This document provides information about child labour laws in India. It defines child labour according to Indian law as employment of children under 14 years old. It discusses causes of child labour such as poverty, lack of education, and family debt. The document outlines government initiatives against child labour such as the Child Labour Prohibition and Regulation Act of 1986 and National Child Labour Policy. However, it notes that NGO efforts to combat child labour through education have not been fully successful.
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BST Child Labour
This document provides information about child labour laws in India. It defines child labour according to Indian law as employment of children under 14 years old. It discusses causes of child labour such as poverty, lack of education, and family debt. The document outlines government initiatives against child labour such as the Child Labour Prohibition and Regulation Act of 1986 and National Child Labour Policy. However, it notes that NGO efforts to combat child labour through education have not been fully successful.
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NAME- PIYUSH CHHAJER
CLASS- XII. COM A
ROLL NO- 12 SUBJECT- BUSINESS STUDIES TOPIC: CHILD LABOUR LAWS ACKNOWLEDGEMENT I would like to express my special thanks of gratitude to my teacher Mrs. Sonali Bhattacharya and our principal Ms. Loveleen Saigal, who gave me the golden opportunity to do this project on the topic Child Labour. It helped me in doing a lot of Research and I came to know about a lot of things related to this topic. Finally, I would also like to thank my parents and friends who helped me a lot in finalising this project within the limited time frame. INTRODUCTION “There can be no keener revelation of a society's soul than the way in which it treats its children.” – Nelson Mandela Children are always considered close to God. They are considered as bringer of happiness, joy and hope, no matter where they go. The future of the nation depends on the children as they are undoubtedly the stepping stone in shaping the future of any nation. If a nation treats its children properly and provides them with the basic facilities then it would get reflected in the future performance of the nation. The moral duty of the nation is to ensure that the childhood of every child is protected. CHILD LABOUR DEFINITION Child labour is a global phenomenon, it is not restricted to only one country. “Child labour” is defined as the employment of children in any manual work. According to the Child Labour (Prohibition and Regulation) Act, 1986, a “child” is a person who has not yet attained the age of 14 years. In this tender age where a child is expected to grow, enjoy his or her childhood to the fullest, seek education, gain a strong value system, he/she is forced to work and earn a living for himself/herself and his/her family. It not only affects his/her physical and mental development but it also puts a very heavy burden of responsibility on the child to support his/her family. It is frequently observed that the children are forced to become labour due to some hardships like lack of strong financial support, lack of proper food, clothing, shelter, livelihood etc. DEFINITION BY INTERNATIONAL LABOUR ORGANISATION International Labour Organisation [ILO] defines child labour as a work that not only affects their childhood but also doesn’t let the children attend the school regularly, or have a proper education. Child labour also deprives children of their dignity, potential and childhood. Children working below the age of 14 years are not able to develop mentally, socially, physically or morally. DEFINITION BY INDIAN CENSUS 2001 According to India’s Census 2001, when a child below the age of 17 years participate in economic activity with or without compensation, either physically, or mentally, or both ways. Part-time help or unpaid work on farms, a family business or any other economic activity like cultivation and milk production for sale or domestic consumption will be included in child labour. Child labour is classified into two groups in India: 1. Main workers: Main workers are those workers who work for at least some months or more per year, and 2. Marginal child workers: Marginal child workers are those workers who work for less than 6 months in a year and work at any time during the year. CHILD LABOUR ISSUE Child labour is a major issue not only in India but in every developing country because it destroys a child’s physically as well as mentally. Because of poverty, child labour has become more prevalent, not only in India but globally. Children are the hope and future of a nation that is why it constitutes a social problem. Many laws have been enacted in order to prohibit child labour, however they haven’t been effective in curbing the problem. The statistic report of 2017 explains that India is one of the leading countries in Asia as it has 33 million children employed in child labour. According to the 2011 Census, total child population was 259.6 million out of which 10.1 million are either working as main worker or as marginal workers. CAUSES OF CHILD LABOUR Poverty, illiteracy of parents, social and economic circumstances of the family are the main causes of child labour. Lack of awareness related to the harmful effects of child labour and lack of access to basic and quality education, cultural values of the family and the surroundings of the society in which one is living, also increase the rate of child labour. High rates of unemployment and under-employment also play a vital role in child labour. Children who discontinue school due to family indebtedness or are expelled from the school are more prone to child labour. Girls from socially disadvantaged groups are at a higher risk of being forced into child labour. CAUSES OF CHILD LABOUR IN INDIA In India, the major causes of child labour are: Poverty: Children are considered helping hands of their family. In developing countries, it is almost impossible to control child labour as children not only have to support themselves but their families also and provide them with a living. Due to poverty, the rate of unemployment and underemployment are also very high and so the parents have to send their children to work on low wages. Previous debts: Due to their poor economic condition people take loans. But they don’t have sufficient money to pay back the loans so they not only work day and night to pay off the loans but they also drag their children to work so that the loan could be paid off before time and easily. Professional needs: Some industries require delicate and soft hands rather than rough hands that are required in bangle industries. So they prefer children and not adults for such work. Bonded labour: Children often work for long hours in the sun and they are deprived of water, food. These children are seldom paid. Bonded labour further adds to the large scale increase in child labour. Domestic help: Small children often work for educated families and irrespective of several laws that violate the employment of children, they often welcome small children so that these children can take care of their homes as well as their children. Child sex workers: Often, girls who attained the age of puberty are forced into prostitution in lieu of a promise that they would be given opportunities to do glamorous jobs. Forced begging: Families who can’t support themselves force their children to beg on the roads in subhuman conditions. They get their children maimed in order to get more money from the people. CONSEQUENCES OF CHILD LABOUR Children are prone to accidents and many other types of hazards at the workplace. Such injuries cause them social and economic harm, the effect of which continues for their entire lives. General injuries like cuts, burns, lacerations, fractures and dizziness are very common. Sexual abuse, STDs, HIV/AIDS, drugs, alcoholism, sexual exploitation of girls, rape, prostitution are also the consequences of child labour. They also face physical neglect in food, clothing, shelter and medical treatment. Because of this, they are not able to go to school which deprive them of basic education due to which they have to live in poverty. Emotional neglect is also the consequences of child labour. Children are prone to physical abuse including beating which often leads to a physical deformity. GOVERNMENT INITIATIVES AGAINST CHILD LABOUR IN INDIA In 1979, the Gurupadswamy Committee was formed to know and find all about the child labour and ways to tackle it. Based on the recommendations of this committee, the Child Labour Prohibition and Regulation Act was enacted in 1986. To rehabilitate children that are working in hazardous occupations National Policy on Child Labour was formulated. In 1988, 100 industry-specific National Child Labour Projects were implemented by the Ministry of Labour and Employment. To combat the growing problem of child labour the Indian Government has provided various numbers of Acts, laws, organisations and institutions. These include the Child Labour Prohibition and Regulation Act, 1986 , this Act provides the definition of a child. It states that a person who has not completed the age of 14 years is considered as a child. This Act not only regulates the hours of work but also the working conditions of child labourers and prohibit the employment of child labour in hazardous industries and to rehabilitate the children involved in child labour, the National Child Labour Policy [NCLP] was started in 1988. At first, it aims at rehabilitating the children that are employed in hazardous occupations and processes. For this, the sequential approach was adopted.
According to the report of Osment, many NGOs like:
Care India, Child Rights and You, Global March against child labour, are implemented to combat child labour by providing education and various resources. However, these efforts proved to be unsuccessful. CHILD LABOUR LAWS IN INDIA As compared to other countries, child labour in India is more prevalent. Out of 179 million children, 90 million who are in the age group of 6 to 14 years are employed and they don’t go to school. It contributes to 50% of children in our country who are involved in child labour. Since 1933, various laws have been made in India to control child labour. These laws include: Minimum Wages Act, 1948: The State Government fixes minimum wages that are to be provided to the workers/labourers including the child labourers. The government fixed wages according to the type of work and according to the class of workers. The Plantation Labour Act, 1951: This Act prohibits the employment of children below the age of 12 years, but a child above the age of 12 years can be employed only when the appointed doctor issues a fitness certificate to that child. The Mines Act, 1952: This Act provides that no child should be present where the work of mining is going on and no child should be employed for such work. The Merchant Shipping Act, 1958: Except for a training ship, this Act does not allow the employment of children below the age of 14 years in a ship. Also, a person under the age of 18 years cannot be appointed as trimmers under this Act. They can only be appointed under some specific conditions mentioned in this Act. The Apprentices Act, 1961: Unless a child attains the age of 14 years and satisfy the standard of education and physical fitness test, he cannot undergo an apprenticeship training. The Indian Factories Act, 1948: No child below the age of 14 years shall be employed in a factory. Also, there are rules that a factory has to follow if they employ pre-adults that are between 15-18 years of age. The Child Labour (Prohibition and Regulation) Act, 1986 : No child who is less than 14 years of age shall be employed in any hazardous occupations that are provided in a list by law. This list is explained further in the article. This list was amended not only in 2006 but also in 2008. The Juvenile Justice (Care and Protection) of Children Act, 2000 : If any person employs a child in any of the hazardous work or use the child as a bonded labour then that person will be punishable under this Act. The Right of Children to Free and Compulsory Education Act of 2009 : Free and compulsory education must be provided to each and every children below 14 years of age. In fact, to follow this Act efficiently, 25% of seats are also reserved in every private school for children who belongs to the disadvantaged group and for children who are physically challenged. GLOBAL SCENARIO The latest global estimates indicate that the number of children in child labour has risen to 160 million worldwide – an increase of 8.4 million children in the last four years. 63 million girls and 97 million boys were in child labour globally at the beginning of 2020, accounting for almost 1 in 10 of all children worldwide. This report warns that global progress to end child labour has stalled for the first time in 20 years. The number of children aged 5 to 17 years in hazardous work – defined as work that is likely to harm their health, safety or morals – has risen by 6.5 million to 79 million since 2016. In sub-Saharan Africa, population growth, extreme poverty, and inadequate social protection measures have led to an additional 16.6 million children in child labour over the past four years. Additional economic shocks and school closures caused by COVID-19 mean that children already in child labour may be working longer hours or under worsening conditions, while many more may be forced into the worst forms of child labour due to job and income losses among vulnerable families. The report warns that globally 9 million additional children are at risk of being pushed into child labour by the end of 2022 as a result of the pandemic. Children in child labour are at risk of physical and mental harm. Child labour compromises children’s education, restricting their rights and limiting their future opportunities, and leads to vicious inter-generational cycles of poverty and child labour. CHILD LABOUR STILL A BIG CHALLENGE!! Despite of several laws that are enforced in India which prohibits the child labour still, there are many children who are employed in homes, nearby restaurants and factories across the country. Including sexual and mental abuse, these children are also subjected to various other types of exploitation. June 12 is observed as Anti-Child Labour Day but activists expressed that due to lack of enforcement of the Child Labour Act, 1986 still there are many cases of child labour all around the world. Moreover, we often encounter child labour several times in our daily life whom we called as a “chhotu” yet we make them do our work rather than helping them and putting them in a rehabilitation centre and help them achieve a good life ahead. Child Labour is still a big challenge that needs to combat in our society. SUGGESTIONS FOR ELIMINATION OF CHILD LABOUR Child labour can be stopped through various measures. By analysing the situation, reviewing national laws regarding child labour. By taking protective measures like checking the age of the employees, identifying the hazardous works and carrying out a workplace risk assessment, child labour can be brought under control. Immediate actions are required by not hiring children below the age of 14 years, removing children from hazardous work or reducing the hours for children and providing them with at least minimum age can help in lowering the rate of child labour or making the position of these children in the society better. Strategic actions like applying a safety and health management system, using collective bargaining agreements, providing a code of labour practices. By supporting education and children that are found trapped in child labour, this problem can be reduced. We should adapt our business to a child labour free environment and make sure that new suppliers don’t use child labour. If required, one or more monitoring systems should be set up. CONCLUSION Child labour is still a problem before the nation. The various measures have been taken by the Government to deal with this problem of child labour actively. However, due to the socio- economic problems like poverty, illiteracy which are the main cause of child labour, it cannot be solved unless and until there are collective efforts of all the members of the society. If every individual takes the responsibility of child labour then this problem can be solved and we can have a better and developed India. If the public supports the functions of the Government then the problem of child labour can be controlled to a great extent. It is important to spread the awareness about the evil of child labour and make people understand that it is important for a child to grow and enjoy his/her childhood as they are future of our country.
Nikki Van Der Gaag (Editor), Amir Massoumian (Editor), Dan Nightingale (Editor) - Patriarchy in Practice - Ethnographies of Everyday Masculinities-Bloomsbury Academic (2023)