CHILD LABOUR

(ACT- 1986)

 Submitted

To Dr. Vidya Sekhri

Submitted

Faculty Legal Aspects Of Business.

By Vijay Kr. Sharma Vishal Jaiswal Vishal Pandey Yogendra Pratap Yuvraj Singh Harshit Kapoor

240 249 250 252 254 061

International conventions define children as aged 18 and under.

"Child labor is done by any working child who is

under the age specified by law. The word, work means full time commercial work to sustain self or add to the family income. Child labor is a hazard to a Childs mental, physical, social, educational, emotional and spiritual development. Broadly any child who is employed in activities to feed self and family is being subjected to child labor.

A child who delivers newspapers before school might actually benefit from learning how to work, gaining responsibility, and a bit of money. But what if the child is not paid or paid less? Then he or she is being exploited.

 Poverty
Family

expectations Abuse of the child Parental illiteracy Lack of education and Exposure

Article 31 of the ACRWC provides, amongst others, for a childs duty to work for the cohesion of the family, the childs duty to assist the family in times of need and the childs duty to serve his or her national community by placing his or her physical and intellectual abilities at its service.

Eliminating child labour is not as simple as prohibiting it through legislation.Children work for different reasons, such as poverty, lack of skills and training for adults, schools being far way from them, etc. Therefore, where one intends to intervene to put to an end to child labour, the surrounding circumstances of the child as a whole should be considered.

In

a case of the worst forms of child labour such as child prostitution, slavery, trafficking it is true that no compromise should be made in the protection of the concerned children. used by adults to commit crime (CUBAC) is part of the worst forms of child labour which TECL aims to eliminate. A recent South African case illustrates how this can be used to protect a child.

Children

In an unreported case of S V Mfazwe and Others ( Case number 07/06, in the CPD, 28 June 2007) the court gave recognition to the fact that the youngest accused (16 years at the time of the commission of the offence) could be seen to be a child used by an adult to commit a crime which had been classified by the International Labour Organisation as a worst form of child labour.

The Community Law Centre of the University of Western Cape made submissions to the court explaining the international law relating to CUBAC. In this high profile case , a woman had hired others to murder her boyfriends baby. They were all convicted of murder but the two youngest (both below 18 years at the time of offence) escaped the minimum sentence of life imprisonment, both received 15 year sentences.

It prohibits employment of children below 14 yrs of age. Children between 14-18 yrs can work in a factory given in case fitness certificate is granted. Restriction are also placed on their employment in certain dangerous occupations.

It prohibits employment of children below 14 yrs of age. Children between 14-18 yrs can work in a factory given in case fitness certificate is granted. Restriction are also placed on their employment in certain dangerous occupations.

Prohibition on employment of children below 14 yrs of age. An adolescent can work in part of mine if a surgeons certifies that he is fit to work as an adults. Such an adolescent can not be employed on a ground for more than 4 hours between 6am to 6pm.

 Applicable

to all tea, coffee, and rubber

plantation. It prohibits employment of children below 12years of age. A child worker can be employed between 6am to 7pm. The working hours for a child or an adolescent is 40 hours per week.

 The

act allows children above 14 years to work in shops and other unhazardous work. Working hours between 6am to 7pm. Maximum hours of work opportunity is 5hrs per day and for adolescent 7 hour per day.

 It

was enacted to eradicate the evil of pledging of the labour of young children by their parents in lieu of loans and advances. It declares such an agreement void that pledges the labour of a child below 15 yrs of age by childs parent or guardian for any payment or benefit . It makes both the contracting parties liable to fine.

 It

prohibits employment of children below 15 years In any of the occupation connected with the transport. No children between the age 15 to 17 can be employed unless he is allowed a rest interval of 12 consecutive hours in a day. It prohibits the employment of children below 14 years in workshops connected with the process of beedi making, cement manufacture, dyeing and weaving, manufacture of matches, explosives and fire works and other such hazardous industries.

 The

Act was enacted in 1986 and it repealed the earlier Act of 1938. The main aim of the Act was to abolish child labour from certain industries completely and in others where child labour would be allowed, to regulate the child labour.

Nike has been accused of using child labor in the production of its soccer balls in Pakistan. This case study will examine the claims and describe the industry and its impact on laborers and their working conditions. While Pakistan has laws against child labor and slavery, the government has taken very little action to combat it. Only a boycott by the United States and other nations will have any impact on slavery and child-based industries. Further more the U.S constitution states that child labor is an illegal and inhumane practice and any U.S. company found guilty practicing and encouraging it will be prosecuted. GATT and WTO prohibits member nations, like the United States, from discriminating against the importation of goods made by children. Are dolphins becoming more important than children? A question making WTO to reconsider the children's appeal of the third world.

In our daily life we see many small kids working around us. How many of us does actually do something for those children and help the society to eradicate CHILD LABOUR???