Child Labour Law Amendment: Applying the Brakes on Social Mobility

Author(s): ALEX GEORGE and SAMEET PANDA

Source: Economic and Political Weekly, Vol. 50, No. 38 (SEPTEMBER 19, 2015), pp. 16-19
Published by: Economic and Political Weekly
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commentary;
the subtitle Ground Work for a New Economics.
What two medical doctors who spent 50 person
years of research on how equality is important
for human progress and survival concluded is
quoted below to give a taste of the views of
non-economists on the issue.
"The efficiency of the market economy seems to
prove that greed and avarice are, as economic
theory assumes, the overriding human motiva
tions. Even the burden of crime appears to spring
from the difficulty of stopping people breaking
the rules to satisfy selfish desires. Signs of a car
ing, sharing human nature seem thin on the
ground" (Wilkinson and Pickett 2010:199).
Needless to say, good research depends not on
quantity but on the methodological rigour,
quality of reasoning, and the type of evidence
deployed.
It is instructive to recall WDR 1990 on Poverty
where the concept is exemplified by the case of
"three poor families"—one a subsistence farmer
household in Ghana, a poor urban household
in Peru and a landless labour household in
Bangladesh. The worst form of poverty is illus
trated by a young household in Guinea, which
Child Labour Law Amendment
Applying the Brakes on Social Mobility
ALEX GEORGE, SAMEET PANDA
The proposed amendment to
the Child Labour (Prohibition
and Regulation) Act 1986 hopes
to align it with the Right to
Education Act, 2009. It prohibits
child labour up to 14 years and
regulates the employment of
children between the ages of 15
and 18 years. But the proviso that
children can help in the family
occupation after school hours
or in the fields, home-based
work, forest produce gathering
or attend technical institutions
during vacations, is bound to
be misused. Besides, it will also
lead to reinforcing the practice of
caste-based occupations.
The views expressed here are personal and not
necessarily that of the organisation.
Alex George (alex.george@actionaid.org) and
Sameet Panda (panda@mum.com) work with
Child Rights Focus, ActionAid.
l6 September 19, 2015 vol l no 38 Q2S3 Economic & Political weekly
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"fell into destitution and eventually disinte
grated" after the father contracted river blind
ness. This type of "clinical" poverty is irrele
vant to South Asia, Africa and Latin America
where it is a mass phenomenon and a part of
the so-called development process.
That WDR 2006 was an exception may be ac
knowledged (World Bank 2006).
It will not be wide of the mark to note also that
Joseph Stiglitz, a former Chief Economist of
World Bank, demonstrates that generally gov
ernment policies and political institutions far
from countering inequality trends often en
hance them unmindful of the impact of ine
quality on societies such as higher crime,
health hazards, mental illness, lower educa
tional achievements, poor social cohesion, and
the like. These symptoms are also expressions
of poverty (Stiglitz 2012).
REFERENCES
Basu, Kaushik (2010): Beyond the Invisible Hand:
Groundwork for a New Economics, Princeton
University Press.
total number of child labour up to
According to the
18 years of 2011
age inCensus, the
India, including
main and marginal workers, is as high
as 23.8 million. Of this, 10.1 million are
children in the age group of 5 to 14,
while 13.7 million are children in the age
group of 15-17 years. Children up to 18
years constitute 5% of the total work
force, with those up to 14 years being
2.1% and children between 15 and 18
years amounting to 2.83% (Table 1, ρ 17).
The actual figures would be still higher
as migrant children and children of mi
grant families are unlikely to be includ
ed in full measure in the census.
The participation rate of female chil
dren in the total female workforce is
higher at 6.29% as compared to that of
male children within the male workforce,
which stands at a relatively lower 4.32%.
This trend is seen both in rural as well as
urban areas, demonstrating a gender
bias against girls though a substantial
percentage of boys are also engaged in
labour (Table 2, ρ 17). It is clear that a
higher proportion of girls among the
female workforce are put to work as child
labour as compared to boys.
All use subject to https://about.jstor.org/terms
Kuznets, Simon (1955): "Economic Growth and In
come Inequality," American Economic Review,
45(1), PP1-28.
Piketty, Thomas (2014): Capital in the Twenty-First
Century, Translated by Arthur Goldhammer,
Harvard University Press.
Rawls, John (1971): A Theory of Justice, Oxford:
Clarendon Press.
Stiglitz, Joseph Ε (20i2): The Price of Inequality,
London: Allen Lane.
Wilkinson, Richard and Kate Pickett (2010): The
Spirit Level: Why More Equal Societies Almost
Always Do Better, London: Penguin.
World Bank (1980): Poverty and Human Develop
ment, World Bank Publications.
— (1990): Poverty, World Bank Publications.
— (2000-01): Attacking Poverty, World Bank Publi
cations.
— (2004): Making Services Work for Poor People,
World Bank Publications.
— (2006): Equity and Development, World Bank
Publications.
— (2015): Mind, Society and Behaviour, World Bank
Publications.
Among the occupational classifica
tions in which age-wise employment
data of children is grouped in the cen
sus, agricultural labour emerges as the
largest category. In the 5 to 14 years age
group, agricultural labourers constitute
3.34 million, that is, 33% of the total
child workforce; while in the broader 5
to 17 category their number swells to
8.97 million and as high as 38%. In urban
areas, other workers, that is, children
belonging to occupations other than
agriculture and household industry
amount to 1.69 million out of 2.03 mil
lion child labourers signifying a very
high proportion of 83% in urban areas.
In the 5 to 17 years age group other work
ers account for 3.74 million and 82% of
the child workforce. A large section of
child labour classified as "cultivators" in
the census would belong to the poor and
marginal peasant families who cultivate
either their own land or land leased from
others (Table 3, ρ 17).
To recapitulate, the main trends in
child labour, agricultural labour stands
out as the occupation in which the largest
number of children is involved, though
in urban areas the "other workers" cate
gory is the counterpart. Along with this
a very high girl child participation in
work is also emerging. It needs to be
noted that this is apart from the unpaid
care work of girls, which is not captured
in these census categories. It is rather
surprising that the category of house
hold industry workers report very low
 ; COMMENTARY

Table
Table1:1:Number
Numberof of
Child Labour
Child in Indian
Labour Workforce
in Indian Rural-Urban
Workforce and Male-Female*
Rural-Urban (in Million)
and Male-Female* (in Million) force from l April 2010, guarantees educa
(Census20ll)
(Census 2011)
Age Group
tion to
Ana CrAnn Tfttil children
Dnr^l I IrK^nbetween 6 and 14 years.
Total Rural Urban

Persons Males Females Persons Males Females Persons Males Females This act emerges from a constitutional
5-14 years 10.13 5.63 4.50 8.10 4.39 3.71 2.03 1.24 0.79 commitment arising from the 86th Con
0.70
15-17 years 13.65 8.72 4.93 11.12 6.89 4.23 2.53 1.83
stitutional Amendment (2002), which
Total child labour 23.78 14.35 9.43 19.22 11.28 7.94 4.56 3.07 1.49
enshrines education as a fundamental
Total workforce 481.89 331.94 149.95 348.74 226.84 121.91 133.15 105.10 28.04
right justiciable under the Constitution.
* Data includes main and marginal workers.
However, even the enrolment of all out
Table 2: Percentage of Child Labour* in Indian Workforce by Rural-Urban and Male-Female
(Census 2011 ) of-school children, mostly working as
Age Group Total Rural Urban child labour will not be possible unless
Persons Males Females Persons Males Females Persons Males Females
child labour at least up to 14 years is out
5-14years 2.10 1.70 3.00 2.32 1.94 3.05 1.52 1.18 2.81
lawed completely and the law imple
15-17 years 2.83 2.63 3.29 3.19 3.04 3.47 1.90 1.74 2.50
mented effectively.
Total child labour 4.93 4.32 6.29 4.97 6.52 3.42 2.92

* Data includes main and marginal workers. ^-.,

5.51 5.31

' Data includes main and marginal workers.

Proposed Amendment
numbers compared to both agricultural line with this policy, the uncrc, and the The Child Labour (Prohibition and Regu
labour and other workers (Table 3). To Juvenile Justice Act 2000 (goi, mwcd lation) Act (clpra) 1986 is being amended
put these figures in perspective: chil- 2013), which also define the child as with the objective of aligning it with the
dren belonging to poor and marginal being a person up to 18 years, the gov- rte, by proposing to prohibit child labour
peasants as well as landless households ernment should prepare a road map to up to and including 14 years and regulat
who form part of the excluded social prohibit employment of children up to ing employment of children between 15
groups are the ones who are mainly ex- 18 years in any form of labour. and 18 years. The proposed amendment
ploited as child labour. A large section of The Right of Children to Free and is also aimed at conforming to the Inter
children are already working as cultiva- Compulsory Education Act 2009, (rte) national Labour Organization (ilo) Con
tors in family-owned or leased farms. (Gazette of India 2009) which came into vention 138 on minimum age of entry
Table 3: Workforce Distribution of Children
in India in Million by Rural and Urban Areas WORK at EPW
(Census 2011)*
Δπο Γ atûnnru r\f XMnrVfnrra TntalTotal
Age Category
Age Categoryof
Durai
Workforce Total Rural Rural
of Workforce Urban Assistant Editor/Senior Assistant Editor
5 to 14 Cultivators 2.64 2.55 0.09
(Economics)
Agricultural labourers 3.34 3.24 0.10

HHI workers 0.52 0.38 0.15

The Economic and Political Weekly is looking to appoint an Assistant Editor/Senior Assistant Editor
who will focus on Economics.
Other workers 3.63 1.94 1.69

Total
The position offers an opportunity to engage with a whole range of current research and writing
10.13 8.10 2.03
on the economic issues of the day. The Assistant Editor/Senior Assistant Editor at epw will be interacting
15 to 17 Cultivators 2.82 2.75 0.07
with writers from all over the world who seek to publish in the journal.
Agricultural labourers 5.63 5.43 0.21
The responsibilities will involve tracking research in Economics and commissioning papers for
HHI workers 0.67 0.47 0.20
publication. They will also involve reviewing and editing submissions, and collaborating in organising
Other workers 4.52 2.47 2.05 special issues in Economics. The selected candidate will have opportunities to write articles and
Total 13.65 11.12 2.53 book reviews, and draft editorials as well.
55 to
to 17
17 Cultivators 5.46 5.30 0.16 We are looking for someone who has research experience (MPhil essential but for a Senior Assistant
Agricultural labourers 8.97 8.66 0.31 Editor a PhD would be necessary) with some years of experience in teaching/journalism and with
HHI workers 1.20 0.85 0.35 publications (research writing/reportage). A command over English is essential since editing will be
an important part of the job.
Other workers 8.15 4.41 3.74

Total 23.78 19.22 4.56 The candidate should have a working knowledge of current economic theory (mainstream and
heterodox). She should also be aware of the main trends of research on Indian economic issues.
Apart from this, an awareness of contemporary debates in the social sciences and of current affairs
Right to Childhood would be valuable.

The United Nations Convention on the
Rights of the Child (uncrc 1989), of
which India is a signatory, defines a child
as a person below the age of 18 years and
prohibits children from being employed as
A familiarity with web applications and publication would be welcome.
The selected candidate will be based in Mumbai.
epw tries to but cannot match the salary scales (Lecturer/Reader for this position) of the University
Grants Commission. It makes up by offering the opportunity to work in India's leading social science
journal in an engaging and friendly work atmosphere with encouragement to develop one's skills
and interests.

labourers, though India has not ratified House rent allowance, medical insurance and leave travel assistance are also provided.
Article 32, which deals with employment Interested candidates should send in their curriculum vitae along with a covering letter addressed
of children. Following the international to the editor at edit@epw.in. The last date for submission of applications is 16 October 2015.
The selection will be made in November based on interviews in person or over Skype. The selected
norm, the National Policy for Children
candidate could join in early 2016.
2013 (goi, mwcd 2013) adopted by the
As always we will give preference to candidates from marginalised backgrounds who meet
Government of India also defines children our requirements.

as persons below the age of 18 years. In

Economic & Political weekly EEd September 19, 2015 vol l no 38 17

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COMMENTARY ξ

into employment, which is specified as As mentioned in the parliamentary com- the point of competency to choose and to
not less than 15 years and with ilo mittee's report there is no need to insert makc bis own career. This principle is vio
Convention 182 on the worst forms of an explicit section or clause to permit chil- lat.ed in the Caste System in so far as il *n"
r volves an attempt to appoint tasks to mdi
child labour (ilo 1973; goi, ml&e 2015). dren to help with their families' work. It viduals in advance...(Ambedkar 2011).
However, the amendment is being in- is likely to lead to misuse with employers
troduced by the government with an im- insisting that the children working as la- He also argues for the need to choose
portant rider; which is likely to be mis- bourers belong to their (the employers') one's occupation in different times in
used by employers of children. The union families and will defeat the purpose of order to make a livelihood. He says:

rr f f Industry is never static. It undergoes rapid

cabinet's decision to approve the draft of the proposed amendment. It needs to be , , . . „ , .,
the clpra Amendment Bill with a provi- pointed out that according to Article 31 and abrUpt changes. With such changes an
so to allow child labour below the age of of the uncrc, children have a right to individual must be free to change his oc
14 years in family enterprises, including "rest and leisure, to engage in play and cupation. Without such freedom... it would
agriculture, home-based work, artisanship recreational activities appropriate to the be imP0SSlble for him t0 Sain his livelihood
(goi, ml&e 2015) will lead to the dilution age of the child and to participate freely in (Ambedkar 2011).
of the objective of the bill to ban child cultural life and the arts" (uncrc 1989). It is clear therefore, that both from the
labour up to 14 years of age. The logic that working in family enter- perspective of individual choice in occu
prises at an early age helps children to pations and to adjust to the livelihood
Ignoring Recommendations learn skills early in their life runs against needs arising from technological chang
In this regard, it needs to be pointed out the process of social mobility through ed- es it is imperative that children are pro
that the Ministry of Labour and Employ- ucation to occupations outside the tradi- vided the fullest opportunity to choose
ment and the union government have tional ones. This is a normal process in their occupation, rather than training
ignored the recommendations of the any modernising society. The move to them in their parents' occupations dur
Parliamentary Standing Committee on give written legal sanction in the form of ing non-school hours and vacations.
Labour (pscl 2013-14) made in its 40th the proposed amendment, in order to fa- The bogey that parents would be
report in December 2013. Responding to cilitate the employment of children in penalised does not hold because the
Section 5 of the clpra Amendment Bill family occupations will lead to reinforc- second part of Section 5 of the proposed
2012, which had provided that the child ing adherence to caste based occupations, amendment clearly mentions that labour
can help his/her family after school hours Emphasising the need to provide a involving a "subordinate relationship" is
or help in fields, home-based work, forest choice in occupation, beyond the caste or- prohibited. As labour in a family does
gathering or attend technical institutions dained ones, BR Ambedkar had observed: not involve a subordinate relationship,
during vacations, the parliamentary com- social and individual efficiency requires us the first part of Section 5, which expands
mittee expressed its amazement and said to develop the capacity of an individual to the scope of family-based children's
that it was not able to understand as to
how the Labour Ministry proposed to Journal Rank of EPW
keep a check on children working in
their homes. It pointed out that the min Economic & Political Weekly is indexed on Scopus, "the largest abstract and citation database
istry was providing loopholes with this of peer-reviewed literature," which is prepared by Elsevier NV (http://tinyurl.com/o44sh7a).

proviso since it would be very difficult to Scopus has indexed research papers that have been published in EPW from 2008 onwards.

make out whether children were merely The Scopus database journal ranks country-wise and journal-wise. It provides three broad

helping their parents or working to sup
plement the family income.
It went further and stated that allowing
children to work after school was detri
mental to their health as rest and recrea
tion was important for the fullest physical
and mental development in the formative
years besides adversely affecting their
studies. The committee felt that the schools
where these children studied should
conduct sessions for their parents and
tell them about the needs of children. It
sets of rankings: (i) Number of Citations, (ii) Η-Index and (iii) SCImago Journal and Country
Rank.
Presented below are EPW's ranks in 2014 in India, Asia and globally, according to the total
cites (3 years) indicator.
• Highest among 36 Indian social science journals and highest among 159 social science
journals ranked in Asia.
• Highest among 36 journals in the category, "Economics, Econometrics and Finance" in the
Asia region, and 36th among 835 journals globally.
• Highest among 23 journals in the category, "Sociology and Political Science" in the Asia
region, and 15th among 928 journals globally.
• Between 2008 and 2014, EPW's citations in three categories ("Economics, Econometrics,
and Finance"; "Political Science and International Relations"; and "Sociology and Political
Science") were always in the second quartile of all citations recorded globally in the

was of the view that "there was no need Scopus database.

For a summary of statistics on EPW on Scopus, including of the other journal rank indicators,
to insert a provision to expressly allow
please see http://tinyurl.com/qe949dj
some obvious things, in the Indian context,
EPW consults referees from a database of 200+ academicians in different fields of the social
such as children helping their parents in
sciences on papers that are published in the Special Article and Notes sections.
domestic chores" (pscl 2013-14).

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 ξ COMMENTARY

work from "workshops" in the principal are of the view that a detailed list of such enterprises under the guise that the
1986 Act (goi 1986) to specifically hazardous occupations and processes children belong to their families.
"fields, home-based work, forest gather- initially to be based on the present list of (2) Formulate regulatory laws governing
ing and attending technical institutions" such occupations and processes under employment of children between 5 and
as in the clpra amendment bill 2012 or the principal act of 1986, should be men 14 years and 15 and 18 years in the enter
"agriculture and artisanship" as stated tioned in the amendment bill itself as an tainment, audiovisual and advertising
in the present amendment (goi, ml&e annexure. This list should however be industries, with particular emphasis on
2015) is not really required. Retaining reviewed and updated based on its prohibiting their employment in hazard
this clause will amount to employing applicability to children as the Factories ous tasks and traumatic situations.

children under the guise of family labour Act 1948 concerns adults and also keep (3) Reinstate the original longer list of
by employers, particularly in agriculture ing in mind newly emerging occupa hazardous occupations with regard to
which has emerged as the largest cate- tions on account of urbanisation and the children between 15 and 18 years
gory of child labour in our analysis of technological changes such as handling and update the list with occupations and
census data, in forest produce collection of e-waste. The implementation mecha processes, which are hazardous, based
and also in the household industry. Seen nism regarding the existing list of on an assessment of the newly emerging
against the context of the labour law hazardous occupations needs to be occupations on account of urbanisation
amendment to exempt factories employ- tightened as children are employed with and technological changes.
ing less than 40 employees from the total impunity in several of the prohibited
purview of monitoring and regulation occupations and processes quite openly, REFERENCES

under an array of labour laws it appears The most obvious example of this is urban Ambedkar, Β R (2011): Annihilation of Caste,
that these factories would be deemed as waste handling and sanitation, despite Pradeep Gaikwad, Nagpur: Samata Prakashan,
Reprint (Based on the third edition, 1944)
family enterprises, which will open the both rag picking and scavenging being
Government of India (1986): "The Child Labour
doors to employing child labour using included in the prohibited list (goi 1986). (Prohibition and Regulation) Act," http://clc.
the approval for child labour in family The proposed amendment also permits gov.in/Acts/shtm/chla.php, viewed on
12 August 2015.
enterprises (Live Mint 2015). employing children in the audiovisual, — (2013): Ministry of Women and Child Develop
entertainment and advertising industries. ment (MWCD): National Policy for Children

Other Key Features Children are being used in a range of 2013, ρ 2, http://wcd.nic.in/icpsmon/pdf/
npc2oi3d td29042013.pdf, viewed on 12 Au
The government has been drawing such occupations from street circuses gust 2015.

attention to the clause in the amend- to films and live shows. They are also Government of India, Ministry of Labour and Em
ployment (ML8tE) (2015): Press Release 13
ment that provides for compensation subjected to hazardous as well as trau May, "Approval to Move Official Amendment to
from the employer and the government, matic situations in these industries in CLPRA Amendment Bill 2012," http://
164.100.47.134/lssc0mmittee/Lab0ur/15_La
for the rehabilitation of each rescued order to enhance the thrill and suspense
bour_40.pdf, viewed on 12 August.
child labourer. The amendment also of such shows. However, this arena International Labour Organisation (1973): C-138,
proposes increase in the minimum term needs to be strongly regulated keeping Minimum age Convention 1973, (N0138) http:
//www.ilo.org/dyn/normlex/en/f?p=
of imprisonment for employing child in view the rural/mofusil as well as the NORMLEXPUB:i2ioo:o::NO::Pi2ioo_ILO_
labour from three months to six months urban settings and also the hi-tech and CODE:Ci38, http://www.ilo. org/wcmsps/
groups/public—ed_norm/—declaration/ doc
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uments/publication/wcms_decl_fs_46_en.
two years. While these are welcome pdf, viewed on 12 August 2015.

steps, it is necessary to enhance the low Recommendations Live Mint (2015): "Government Plans Big Labour
Reform Push in Monsoon Session of Parlia
prosecutions and convictions that are As the government is committed, accord ment," 8 July, http://www.livemint.com/Poli
made under clpra. ing to the national policy on children, to tics /71DANGIDKZ gpDjôcOfTJEL/Govt-plans
big-labour-reform-push-in-monsoon-session-of
The 40th report of the parliamentary consider persons aged less than 18 years
Parl.html, viewed on 12 August.
committee responding to the 2012 amen- as children, it is expected that it will The Gazette of India (2000): Act No 56, Juvenile
dment bill had pointed out that the bill draw up a road map towards a complete Justice (Protection and Care of Children) Act
2000, http://khoyapaya.gov.in/ mpp/resourc
did not fully identify hazardous occupa- ban on child labour (up to 18 years), es/Juvenile%2oJustice%2oAct%202ooo.pdf,
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loying adolescents and recommends in- above discussion we make a few recom — (2009): No 39, Right of Children to Free and
Compulsory Education Act, http://ssa.nic.in/rte
cluding them in the amendment bill, mendations which are in line with the docs/free%2oand%2ocompulsory.pdf, viewed
The Schedule under Section 3A to be in- objective of the proposed amendment on 12 August 2015.
Parliamentary Standing Committee on Labour on
serted into the original clpra 1986 as to ban child labour up to 14 years and Child Labour Prohibition and Regulation Act
per Section 6 of the 2012 bill mentioned regulate the employment of children Amendment Bill 2012 (PSCL) (2013-14): 40th
Report, pp 38-39 http://164.100.47.134/lss
only mines, inflammable substances and between 15 and 18 years,
committee/Labour/i5_Labour_40.pdf, viewed
hazardous processes as per the Factories (1) Amend Section 5 of the clpra Ame on 12 August 2015.

Act 1948 as being hazardous for children, ndment Bill 2012 which legalises use of United Nations Convention on the Rights of the
Child (UNCRC) (1989): pp 2 and 9, http://
Only minor additions have been made to child labour in family-based enterprises www.ohchr.org/Documents/ProfessionalIn
this list in the present amendment. We as it will be misused by employers of terest/crc.pdf

Economie & Political weekly C3BE3 September 19, 2015 vol l no 38 19

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