Convention on the Rights of the Child 1989.
Section 4 of this Act provides that notwithstanding anything contained in any other law for the
time being in force every person shall be deemed to be a child who is below the age of 18 years.
Though there is no specific provision prohibiting child labor it proscribes and punishes some
serious offenses against children including exploitation of children (section 80).
The follow steps can be taken to eliminate child labour in the society:

1. A new convention of child labour.

2. Time bound programme of action to eliminate child labour.
3. Immediate suppression of extreme forms of child labour.
4. Prohibition of work for the very young (under 12 or 13 years) and special protection for
girls.
5. Rehabilitation to ensure permanent removed from hazardous work.
6. Preventive measures.
7. Designation of national authority responsible for the child.
8.  Making crime against a child anywhere a crime every where.
9. Increase financial aid to fight against child labour.
10. The compulsory primary education program will have to be effective.

What we can are taking steps to reduce the exploitative nature of child domestic work and
providing them the opportunity to attain the minimum level of education and skill development
for better employment in future.

Conclusion

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Children are the future hope of a nation. Therefore, if they are exploited at a very early age, they
would not be able to contribute to the country and would hamper progress. Moreover, children
consistently expressed their concerns about the absence of a safe environment, which leads to
violence, abuse and exploitation within the family, community, street, work place, and school, in
state and non-state institutions and also in the justice system. The current governance deficit in
Bangladesh has further aggravated the situation because the duty bearers such as lawmakers,
executives, police, probation officers, and even judges remain insensitive to children's rights and
fail to provide protection, special care and treatment. In recent years, however, child rights have
featured increasingly in policy debates and discussions amongst government officials and NGOs.
News reports on violence and torture against children in the print media and in the private TV
channels have Bangladesh e-Journal of Sociology. Volume 10 Number 1, January 2013. 171
increased. Many organizations are also working to sensitize the public so that there is increased
awareness of child rights. It is necessary to mention here that the government is committed to
protect the child but it lacks depth of understanding and consistent planning. That’s why action at
the national level is needed now, as timely taken steps can only bring positive impact on
decreasing or elimination of child labour from all tiers of the society. But in case of taking action
in full conformity with reality, all the factors such as, economic, social, political, cultural have to
be taken into consideration. Further, it is not proper in the context of existing social system to
refrain children from work which only breeds poverty, rather initiatives have to be taken at first
to keep them away from exploitative and dangerous works and to provide appointment letter,
identity card to ensure the payment of their due wages and other rights as workers, which other
adult workers enjoy, has to be ascertained. In this case we have to pay serious attention to the
working children so that they could finish the basic schooling beside light work. Moreover, child
sensitivity approach has to be strong along with adopting multiplier measures. But the good news
is that child labour problem has attracted a large concerted attention in recent times and the
government, NGOs and some private organizations are, though less than needed, working with a
view to solving the problem and consequently the rate of child labour has decreased in a little.
Further, Bangladesh is a signatory to, and has ratified, most of the major international
conventions related to children, except for the ILO Minimum Age Convention (No.138). Again,
it has introduced a number of policies and plans over the years intended to reduce or eliminate
child labour.
 The Constitution of Bangladesh and the Children’s Act 1974 guarantees basic and fundamental
human rights and ensures affirmative action for children. These rights are the guiding principles
for formulating policies and laws relating to child development. In conclusion we earnestly hope
that as Bangladesh is one of the earliest signatories of the Convention on the Rights of the Child.

References

1. Book:
1. Dr. Zulfiquar Ahmed, Shams publications (seventh edition, 2016), 176

2. Lecture on Labour laws of Bangladesh ny Md. Mahbubur Rahman

2. Acts:
1. The Bangladesh Labour Act 2006

2. Bangladesh Children’s Act 2013

3.Article:
1. Government of Bangladesh Bureau of Statistics. Baseline Survey for Determining
Hazardous Child Labor Sectors in Bangladesh, 2005. Dhaka; July 2006.

2. Government of Bangladesh. List of Hazardous Occupations and Working

Conditions for Children. Dhaka; 2011.

3. Bangladesh Bureau of Statistics. Working Children in Dry Fish Industry in

Bangladesh. Dhaka; December 2011.

4. Bangladesh e-Journal of Sociology. Volume 10 Number 1, January 2013 .

4.Website

1 /bangladeshsociology.org.

2. http://www.assignmentpoint.com

3.https://en.wikipedia.org/wiki/Child_labour_in_Bangladesh