Child Labour Policy in India
There are specific clauses in the draft of Indian constitution dated 26th January 1950, about the child labor policy in India. These are conveyed through different articles in the Fundamental rights and the Directive Principles of the State Policy. They lay down four specific policy rules regarding child labor.
It was also decided by both the Government, the Union Government and the State Government that Bthe Union Government could legislate on matters concerning child labor. Various legislative initiatives were also taken in this regard at both the State and Union level.
The main legislative measures at the national level are The Child Labor Prohibition and Regulation Act -1986 and The Factories Act -1948. The first act was categorical in prohibiting the employment of children below fourteen years of age, and identified 57 processes and 13 occupations which were considered dangerous to the health and lives of children. The details of these occupations and processes are listed in the schedule to the said Act.
The factories act again prohibits the employment of children less than fourteen years of age. However an adolescent aged between 15 and 18 can be recruited for factory employment only after securing a fitness certificate from a medical doctor who is authorized. The Act proceeds to prescribe only four and and hour’s work period per day for children between 14 and 18 years. Children are also not allowed to work in night shifts.
1) ( Article 14) No child below the age of 14 years shall be employed to work in any factory or mine or engaged in any other hazardous employment.
2) Article 39-E) The state shall direct its policy towards securing that the health and strength of workers, men and women and the tender age of children are not abused and that they are not forced by economic necessity to enter vocations unsuited to there are and strength.
3) ( Article 39-f ) Children shall be given opportunities and facilities to develop in a healthy manner and in conditions of freedom and dignity and that childhood and youth shall be protected against moral and material abandonment.
4) (Article 45 ) The state shall endeavor to provide within a period of ten years from the commencement of the constitution for free and compulsory education for all children until they complete the age of fourteen years.
Monday, 1 March 2010
Why do children work?
Why do children work?
At the micro level poverty within the family as the major factor behind the prevalence of child labour remains the most accepted theory. It is viewed that every where parents prefer to send their children to school but it is lack of resources that induces the impoverished households to push their children into child labour to meet their basic needs for their survival. It is the world’s poorest nations that mostly account for the child labour population when compared to the richer and affluent countries with relatively higher per capita income and GDP. On the domestic front in India, child labour is more concentrated in the states of Uttar Pradesh, Bihar, M.P, Andhra Pradesh, Orissa, Karnataka and Tamil Nadu. Although, these more
backward and the poverty stricken states account for a large percentage of child labour, this may not always hold true since there are instances of growing child labour in better off states like Punjab and Haryana.
But, at the same time, poverty as the sole reason does not always have a direct
bearing and it fails to convince the prevalence of the child labour situation in
several parts of the country. The phenomenon spells out new dimensions in the wake of the new economic order, market forces and the globalization. It also holds true that the parents want their children to work. This view implies that parents take advantage of any earning opportunities open to their children. It is therefore appropriately believed that so long as the parents benefit more when the child goes to work than when the child goes to school, the problem of child labour will persist.
It also most commonly observed that incidence of child labour is higher wherever the access to primary education is low. Child labour has a lot to do with the primary education system and the provisions thereof.
In India, in spite of the Constitutional guarantee under the Directive Principles recognizing free and compulsory education of children in the age group of 6-14 years and now the same as a fundamental right, nearly 80-100 million children are reportedly out of school. Some of the prime reasons, probably not unknown that account for out of school children are: distance of school from home, poor school
infrastructure, overcrowded classrooms, schools without proper drinking water facilities and sanitation (15.5% of primary schools had urinals, NCERT, NAYAR 1993), absenteeism of teachers, unappealing curriculum etc.
At the micro level poverty within the family as the major factor behind the prevalence of child labour remains the most accepted theory. It is viewed that every where parents prefer to send their children to school but it is lack of resources that induces the impoverished households to push their children into child labour to meet their basic needs for their survival. It is the world’s poorest nations that mostly account for the child labour population when compared to the richer and affluent countries with relatively higher per capita income and GDP. On the domestic front in India, child labour is more concentrated in the states of Uttar Pradesh, Bihar, M.P, Andhra Pradesh, Orissa, Karnataka and Tamil Nadu. Although, these more
backward and the poverty stricken states account for a large percentage of child labour, this may not always hold true since there are instances of growing child labour in better off states like Punjab and Haryana.
But, at the same time, poverty as the sole reason does not always have a direct
bearing and it fails to convince the prevalence of the child labour situation in
several parts of the country. The phenomenon spells out new dimensions in the wake of the new economic order, market forces and the globalization. It also holds true that the parents want their children to work. This view implies that parents take advantage of any earning opportunities open to their children. It is therefore appropriately believed that so long as the parents benefit more when the child goes to work than when the child goes to school, the problem of child labour will persist.
It also most commonly observed that incidence of child labour is higher wherever the access to primary education is low. Child labour has a lot to do with the primary education system and the provisions thereof.
In India, in spite of the Constitutional guarantee under the Directive Principles recognizing free and compulsory education of children in the age group of 6-14 years and now the same as a fundamental right, nearly 80-100 million children are reportedly out of school. Some of the prime reasons, probably not unknown that account for out of school children are: distance of school from home, poor school
infrastructure, overcrowded classrooms, schools without proper drinking water facilities and sanitation (15.5% of primary schools had urinals, NCERT, NAYAR 1993), absenteeism of teachers, unappealing curriculum etc.
Simple Definition of Child Labour
Simple Definition of Child Labour
A broad definition of child labour would generally include all working
children, paid or unpaid, below the age of 15. In developing countries child
labour is defined as work that impairs the development and well – being of
children. Economists generally viewing child labour as those participating
in some kind of economic activities have now come to realize that ignoring
the time spent by the children in collecting wood and water, tending the
animals, preparing food and meals, caring for family members would
imply that a child spending only two hours a day in agriculture work could
be placed alongside twelve hours a day in the absence of their parents.
A broad definition of child labour would generally include all working
children, paid or unpaid, below the age of 15. In developing countries child
labour is defined as work that impairs the development and well – being of
children. Economists generally viewing child labour as those participating
in some kind of economic activities have now come to realize that ignoring
the time spent by the children in collecting wood and water, tending the
animals, preparing food and meals, caring for family members would
imply that a child spending only two hours a day in agriculture work could
be placed alongside twelve hours a day in the absence of their parents.
Child Labour - Basic Concepts
As a nation, if young children are allowed to work, society is creating a class of uneducated people that will not be able to reach their full productive potential. Ultimately, the nation will be unable to complete with other international societies, especially in a world that relies on people’s capacity to use modern technology. The nation’s future doctors, engineers, artists, teachers, etc. cannot develop properly, and may even be condemned to a life of low – earning, self – deprecating labour.
The international standards set out by the United Nations and the International Labour Organization (ILO) help clarify what work is acceptable and what constitutes child labour. The UN and the ILO define child labour as “a term covering children who are directly or indirectly employed in an activity which deprives them of their childhood, affects their physical, moral, psychological and emotional well being and denies them their education,” In general, the central criteria for determining child labour are age and the characteristics of the work. According to the ILO, there are over 250 million children worldwide working in the jobs that could be identified as forms of child labour. This number is estimated to increase to over 1 billion if the current socio – economic problems persist. Children all over the world are being hired within a variety of economic sectors to do jobs in a range of potentially dangerous activities. As an international community, the initial steps towards the elimination of child labour must target those that are most vulnerable to potential health risk and socially damaging conditions.
The international standards set out by the United Nations and the International Labour Organization (ILO) help clarify what work is acceptable and what constitutes child labour. The UN and the ILO define child labour as “a term covering children who are directly or indirectly employed in an activity which deprives them of their childhood, affects their physical, moral, psychological and emotional well being and denies them their education,” In general, the central criteria for determining child labour are age and the characteristics of the work. According to the ILO, there are over 250 million children worldwide working in the jobs that could be identified as forms of child labour. This number is estimated to increase to over 1 billion if the current socio – economic problems persist. Children all over the world are being hired within a variety of economic sectors to do jobs in a range of potentially dangerous activities. As an international community, the initial steps towards the elimination of child labour must target those that are most vulnerable to potential health risk and socially damaging conditions.
Child Labour - Some Facts and Statistics
Child labor is most rampant in Asia with 44.6 million or 13% percent of its children doing commercial work followed by Africa at 23.6 million or 26.3% which is the highest rate and Latin America at 5.1 million that is 9.8%.
In India 14.4 % children between 10 and 14 years of age are employed in child labor. in Bangladesh 30.1%, in China 11.6%,in Pakistan 17.7%, in Turkey 24%, in Cote D’lvoire 20.5%, in Egypt 11.2%, in Kenya 41.3% , in Nigeria 25.8%, in Senegal 31.4%, in Argentina 4.5%, in Brazil 16.1%, in Mexico 6.7%, in Italy 0.4% and in Portugal 1.8%. The above figures only give part of the picture. No reliable figures of child workers below 10 years of age are available, though they comprise a significant amount. The same is true of children in the former age group on whom no official data is available. If it was possible to count the number of child workers properly, and the number of young girls occupied in domestic labor taken into account - the figure will emerge as hundreds of million.
Child labour is also prevalent in rich and industrialized countries, although less compared to poor nations. For example there are a large of children working for pay at home, in seasonal cycles, for street trade and small workshops in Southern Europe. India is a glaring example of a nation hounded by the evil of child labor. It is estimated that there are 60 to 115 million working children in India- which was the highest in 1996 according to human rights watch.
The problems coming from a centrally planned to market economy has led to the creation of many child workers in central and eastern Europe. Same is the case in America. The growth of the service sector, increasing provision of part time jobs and the need for flexible work force has given birth to a big market for child workers here.
Historically the working force of child workers is more in rural areas compared to urban settings. Nine out of ten village children are employed in agriculture or household industries and craftwork. In towns and cities children are more absorbed in service and trading sectors rather that marketing. This is due to the rapid urbanization of the modern world. Survey done by experimental statisticians of ILO in India, Indonesia and Senegal have revealed that child labor under the age of fourteen takes place in family enterprises mostly, with the exception of Latin America. Child labor is also found to be gender specific, with more boys than girls employed in laborious activities. But this is also because it is difficult to take a count of girls working in households.
In India 14.4 % children between 10 and 14 years of age are employed in child labor. in Bangladesh 30.1%, in China 11.6%,in Pakistan 17.7%, in Turkey 24%, in Cote D’lvoire 20.5%, in Egypt 11.2%, in Kenya 41.3% , in Nigeria 25.8%, in Senegal 31.4%, in Argentina 4.5%, in Brazil 16.1%, in Mexico 6.7%, in Italy 0.4% and in Portugal 1.8%. The above figures only give part of the picture. No reliable figures of child workers below 10 years of age are available, though they comprise a significant amount. The same is true of children in the former age group on whom no official data is available. If it was possible to count the number of child workers properly, and the number of young girls occupied in domestic labor taken into account - the figure will emerge as hundreds of million.
Child labour is also prevalent in rich and industrialized countries, although less compared to poor nations. For example there are a large of children working for pay at home, in seasonal cycles, for street trade and small workshops in Southern Europe. India is a glaring example of a nation hounded by the evil of child labor. It is estimated that there are 60 to 115 million working children in India- which was the highest in 1996 according to human rights watch.
The problems coming from a centrally planned to market economy has led to the creation of many child workers in central and eastern Europe. Same is the case in America. The growth of the service sector, increasing provision of part time jobs and the need for flexible work force has given birth to a big market for child workers here.
Historically the working force of child workers is more in rural areas compared to urban settings. Nine out of ten village children are employed in agriculture or household industries and craftwork. In towns and cities children are more absorbed in service and trading sectors rather that marketing. This is due to the rapid urbanization of the modern world. Survey done by experimental statisticians of ILO in India, Indonesia and Senegal have revealed that child labor under the age of fourteen takes place in family enterprises mostly, with the exception of Latin America. Child labor is also found to be gender specific, with more boys than girls employed in laborious activities. But this is also because it is difficult to take a count of girls working in households.
Child Labour
The term ‘child labor’ means ‘working child’ or ‘employed child’. ‘Child labor’ is any work done by child for profit. ‘Child labor’ is a derogatory term which translates into child exploitation and inhumanity according to sociologists, development workers, medical professionals and educationists. They have identified child labor as harmful and hazardous to the child’s development needs, both mental and physical.
It has been observed in India and other countries, that the practice of ‘child labor’ is a socio- economic problem. Many appalling relities like poverty, illiteracy, unemployment, low wages, ignorance, social prejudices, regressive traditions, poor standard of living, backwardness, superstition, low status of women have combined to give birth to the terrible practice of child labor. Mr. Madan, Deputy Director in the Ministry of labor has been quoted as saying that “the children are required to seek employment either to augment the income of their families or to have a gainful occupation in the absence of availability of school going facilities at various places.”
t has been observed and repeatedly stated in recent times that ‘child labor’ does not remain a mere means of economic exploitation but has become a necessity due to the economic needs of the parents and the child himself. Professor Gangrade has iterated that child labor is also caused by different factors like social traditions, family attitude, customs, and dearth of schools or parental reluctance to send children to school, industrialization, urbanization, migration etc. To counter the real situation called child labor and save little humans from abuse at a tender age, the government should be compelled to provide compulsory and free education to all children up to the age of fourteen years. The recommendations of the convention No.138 should be kept in mind by those who formulate child labor laws. The working age limit for an individual should also be raised to allow consistent and full physical and mental growth for every individual.
SHRI V.V. Giri – the former president of India has arrived on two concepts of child labor – first as a bad economic practice and second as an overt social evil. In the first it is involvement of a child labor in profitable activities to augment the family income. The second context, namely child labor a social evil – is more complex in nature and extent. In order to assess the nature of the evil, and gauge the extent of damage it becomes necessary to understand the character of the job in which the child is engaged, the dangers to which they are exposed and the development opportunities they are denied.
Technically the term ‘child labour’ is used for children occupied in profitable activities, whether industrial or non industrial. It is especially applicable for activities which are detrimental to their physical, psychological, emotional, social and moral development needs. It has been researched and proved that the brain of a child develops till the age of ten, muscles till the age of seventeen and his lungs till the age of fourteen. To be more specific, any activity which acts as a hazard for the natural growth and enhancement of these vital organs, can be considered harmful for natural human growth and development and termed – ‘child labor’.
It has been observed in India and other countries, that the practice of ‘child labor’ is a socio- economic problem. Many appalling relities like poverty, illiteracy, unemployment, low wages, ignorance, social prejudices, regressive traditions, poor standard of living, backwardness, superstition, low status of women have combined to give birth to the terrible practice of child labor. Mr. Madan, Deputy Director in the Ministry of labor has been quoted as saying that “the children are required to seek employment either to augment the income of their families or to have a gainful occupation in the absence of availability of school going facilities at various places.”
t has been observed and repeatedly stated in recent times that ‘child labor’ does not remain a mere means of economic exploitation but has become a necessity due to the economic needs of the parents and the child himself. Professor Gangrade has iterated that child labor is also caused by different factors like social traditions, family attitude, customs, and dearth of schools or parental reluctance to send children to school, industrialization, urbanization, migration etc. To counter the real situation called child labor and save little humans from abuse at a tender age, the government should be compelled to provide compulsory and free education to all children up to the age of fourteen years. The recommendations of the convention No.138 should be kept in mind by those who formulate child labor laws. The working age limit for an individual should also be raised to allow consistent and full physical and mental growth for every individual.
SHRI V.V. Giri – the former president of India has arrived on two concepts of child labor – first as a bad economic practice and second as an overt social evil. In the first it is involvement of a child labor in profitable activities to augment the family income. The second context, namely child labor a social evil – is more complex in nature and extent. In order to assess the nature of the evil, and gauge the extent of damage it becomes necessary to understand the character of the job in which the child is engaged, the dangers to which they are exposed and the development opportunities they are denied.
Technically the term ‘child labour’ is used for children occupied in profitable activities, whether industrial or non industrial. It is especially applicable for activities which are detrimental to their physical, psychological, emotional, social and moral development needs. It has been researched and proved that the brain of a child develops till the age of ten, muscles till the age of seventeen and his lungs till the age of fourteen. To be more specific, any activity which acts as a hazard for the natural growth and enhancement of these vital organs, can be considered harmful for natural human growth and development and termed – ‘child labor’.
Child labour impeding development in Ecuador, says UN rights expert
Child labour impeding development in Ecuador, says UN rights expert
2 February 2010 –
Despite the commitment shown by Ecuador to eliminate child labour, the scourge remains a major obstacle to the country’s development efforts, said an independent United Nations human rights expert.
Following her just-concluded visit to the country, Gulnara Shahinian, the UN Special Rapporteur on contemporary forms of slavery, lauded the Government’s efforts to tackle child labour, including its worst forms, domestic servitude, forced labour and debt bondage.
However, she told reporters in Quito yesterday that, despite the progress made, the extent of child labour remains “alarming” and domestic servitude and debt bondage are challenges still to be overcome.
“Child labour in all its forms is an obstacle to the development of Ecuador where a high percentage of the population are children,” stressed Ms. Shahinian.
The Special Rapporteur noted a number of initiatives by the Government, UN agencies, the private sector, non-governmental organisations (NGOs) and other actors to eliminate child labour and to address the situation of child-workers.
At the same time, she deeply regretted that “those programmes have yet to achieve universal coverage and be accessible to all.”
Ms. Shahinian also assessed cases of labour exploitation, inhuman and degrading treatment as well as discrimination, which are encountered particularly by the large refugee and asylum-seeking community of Colombian nationals as well as sectors of the Ecuadorian population, including Afro-Ecuadorians, montubios and indigenous peoples.
“I am very concerned about the dire conditions of refugees and asylum-seekers and wish to stress that the Government is responsible for their protection and the restoration of their rights,” she said. “Urgent measures are required to protect and restore the rights of these people and to create an environment conducive to the elimination of labour exploitation and slavery in these areas.”
In addition, she noted that the international standards for the protection of refugees and asylum-seekers in the provinces outside Pichincha are not sufficiently implemented, despite the Government’s liberal immigration policy.
“It is only by investing adequately in all children, regardless of ethnic or national origin, immigration or other status, that Ecuador will ensure sustainable development and prosperity for the decades ahead,” stressed Ms. Shahinian, who visited Quito, as well as Machala in the province of El Oro, Esmeraldas, and San Lorenzo in the province of Esmeraldas, and Lita and Ibarra in the province of Imbabura.
The Special Rapporteur, who works in an independent and unpaid capacity, will submit a report on her visit to Ecuador to a forthcoming session of the Geneva-based UN Human Rights Council.
Source:- http://www.un.org/apps/news/story.asp?NewsID=33644
2 February 2010 –
Despite the commitment shown by Ecuador to eliminate child labour, the scourge remains a major obstacle to the country’s development efforts, said an independent United Nations human rights expert.
Following her just-concluded visit to the country, Gulnara Shahinian, the UN Special Rapporteur on contemporary forms of slavery, lauded the Government’s efforts to tackle child labour, including its worst forms, domestic servitude, forced labour and debt bondage.
However, she told reporters in Quito yesterday that, despite the progress made, the extent of child labour remains “alarming” and domestic servitude and debt bondage are challenges still to be overcome.
“Child labour in all its forms is an obstacle to the development of Ecuador where a high percentage of the population are children,” stressed Ms. Shahinian.
The Special Rapporteur noted a number of initiatives by the Government, UN agencies, the private sector, non-governmental organisations (NGOs) and other actors to eliminate child labour and to address the situation of child-workers.
At the same time, she deeply regretted that “those programmes have yet to achieve universal coverage and be accessible to all.”
Ms. Shahinian also assessed cases of labour exploitation, inhuman and degrading treatment as well as discrimination, which are encountered particularly by the large refugee and asylum-seeking community of Colombian nationals as well as sectors of the Ecuadorian population, including Afro-Ecuadorians, montubios and indigenous peoples.
“I am very concerned about the dire conditions of refugees and asylum-seekers and wish to stress that the Government is responsible for their protection and the restoration of their rights,” she said. “Urgent measures are required to protect and restore the rights of these people and to create an environment conducive to the elimination of labour exploitation and slavery in these areas.”
In addition, she noted that the international standards for the protection of refugees and asylum-seekers in the provinces outside Pichincha are not sufficiently implemented, despite the Government’s liberal immigration policy.
“It is only by investing adequately in all children, regardless of ethnic or national origin, immigration or other status, that Ecuador will ensure sustainable development and prosperity for the decades ahead,” stressed Ms. Shahinian, who visited Quito, as well as Machala in the province of El Oro, Esmeraldas, and San Lorenzo in the province of Esmeraldas, and Lita and Ibarra in the province of Imbabura.
The Special Rapporteur, who works in an independent and unpaid capacity, will submit a report on her visit to Ecuador to a forthcoming session of the Geneva-based UN Human Rights Council.
Source:- http://www.un.org/apps/news/story.asp?NewsID=33644
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