Child Labour
What is child labour
Child labour refers to work that children are too young to perform or that – by its nature or circumstances – can be hazardous. Unlike activities that help children develop (such as contributing to light housework or taking on a job during school holidays), child labour causes harm to a child’s health, safety or moral development. According to the International Labour Organization (ILO) Convention No. 182,[1] child labour includes work that deprives children of their childhood, potential, dignity, and access to education, and is harmful to their physical or mental development.
As defined under legislation
Under the Section 3 of Child Labour (Prohibition and Regulation) Act, 1986,[2] Child labor can be defined as the employment of children who have not completed their fourteenth year of age in specified occupations and processes that are deemed hazardous or detrimental to their health, safety, or development.
As defined in official government report(s)
The Gurupadaswamy Committee on child labour, established in 1979, conducted a comprehensive study of child labour issues in India and made several recommendations aimed at addressing the problem. The committee's report emphasized the need for a multi-faceted approach to combat child labour, recognizing that poverty was a significant driving force behind the issue. It recommended banning child labour in hazardous occupations while regulating conditions in other sectors. The findings of this committee ultimately contributed to the formulation of the Child Labour (Prohibition and Regulation) Act in 1986.
As defined in case law(s)
The Supreme Court of India, in M.C. Mehta v. State of Tamil Nadu (1996),[3] ruled that employing children in hazardous industries is unconstitutional and directed states to ensure rehabilitation and education of child labourers. The Supreme Court of India in Bandhua Mukti Morcha v. Union of India expanded the definition of forced labor to include children working under exploitative and coercive circumstances, declaring it a violation of their rights. It recognized child labor as a form of exploitation that deprives children of education, health, and dignity.[4]
As defined in other official document(s)
In the National Policy on Child Labour (1987), child labour is recognized as a socio-economic problem, and strategies for its elimination include legislative action, general development programs, and rehabilitation projects. As Child labour is an outcome of various social economic problems such as poverty, economic backwardness, lack of access to basic services, illiteracy etc.
Legal provision(s) relating to 'Child Labour'
Article 24 of the Constitution prohibits employment of children below 14 years in hazardous work. The Right of Children to Free and Compulsory Education Act, 2009 mandates free education for children aged 6-14 years to prevent child labour.[5] Article 21A, the right to free and compulsory education for children between the ages of 6-14 a fundamental right . Articles 39(e) and 39(f) as DPSPs under part of the Indian constitution , guide the prohibition of hazardous child labour as well as support the right to education and mandate an environment conducive to a comprehensive framework for protecting children's rights. [6]
The Child Labour (Prohibition & Regulation) Act, 1986 defines a "child" as anyone below 14 years and bans their employment in 18 occupations and 65 processes under Section 3. A Technical Advisory Committee is constituted to recommend additions to this list. The Act also regulates employment conditions in non-prohibited sectors under Part III. Violation of Section 3 leads to penalties, including imprisonment of three months to one year or a fine between ₹10,000 and ₹20,000, or both (Section 14).[7]
Other laws also impose age-based employment restrictions. The Mines Act, 1952 under Section 40(1) prohibits the employment of any person below 18 years of age in a mine, while Section 45 further restricts the presence of individuals below 18 years in any part of a mine above ground where operations related to mining are conducted.[8] Similarly, the Factories Act, 1948 under Section 67 prohibits the employment of children who have not completed 14 years of age in any factory.[9] The Merchant Shipping Act, 1958, through Section 109, restricts the employment or carriage to sea of children below 14 years in any capacity on a ship, with exceptions for family-owned vessels where the child is not employed for wages.[10] The Motor Transport Workers Act, 1961 under Section 21 prohibits the employment of children below 14 years in any motor transport undertaking.[11] The Beedi and Cigar Workers (Conditions of Employment) Act, 1966, under Section 24, explicitly bans the employment of children below 14 years in industrial premises engaged in manufacturing beedis or cigars.[12] The Bonded Labour System (Abolition) Act, 1976, under Section 4, abolishes the bonded labor system, ensuring that no person, including children, is forced into bonded labor.[13] Additionally, the Explosives Act, 1884 (as amended) prohibits the employment of children below 18 years in activities involving the manufacture, handling, or transportation of explosives. [14]
Types of 'Child Labour'
Child Labor is defined by ILO Conventions 138 on the Minimum Age for Admission to Employment and 182 on the Worst Forms of Child Labor.[15] It includes employment below the minimum age as established in national legislation, hazardous unpaid household services, and the worst forms of child labour: all forms of slavery or practices similar to slavery, such as the sale or trafficking of children, debt bondage and serfdom, or forced or compulsory labour; the use, procuring or offering of a child for prostitution, for the production of pornography or for pornographic purposes; the use, procuring or offering of a child for illicit activities; and work which, by its nature or the circumstances in which it is carried out, is likely to harm the health, safety or morals of children.
Forced Labor is defined by ILO Convention 29 as all work or service exacted from any person under the menace of any penalty and for which the said person has not offered himself voluntarily.[16]
Human Trafficking is defined by the Palermo Protocol as the recruitment, transportation, transfer, harbouring or receipt of an individual by means of threat or use of force or other forms of coercion for the purpose of exploitation.[17]
International Experience
In the United States, the Fair Labor Standards Act (FLSA) prohibits oppressive child labor by setting minimum age standards and restricting work hours, especially in hazardous occupations.[18] It ensures children prioritize education and health over labor. In Brazil, the National Program for the Prevention and Eradication of Child Labour focuses on providing education and social assistance to children rescued from labour[19], while the Statute of the Child and Adolescent (ECA) bans child labor under 14, with exceptions for apprenticeships. Brazil also uses programs like Bolsa Família to reduce poverty, decreasing the need for child labor and promoting school enrollment. [20]
Technological Initiatives
PENCiL Portal
The Ministry has developed an online portal PENCiL (Platform for Effective Enforcement for No Child Labour) which is functional w.e.f. 26.09.2018. The purpose of this portal is to provide for a mechanism for both enforcement of the legislative provisions and effective implementation of the National Child Labour Project (NCLP). The Portal has components like Complaint Corner, State Government, NCLP, Child Tracking System, and Convergence. The Platform for Effective Enforcement for No Child Labour (PENCiL) Portal, launched on 26 September 2017 under the Open Government Data (OGD) Platform India, reported a total of 4,606 cases of child labor between its launch and 3 May 2024. This platform aims to strengthen enforcement and tracking of child labor cases across India.
National Child Labour Project (NCLP)
The National Child Labour Project (NCLP) Scheme is a significant initiative launched by the Government of India in 1988, aimed at the rehabilitation of child labourers aged 9 to 14 years. The scheme operates under the Ministry of Labour and Employment and is designed to withdraw children from hazardous work environments, providing them with opportunities for education and vocational training. The NCLP focuses on creating a supportive framework through District Project Societies (DPS), which are chaired by the District Magistrate and include members from various government departments, NGOs, and community representatives.
As of March 31, 2021, the NCLP had established 1,225 Special Training Centres (STCs) across 59 districts, successfully enrolling 33,573 child labourers. These centres offer a range of services including bridge education, vocational training, mid-day meals, stipends of ₹150 per month per child, and healthcare provisions. The overarching goal is to facilitate the mainstreaming of these children into the formal education system after their rehabilitation.In response to the COVID-19 pandemic, the Ministry issued advisories in March 2020 for the review and potential suspension of STC operations to ensure safety. The NCLP Scheme was financially supported through grants-in-aid from the central government to the DPS, which then allocated funds to implementing agencies for running these centres.he NCLP has evolved over time, with its objectives including not only the rehabilitation of children but also raising awareness about child labour issues among stakeholders. Legislative measures such as the Child Labour (Prohibition and Regulation) Amendment Act, 2016 have been enacted to strengthen enforcement against child labour practices. Furthermore, children aged 5-8 are directly linked to formal education through the Samagra Shiksha Abhiyan (SSA).In terms of funding and operational status, while the NCLP was sanctioned in 324 districts, it was operational in 59 districts as of March 2021. The scheme has since been subsumed under SSA, reflecting a broader strategy to address educational needs alongside child labour issues. [21]
Appearance of 'Child Labour' in Databases'
- Child labor in India is a direct reflection of the country's socio-economic conditions, with around 43 lakh children still engaged in various forms of labor. According to the Census of India 2011, nearly 10.1 million children aged 5-14 were recorded as working, which further highlights the scale of the issue.
- "NSSO Estimate of Child Labour in Major Indian States" provides detailed statistics on child labor across various states in India, based on the National Sample Survey Organization (NSSO) data from surveys conducted in major states of india. .The findings underscore the persistent issue of child labor in India, revealing disparities across states and emphasizing the need for targeted interventions to address this social challenge effectively.
- According to the National Crime Records Bureau (NCRB) data, from 2020 to 2022, India recorded a total of 1840 incidences under the Child and Adolescent Labour (Prohibition and Regulation) Act (CALPRA). This data highlights the ongoing challenges in addressing child labor across the country, despite various legislative measures aimed at its eradication.
Research that engages with 'Child Labour'
- The report “Child Labour: Causes, Consequences, and Policy Responses” by Enfold India delves into the root causes of child labor in India, including poverty, lack of education, and socio-cultural factors. It examines the legislative framework, such as the Child Labour (Prohibition and Regulation) Act, 1986, and the Right to Education Act, 2009, while emphasizing the need for stronger enforcement and community-based solutions to eliminate child labor effectively.
- The UNICEF Innocenti report titled "Educational strategies that can reduce child labour in India" examines the interplay between education and child labour, highlighting that while India has made strides in increasing school enrollment, child labour remains a pressing issue. The report synthesizes findings from various studies to identify effective educational interventions that can enhance school participation and learning outcomes, ultimately aiming to reduce child labour. It emphasizes the need for a multi-faceted approach that includes community engagement and targeted support for disadvantaged groups.
Challenges
The enforcement of child labour laws in India is notably weak, particularly in rural and informal sectors, where many families depend on child labour due to poverty and limited access to education. A report by the British Safety Council highlights that despite existing legislation against child labour, enforcement remains a challenge, especially in remote areas where legal oversight is minimal.[22] Additionally, a study indicates that continued poverty and illiteracy significantly contribute to the prevalence of child labour, as families often rely on their children's income for survival.[23] [24]Furthermore, awareness about the harmful effects of child labour is low within communities, exacerbating the issue and hindering efforts to eliminate this practice.
Way Ahead
Strengthening enforcement mechanisms and increasing penalties for violations of child labour laws is crucial to combat the persistent issue of child labour in India. Current penalties, which include fines up to ₹20,000 and imprisonment for up to two years for first-time offenders, are often insufficient to deter violations. [25] Additionally, enhancing access to free and quality education is vital, as many families resort to child labour due to economic necessity and lack of educational opportunities. Programs aimed at providing free education can help alleviate this burden. Furthermore, launching more rehabilitation and skill-development programs for rescued children is essential in reintegrating them into society. [26]
Related Terms
- Juvenile labour: Work performed by minors (typically under 18) that is legally permitted, often under regulated conditions, such as apprenticeships or part-time jobs that do not interfere with education or well-being.
- Forced child labour: Any work performed by a child under coercion, threat, or deception, where the child has no freedom to leave and is often subjected to exploitation, abuse, or hazardous conditions.
- Bonded child labour: A form of forced labour where a child is compelled to work to repay a family debt, often under exploitative conditions, with little to no hope of freedom due to unfair repayment terms.
References
- ↑ International Labour Organization (ILO), Conventions No. 182.
- ↑ S.3 ,Child Labour (Prohibition and Regulation) Act, 1986.
- ↑ M.C. Mehta v. State of Tamil Nadu, AIR 1997 SC 699.
- ↑ Bandhua Mukti Morcha v. Union of India, AIR 1984 SC 802.
- ↑ Right of Children to Free and Compulsory Education Act 2009.
- ↑ Constitution of India 1950, arts 21A, 24, 39(e), 39(f).
- ↑ Child Labour (Prohibition & Regulation) Act 1986, ss 3, 5, 14.
- ↑ Mines Act 1952, ss 40(1), 45.
- ↑ Factories Act 1948, s 67.
- ↑ Merchant Shipping Act 1958, s 109.
- ↑ Motor Transport Workers Act 1961, s 21.
- ↑ Beedi and Cigar Workers (Conditions of Employment) Act 1966, s 24.
- ↑ Bonded Labour System (Abolition) Act 1976, s 4.
- ↑ Explosives Act 1884 (as amended)
- ↑ International Labour Organization (ILO), Conventions No. 182, 138.
- ↑ International Labour Organization (ILO), Conventions No. 29.
- ↑ https://www.ecpat.org.uk/united-nations-convention-against-transnational-organized-crime
- ↑ Fair Labor Standards Act 1938, 29 USC §§ 201–219.
- ↑ Estatuto da Criança e do Adolescente (ECA) 1990, art 60.
- ↑ Law No 10,836 of 2004 (Bolsa Família Program).
- ↑ https://pib.gov.in/PressReleaseIframePage.aspx?PRID=1807727
- ↑ https://www.britsafe.in/safety-management-news/2024/child-labour-in-india-a-persistent-problem
- ↑ https://thequill.pubkamrupcollege.co.in/upload/journal/1730098533.pdf
- ↑ https://www.unicef.org/innocenti/media/9356/file/UNICEF-Innocenti-Child-labour-schooling-India-Report-2024.pdf
- ↑ M.C. Mehta v. State of Tamil Nadu, AIR 1997 SC 699.
- ↑ https://www.ilo.org/sites/default/files/wcmsp5/groups/public/@ed_norm/@ipec/documents/publication/wcms_653987.pdf