LEGAL PRINCIPALS AND NORMATIVE REALITIES –A

STUDY ON CHILDERNS RIGHTS AND CHILD LABOUR IN

INDIA

Submitted By :

Mouneesh S (17040142015)

BBA LLB (HONS)

2017-22

Submitted To :

Prof. Gyanashree Dutta

ALLIANCE SCHOOL OF LAW

Background of the study

Child labour refers to the employment of children in any work that deprives children of their
childhood, interferes with their ability to attend regular school, and that is mentally,
physically, socially or morally dangerous and harmful. Of an estimated 215 child laborers
around the globe: approximately 114 million (53%) are in Asia and the Pacific; 14 million
(7%) live in Latin America; and 65 million (30%) live in sub-Saharan Africa. Global number
of children in child labour has declined by one third since 2000, from 246 million to 168
million children. More than half of them, 85 million, are in hazardous work (down from 171
million in 2000).Asia and the Pacific still has the largest numbers (almost 78 million or 9.3%
of child population), but Sub-Saharan Africa continues to be the region with the highest
incidence of child labour (59 million, over 21%).There are 13 million (8.8%) of children in
child labour in Latin America and the Caribbean and in the Middle East and North Africa
there are 9.2 million (8.4%).Agriculture remains by far the most important sector where child
labourers can be found (98 million, or 59%), but the problems are not negligible in services
(54 million) and industry (12 million) – mostly in the informal economy. Child labour among
girls fell by 40% since 2000, compared to 25%for boys. Child labour in India is addressed by
the Child Labour Act 1986 and National Child Labour project. Today in India, there are more
than 10.12 million children who are spending their childhood learning carpet-weaving, beedi-
rolling, domestic labour, agriculture, firework and apparel manufacture and countless other
occupations instead of going to school and receiving quality education. In this back ground,
the present paper , in Section I, highlights the characteristic and causes for child labour,
Section II, Analyses the Problem of Child Labour in India, bonded child labour,
consequences and exploitation of child labour .Lastly Section III mainly focused on policy
initiatives of government of India to protect child labour.

Review of Literature

S. S. Tiwana, (1995), “Child Labour in India: An Appraisal”, N- 72, analysed the

problem of child labour both at India and global levels. He made an effort to analyse the
constitutional provisions and policy framework relating to child labour in India. He has also
traced the history of child labour in India and examined various resolutions passed by
International Labour Organisation (ILO). He also narrated the various legislative measures
undertaken by the Government of India to curtail the problem of child labour. He also
analysed the role of judiciary against the practice of child labour.

JayantiAlam, (1995), “Child Labour: Compulsory Schooling is the only Solution”,

Mainstream, Vol.XXXIII, No. 16., depicted the pitiable position of child labour in India. He
narrated that 82.82 million children between the age group 6-14 are not in schools because
they are forced to work at home tendering cattle, taking a care of siblings, collecting
firewood, water or even working in the fields or outside cottage industries, small eating
houses, tea-stalls or as domestic worker in middle class houses. Quite often they are doomed
to beg, pick rags, work as bonded labour or even as prostitutes. About 13 to 44 million or
more belong to the latter category of unfortunates. He suggested that compulsory schooling is
a proper solution of child labour in India.

A.R.M Ismail, (1995), “Child Labour in India”, Mainstream, Vol. XXXIII, No. 52,
identified systematic destruction of rural life, menacing spread of urbanization,
commercialization of education and drastic cut in the budgetary allocation towards various
poverty alleviation schemes as the main factors behind the alarming spread of child labour in
India. He also said that India has come to acquire hasty distinction of possessing the largest
child labour force in the world, despite various measures undertaken by government and non
governmental agencies to tackle the exploitation of children.

Umesh Chandra Sahoo, (1996), “Child Labour Dimensions in India: An Appraisal”, New
Delhi, analysed that invariably, backwardness and poverty are considered as the driving
forces for the employment of children. Illiteracy, low social status, lack of schooling facilities
is the reasons to reinforce and stimulate employment of children. It is no wonder then that the
legislative measures have remained more or less ineffective, except perhaps in organized
industries. He found that the “political will” is strongly biased in favour of the proprietary
classes. So long as, the masses are inert and unorganized, the ruling coalition will try to gain
at their expenses

T.N. Kitchlu, (1996), Exploited Child: Perspective, Deep and Deep Publication, New Delhi,
established the fact that sociocultural factors have a decisive part to play in perpetuation of
child labour. He suggested that this problem can be tackled through a concerted drive, aimed
at awareness generation, public education, adult literacy etc.
K.N. Bhatt, (2000), “Eliminating Child Labour through Primary Education: The Indian
Scenario”, Mainstream, XXXVIII, No. 49, analysed the role of primary education in
eliminating child labour. He highlighted the socio-economic factors responsible for the
existence of a large number of working children in the country. He tried to find out why India
has utterly failed to fulfill our constitutional obligation to provide free and compulsory
education to every child up to age of 14 years. He did an attempt to show how it affects the
problem of child labour. He concluded that there is no alternative to free, compulsory and
quality primary education to eliminate child labour. He ensured the right of each child to
education without any further delay. In the end he gave concrete suggestions to combat the
problem of child labour in India.

Research question

Is there any significant impact after the implementation of the enforcement of legislative
provisions for child labour.

Research problem

The status of the child labour and the thoughts of the people regarding the child labour
legislations.

Hypothesis

India does have child labour laws and even ratified their constitution several times but, due to
economic instability child labour practices are still accepted all over the country.

Research methodology

In this paper the researcher mainly opted for doctrinal research methodology and the source
are collected under through secondary data.
Tentative chapterization

 CHAPTER 1. INTRODUCTION
 CHAPTER 2. CAUSES FOR CHILD LABOUR
 CHAPTER 3. CONSEQUENCES OF CHILD LABOUR

 CHAPTER 4. CHILD LABOUR AND EXPLOITATION

 CHAPTER 5. LEGISLATION FOR CHILD LABOUR IN INDIA
 CHAPTER 6. RECOMMENDATIONS
 CHAPTER 7. CONCLUSION
 CHAPTER 8. BIBLIOGRAPHY
INTRODUCTION

Child labour refers to the employment of children in any work that deprives children of their
childhood, interferes with their ability to attend regular school, and that is mentally,
physically, socially or morally dangerous and harmful. This practice is considered
exploitative by many international. Legislations across the world prohibit child labour. These
laws do not consider all work by children as child labour; exceptions include work by child
artists, supervised training, certain categories of work such as those by Amish children, some
forms of child work common among indigenous American children, and others. Child labour
in India is addressed by the Child Labour Act 1986 and National Child Labour project. Today
in India, there are more than after 10.12 million children who are spending their childhood
learning carpet-weaving, beedi-rolling, domestic labour, agriculture, firework and apparel
manufacture and countless other occupations instead of going to school and receiving quality
education. Child labor is work that harms children or keeps them from attending school.
Around the world and in the U. S., growing gaps between rich and poor in recent decades
have forced millions of young children out of school and into work. The International Labor
Organization estimates that 215 million children between the ages of 5 and 17 currently work
under conditions that are considered illegal, hazardous, or extremely exploitative. Underage
children work at all sorts of jobs around the world, usually because they and their families are
extremely poor. Large numbers of children work in commercial agriculture, fishing,
manufacturing, mining, and domestic service. Some children work in illicit activities like the
drug trade and prostitution or other traumatic activities such as serving as soldiers.

CAUSES FOR CHILD LABOUR

I. Primary causes: International Labour Organisation (ILO) suggests poverty is the

greatest single cause behind child labour. For impoverished households, income
from a child's work is usually crucial for his or her own survival or for that of the
household. Income from working children, even if small, may be between 25 to
40% of the household income. Other scholars such as Harsch on African child
labour, and Edmonds and Pavcnik on global child labour have reached the same
conclusion. Lack of meaningful alternatives, such as affordable schools and
quality education, according to ILO, is another major factor driving children to
harmful labour. Children work because they have nothing better to do. Many
 communities, particularly rural areas where between 60–70% of child labour is
prevalent, 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
worth it.
II. Cultural causes : In European history when child labour was common, as well as
in contemporary child labour of modern world, certain cultural beliefs have
rationalized child labour and thereby encouraged it. Some view that work is good
for the character-building and skill development of children. In many cultures,
particular where informal economy and small household businesses thrive, the
cultural tradition is that children follow in their parents' footsteps; child labour
then is a means to learn and practice that trade from a very early age. Similarly, in
many cultures the education of girls is less valued or girls are simply not expected
to need formal schooling, and these girls pushed into child labour such as
providing domestic services. Child labour in Brazil, leaving after collecting
recyclables from a landfill. Agriculture deploys 70% of the world's child labour.

III. Macroeconomic causes: 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 is amongst
the causes of the demand side. Other scholars too suggest that inflexible labour
market, size of informal economy, inability of industries to scale up and lack of
modern manufacturing technologies are major macroeconomic factors affecting
demand and acceptability of child labour. Other causes are;

a). have or increase the income of a poor family

b).To reduce the labor cost in a production organization

c). reasons for engaging as domestic aid as the children are less doubtful about dishonesty or
less liable to misbehave or be violent.

CONSEQUENCES OF CHILD LABOUR

The presence of a large number of child labourers is regarded as a serious issue in terms of
economic welfare. Children who work fail to get necessary education. They do not get the
opportunity to develop physically, intellectually, emotionally and psychologically. In terms
of the physical condition of children, children are not ready for long monotous work because
they become exhausted more quickly than adults. This reduces their physical conditions and
makes the children more vulnerable to disease. Children in hazardous working conditions are
even in worse condition. Children who work, instead of going to school, will remain illiterate
which limit their ability to contribute to their own well being as well as to community they
live in.

Child labour has long term adverse effects for India. To keep an economy prospering; a vital
criterion is to have an educated workforce equipped with relevant skills for the needs of the
industries. The young labourers today will be part of India’s human capital tomorrow. Child
labour undoubtedly results in a trade-off with human capital accumulation. Child labour in
India are employed with the majority (70%) in agriculture some in low-skilled labour-
intensive sectors such as sari weaving or as domestic helpers, which require neither formal
education nor training, but some in heavy industry such as coal mining. According to the
International Labour Organisation (ILO), there are tremendous economic benefits for
developing nations by sending children to school instead of work. Without education,
children do not gain the necessary skills such as English literacy and technical aptitude that
will increase their productivity to enable them to secure higher-skilled jobs in future with
higher wages that will lift them out of poverty.

CHILD LABOUR AND EXPLOITATION

Nearly a quarter of a million children, or 16 out of every 100 children worldwide, are
engaged in exploitative child labour in violation of Convention on the Rights of the Child and
international labour standards. Almost three-quarters of them work in hazardous
environments, such as mines or factories, or with dangerous substances, such as chemicals.
The majority of child labourers are invisible hidden from sight and behind the reach of the
law. Many of these children are not only being exploited, they are often being denied
education, basic health care, adequate nutrition, leisure time and the safety and security of
their families and communities. In general, girls' domestic work is the most invisible of all
and there is some evidence that girls may constitute the majority of child workers. UNICEF
regards education as a powerful means of preventing child labour. Children who are in school
are at less risk of exploitation. Conversely, children who are working and have an opportunity
to learn are in a better position to improve their situation. Since 1986 UNICEF has sponsored
an inter-regional programme called "Education as a Preventive Strategy, which seeks to
respond to three main challenges:
 Access. Getting working children into the classroom. Strategies to achieve this
include early childhood programmes, distance learning, bilingual education and
flexible scheduling of classes, so that children who are working can also attend
school.
 Second chance opportunities. Getting working children in school often requires
transitional arrangements, including non-formal education and accelerated classes.
 Retention. Keeping children at risk of dropping out because of economic, cultural
and social reasons, in school. Interventions include financial incentives to families,
and improving the quality of education by integrating life skills and livelihood
components.

Project Chiragh, supported by UNCEF and other partners, uses education as a lever to
support children and their families who depend on this trade. Raising awareness about the
dangers of child labour and the value of education is carried out through street plays, door-to-
door canvassing, folk songs, dances and magic and video shows. Following such campaigns,
children between the ages of six and 14, especially girls in hard-to-reach areas, are
encouraged to attend Alternative Learning Centers after work, as a stepping stone to formal
education. In Benin, children from impoverished families are often sent to urban areas to
become domestic workers or to find employment in other areas. Some of these children are
illegally trafficked‖ within and between countries. The lucky ones are intercepted at border
crossings and sent home. Others, mostly the poorest children with the lowest levels of
education, slip through the cracks. To prevent this from happening in the first place, UNICEF
sponsored training for 170 village committees in Benin in subjects including child labour,
child trafficking and child rights. Committee members, in turn, alerted parents to the dangers
of trafficking and of the value of education. Radio broadcasts and TV spots many of which
were produced with or by children also helped to spread the word. As a result, trafficking of
children in areas governed by village committees has declined dramatically over the last three
years, in part because of vigilant monitoring and surveillance efforts by committee member’s
themselves. In Lebanon, 128 teachers and school advisers were trained in counseling
techniques to identify potential dropouts and to keep them in school. While most children in
that country attend primary school, dropout rates for secondary school tend to be high in
northern and southern regions and in the Bequaa Valley. The sentinel system programme has
been so successful that a similar training module for teachers will be integrated into the pre-
service training of all teachers in Lebanon. Another aspect of the programme provided second
chance vocational training for children 14 to 18 years old. Through the project, vocational
instructors from private and public schools and social workers linked children in training with
employment opportunities in their communities.

LEGISLATION FOR CHILD LABOUR IN INDIA

The first protective legislation for child labour in India was seen in 1881 in the form of 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

Government Initiatives in India Legislation, Policy, Programmes and other Interventions The
Constitutional guarantees are reflected in the policies, plans, laws and schemes on child
labour. As per Article 24 of the Constitution, no child below the age of 14 years is to be
employed in any factory, mine or any hazardous employment. Further, Article 39 requires the
States to direct its policy towards ensuring that the tender age of children is not abused and
that they are not forced by economic necessity to enter avocations unsuited to their age or
strength. Recently, with the insertion of Article 21A, the State has been entrusted with the
task of providing free and compulsory education to all the children in the age group of 6-14
years. 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).
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

The three components stated in the National Policy on Child Labour are: (a) Legislative
Action Plan emphasizing strict and effective enforcement of legal provisions relating to Child
Labour, (b) Focus on General Development Programmes for benefiting children and their
families, and (c) Project-based Plan of Action focusing on areas with high concentration of
child labour through implementation of National Child Labour Project. To address the
demand and supply factors including cheap and docile labour, poverty, illiteracy,
indebtedness, unemployment and landlessness, that contribute to the prevalence of child
labour, Government of India follows a multipronged strategy which involves strong
enforcement of legal provisions relating to child labour with simultaneous efforts towards
rehabilitation of children and by making efforts of raising the income levels of parents
through linkages with the employment and income generation programmes and other poverty
alleviation programmes of the Government.
With the objective to implement the multi-pronged strategy the National Child Labour
Project (NCLP) was first initiated in 1988, as a part of a larger Plan of Action arising out of
the National Child Labour Policy. The National Child Labour Project has been strengthened
by several major initiatives at national,state and district level in the country aiming at
elimination of child labour. The main thrust of this scheme has been to reduce the incidence
of child labour in the pockets of their concentration. Providing education through special
schools and subsequently bringing them in regular schools are the major activities under the
NCLP at the ground level. The working children are identified through surveys conducted by
the independent agencies, and inspections conducted by the Labour Department. On the basis
of their reports, children are withdrawn from labour force. These children are enrolled in the
special schools which provide formal/non-formal education, vocational training,
supplementary nutrition, monthly stipend, regular health check-up, etc., and are subsequently
mainstreamed in formal education or selfemployment within a period of six months to three
years of their enrolment in the special schools.

Though there are these many legislation made by the government to reduce the child labour
in India Statistics show that the number of child workers has gone up from 1.128 cr. in 1991
to 1.266 cr. in 2001. According to data from Census 2011, the number of child labourers in
India is 1.01cr of which 0.56 cr are boys and 0.45 cr are girls.

RECOMMENDATIONS

In world economies where child labour has been eradicated, multi-pronged strategies were
used. Stringent laws were made making child labour illegal. Also the educational system was
strengthened so that children removed from work could go to school.

1. A New Definition of Child Labour An analysis of the situation of child labour in India
shows that children are working in different sectors across the country. Given the varied
situations in which children are working, strategies for the elimination of child labour need to
be inclusive and nonnegotiable. One of the most important change that is needed is removal
of the artificial distinction between ‘child labour’ and ‘child work’.

2. Amendment to the Child Labour (Prohibition & Regulation) Act 1986 Enforcement of the
law is a key strategy. But in the case of the Child Labour (Prohibition and Regulation) Act
1986, there are a number of loopholes, which makes the law ineffective. The Act must be
non-negotiable and to do so it is suggested that the word “Regulation” should be removed so
that child labour abolition becomes non-negotiable. Similarly the penal provisions must be
enhanced, employment of child labour must be deemed as a cognisable offence with
imprisonment to the offending employer. So that a clear message is given that child labour
will not be accepted.

3. A New Policy for Child Labour A lot of changes have been done since the child labour
policy 1986. But a further relook of all the laws and policies is urgently needed. Consistency
in the constitutional and legal provisions pertaining to children’s rights is critical and
required.

4. National Child Labour Programme (NCLP) Transitional Education Centres The current
National Child Labour Programme (NCLP) needs to be revamped. NCLP schools must be
converted into Transitional Education Centres (TECs) which are both non-residential and
residential. It is very important that the guidelines for TECs are very flexible, adapting to the
local situation. It is envisaged that 45 lakh children would be benefited by this arrangement.
It was envisaged in the 11th plan that 3 lakh children would benefit from this.

5. Migrant children The NCLP needs to recognize the special situation of migrant child
labourers. These could be children who have run away from home or children who migrate
seasonally with their families. Given the extent of intra-state migration, educational centers
have to be strengthened and the involvement of the local NGOs has to be done.

6. Social Mobilisation Given that eradication of child labour is not an easy task, preventive
strategies are more sustainable in the long run. One of the major preventive strategies, which
must feature in any national child labour eradication policy, is the role of social mobilization
and community participation. It is vital to ensure that children stay at home and go to formal
schools rather than leave home to work full time. There has to be a national campaign to
invoke public interest and large-scale awareness on this issue, there is a need for an extensive
awareness generation campaign launched over a period of time at the Centre and State level
on a sustained basis. Required budgetary provisions for such a mass campaign must be
provided by the government.

7. Survey of child labour It is necessary that the government commissions research and
surveys on different aspects of child labour in the country. This is important as to effectively
abolish child labour it is necessary to remove the artificial distinction between ‘child labour’
and ‘child work’.

CONCLUSION

Children of the nation are supremely important asset. Children‟s programs should find a
prominent part in our national plans for the development of human resources. So that our
children grow up to become robust citizen, physically and mentally fit, and morally healthy;
endowed with the skills and motivations needed by the society.

Child labour is a significant problem in India. The prevalence of it is shown by the child work
participation rates which are higher in Indian than in other developing countries. Equal
opportunities for development to all children during the period of growth should be our aim.
For this purpose even we citizen should join hands with government and other institutions
which are set up for this purpose.

Educating the child can be a solution for solving the problem of child labour. To provide
compulsory primary education and in order to reduce the burden on parents to meet the
expenditure for their children‟s education, while they are struggling for a day‟s meal, our
Government had allotted funds. But due to the lack of awareness most of the poor families
are not availing these facilities. So, proper steps have to be taken to create awareness.

Child labour cannot be eliminated by focusing on one determinant, for example education, or
by brute enforcement of child labour laws. The government of India must ensure that the
needs of the poor are filled before attacking child labour. If poverty is addressed, the need for
child labour will automatically diminish. No matter how hard India tries, child labour always
will exist until the need for it is removed.

The development of India as a nation is being hampered by child labour. Children are
growing up illiterate because they have been working and not attending school. A cycle of
poverty is formed and the need for child labour is reborn after every generation. India needs
to address the situation by tackling the underlying causes of child labour through
governmental policies and the enforcement of these policies. Only then will India succeed in
the fight against child labour.

BIBLIOGRAPHY

Primary sources
1. Child Labour in India – Rights, Welfare and Protection by Dipak Das, 2011
2. S. S. Tiwana, (1995), “Child Labour in India: An Appraisal”, N- 72
3. JayantiAlam, (1995), “Child Labour: Compulsory Schooling is the
4. only Solution”, Mainstream, Vol. XXXIII, No. 16.,
5. A.R.M Ismail, (1995), “Child Labour in India”, Mainstream, Vol. XXXIII, No. 52,
6. Umesh Chandra Sahoo, (1996), “Child Labour Dimensions in India
7. T.N. Kitchlu, (1996), Exploited Child
8. Helen R. Sekar, (1997), “Child Labour Legislation in India
9. P.L. Mehta and S.S. Jaswal , (1997), “Child Labour and the Law”,
10. Deep and Deep Publications, New Delhi,

External Links

1. www.Censusindia.guv.in
2. http://planningcommission.gov.in/reports/sereport/ser/ser_nclp1709. pdf
3. http://labour.gov.in/sites/default/files/Revised%20NCLP%20Guidelines%20from
%2001.04.2016.pdf
4. http://labour.gov.in/schemes/national-child-labour-projectscheme
5. http://labour.gov.in/childlabour/nclp
6. https://www.unicef.org/lac/full_tex(3).pdf