Child labour and Reason for child labour

 Introduction
 Important definitions of child labour
 Types of child labour
o Industrial child labour
o Domestic child labour
o Bonded child labour

Child labour laws in India

Domestic Acts related to child labour

Reason for child labour

K
 Important judicial precedents in relation to child labour
o M.C Mehta v. State of Tamil Nadu and others (1996)
o Labourers work on Salal hydro-electric project v. State of
Jammu & Kashmir and Others (1983)

. People’s Union for Democratic Rights v. Union of India (1982)


o Krishnaraj v. The Principal Secretary (2016)
o Court on its own motion v. State of NCT of Delhi (2009)
o TMA Pai Foundation v. Union of India (2002)
o Whether this case involves A v. By way of this appeal
(2016)
 Conclusion


Introduction
“Child” as defined by the Child Labour (Prohibition and Regulation) Act,
1986 is a person who has not completed the age of fourteen years. A child of
such tender age is expected to play, study and be carefree about his life. But
as a fact of nature, expectations hardly meet reality. Children, by will or by
force are employed to work in harsh conditions and atmospheres which
becomes a threat to their life. Child labour leads to underdevelopment,
incomplete mental and physical development, which in turn results in
retarded growth of children. Looking at the 2011 census, clearly shows that
the number of child labourers in India is 10.1 million, out of which 5.6 million
are boys and 4.5 million are girls. As children form the future youth of India, it
is highly crucial to provide all the things they need, ranging from basic needs
such as shelter, food, and clothing to social needs such as education and
other things. To achieve this, appropriate legislative measures are needed in
a complex society like India. With regard to India, several legislations have
been enacted to control the menace of child labour. Towards the end of the
article, you’ll get an idea of all the relevant legislations and regulations in
India.

Defining child labour

The idea of child creates uncertainty because it is motivated by personal views.
Therefore, a standard must be recognized to define the minimum age at which a
child is considered to be. The International Labour Organization (ILO) defines
child labor as any work that robs children of their youth, potential, and dignity
and is detrimental to their physical and mental development.
As a result, under Article 2(3) of the International Labour Organization (ILO), the
minimum age for entry into employment or work in any profession “shall not
necessarily be below the age of completion of compulsory Schooling and, in any
case, shall not be less than 15 years of age” under the ILO’s definition of “Child.”
The ILO explains how child labor is defined in many approaches, and definitions
provide various kid labor estimates. [3] However, the UNICEF definition of Child
labor is distinctive. According to the 1989 UN Convention on the Rights of the
Child, which includes the right to refrain from economic exploitation, “A child is a
person under the age of 18.”
As a result, UNICEF’s definition of child labor states that it is defined as “Child
labor traditionally referred to children working before they reached the legal
minimum age for employment in their country of origin.”

Regarding definitions of children, the Child Labour (Prohibition & Regulation)

Act, 1986 in India says that a child is anyone under 18. “A person who has not
finished his education and not completed 14 Years of Age. [4]

According to the Factories Act of 1948, “A person below 15 years old is

considered to be a child.[5] Similarly, the Juvenile Justice Act, 2000 defines a
“Juvenile” or “Child” as “a person who has not reached the age of eighteen
years,” whereas the Central Children Act defines a child as “a boy who has not
attained the age of 16 or a girl who has not reached the age of 18. [6]“

It becomes clear that there is no legal age restriction for children after
considering various concepts connected to children. It varies depending on the
Act. Regarding child labor, different occupations have varied age restrictions.
However, under government regulations, a child cannot be employed until they
are at least fourteen years old. No child under the age of fourteen may be hired
to work in a factory, mine, or in any other dangerous employment, according to
the Indian Constitution.
On the other hand, some definitions specifically address the detrimental effects
of child labor and are concerned with how dangerous a job might harm a child’s
development and growth. Similarly, the Indian government defined child labor as
“the employment of children in advantageous activities which are hazardous to
their health and rob them of the prospects of growth.”

Types of child labour

Industrial child labour

 Children under the legal age of 18 are most frequently employed in

the industrial sector in India. Over 10 million children, including over
4.5 million girls, between the ages of 5 and 14 labour in unorganized
sectors.
 Some of the major employers of children are small businesses, such
as the garment industry, brick kilns, agriculture, fireworks industries,
diamond industries, etc. Such businesses occasionally run out of
people’s homes, which makes it challenging for the government to
take necessary action.
 One of the largest and most prominent employers of children in India
is the unorganized industry. Children can be easily spotted working
on roadside dhabas and cafes, tea stalls, or grocery stores. Here,
children are preferred since they are manageable and simple to fire.

Domestic child labour

 In India, 74% of child domestic workers in India are said to be

between the age group of 12 to 16. They include both boys and girls
who work as domestic help for rich families to take care of their daily
chores.
 At a time when they ought to be in school and playing with friends,
these children have no choice but to help other families out. In most
cases, the primary cause is poverty.
 Typically, parents consent in the hopes of receiving financial support
and a secure home for their children. Most of the domestic
employees in the statistics are girls, and nearly 20% of all domestic
workers hired are under the age of 14.
 These children labour for the family as live-in servants, doing chores
including cooking, cleaning, taking care of the family’s pets or young
ones, and other duties.
Bonded child labour

 A child who is forced to work as a slave to pay off his parents’ or

guardian’s debt is said to be engaged in bonded child labour.
 Although the prevalence of bonded child labour has significantly
decreased in recent years as a result of strong government oversight
and legislation outlawing it, it still occurs covertly in outlying areas.
 Children who live in rural areas and work in agriculture are more
likely to be subjected to this kind of labour. Poor farmers who are
heavily indebted to lenders sometimes agree to hire their siblings as
labourers for rich lenders.
 Up to the last ten years, there were thousands of bound labourers
employed in a variety of businesses, but today those numbers have
sharply declined, and the government asserts that there are no
longer any bonded child labourers.

Child labour laws in India

When in the 20th Century, child labour became so prominent that news of
factory hazards and mishappenings taking innocent children’s life, flashed all
around in the newspapers, then was the time, a need for legislation and
statutes were felt to prohibit the mal practice of child labour. Today, there
are sufficient statutes condemning and prohibiting child labour such as:

The Factories Act of 1948: The Act prohibits the employment of children
below the age of 14 years in any factory. The law also placed rules on who,
when and how long can pre-adults aged 15–18 years be employed in any
factory.

The Mines Act of 1952: The Act prohibits the employment of children below
18 years of age in a mine. Mining being one of the most dangerous
occuptions, which in the past has led to many major accidents taking life of
children is completely banned for them.

The Child Labour (Prohibition and Regulation) Act of 1986: The Act
prohibits the employment of children below the age of 14 years in hazardous
occupations identified in a list by the law. The list was expanded in 2006, and
again in 2008.

The Juvenile Justice (Care and Protection) of Children Act of 2000:

This law made it a crime, punishable with a prison term, for anyone to
procure or employ a child in any hazardous employment or in bondage. This
act provides punishment to those who act in contravention to the previous
acts by employing children to work.
 The Right of Children to Free and Compulsory Education Act of
2009: The law mandates free and compulsory education to all children aged
6 to 14 years. This legislation also mandated that 25 percent of seats in
every private school must be allocated for children from disadvantaged
groups and physically challenged children.

Domestic Acts related to child labour

Minimum wages Act, 1948

The Minimum Wages Act, (1948) establishes minimum pay rates for a number
of jobs that have been identified by the relevant government and are
included in the schedule of the Act. The Act established minimum wage rates
for adults, adolescents, and children.

Plantation Labour Act, 1951

According to the Plantation Labour Act, 1951, a child (under the age of 14) or
an adolescent (aged 15–18) cannot be hired for work unless a doctor certifies
that they are healthy enough to do so. A certifying surgeon who has
determined that the subject of his examination is fit to work as a child or as
an adolescent can issue the certificate of fitness. This Act establishes that
housing, medical care, and recreational facilities are all the responsibility of
the employer.

Merchant Shipping Act, 1958

The Merchant Shipping Act , 1958 forbids the employment of children under
the age of 15 in a ship, with the exception of a school ship or training ship, a
ship governed by family, a home trade ship of fewer than 200 tonnes gross,
or a ship where the child will be employed for a meagre wage and be under
the supervision of his father or another nearby adult male relative.

The Beedi and Cigar Workers (Conditions of

Employment) Act, 1966
The Beedi and Cigar Workers (Conditions of Employment) Act, passed in
1966, applies to all industrial facilities where any manufacturing activity
related to the production of beedis, cigars, or both is now being done or is
typically done, with or without the use of power. The Act forbids the
employment of children under the age of 14 in any such establishment.
Children between the ages of 14 and 18 are not allowed to work between the
hours of 7 p.m. and 6 a.m.
Child Labour (Prohibition and Regulation) Act,
1986
There are a number of enactments which prohibit, the employment of children below 14 years and
15 years of age in certain specified employments. However, there is no procedure laid down in any
law for decidir deciding in which employments, occupations or processes the employment of
children should be banned. There is also no law to regulate the working conditions of children in
most of the employments where they are not prohibited from working and are working under
exploitative conditions. Therefore the Child Labour (Prohibitions and Regulation) Act, 1986 has been
enacted to prohibit the engagement of children in certain employments and to regulate the
conditions of work of children in certain other employments. This Act seeks to achieve the following
objects:

(i) To ban the employment of children, i.e., those who have not completed their fourteenth year, in
specified occupations and

processes;

(ii) To lay down a procedure to decide modifications to the Schedule of banned occupations or
processes;

(iii) To regulate the conditions of work of children in employments where they are not prohibited
from working; (iv) To lay down enhanced penalties for employment of children in violation of
provisions of this Act, and other Acts which forbid the employment of children;

(v) To obtain uniformity in the definition of "child" in the related laws.

This Act is divided into four parts which include 26 Sections and two Articles
A&B. The act is as follows:

1. Part I: Preliminary. It includes Section 1 which talks about the short

title, extent and commencement of this Act and Section 2 talks
about the various definitions that are included in this Act.
2. Part II: Prohibition of Employment of Children in Certain
Occupations and Processes. It includes Section 3,4,5 of this Act.
There are two Articles A&B that are concerned with Section
3. Section 3 lists down various occupations and processes that are
already mentioned.
In Manilal Dayal Ji & Company and Others v. Competent
Authority and Inspector under Child Labour and Others, the
High Court has held that the proviso to Section 3 of the Act
unequivocally declares that the mischief created under the
provision in the main section is not applicable to any
workshop wherein any process is carried on by the occupier
with the aid of his family. There is also no dispute about the
practice prevalent in Beedi manufacturing that Gharkhata
workers are usually employed by the Beedi manufacturers.
 In some cases, the house of such Gharkhata workers has
been treated to be part of establishment of Beedi
manufacture. A child engaged by such parents who happens
to be a Gharkhata worker or the employee who has no
control over Gharkhata worker cannot be held responsible
for violating the provisions contained in Section 3 of the Act.
Whereas Section 4 talks about the power to amend this Act
and Section 5 states that the Central Government is empowered to
form a Child Labour Technical Advisory Body.
3. Part III: Regulation of Conditions of Work of Children. It
includes Section 6 to 13 in it. Section 6 includes an application that
can be filed, Section 7 talks about the hours and period of work
whereas Section 8 talks about the weekly holidays. Section 8 states
that how can a notice to the inspector is filed and Section 10 talks
about what to do when there is a dispute as related to the age.
According to Section 11 maintenance of register is compulsory
and Section 12 and 13 talks about other formalities.
4. Part IV: Miscellaneous consists of Section 14 to Section 28 of the
Act. This part talks about provisions related to penalties, the
appointment of inspectors, the power to make rules, the power to
remove difficulties etc.

Child Labour (Prohibition & Regulation) Amendment

Act, 2016
The Child labour (Prohibition & Regulation) Amendment Act, 2016, which the
government passed, went into effect on January 1, 2016. The Amendment Act
explicitly forbids hiring anybody under the age of 14. Additionally, the
amendment forbids hiring adolescents between the ages of 14 and 18 for
risky jobs and procedures and restricts their working conditions in cases
where it is not. The change also makes it a crime for businesses to hire any
child or adolescent in violation of the Act, increasing the severity of the
penalties for such violations. The amendment gives the competent
Government the authority to provide a District Magistrate with the requisite
powers and impose the appropriate responsibilities in order to accomplish the
efficient implementation of the provisions. In order to ensure the Act is
implemented effectively, the State Action Plan has also been distributed to all
States and UTs.

Reason for child labour

Significant causes of child employment that can be understood keeping in
mind the Indian scenario, are:
  POVERTY:
In developing countries it is impossible to control child labour as children
have been considered as helping hand to feed their families, to support their
families and to feed themselves. Due to poverty, illiteracy and unemployment
parents are unable to bear the burden of feeding their children and to run
their families. So, poor parents send their children for work in inhuman
conditions at lower wages.

The majority of the nation’s population lives in poverty. Due to their inability
to pay for their children’s education, poor parents force them to start working
at a young age. In reality, they are fully aware of the impact caused by
frequently losing close ones to poverty. They employ their young children in
homes, businesses, and factories. They are required to work as soon as
possible to raise the income of their low-income households. These choices
are made just to provide a meagre life for their family. However, such choices
destroy children’s physical and emotional health since they rob them of their
childhood at a young age.
 PREVIOUS DEBTS:
The poor economic conditions of people in india force them to borrow money.
The Illiterate populations go to money lenders and sometimes mortgage their
belongings in turn of the debt taken by them. But, due to insufficiency of
income, debtors find it very difficult to pay back the debt and the interest.
This vicious circle of poverty drags them towards working day and night for
the creditor and then the debtors drag their children too in assisting them so
that the debts could be paid off. Some children are forced to work in order to
support their families because they are under pressure to provide food and
shelter as well as to pay off debt that their parents owe. Some children,
meanwhile, are sold into slavery against their will.

 PROFESSIONAL NEEDS:
There are some industries such as the ‘bangle making’ industry, where
delicate hands and little fingers are needed to do very minute work with
extreme excellence and precision. An adult’s hands are usually not so
delicate and small, so they require children to work for them and do such
dangerous work with glass. This often resulted in major eye accidents of the
children.

 NO SPACE FOR ALTERNATIVES

According to the International Labour Organization (ILO), a significant
contributing factor that pushes children into hazardous labour is a lack of
available alternatives, such as affordable schools and high-quality education.
Children are bound to work because they are dissatisfied and have no other
means of earning. There are not enough acceptable school facilities in many
localities, especially rural ones where child labour is rampant. Even when
schools are available, they are frequently too far away, challenging to reach,
expensive, or the quality of instruction is so low that parents question
whether attending school is actually worthwhile. Even after 75 years of
independence, there are still a number of children whose right to education is
denied owing to their situations. This can only be managed by the effective
implementation of national schemes.
 SOCIAL CAUSES
The primary cause of child labour in India is also the country’s social and
economic backwardness. Parents who are socially backwards do not send
their children to school. As a consequence, their children are compelled into
child labour. Many times, parents are unaware of different programmes for
children’s education because of illiteracy. Child labour has been fostered by a
lack of education, illiteracy, and, as a result, a lack of understanding of rights
among children. Additionally, illiterate parents are unaware of the effects
child labour has on their children. Rural households have a compulsive reason
for including children in a variety of duties due to the situations of poverty
and unemployment. In actuality, India’s child labour issue is still perpetuated
by the remains of the feudal, zamindari system.
 FAMILY TRADITION
The cultural tradition in many countries is that children follow their parent’s
footsteps with regard to their profession. Subsequently, it ends in child labour
as they tend to learn and practise that skill from a very young age, especially
where informal economy and small household businesses exist. Similarly, the
education of girls is often undervalued, leading to pressure on these girls to
engage in child labour, such as domestic duties.
 ADDICTION, DISEASE OR DISABILITY
Due to addiction, illness, or disability, there is often no income in the family,
and the child’s wages are the only source of support. Additionally, when the
population grows, unemployment rises, which has a negative effect on
initiatives to prevent child labour. In order to boost the family’s income,
parents are prepared to send their children to work instead of enrolling them
in school.
 POOR COMPLIANCE WITH LAWS
In today’s culture, regulations guarantee that people have the right to a good
education, access to quality healthcare, and self-care. Every person has the
right to play the game he likes, and enjoy all the means of enjoyment, and
when he develops, to acquire work where he may earn well and contribute to
society and nation. But child labour is still being used in India since the
regulations are not being followed properly. Only rigorous adherence to the
relevant laws will make it unlawful.
 DISCRIMINATION BETWEEN GIRLS AND BOYS
There’s a general belief that boys are stronger than girls and that they cannot
be compared on an equal footing. In our culture, there are numerous
instances where girls are denied the opportunity to pursue their education.
Girls who are considered as being weaker than boys are denied access to
education and school. Girls are often seen working alongside their parents in
households that are labourers.
 OTHER MINOR CAUSES
Some shops, businesses, and factory owners hire them out of a desire for
cheap labour so that they may pay them less, which amounts to hiring cheap
labour. Shopkeepers and other small company owners make them work just
as hard as older people while only paying them half as much. Child labour
also reduces the likelihood of theft, greed, or money misappropriation. Child
labour has been encouraged in India as a result of the growth of globalisation,
privatisation, and consumerist culture as well as the demand for inexpensive
labour and its connection to the financial needs of low-income families.

Important judicial precedents in relation to child labour

M.C Mehta v. State of Tamil Nadu and others (1996)

The Supreme Court of India issued directives regarding the eradication of
child labour in M.C Mehta v. State of Tamil Nadu (1996). The main aspects of
the judgement include the following:
 Survey to identify children who work;
 Withdrawal of children employed in hazardous industries;
 Ensuring that children are educated in appropriate institutions;
 Contribution of Rs. 20,000/- per child from the violating employers of
children to a welfare fund to be established for this purpose;
 Employment for one adult family member of the child who has been
thus withdrawn from work, or if that is not practicable, a donation of
Rs. 5,000/- by the state government to the welfare fund;
 As long as the child is really sent to school, financial help will be
provided to the families of the withdrawn children out of the interest
income on the Rs. 20,000/- or 25,000/- amount put in the welfare
fund;
 Limiting the number of hours children may work in non-hazardous
jobs so that they are guaranteed at least two hours of schooling
each day and a daily maximum of six hours of labour. The concerned
employer is required to cover the whole cost of schooling.
 The Ministry of Labour is keeping an eye on how the Supreme
Court’s directives are being carried out.

Labourers work on Salal hydro-electric project v. State of Jammu & Kashmir and Others

(1983)

In Labourers work on Salal hydroelectric project v. State of Jammu & Kashmir

and Others (1983), a bench of Justices P. N. Bhagwati and R. B. Misra ruled
that no child under the age of 14 must be employed by any contractor or
subcontractor on any factories in the projects. If any contractor or
subcontractor uses underage labour, quick instructions for their break must
be given right away, and a summary report must be sent regarding
punishment.

People’s Union for Democratic Rights v. Union of India (1982)

In People’s Union for Democratic Rights v. Union of India (1982) , it was

alleged that a small number of minors under the age of 14 were among those
working on the Asiad Project’s development in Delhi. It was argued that since
the construction industry was not listed in the schedule of the Employment of
Children Act (1938), it did not apply to children working in this industry. The
Government’s claim was in no way reasonable, according to Bhagwati J. Even
though the job is not directly included in the Schedule of the Employment of
Children Act, 1938, children under the age of 14 shall not be engaged in
construction work since it is a dangerous line of work. It was urged that the
State Government take the earliest actions required to schedule the building
work under the Act and make sure that Article 24 is not broken in any region
of the nation.

Krishnaraj v. The Principal Secretary (2016)

In this case, the Madras High Court emphasised the critical role that the mid-
day food programme plays in reducing child labour. The Tamil Nadu
Government began implementing the ‘Noon Meal Scheme’ on July 1, 1982.
The Court emphasised that it created a path to work with the Government
and the Department of Social Welfare and Nutritious Meal Programs on a
combined amount of salary/daily pay for those with lower educational
qualifications. It went on to add that their main goal was to support the
education of children from disadvantaged and underprivileged
neighbourhoods and social groups. Additionally, it was designed to address
the issues such as child labour, which had plagued the nation both before and
after independence, to accomplish the objectives outlined in Article 24.

Court on its own motion v. State of NCT of Delhi (2009)

In Court on its own motion v. State of NCT of Delhi (2009), the Delhi Action
Plan to Prevent Child Labour created by the National Commission for
Protection of Child Rights, Government of India, has been authorised by the
Delhi High Court. The Delhi High Court has further outlined the duties and
responsibilities of all parties in this decision.
TMA Pai Foundation v. Union of India (2002)

In the case TMA Pai Foundation v. Union of India (2002), the Supreme Court
stated that it is a parent or guardian’s fundamental responsibility to give their
children access to educational opportunities. The Right of Children to Free
and Compulsory Education Act of 2009, which mandates free and mandatory
education for all children aged 6 to 14, was passed by the Parliament in order
to codify this advancement in the area of education and recognise it as a
fundamental right.

Whether this case involves A v. By way of this appeal (2016)

According to the Gujarat High Court’s ruling in the case of Whether this case
involves A v. By way of this appeal (2016), any child/children or their
parents/guardians may approach the State Commission for the Protection of
Child Rights for ventilating the grievance and appropriate action shall be
taken for inquiring into the complaints in accordance with the Commissions
for Protection of Child Rights Act, 2005.

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.