CHILD LABOUR

Is it really all that difficult to define the term child labour?

Do we need any increased intelligence quotient to understand it?

If the answer is no to both these questions, then why is child labour a
rampant problem across the length and breadth of India?

Why is it one of the prime focus problems where UNICEF is concerned?

And this is not a problem with under developed or developing nations, but
exists in the so-called developed nations.

Lets halt for a bit here and get into the technical understanding of the
term child labour…

According to the United Nations and the International Labor

Organization, child labor is to be considered if:

“...States Parties recognize the right of the child to be protected from

economic exploitation and from performing any work that is likely to be
hazardous or to interfere with the child's education, or to be harmful to the
child's health or physical, mental, spiritual, moral or social development.”

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(UN stipulation in article 32 of the Convention on the Rights of the
Child)

So, in layman’s terms, what is child labour?

It is any kind of work children are made to do that harms or exploits them
physically, mentally, morally, or by preventing access to education.

However, one must also understand that all work is not bad or exploitive
for children. In fact, certain jobs help in enhancing the overall personality of
the child. For instance, children delivering newspapers prior to going to
school. Or then children taking up light summer jobs that do not interfere
with their school timings. When they are given pocket money earning
oriented tasks, they understand the value of money, as well as respect it
even more.

While this are the positive aspects of tasks and working, the actual
universal problem of child labour is the exploitive and dangerous work and
working conditions children are put through. For instance, in north India
young children, below the age of 14 are made to work in the carpet
industry. Their delicate fingers create the world’s finest and most
expensive carpets. The children are working twelve to fourteen hours a
day. Many lose their fingers. Some are starved. And a number die each
year because of the torturous circumstances under which they are made to
work.

This is a crime. There have been instances of so-called decent middle

class, as well as upper-class people employing young children as
domestic helpers. But, they are not working as helpers, but bonded labour.
They are made slaves. Frightening stories of how they have been
physically tortured are printed in the daily newspapers. And in spite of

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stringent action being taken against such employers, the problem
continues.

CHILD LABOUR IN INDIA

India accounts for the second highest number where child labour in the
world is concerned. Africa accounts for the highest number of children
employed and exploited. The fact is that across the length and breadt
of the nation, children are in a pathetiditioc conn.

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While experts blame the system, poverty, illiteracy, adult unemployment;
yet the fact is that the entire nation is responsible for every crime against a
child. Instead of nipping the problem at the bud, child labour in India was
allowed to increase with each passing year. And today, young ones below
the age of 14 have become an important part of various industries; at the
cost of their innocence, childhood, health and for that matter their lives.

Here is a look at the various labour activities involving children,

across the length and breadth of India…

Bonded Child Labour :

This is also known as slave labour and is one of the worst types of labour
for children and adults, alike. In fact, in 1976 the Indian Parliament enacted
the Bonded Labour System (Abolition) Act; herein declaring bonded illegal.
However, the fact remains is that this system of working still continues.
According to certain experts approximately 10 million bonded children
labourers are working as domestic servants in India. Beyond this there are
almost 55 million bonded child labourers hired across various other
industries.

Child Labour in The Agricultural Sector :

According to a recent ILO report about 80% child labourers in India are
employed in the agriculture sector. The children are generally sold to the
rich moneylenders to whom borrowed money cannot be returned.

Street Children :
Children on the streets work as beggars, they sell flowers and other items,
instead of being sent to school. They go hungry for days to gather. In fact,
they are starved so that people feel sorry for them and give them alms.

Children Employed At Glass Factories :

According to recent estimates almost 60,000 children are employed in the
glass and bangle industry and are made to work under extreme conditions
of excessive heat.
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Child Labour in Matchbox Factories :
Of the 2,00,000 labour force in the matchbox industry, experts claim that
35% are children below the age of 14. They are made to work over twelve
hours a day, beginning work at around 4 am, everyday.

Carpet Industry Child Labour :

According to a recent report by the ILO almost 4,20,000 children are
employed in the carpet industry of India.

The Other Industries :

According to researchers there are about 50,000 children employed in the
brass industry of India and around the same amount in the lock industry

CHILD LABOUR LAW

The purpose of this Act was to declare child labour as illegal and make it a
punishable act by any citizen of India. The Act is to bring to the notice of
the people of this nation that there are child labour laws to protect the
child. However, in spite of this the situation has not improved, nor has it
been brought under control. For that matter it has worsened.

Given here are sections of the ‘The Child Labour (Prohibition and
Regulation) Act, 1986’, to make readers aware of the laws with
regards to the malice of child abuse and labour…

Preamble to the Act : [61 of 1986]

lna-1 An Act to prohibit the engagement of children in certain employments
and to regulate the conditions of work of children in certain other

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employments Be it enacted by Parliament in the Thirty-seventh Year of the
Republic of India as follows :

(1) This Act may be called the Child Labour (Prohibition and Regulation)
Act, 1986.

(2) It extends to the whole of India.

(3) The provisions of this Act, other than Part III, shall come into force at
once, and Part III shall come into force on such date as the Central
Government may, by notification in the official Gazette, appoint, and
different dates may be appointed for different States and for different
classes of establishments.

Definitions : In this Act, unless the context otherwise requires, -

(i) "Appropriate Government" means, in relation to an establishment under

the control of the Central Government or a railway administration or a
major port or a mine or oilfield, the Central Government, and in all other
cases, the State Government;
(ii) "Child" means a person who has not completed his fourteenth year of
age;
(iii) "Day" means a period of twenty-four hours beginning at midnight;
(iv) "Establishment" includes a shop, commercial establishment, workshop,
farm, residential hotel, restaurant, eating-house, theatre or other place of
public amusement or entertainment;
(v) "Family", in relation to an occupier, means the individual, the wife or
husband, as the case may be, of such individual, and their children,
brother or sister of such individual;
(vi) "Occupier", in relation to an establishment or a workshop, means the
person who has the ultimate control over the affairs of the establishment or
workshop;
(vii) "Port authority" means any authority administering a port;
(viii) "Prescribed" means prescribed by rules made under Sec. 18;
(ix) "Week" means a period of seven days beginning at midnight on
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Saturday night or such other night as may be approved in writing for a
particular area by the Inspector;
(x) "Workshop" means any premises (including the precincts thereof)
wherein any industrial process is carried on, but does not include any
premises to which the provisions of Sec. 67 of the Factories Act, 1948 (63
of 1948), for the time being, apply.

Prohibition of Employment of Children in Certain Occupations and

Processes :
No child shall be employed or permitted to work in any of the occupations
set forth in Part A of the Schedule or in any workshop wherein any of the
processes set forth in Part B of the Schedule is carried on: Provided that
nothing in this section shall apply to any workshop wherein any process is
carried on by the occupier with the aid of his family or to any school
established by, or receiving assistance or recognition from, Government.

Hours and Period of Work:

(1) No child shall be required or permitted to work in any establishment in
excess of such number of hours, as may be prescribed for such
establishment or class of establishments.
(2) The period of work on each day shall be so fixed that no period shall
exceed three hours and that no child shall work for more than three hours
before he has had an interval for rest for at least one hour.
(3) The period of work of a child shall be so arranged that inclusive of his
interval for rest, under sub-section (2), it shall not be spread over more
than six hours, including the time spent in waiting for work on any day.
(4) No child shall be permitted or required to work between 7 p.m. and 8
a.m.
(5) No child shall be required or permitted to work overtime.
(6) No child shall be required or permitted to work in, any establishment on
any day on which he has already been working in another establishment.

Weekly Holidays :

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Every child employed in an establishment shall be allowed in each week, a
holiday of one whole day, which day shall be specified by the occupier in a
notice permanently exhibited in a conspicuous place in the establishment
and the day so specified shall not be altered by the occupier more than
once in three months.

Health and Safety :

(1) The appropriate Government may, by notification in the official Gazette,
make rules for the health and safety of the children employed or permitted
to work in any establishment or class of establishments.
(2) Without prejudice to the generality of the foregoing provisions, the said
rules may provide for all or any of the following matters, namely:
(a) cleanliness in the place of work and its freedom from nuisance;
(b) disposal of wastes and effluents;
(c) ventilation and temperature;
(d) dust and fume;
(e) artificial humidification;
(f) lighting;
(g) drinking water;
(h) latrine and urinals;
(i) spittoons;
(j) fencing of machinery;
(k) work at or near machinery in motion;
(l) employment of children on dangerous machines;
(m) instructions, training and supervision in relation to employment of
children on dangerous machines;
(n) device for cutting off power;
(o) self-acting machines;
(p) easing of new machinery;
(q) floor, stairs and means of access;
(r) pits, sumps, openings in floors, etc.;
(s) excessive weights;
(t) protection of eyes;
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(u) explosive or inflammable dust, gas, etc.;
(v) precautions in case of fire;
(w) maintenance of buildings; and
(x) safety of buildings and machinery.

Penalties :
(1) Whoever employs any child or permits any child to work in
contravention of the provisions of Sec. 3 shall be punishable with
imprisonment for a term which shall not be less than, three months but
which may extend to one year or with fine which shall not be less than ten
thousand rupees but which may extend to twenty thousand rupees or with
both.

(2) Whoever, having been convicted of an offence under Sec. 3, commits a

like offence afterwards, he shall be punishable with imprisonment for a
term which shall not be less than six months but which may extend to two
years.

(3) Whoever - (a) fails to give notice as required by Sec. 9, or

(b) fails to maintain a register as required by Sec. 11 or makes any false

entry in any such register; or

(c) fails to display a notice containing an abstract of Sec. 3 and this section
as required by Sec. 12; or

(d) fails to comply with or contravenes any other provisions of this Act or
the rules made there under, shall be punishable with simple imprisonment
which may extend to one month or with fine which may extend to ten
thousand rupees or with both.

Children will not be employed in the following according to the Schedules

of the Act...

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Part A Occupations :

Any occupation connected with:

(1) Transport of passengers, goods or mails by railway;

(2) Cinder picking, clearing of an ash pit or building operation in the railway
premises;
(3) Work in a catering establishment at a railway station, involving the
movement of a vendor or any other employee of the establishment from
one platform to another or into or out of a moving train;
(4) Work relating to the construction of a railway station or with any other
work where such work is done in close proximity to or between the railway
lines;
(5) A port authority within the limits of any port.
(6) Work relating to selling of crackers and fireworks in shops with
temporary licences.
(7) Abattoirs/slaughter Houses.

Part B Processes :

(1) Bidi-making.
(2) Carpet-weaving.
(3) Cement manufacture, including bagging of cement.
(4) Cloth printing, dyeing and weaving.
(5) Manufacture of matches, explosives and fire-works.
(6) Mica-cutting and splitting.
(7) Shellac manufacture.
(8) Soap manufacture.
(9) Tanning.
(10) Wool-cleaning.
(11) Building and construction industry.
(12) Manufacture of slate pencils (including packing).
(13) Manufacture of products from agate.
(14) Manufacturing processes using toxic metals and substances, such as,
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lead, mercury, manganese, chromium, cadmium, benzene, pesticides and
asbestos.
(15) "Hazardous processes" as defined in Sec. 2 (CB) and dangerous
operations as defined in rules made under Sec. 87 of the Factories Act,
1948 (63 of 1948).
(16) Printing as defined in Sec. 2(k) (iv) of the Factories Act 1948 (63 of
1948).
(17) Cashew and cashew nut decaling and processing.
(18) Soldering processes in electronic industries

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 CAUSES OF CHILD LABOUR

Today one of the greatest maladies that has spread across the world is
that of child labor, coupled with child abuse. It is a very scary thought when
each year statistics show increasing numbers. And this is not a problem
afflicting under-developed or developing nations, but also developed
countries, though the numbers are comparatively less.

There are a number of experts around the world who are working towards
controlling the numbers, and eventually eradicating the problem. Seems
like a difficult and nearly impossible task, but then all the same immense
efforts are being made in this direction.

The first step to solve any problem is to be aware of it. And the prime focus
is to be aware of the causes of child labour. The following causes listed,
though from the Indian prospective, are also the contributing factor to child
exploitation in other nations…

The leading reason is poverty. Families need additional sources of income.

And unfortunately their poverty-stricken way of life makes them so ruthless
that they sell their children as commodities to exploitive employers. Most
such employers pay a lump sum for the child and then keep him or her
imprisoned within the factory unit till the child cannot work due to
deteriorating health as a result of harsh living and working conditions. A
hard and terrifying truth about child labor in India!

Most traditional families believe that a child is born to them to earn more
money for the family. The child is just another source of income. And
traditional business families in fact put the child into the business rather
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than sending them to school. Under the pretext of training them, they make
them work long hours, sometimes resorting to physical torture in case the
child makes mistakes.

Child abuse is another cause for child labor. This is more so in the case of
the girl child, who has probably been abused by someone at home, and to
hide this fact she is sold to an employer from a city as domestic help, or
then as a bride to an old man.

Lack of proper educational facilities force parents to send their children to

work, rather than keeping them at home and giving them a home-based
education, along with a happy and innocent childhood playing amongst
other children.

According to the ‘Roots of Child Labor’, curing UNICEF’s 1997 State of

the World’s Children Report,
"The parents of child labourers are often unemployed or
underemployed, desperate for secure employment and income. Yet it
is their children - more powerless and paid less - who are offered the
jobs. In other words, says UNICEF, children are employed because
they are easier to exploit."

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 STATISTICS OF CHILD LABOUR

The statistical information regarding child labour in the world, as well as in

the individual countries can never be taken to be precise, as there are
areas where no accounting has been done. There are innumerable
workshops and factories that have cramped up rooms where children
work, eat and sleep. No one from the outside world would even know that
they are working there.

However, a number of people working towards the welfare of child

labourers have, with the tip of from insiders, have been rescue a number
of children from such units. However, there are far too many such
employers and they keep increasing.

Yet, even if we look at the existing child labour statistics, the fact is that
almost 55% of the children of the world are working under trying and
torturous circumstances. They are suffering. Their health is failing and a
large number do not live to even see their adolescences, while still more
do not live beyond their thirtieth birthday. This is a grave and true situation.

In India innumerable children through the length and breadth of the nation
are into some kind of bonded labour. And unfortunately it is their greedy
parents and guardians who sell them for measly amounts of money; or
simply to get out of debt. There is ruthlessness amongst such parents. It is
as though they make children to relieve them from their financial burdens.
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Such is the story!

While the number of children employed and exploited increases with each
passing year, considering the rampant population increase the nation
faces, we must applaud the efforts made by sections of the government,
social workers, non-government organizations and others to rescue and
rehabilitate the children. These numbers are also rather encouraging in the
pages of statistical information.

DEFENCE OF CHILD LABOUR

According to Friedman's theory, before the Industrial Revolution virtually all

children worked in agriculture. During the Industrial Revolution many of these
children moved from farm work to factory work. Over time, as real wages rose,
parents became able to afford to send their children to school instead of work and
as a result child labor declined, both before and after legislation.
Austrian school economist Murray Rothbard also defended child labor, stating that
British and American children of the pre- and post-Industrial Revolution went
"voluntarily and gladly" to work in factories.
However, the British historian and socialist E.P. Thompson in The Making of the
English Working Class draws a qualitative distinction between child domestic
work and participation in the wider (waged) labor market. Further, the usefulness
of the experience of the industrial revolution in making predictions about current
trends has been disputed. Economic historian Hugh Cunningham, author of
Children and Childhood in Western Society Since 1500, notes that:

"Fifty years ago it might have been assumed that, just as child labor had
declined in the developed world in the late nineteenth and early twentieth
centuries, so it would also, in a trickle-down fashion, in the rest of the
world. Its failure to do that, and its re-emergence in the developed world,
raise questions about its role in any economy, whether national or global."

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Child laborers on a farm in Maine, October 1940

Big Bill Haywood, a leading labor organizer and leader of the Western Federation
of Miners and a founding member and leader of the Industrial Workers of the
World famously claimed "the worst thief is he who steals the playtime of
children!"
According to Thomas DeGregori, an economics professor at the University of
Houston, in an article published by the Cato Institute, a libertarian think-tank
operating in Washington D.C., "it is clear that technological and economic change
are vital ingredients in getting children out of the workplace and into schools.
Then they can grow to become productive adults and live longer, healthier lives.
However, in poor countries like Bangladesh, working children are essential for
survival in many families, as they were in our own heritage until the late 19th
century. So, while the struggle to end child labour is necessary, getting there often
requires taking different routes -- and, sadly, there are many political obstacles."

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 CERTAIN INCIDENT OF CHILD LABOUR

1) The Firestone Tire and Rubber Company operate a rubber plantation in

Liberia which is the focus of a global campaign called Stop Firestone.
Workers on the plantation are expected to fulfill a high production quota or
their wages will be halved, so many workers brought children to work. The
International Labor Rights Fund filed a lawsuit against Firestone (The
International Labor Fund vs. The Firestone Tire and Rubber Company) in
November 2005 on behalf of current child laborers and their parents who
had also been child laborers on the plantation. On June 26, 2007, the judge
in this lawsuit in Indianapolis, Indiana denied Firestone's motion to dismiss
the case and allowed the lawsuit to proceed on child labor claims

2) On November 21st, 2005, An Indian NGO activist Junned Khan, with the
help of Police, Labour Department and NGO Pratham mounted the
country's biggest ever raid for child labor rescue in the Eastern part of
Delhi, the capital of India. The process resulted in rescue of 480 children
from over 100 illegal embroidery factories operating in the crowded slum
area of Seelampur. For next few weeks, government, media and NGOs were
in a frenzy over the exuberant numbers of young boys, as young as 5-6 year
olds, released from bondage. This rescue operation opened the eyes of the
world to the menace of child labor operating right under the nose of the
largest democracy in the world.

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3) On October 28, Marka Hansen, president of Gap North America, responded,
"We strictly prohibit the use of child labor. This is a non-negotiable for us –
and we are deeply concerned and upset by this allegation. As we’ve
demonstrated in the past, Gap has a history of addressing challenges like
this head-on, and our approach to this situation will be no exception. In
2006, Gap Inc. ceased business with 23 factories due to code violations. We
have 90 people located around the world whose job is to ensure compliance
with our Code of Vendor Conduct. As soon as we were alerted to this
situation, we stopped the work order and prevented the product from being
sold in stores. While violations of our strict prohibition on child labor in
factories that produce product for the company are extremely rare, we have
called an urgent meeting with our suppliers in the region to reinforce our
policies."

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