New Delhi, 22 November 2006
India’s Child Labour
THE PROBLEM AND ITS
By T.D. Jagadesan
Child labour is one of the major problems of the world. According to the International Labour
Organisation, almost one billion children are working as child labour for their
survival. As per the report published by the Department of Labour in the U.S., India has the largest number of
children working as labourer (paid or unpaid), throwing their precious
childhood to toil almost for 12 hours everyday on an average, at a very early
In 1985 the issue
of child labour in India
attracted public attention and debate; it has become the focus of major concern
in the aftermath of globalization in 1991: “Child” is defined by the
Constitution of India (Article 24) as anyone below the age of 14 years. According to the United Nations Convention on
the Rights of the Child (Article 1) it is anyone below the age of 18 years.
As per the Indian Constitution, no child below 14 years of
age shall be employed to work in any factory of any hazardous employment
(Article 24). “Childhood and growth are
to be protected against exploitation and moral and material abandonment”
(Article 39f) and “The state shall endeavour to provide free and compulsory
education for all children until they complete the age of 14 years” (Article
The Child Labour (Prohibition and Regulation) Act was
enacted in 1986. As per the Act, “Child
means a person who has not completed 14 years of age. The Act regulates the
condition of employment in all occupations and processes
not prohibited under the Act.
The Act prohibits employment of children in 13 occupations
and 57 processes contained in the
Act. Any person who employs any child in contravention of the provisions of the
Act is liable for punishment with imprisonment for a term which shall not be less than three months but which may extend to one
year or with fine not be less than
Rs.10,000/- but which may extend to Rs.20,000/- or both.
The National Policy on Child Labour (NCLP) was framed in
August, 1987. This policy contains the
plan for solving the problem of child labour.
The NCLP started a scheme in 1988 to rehabilitate child labour. Under the scheme, after a survey of child
labour engaged in hazardous occupation and processes
has been conducted. Children are to be withdrawn from these occupations and
then put into special schools in order to enable them to be mainstreamed into
formal schooling system.
Data provided by the National Sample Survey depicts child
labour as 3.8 per cent in 1999-2000, while according to Census data it was 53
per cent in 1991. Interpretation of data
from NFHS (National Family Health Survey) on all-India basis shows that
incidence of child labour in rural areas is 4 per cent in comparison to urban
areas, which has 1.7 per cent. Some States have higher rate of incidence in
rural areas. These are Andhra Pradesh, Gujarat, Karnataka, Mdahya Pradesh, Rajasthan. Karnataka,
Andhra Pradesh were found to be leading in child labour in urban area.
The number of child labour is on the rise in India. Most of the social scientists argued and
accepted that prima facie this trend is associated
with poverty and illiteracy. Some other
factor are: large families with only one working parent or adult; migration; it
can be by force or in look out for work and employment; traditional family
occupation; ineffective law enforcement; and wage structure of adult workers.
It is a shame that almost less
than half of India’s
children between the age of six and fourteen, that is 82.2 million, are not
where they should be in school. Most of them stay back at home either to work,
or to attend to cattle, younger siblings and working in fields.
The survey conducted and data collected by the N.F.H.S.
(National Family Health Survey) shows that the poverty alone is not responsible
for children to be indoctrinated as labourers.
Around 50.84 per cent of child labour belongs to low standard of living
category, while 42.74 per cent belong to the medium standard of living category
at all India level.
Child labourers are divided in four major sectors. These
are: cultivators, agricultural labourers, manufacturing in household industries
and others which includes construction workers etc. At the national level, most of the child
labour involved in an unorgnaised sectors where these children are losing their
Census data 1991 shows that child labour is concentrated in
agricultural sectors constituting around 78 per cent of boys and 83 per cent of
girls as cultivators and agricultural labourers. Child labour employed in intrinsically
hazardous occupation handling dangerous chemicals, equipment which may lead to
burn or damage of limbs as handling explosive in fire work factories, match-making
A decision has been taken on the recommendation of the
Technical Advisory Committee on child labour, headed by the Director General,
ICMR, that the children employed in roadside eateries and highway dhabas were
the most vulnerable lot and were easy prey to sex and drug abuse as they come
in contact with all kinds of people.
Regular exhaustive studies should be undertaken. Baseline survey should be conducted so that
they may help in research work while in turn form a reliable data bank upon
which planners and policy makers can rely and thus can formulate programmes and
policies to not only obliterate child labour but can work out plans for the
growth and development of children of our country.
Voluntary organizations should also be roped in by forming
an apex body comprising of government authority and incorporating voluntary
organizations working in these fields. Members of management, trade unions can
be involved to seek solutions to the problems of labours.
Above all, the Government and legal machinery should evaluate
and monitor all progarmmes initiated by the Government pertaining to children;
they ensure that the children should be benefited by these programmes, its
enforceability and utilization. The need of the hour is to attract public
attention, to involve everybody in this fight against child labour use and to
make child labour a matter of public concern by giving impetus to the cases
highlighting action against child labour.
Mass media, print
media and electronic media should also play an important role in bringing back
the lost childhood of child labour and to create awareness
so that no child falls in this quagmire. We need to get down to action,
creating a new version for the children for whom we are responsible and who
look up to us with hope. ---INFA
India News and Feature Alliance)