CHILD LABOUR

Author: Preeti Nakhat (KIIT School of Law)

ABSTRACT

A child is a priceless asset to any community and is undoubtedly important to the growth of the country. The way a nation raises its children to become its citizens will determine how that nation will develop in the future. Some of the kids are compelled to labour at a vital developmental stage because of their socioeconomic circumstances. Child labour prevents physical, intellectual, and emotional development of children. This paper mainly focuses on the policies, acts, articles that are implemented for the betterment of children. Child labour should have greater impact on the society because they will be the future youths of this country.

Keywords: Child, Rights of a child, Indian constitution, child labour (prohibition and regulation) act, 1986, Child Labour, Poverty.

INTRODUCTION

“Child is meant to learn, not to earn.”

“Child labour” refers to any work that endangers children’s development physically and mentally while depriving them of their youth, potential, and dignity.

• impedes children’s ability to grow mentally, physically, socially, or morally;

• and/or obstructs their education by preventing them from going to class, making them leave school early, or putting too much pressure on them to juggle work and school.

The most harmful forms of child labour include the slavery of children, their alienation from their families, their exposure to harmful conditions and diseases, and/or their abandoned on the streets of big cities, frequently while they’re quite young. In the fight against child labour, tremendous progress has been made in recent years. The current crisis and the degree of global economic integration are expected to have a significant and perhaps long-lasting negative socio-economic and financial impact on the whole world.

PERCENTAGE OF CHILD LABOUR IN INDIA

1. Last year, 982 crimes[1] were reported under the Child Labour Act, with Telangana reporting the most (982 cases), followed by Assam.
2. Governments, labour unions, and civil society organizations are at a crucial juncture in 2022 since there are only 3 years left to achieve Sustainable Development Goal 8.7, which is to take immediate action to end forced labour, which calls for getting rid of all types of child labour by 2025.[2]
3. In 2021, there were 160 million child workers in the world, according to a study by the “International Labour Organization” (ILO). According to the research, 8.4 million children were compelled to work in the past four years, and almost nine million more are at danger of becoming child labourers as a result of the epidemic.
4. India is one of the nations with a large population of child labourers. “Child labour estimates differ significantly amongst South Asian nations. According to a separate ILO study titled “Child Labour in South Asia,”[3] In terms of total numbers, India (5.8 million) has the highest proportion of children working in the 5 to 17 age range, thereafter, Pakistan (3.4 million), Bangladesh (5 million), and Nepal (3.4 million) (2 million)Data from the 2011 Census show that there were 1.01 crore working children in the age range of 5 to 14 (10.1 million). Following taking into account the population’s rate of child labour during the last 4 decades, a research from the Kailash Satyarthi Children’s Foundation predicts that by 2021, there would be 81.2 lakh child labourers nationwide, after which the number will drop to 74.3 lakh by 2025.

CONSTITUTIONAL PROVISIONS FOR PROMOTING CHILDREN’S RIGHTS

“Article 21 A: Right to Education

The State shall provide free and compulsory education to all children of the age of 6 to 14 years in such manner as the State, by law, may determine.”

“Article 24: Prohibition of employment of children in factories, etc.

No child below the age fourteen years shall be employed in work in any factory or mine or engaged in any other hazardous employment.”

“Article 39: The State shall, in particular, direct its policy towards securing

 (e) that the health and strength of workers, men and women, and the tender age of children are not abused and that citizens are not forced by economic necessity to enter avocations unsuited to their age or strength.”

CHILD LABOUR (PROHIBITION AND REGULATION) ACT, 1986

“An act prohibiting the hiring of children for some jobs and regulating the working conditions for minors in other jobs. An individual who has not reached the age of 14 is considered a “child” under this law.”

LEGISLATIVE PROVISIONS PROHIBITING AND REGULATING EMPLOYMENT OF CHILDREN

1. The Child Labour (Prohibition & Regulation) Act of 1986 defines a person as a “child” if they have not yet turned 14 years old.
2. Children are not allowed to work in 57 processes and 13 professions according to the Schedule to the Act’s Part A & B. (Section 3).
3. The Technical Advisory Committee is created under the Act to provide suggestions for the addition of new jobs and procedures to the Schedule.
4. The Act regulates all occupations and processes whose work conditions are not specifically prohibited by the Act (Part III).
5. If section 3 of the Act is violated, the offender might be sentenced to a period of imprisonment of no less than three months but no more than one year, a fine of no less than Rs. 10,000 but no more than Rs. 20,000, or a combination of the two (Section 14).
6. The Act’s provisions are carried out by the federal and state governments in each of their respective zones of authority.

NATIONAL STRATEGY ON CHILD LABOUR

The action plan for addressing the issue of child labour is included in the Policy Framework on Child Labour, August 1987. It anticipates:

• a plan for legislative action;

• that general development initiatives should prioritize and coordinate to benefit children whenever possible; and

• putting into practice project-based action plans of action to create programs for the wellbeing of kids working in places where child labour is prevalent.

The National Child Labour Policy launched the NCLP Scheme in 1988 to revitalize child labor. The Program aims to use a step-by-step methodology, concentrating initially on the rehabilitation of kids participating in risky activities and jobs. According to the Scheme, young people who engage in risky employment or procedures must be taken out of such situations and enrolled in special schools until they can transition into the regular educational system.

CAUSES OF CHILD LABOUR

Child labour and exploitation are caused by a variety of factors, including poverty, cultural norms that encourage it, the inability of adults and teens to obtain legitimate employment, migration, and emergencies. These factors are a direct effect of and a contributor to the social inequities that prejudice exacerbates.

1. Poverty: One of the primary reasons of child labour is poverty. For whatever cause, children who are born into poverty develop into unskilled workers and are compelled to engage in child labour in order to support their family.[4]
2. Access to Good Education is Limited: The educational process is in recovery in many areas due to a lack of resources to sustain the educational programs supported by organizations. Millions of children across the world, particularly in areas of armed conflict, no longer have the option of attending school. Finding a school for their children to attend has become like a pipe dream for the millions of displaced and impoverished families.[5]
3. Crises: Numerous crises occurred around the world over the past ten years, including economic crises, natural catastrophes, military wars in numerous nations, and COVID-19, which came to the forefront of all of them and caused millions of people to perish globally. The youngsters who were forced into child labor are the most vulnerable victims in all of those situations.[6]
4. Wars and Mass Migration: Armed conflicts have an impact on education, making it impossible for students to go to school and study there. Millions of families were forced to leave their homes and relocate due to such conflicts, causing mass migration throughout the world.[7]

NON-GOVERNMENTAL ORGANISATIONS

Several NGOs, including Care India and Bachpan Bachao Andolan. Efforts have been made to end child labour in India by organisations as Ride India, Child Rights and You, and the Global March Against Child Labour. The largest non-governmental organisation in India is called Pratham, and its motto is “Every child is in school and studying well.” Since its inception in 1994, Pratham has worked to abolish child labour and give all kids access to a quality education, regardless of their gender, religion, or socioeconomic standing. It has developed through providing affordable, sustainable, and replicable educational approaches. In Indian courts, child labour has also been a topic of public interest litigation.

ROLE OF PANCHAYAT MEMBERS IN MITIGATING CHILD LABOUR

Raise awareness of the abuse of children who work. Motivate parents to enrol their kids in school. Create an environment where children quit working and enrol in school instead Ensure that children may obtain necessary services in schools Inform business owners of the laws against child labour and the penalties for breaking these regulations. Increase the number of Balwadis and Anganwadis in the neighbourhood so that working mothers don’t rely on their elder brothers to take care of their younger siblings. Motivate village education committees (VECS) to enhance school conditions.[8]

CASE LAWS

1. People’s Union for Democratic Rights v. Union of India

In the case of “People’s Union for Democratic Rights v. Union of India” Employing unaccompanied children under the age of 14 for construction work clearly violates Article 24 of the Constitution, according to the Supreme Court’s ruling. The court went on to forbid any violations of Articles 23 and 24, stress the significance of strict private individual observance of fundamental rights, and vehemently condemn any types of forced labor.

• M.C. Mehta v. State of Tamil Nadu

In the notable incident of “M.C. Mehta v. State of Tamil Nadu”, the Supreme Court ordered the government to stop using child labor. In accordance with these directives, surveys were conducted to determine which children were employed, dangerous businesses were avoided, and appropriate institutions were chosen for the children’s education. The Supreme Court mandated that the Government guarantee the employment of at least one adult family member in situations where a youngster was removed from employment.

• Bandhua Makati Morcha v. Union of India & Others

In the matter of “Bandhua Makati Morcha v. Union of India & Others”, the Supreme Court was alerted to the use of minors in the carpet manufacturing industry in Mirzapur, Uttar Pradesh.It gave the District Magistrate the go-ahead to undertake raids, which helped free 144 kids who had been taken into the owners’ forced care. [9]

• Sheela Barse & Others v. Union of India

Children who worked near furnaces in the glass sector and were exposed to chemical fumes and coal dust were dismissed from their jobs, per the Supreme Court’s order in the case of Sheela Barse & Others v. Union of India

• Francis Coralie Mullin V. Union territory of Delhi

In “Francis Coralie Mullin V. Union territory of Delhi”, the court found that Article 21 of the Indian Constitution[10] strikes a balance between abuse and the preservation of children’s health and vitality. According to the court, parents have obligations to ensure that their children grow up in a healthy manner in order to enjoy freedom, a suitable infrastructure and environment, as well as educational advantages.

CONCLUSION

The nation continues to face the dilemma of the child labour issue. To address this issue, the government is implementing a number of countermeasures. However, due to the issue’s breadth, scope, and connection to socioeconomic problems like poverty and illiteracy, a coordinated effort from all cultures is needed to solve it.

The systemic injustice of child labour may not be stopped until everyone takes ownership of the pervasive practice. To create a better and more developed India, every citizen should be aware of his obligations and take action to prohibit child labour. If the government functions well and the populace cooperates, child labour may be reduced.Even though there are several laws and regulatory agencies that deal with child labour, they are powerless to stop current child labour. This is only achievable with the involvement of all societal segments and law enforcement organisations, as well as by eliminating or significantly reducing the grounds of child labour. The primary focus should be on population management, children’s education, and giving enough funding to remove it from India’s gross domestic product.

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[1] https://www.news18.com/news/opinion/indias-pledge-to-end-child-labour-by-2025-needs-a-resolute-time-bound-action-plan-now-5355343.html

[2] https://www.news18.com/news/opinion/indias-pledge-to-end-child-labour-by-2025-needs-a-resolute-time-bound-action-plan-now-5355343.html

[3] https://www.news18.com/news/opinion/indias-pledge-to-end-child-labour-by-2025-needs-a-resolute-time-bound-action-plan-now-5355343.html

[4] https://bonyan.ngo/en/child-labor/

[5] https://bonyan.ngo/en/child-labor/

[6] https://bonyan.ngo/en/child-labor/

[7] https://bonyan.ngo/en/child-labor/

[8] https://vikaspedia.in/social-welfare/women-and-child-development/child-development-1/resources-on-safe-childhood-for-panchayat-members/child-labour

[9] https://lawbhoomi.com/case-brief-bandhua-mukti-morcha-v-union-of-india-uoi-and-ors/

[10] https://indianlegalsolution.com/francis-coralie-vs-union-territory-of-delhi-case-comment/#:~:text=This%20case%20is%20a%20landmark,lawyer%20and%20contact%20with%20their