Contents
CHILD LABOR.............................................................................................................................................
HISTORY ..........................................................................................................................................................
DEFINITIONS....................................................................................................................................................
MEANING........................................................................................................................................................................
EFFECTS ...........................................................................................................................................................
DISADVANTAGES ....................................................................................................................................................
HARMFUL TO THE CHILD .............................................................................................................................
LAWS & ACTS PASSED BY THE GOVERNMENT .................................................................................................
The Factories Act of 1948................................................................................................................................................
The Mines Act of 1952 .....................................................................................................................................................
The Juvenile Justice (Care and Protection) of Children Act of 2000.......................................................................
The Right of Children to Free and Compulsory Education Act of 2009..................................................................
STATISTICS.......................................................................................................................................................
Number of children involved in ILO categories of work, by age and gender in 2002 ..................
ELIMINATING CHILD LABOUR ................................................................................................................................
Exceptions granted ........................................................................................................................................
CHILD LABOUR LAWS AND INITIATIVES ...........................................................................................................
CAUSES OF CHILD LABOUR ....................................................................................................................................
Primary causes ...................................................................................................................................................
Cultural causes ............................................................................................................................................
Macroeconomic causes ...............................................................................................................................
CHILD LABOUR INCIDENTS ..............................................................................................................................
Cocoa production........................................................................................................................................
BONDED CHILD LABOUR IN INDIA ...................................................................................................................
CONSEQUENCES OF CHILD LABOUR .....................................................................................................................
DIAMOND INDUSTRY ................................................................................................................................................
FIREWORKS MANUFACTURE ...................................................................................................................................
The town of Sivakasi in South India has been reported to employ child labour in the
production of fireworks. In 2011, Sivakasi, Tamil Nadu was home to over 9,500 firecracker
factories and produced almost 100 percent of total fireworks output in India. The fireworks
industry employed about 150,000 people at an average of 15 employees per factory. Most of
these were in unorganised sector, with a few registered and organised companies.
SILK MANUFACTURE .....................................................................................................................................
CARPET WEAVING ...................................................................................................................................
DOMESTIC LABOUR .......................................................................................................................................
COAL MINING.................................................................................................................................................
INITIATIVES AGAINST CHILD LABOUR...............................................................................................................
NON-GOVERNMENTAL ORGANISATIONS .........................................................................................................
Many NGOs like Bachpan Bachao Andolan, CARE India, Talaash Association Child Rights
and You, Global march against child labour, RIDE India etc. have been working to
eradicate child labour in India.
DEMOGRAPHY OF CHILD LABOUR ....................................................................................................................
ORGANISATION WORKS AGAINST CHILD LABOUR.......................................................................................
UNICEF ....................................................................................................................................................
Governance, organization, and membership ..............................................................................................
Governing Body ................................................................................................................................................
International Labour Conference ...................................................................................................................
CONVENTIONS.....................................................................................................................................
RECOMMENDATIONS ................................................................................................................................
MEMBERSHIP ....................................................................................................................................................
POSITION WITHIN THE UN ..............................................................................................................................
The International Labour Organization (ILO) is a specialized agency of the United Nations
(UN). As with other UN specialized agencies (or programmes) working on international
development, the ILO is also a member of the United Nations Development Group ...................
ISSUES..........................................................................................................................................................
FORCED LABOUR............................................................................................................................................
Vulnerability ............................................................................................................................................
DAIGRAMS SHOW THE CHILD LABOR IN INDIA ...........................................................................................
CONCLUSION ......................................................................................................................................................
Child Protection .............................................................................................................................................
Child Rights..............................................................................................................................................
REFERENCES .......................................................................................................................................................
CHILD LABOR
HISTORY
During the Industrial Revolution, children as young as four
were employed in production factories with dangerous, and often fatal,
working conditions. Based on this understanding of the use of children as
labourers, it is now considered by wealthy countries to be a human
rights violation, and is outlawed, while some poorer countries may allow
or tolerate child labour. Child labour can also be defined as the full-time
employment of children who are under a minimum legal age.
MEANING
Child labour refers to the employment of children in any
work that deprives children of their childhood, interferes with their ability
to attend regular school, and that is mentally, physically, socially or
morally dangerous and harmful. This practice is considered exploitative by
many international organisations. Legislations across the world prohibit child
labour. These laws do not consider all work by children as child labour;
exceptions include work by child artists, supervised training, certain
categories of work such as those by Amish children, some forms of child
work common among indigenous American children, and others.
Having discussed the short and the long run economic impact of child
labour at the family level, in the present section we analyse the effects of
child labour on long-run growth. A review of the theoretical and empirical
literature on child labour has lead us to the identification of at least six
channels through which child labour might have a negative impact on long
run growth: lower human capital accumulation, higher fertility, worse
health, slower investment and technical change, higher income and gender
inequality (see Figure 1).7 DISCUSSION PAPERS SERIES NO. 128
The Child Labour (Prohibition and Regulation) Act, 1986 defines a child as
a person who has not completed fourteen years of age. The Factories Act,
1948 and Plantation Labour Act 1951 states that a child is one that has not
completed fifteen years of age and an adolescent is one who has completed
fifteen years of age but has not completed eighteen years of age. According
to the Factories Act adolescents are allowed to work in factories as long as
they are deemed medically fit but may not for more than four and half
hours a day. The Motor Transport Workers Act 1961, and The Beedi And
Cigar Workers (Conditions Of Employment) Act 1966, both define a child
as a person who has not completed fourteen years of age. The Merchant
Shipping Act 1958 and Apprentices Act 1961 don't define a child, but in
provisions of the act state that a child below fourteen is not permitted to
work in occupations of the act. The Mines Act, 1952 is the only labour
related act that defines adult as person who has completed eighteen years
of age (hence a child is a person who has not completed eighteen years of
age).
The Prohibition of Child Marriage Act, 2006 states that a male has not
reached majority until he is twenty-one years of age and a female has not
reached majority until she is eighteen years of age. The Indian Majority
Act, 1875 was enacted to create a blanket definition of a minor for such acts
as the Guardians and Wards Act of 1890. Under the Indian Majority Act,
1875 a person has not attainted majority until he or she is of eighteen years
of age. This definition of a minor also stands for both the Hindu Minority
and Guardianship Act, 1956 and the Hindu Adoption and Maintenance
Act, 1956. Muslim, Christian and Zoroastrian personal law also upholds
eighteen as the age of majority. The first Juvenile Justice Act, 1986 defined a
boy child as below sixteen years of age and a girl child as below eighteen
years of age. The Juvenile Justice (Care and Protection of Children) Act,
2000 has changed the definition of child to any person who has not
completed eighteen years of age.
Because of its umbrella clauses and because it is the latest law to be enacted
regarding child rights and protection, many are of the opinion that the
definition of child found in the Juvenile Justice Act, 2000 should be
considered the legal definition for a child in all matters.
STATISTICS
Number of children involved in ILO categories of work, by age and gender
in 2002
Children
All Economically
Economically Child Child In Children In
Children Active
Active Labour Labour Hazardous Hazardous
('000s) Children
Children (%) ('000s) (%) Work Work (%)
(2002)[137] ('000s)
('000s)
Ages
838,800 109,700 13.1 109,700 13.1 60,500 7.2
5–11
Ages
12– 360,600 101,100 28.0 76,000 21.1 50,800 14.1
14
Ages
1,199,400 210,800 17.6 186,300 15.5 111,300 9.3
5–14
Ages
15– 332,100 140,900 42.4 59,200 17.8 59,200 17.8
17
Primary causes
International Labour Organisation (ILO) suggests poverty is the greatest
single cause behind child labour.[15] For impoverished households, income
from a child's work is usually crucial for his or her own survival or for that
of the household. Income from working children, even if small, may be
between 25 to 40% of this household income. Other scholars such as Harsch
on African child labour, and Edmonds and Pavcnik on global child labour
have reached the same conclusion.
Lack of meaningful alternatives, such as affordable schools and quality
education, according to ILO, is another major factor driving children to
harmful labour. Children work because they have nothing better to do.
Many communities, particularly rural areas where between 60–70% of
child labour is prevalent, do not possess adequate school facilities. Even
when schools are sometimes available, they are too far away, difficult to
reach, unaffordable or the quality of education is so poor that parents
wonder if going to school is really worth it.
Cultural causes
In European history when child labour was common, as well as in
contemporary child labour of modern world, certain cultural beliefs have
rationalized child labour and thereby encouraged it. Some view that work
is good for the character-building and skill development of children. In
many cultures, particular where informal economy and small household
businesses thrive, the cultural tradition is that children follow in their
parents' footsteps; child labour then is a means to learn and practice that
trade from a very early age. Similarly, in many cultures the education of
girls is less valued or girls are simply not expected to need formal
schooling, and these girls pushed into child labour such as providing
domestic services.
Agriculture deploys 70% of the world's child labour. Above, child worker
on a rice farm in Vietnam.
Macroeconomic causes
Biggeri and Mehrotra have studied the macroeconomic factors that
encourage child labour. They focus their study on five Asian nations
including India, Pakistan, Indonesia, Thailand and Philippines. They
suggest that child labour is a serious problem in all five, but it is not a new
problem. Macroeconomic causes encouraged widespread child labour
across the world, over most of human history. They suggest that the causes
for child labour include both the demand and the supply side. While
poverty and unavailability of good schools explain the child labour supply
side, they suggest that the growth of low paying informal economy rather
than higher paying formal economy is amongst the causes of the demand
side. Other scholars too suggest that inflexible labour market, sise of
informal economy, inability of industries to scale up and lack of modern
manufacturing technologies are major macroeconomic factors affecting
demand and acceptability of child labour.
Child labour is still common in many parts of the world. Estimates for
child labour vary. It ranges between 250 to 304 million; if children aged 5–
17 involved in any economic activity are counted. If light occasional work
is excluded, ILO estimates there were 153 million child labourers aged 5 –14
worldwide in 2008. This is about 20 million less than ILO estimate for child
labourers in 2004. Some 60 percent of the child labour was involved in
agricultural activities such as farming, dairy, fisheries and forestry.
Another 25 percent of child labourers were in service activities such as
retail, hawking goods, restaurants, load and transfer of goods, storage,
picking and recycling trash, polishing shoes, domestic help, and other
services. The remaining 15 percent laboured in assembly and
manufacturing in informal economy, home-based enterprises, factories,
mines, packaging salt, operating machinery, and such operations. Two out
of three child workers work alongside their parents, in unpaid family work
situations. Some children work as guides for tourists, sometimes combined
with bringing in business for shops and restaurants. Child labour
predominantly occurs in the rural areas (70%) and informal urban sector
(26%).Contrary to popular beliefs, most child labourers are employed by
their parents rather than in manufacturing or formal economy. Children
who work for pay or in-kind compensation are usually found in rural
settings, than urban centers. Less than 3 percent of child labour aged 5 –14
across the world work outside their household, or away from their parents.
Child labour accounts for 22% of the workforce in Asia, 32% in Africa, 17%
in Latin America, 1% in US, Canada, Europe and other wealthy
nations. The proportion of child labourers varies greatly among countries
and even regions inside those countries. Africa has the highest percentage
of children aged 5–17 employed as child labour, and a total of over 65
million. Asia, with its larger population, has the largest number of children
employed as child labour at about 114 million. Latin America and
Caribbean region has lower overall population density, but at 14 million
child labourers has high incidence rates too.
Cocoa production
Main articles: Children in cocoa production and Harkin-Engel Protocol
In 1998, UNICEF reported that Ivory Coast farmers used enslaved children –
many from surrounding countries, In late 2000 a BBC documentary
reported the use of enslaved children in the production of cocoa—the main
ingredient in chocolate— in West Africa. Other media followed by reporting
widespread child slavery and child trafficking in the production of cocoa. In 2001,
the US State Department estimated there were 15,000 child slaves cocoa, cotton
and coffee farms in the Ivory Coast,[96] and the Chocolate Manufacturers
Association acknowledged that child slavery is used in the cocoa harvest [not
in citation given][better source needed]
Malian migrants have long worked on cocoa farms in the Ivory Coast, but in
2000 cocoa prices had dropped to a 10-year low and some farmers stopped
paying their employees. The Malian counsel had to rescue some boys who
had not been paid for five years and who were beaten if they tried to run
away. Malian officials believed that 15,000 children, some as young as 11
years old, were working in the Ivory Coast in 2001. These children were
often from poor families or the slums and were sold to work in other
countries. Parents were told the children would find work and send money
home, but once the children left home, they often worked in conditions
resembling slavery. In other cases, children begging for food were lured
from bus stations and sold as slaves. In 2002, the Ivory Coast had 12,000
children with no relatives nearby, which suggested they were trafficked,
likely from neighboring Mali, Burkina Faso and Togo.
The cocoa industry was accused of profiting from child slavery and
trafficking. The European Cocoa Association dismissed these accusations
as "false and excessive" and the industry said the reports were not
representative of all areas. Later the industry acknowledged the working
conditions for children were unsatisfactory and children's rights were
sometimes violated and acknowledged the claims could not be ignored. In
a BBC interview, the ambassador for Ivory Coast to the United Kingdom
called these reports of widespread use of slave child labour by 700,000
cocoa farmers as absurd and inaccurate.
In 2001, a voluntary agreement called the Harkin-Engel Protocol, was accepted
by the international cocoa and chocolate industry to eliminate the worst
forms of child labour, as defined by ILO's Convention 182, in West Africa. This
agreement created a foundation named International Cocoa Initiative in
2002. The foundation claims it has, as of 2011, active programs in 290 cocoa
growing communities in Côte d'Ivoire and Ghana, reaching a total
population of 689,000 people to help eliminate the worst forms of child
labour in cocoa industry. Other organisations claim progress has been
made, but the protocol's 2005 deadlines have not yet been met
FIREWORKS MANUFACTURE
The town of Sivakasi in South India has been reported to employ child
labour in the production of fireworks. In 2011, Sivakasi, Tamil Nadu was
home to over 9,500 firecracker factories and produced almost 100 percent
of total fireworks output in India. The fireworks industry employed about
150,000 people at an average of 15 employees per factory. Most of these
were in unorganised sector, with a few registered and organised
companies.
In 1989, Shubh Bhardwaj reported that child labour is present in India's
fireworks industry, and safety practices poor. Child labour is common in
small shed operation in the unorganized sector. Only 4 companies scaled
up and were in the organised sector with over 250 employees; the larger
companies did not employ children and had superior safety practices and
resources. The child labour in small, unorganised sector operations
suffered long working hours, low wages, unsafe conditions and tiring
schedules.
A more recent 2002 report by International Labour Organisation
claims that child labour is significant in Tamil Nadu's fireworks, matches
or incense sticks industries. However, these children do not work in the
formal economy and corporate establishments that produce for export. The
child labourers in manufacturing typically toil in supply chains producing
for the domestic market of fireworks, matches or incense sticks. The ILO
report claims that as the demand for these products has grown, the formal
economy and corporate establishments have not expanded to meet the
demand, rather home-based production operations have mushroomed.
This has increased the potential of child labour. Such hidden operations
make research and effective action difficult, suggests ILO.
SILK MANUFACTURE
A 2003 Human Rights Watch report claims children as young as five years
old are employed and work for up to 12 hours a day and six to seven days
a week in silk industry. These children, claims, are bonded labour; even
though the government of India denies existence of bonded child labour,
these silk industry child are easy to find in Karnataka, and Tamil Nadu,
claims Children are forced to dip their hands in scalding water
to palpate the cocoons and are often paid less than Rs 10 per day.
In 2010, a German news investigative report claimed that in states
like Karnataka, non-governmental organisations had found up to 10,000
children working in the 1,000 silk factories in 1998. In other places,
thousands of bonded child labourers were present in 1994. But today, after
UNICEF and NGOs got involved, child labour figure is drastically lower,
with the total estimated to be fewer than a thousand child labourers. The
released children were back in school, claims the report.
CARPET WEAVING
Siddartha Kara finds about 20% of carpets manufactured in India could
involve child labour. He notes, "determining the extent to which the hand-
made carpet supply chain from India to the U.S.A. is tainted by slavery and
child labor requires an additional exercise in supply chain tracing." Kara's
study also finds variation in child labour practices between ethnic and
religious groups. Kara and colleagues report highest level of child labour in
Muslim community carpet operations, and the presence of debt bonded
child labourers in Muslim villages.
DOMESTIC LABOUR
Official estimates for child labour working as domestic labour and in
restaurants is more than 2,500,000 while NGOs estimate the figure to be
around 20 million. The Government of India expanded the coverage of The
Child Labour Prohibition and Regulation Act and banned the employment
of children as domestic workers and as workers in restaurants, dhabas,
hotels, spas and resorts effective from 10 October 2006.
COAL MINING
Despite laws enacted in 1952 prohibiting employment of people under the
age of 18 in the mines primitive coal mines in Meghalaya using child
Labour were discovered and exposed by the international media in 2013.
NON-GOVERNMENTAL ORGANISATIONS
Many NGOs like Bachpan Bachao Andolan, CARE India, Talaash
Association Child Rights and You, Global march against child labour, RIDE
India etc. have been working to eradicate child labour in India.
Pratham is India's largest non-governmental organisation with the mission
'every child in school and learning well.' Founded in 1994, Pratham has
aimed to reduce child labour and offer schooling to children irrespective of
their gender, religion and social background. It has grown by introducing
low cost education models that are sustainable and reproducible. Child
labour has also been a subject of public interest litigations in Indian courts.
Abbreviation ILO
Formation 1919
Type UN agency
Website www.ilo.org
MEMBERSHIP
ILO member states
As of 2013, 185 of the 193 member states of the United Nations are members of the
ILO. The UN member states which are not members of the ILO
are Andorra, Bhutan, Liechtenstein, Micronesia, Monaco, Nauru, North Korea and Tonga.
The ILO constitution permits any member of the UN to become a member
of the ILO. To gain membership, a nation must inform the Director-General
that it accepts all the obligations of the ILO constitution.
Members of the ILO under the League of Nations automatically became
members when the organization's new constitution came into effect after
World War II. In addition, any original member of the United Nations and
any state admitted to the U.N. thereafter may join. Other states can be
admitted by a two-thirds vote of all delegates, including a two-thirds vote
of government delegates, at any ILO General Conference.
POSITION WITHIN THE UN
The International Labour Organization (ILO) is a specialized agency of
the United Nations (UN). As with other UN specialized agencies (or
programmes) working on international development, the ILO is also a
member of the United Nations Development Group.
ISSUES
FORCED LABOUR
The ILO has considered the fight against forced labour to be one of its main
priorities. During the interwar years, the issue was mainly considered a
colonial phenomenon, and the ILO's concern was to establish minimum
standards protecting the inhabitants of colonies from the worst abuses
committed by economic interests. After 1945, the goal became to set a
uniform and universal standard, determined by the higher awareness
gained during World War II of politically and economically motivated
systems of forced labour, but debates were hampered by the Cold War and
by exemptions claimed by colonial powers. Since the 1960s, declarations of
labour standards as a component of human rights have been weakened by
government of postcolonial countries claiming a need to exercise
extraordinary powers over labour in their role as emergency regimes
promoting rapid economic development.
Children in conflict with law are juveniles who have allegedly committed a
crime under the Indian Penal Code. The ICPS also recognizes a third
category of children; Child in contact with law. These children are victims
of or witnesses to crimes. ICPS lastly outlines that vulnerable children
groups also include but are not limited to the following: "children of
potentially vulnerable families and families at risk, children of socially
excluded groups like migrant families, families living in extreme poverty,
scheduled castes, scheduled tribes and other backward classes, families
subjected to or affected by discrimination, minorities, children infected
and/or affected by HIV/AIDS, orphans, child drug abusers, children of
substance abusers, child beggars, trafficked or sexually exploited children,
children of prisoners, and street and working children."
CHILDREN IN NEED OF CARE AND PROTECTION IS DEFINED AS A CHILD
WHO :
Resides with a person(s) who has threatened to harm them and is likely to
carry out that threat, harmed other children and hence is likely to kill,
abuse or neglect the child.
Has a parent or guardian deemed unfit or unable to take care of the child.
The above figures show that the larger number of about 29 percent
constitutes Children in the age between 0-5 years. The share of Children (0-
6 years) in the total population has showed a decline of 2.8 points in 2011,
compared to Census 2001. The children's population (0-18) is 472 million.
Age group VS Gender of India’s Children *
The number of boys has dropped 2.42 per cent and that of girls 3.80 per
cent. Population (0-6 years) 2001-2011 registered minus (-) 3.08 percent
growth with minus (-) 2.42 for males and -3.80 for females. The proportion
of Child Population in the age group of 0-6 years to total population is 13.1
percent while the corresponding figure in 2001 was 15.9 percent. The
decline has been to the extent of 2.8 points.
1
State wise details of working children in the age group of 5-14 years as
per Census
2001 and Census 2011 are as under:
working children in the age
group of 5-14 years
Census 2001 Census 2011
1. Andaman & Nicobar Island 1960 -999
2. Andhra Pradesh 1363339 -404851
3. Arunachal Pradesh 18482 -5766
4. Assam 351416 -99512
5. Bihar 1117500 -451590
6. Chandigarh U.T. 3779- 3135
7. Chhattisgarh 364572 - 63884
8. Dadra & Nagar H. 4274- 1054
9. Daman & Diu U.T. 729 -774
10. Delhi U.T. 41899- 26473
11. Goa 4138 -6920
12. Gujarat 485530- 250318
13. Haryana 253491- 53492
14. Himachal Pradesh 107774- 15001
15. Jammu & Kashmir 175630 -25528
16. Jharkhand 407200 -90996
CHILD PROTECTION
Prevention Intervention Rehabilitation
Child Rights?
The purpose of the UNCRC is to outline the basic human rights that should be
afforded to children. There are four broad classifications of these rights.
These four categories cover all civil, political, social, economic and cultural
rights of every child.
Emerson, Patrick M., and André Portela Souza. "Is Child Labour
Harmful
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