Why Child Labour as an Institution Persists?

Sarbeswar Sahoo

Children have the right to be protected from economic exploitation and from performing
hazardous work (Article 32 of UN convention on the rights of the Child)
Affecting 250 million children today, child labour is a massive problem confronting the
World Community. The practice of child labour is a critical link in the chains that spread
illiteracy, suppress women, spur overpopulation, intensify discrimination, and perpetuate
poverty, UN: Global March against child labour.

In our country the issue of child labour like many others has trouble the policy makers,
academics, civil society and concerned individual citizens. Recent notification on the ban of
child labour working in domestic and hospitality sector, by the Ministry of labour and
Employment, Government of India has brought mixed response from those who are engaged
for the cause of children and their right. Most of them are skeptic about its effectiveness and
termed it as an opportunistic play by the Government by saying that it is aimed at protecting
the government than the children. There may be doubt regarding its effectiveness but it has
to be accepted that it at least will create some awareness regarding the issue of child labour
which has remain limited to a few. It is just the beginning and miles has to be covered to
completely eliminate the child from selling its labour in the market. To achieve this, a
serious study on the root causes of child labour is to be made. Why child labour as an
institution in developing countries is pervasive compared to the Developed Countries?
Further within the Developing countries who form the pool of child labour? What is their
caste and class Background? Lets examine.

As a responsible citizen if we think seriously, as we do for our own children, children

working in the labour market are a gross violation of their human rights. As children like
their counterparts in better families has the right to enjoy childhood, right to live, right to
education. Unfortunately more than 16.4 million Indian children aged 5-14 years were
engaged in economic activities and domestic non-remunerative work (NSSO, 2000) to earn a
livelihood for them and their family. They being children are exploited and abused in many
ways by their employers. They are also denied the basic minimum rights like food, shelter
and clothings.We will find many of such children on the red lights of the major urban areas.
The pathetic conditions of children can be read from their appearance and looks .In a
discussion with the volunteers of AID-INDA, an NGO of Delhi chapter who works for the
street children revealed that these children lives beneath the fly-over do not have sufficient
clothes, blankets, chappals and other sundries to support their live in extreme climates in
Delhi. Lack of access to water force them to remain abstain from taking bath regularly.
Condition of the hair of the children reflects their woe due to lack of water. They even dont
brush their teeth for many days. These children are also falls prey to evils like gambling,
narcotics, prostitution. These children are basically engaged in begging, selling pirated
books, new paper,flower,cleaning vehicles etc.They enjoy more freedom compared to those
who work under an employers in hotels,restaurants,inside the home. There are many children
self employed like vegetable vendor,barber,cobbler automobile mechanic etc. and so on.
Children and child labour in urban India however constitute of one tenth of total child
labour.Most of them are seen in the agrarian sector. International Organisation like UNICEF,
ILO has much earlier realized the plight of children and initiated rules and regulation to
protect the right of the children. They have formulated conventions to eliminate child labour,
to be ratified by the member countries.
Government of India also enacted the Child labour (Prohibition and Regulation) Act, 1986 to
prevent children working in hazardous area. Over the period of time, number of Civil Society
Organisation like Child Right and You (CRY), Haq etc. to address the problem children
India. Besides this government of India through the NCLP, aided by ILO is working towards
rehabilitating the child labour across the country. Despite of all this, child labour as an unjust

institution is pervasive in our economy and especially in the urban India it is growingly
becoming indispensable for the middle and upper middle classes. Why this is so? Where we
have missed ?According to Ingrid Srinath,CEO of CRY, this is because we have fail to
address

the

underlying

causes

of

depriviation.Causes

related

to

gender,caste,ethnicity,religion, and class keeps 100 million Indian children hungry,

unschooled and vulnerable to the worst forms of abuse and exploitation unimaginable. 1In this
rambling note an attempt is made to understand the underlying causes behind the persistence
of the unjust institution of child labor in India. Before doing so it will be pertinent to have a
brief profile about the childrens in India.
Who is a child labour?
There is disagreement regarding the size of the children working in India. Much of the
confusion is there regarding the definition of who is a child? The most accepted definition of
child labour is one who is in between the age of 4 to 14, who is working for wage in the
labour market.
Who is a child and who is a child labour?
A child according UN Convention on the right of the child, children are as person below the
age of 18.Census of India consider individuals below the age of 14 as childrens.if we accept
this definition, India have more than 70 millions as children(VVGNLI). Those children out
of this work for a wage in the labour market rural or urban are defined as child labour.Around
twenty five percent of children are child labour.
Realising the dilapidated conditions of children in general and child labour in particular in
the under developed countries, UN nations drafted the Convention on the rights of child for
its member countries to be ratified.(November 20,1989).On January 26,1990,the opening day
of the session,61 countries signed it. It came in to force on September 2, 1990 with 20
ratifications. It covers all the children under the age of 18 years, regardless of sex, colour,
language, religion or race. India ratified CRC in 1992.
Most of the children excluding a few among the privileged are denied of their right. Further
the girl child among the children are worst because the child has a lower status in Indian
society who enjoys a fewer rights, opportunities and benefits of child hood as compared to
1

Srinath I,(29th August2006), Child Labour ban not good enough in www.indiatogether.org

the boy-child. Not all deprived children are child labour but are potential to be child
labour.There are about 74.4 million children according to a study done by V.V.Giri National
Labour Institute, who are neither enrolled in school nor accountable for in the labour force.
The 45 percent children out of school are also protective child labour.These children are also
denied of their rights can be categorized as follows;

Child labour

Street Children

Children under prostitution

Children of construction workers

Children of migrant workers

Children with disabilities

Juvenile delinquent

Size of child labour in India

There is no exact data on child labour, there is variation in reporting .Some report says it is
around 40 million, out of which one millions are in the urban area and the rest are in the rural
area. Following table drawn from various sources gives a brief idea about the size of child
labour in India.
Policies to eliminate child labour in India:
Government as the principal candidate has initiated a number of policies to tackle the
problem of child labour in India. Government has formulated a number of legislation to take
care of the issue of child labour in India.
Size and Structure of Child Labour in India
India has the largest number of child labour in the world. There is a variation in the
estimation of the size of the child labour. Estimation of child labour by different organization
as follows;
The size of child labour will be clear from the following tables drawn from various sources.
Data on child labour is enumerated by agencies like census, National sample survey, some
times ministry of Human Resource Development also conduct survey of estimating the

number of child labour in India. As seen from the following table (Table-1) the size of total
child labour in the year 1951 as per the census was 13387144, which has increased to
23161013 in the year 1991.On the other hand NSS which collects data for children of the age
group 5-14, the number in has increased from 11339526 in 1951 to 24449047 in 1991.Sl.no 3
of the table shows the children who neither works nor attends schools. Census which collects
data of 0-14 age groups, estimates this number was 49700129 in 1951 and has increased to
10498822 where as NSSO estimates it as 52997224 in 1951 which has increased to
57554833.Children under this non-worker and non-students categories are very much likely
to add the existing pool of child labour. They are the potential child labour. These children
are out of school may due to be lack of sufficient, attractive, non-discriminating, nonexclusive schools available in our country.
Table-1: Estimated Number of Child Labour in India (1951, 1961, 1971, 1981 & 1991)
Full Time Child
Workers
1. Census data based

1951

1961

1971

1981

1991

estimates (0-14 Yrs.)

NSS data based

13387144

14469775

10664018

11195544

12669909

estimates (5-14 Yrs.)

2. Non-workers &

11339526

13777443

16330000

16166330

13950225

estimates
MHRD & NSS data

49700129

64914609

89482123

89541313

97659410

based estimates
3. Child Marginal

52997224

41123492

64092259

77352410

57554833

NA

NA

NA

2445329

10498822

Non-students (5-14
Yrs.)
Census data based

workers census
estimates 1981 & 1991
4. Estimates of total
child workers
5

Census data based

estimates

13387144

14469775

10753985

13640873

23161013

NSS data based

estimates
11339526
13299910
16330000
18611659 24449047
Source: Statistics on Children in India, Hand Book 1998, National Institute of Public
Cooperation and Child Development & Census of India, 1951,1961,1971,1981 & 1991.
Abbr.: NA: Not Available.
Note: (i): 1981 NSS Estimates of Full-time Child Workers is taken from 1983 Work
Participation Rates.
(ii): For 1991 NSS Estimates July to December, 1991 P. Work Participation Rates from
47th Round have been used.
(iii): NSS based Child Workers estimates are calculated from NSS Participation Rates.
(IV): 1971 NSS estimates of full time child workers is as given by NSS Table for 197173.
(V): Full Time Child Workers Census data is approximated from MHRD data & NSS
estimates respectively.
(vi): 1951 NSS estimates of child workers are based on 1960-61 participation rates
because 8th Round Female

child labour participation rates are high at 12.5% of the females

for rural areas.

Table- 2 shows the detail break-up of child labour for urban and rural area during the period
1961 to 2000. According to the census the size of rural child labour was all the time higher
compared to the urban area. In the year 1961 it was 13.72 million compared to0.81 million in
the urban areas. In the year 1981 it was 12.55 million for the rural area compared to 1.05
million.

Table-2: Estimates of Child Labour (1961- 2000 in million)

Rural
Mal Fem
Source
Census 1961

Rural

Urban
Mal Femal Urban

Grand

Age group
0-14*
5-9*
10-14*
14-May

e
8.16
0.8
7.36
8.16

ale
5.56
0.52
5.04
5.56

Total
13.72
1.32
12.4
13.72

e
0.58
0.03
0.55
0.58

e
0.23
0.01
0.22
0.23

Total
0.81
0.04
0.77
0.81

Total
14.53
1.36
13.77
14.53

9-May
14-Oct
14-May

0.88
7.78
8.66

0.63
5.75
6.38

1.51
13.53
15.04

0.05
0.8
0.85

0.03
0.41
0.44

0.08
1.21
1.29

1.59
14.74
16.33

NSS (1972-73) (27th

Round) (Usual
Status)
NSS (March
1978**)

9-May 0.88 0.63

1.51 0.05
0.05
0.1
14-Oct 7.96 5.21
13.77 0.94
0.53
1.47
14-May 8.84 5.84
14.68 0.99
0.58
1.57
Census 1981
0-14 7.34 5.21
12.55 0.76
0.29
1.05
9-May
0.9 0.64
1.54 0.06
0.06
0.12
14-Oct
8.4 5.59
14.03 1.07
0.6
1.67
14-May 9.34 6.23
15.57 1.13
0.66
1.79
1985
14-May
1990
14-May
2000
14-May
Source: Statistics on Children in India, Hand Book 1998, National Institute of Public

1.62
14.62
16.25
13.59
1.66
15.7
17.36
17.58
18.17
20.25

Cooperation and Child Development.

Note : Estimates for the quinquential age-group are based on as special study vide Appendix
V of the report of the expert committee on estimates of unemployment planning commission
1970. Projections for 1978 and 1983,1985,1990,2000 based on usual status rates of NSS 2nd
round (1977-78)

Table 3 shows state wise data for on the percentage child labour by sex in India for the period
1961,1971,1981,1991. In all the except Manipur, Sikkim, Nagaland, percentage of female

child labour is higher compared to the male. Overall percentage of child labour is higher in
states like Andhra. The percentage of child labour however has decline over the time period
for all the states.
Table-3 State-wise Percentage of Child Labour by Sex in India (1961, 1971, 1981 &
1991)
States
Andhra

1961
Male Female

1971
Male Female

1981
Male Female

1991
Male Female

Pradesh
Assam
Bihar
Gujarat
Haryana
Himachal

15.7
7.8
9.6
7.3
(9)

11.2
6.4
5.9
6.6
(9)

11.8
6.0
6.7
6.2
5.0

6.6
0.1
1.9
2.6
0.6

9.8
4.5
4.7
4.0

7.2
1.6
2.2
1.1

9.3
4.6
4.6
4.0

7.2
1.6
2.2
1.1

Pradesh
Jammu &

12.1

18.1

4.3

5.8

2.9

4.3

3.0

4.6

Kashmir
Karnataka
Kerala
Madhya

1.7
11.9
2.2

6.3
8.2
1.9

6.1
9.3
1.4

0.9
3.7
1.2

6.8
8.3
0.8

1.9
4.9
0.8

8.1
0.8

5.1
0.8

Pradesh
11.8
10.8
8.0
4.1
Maharashtra
8.6
8.8
5.7
3.7
Manipur
3.2
7.6
3.3
3.9
Meghalaya
8.0
5.8
Nagaland
13.9
16.6
6.1
8.0
Orissa
12.3
6.6
9.1
1.5
Punjab
7.9
3.8
7.7
0.1
Rajasthan
13.6
12.1
7.4
2.7
Sikkim
23.1
25.4
19.5
19.3
Tamil Nadu
9.3
6.7
6.2
2.9
Tripura
5.2
3.3
4.2
0.8
Uttar Pradesh
8.6
4.1
5.5
1.4
West Bengal
5.0
1.2
4.7
0.7
All India
9.4
6.6
6.6
2.6
Source: Census of India 1961, 1971, 1981 & 1991.

7.4
5.6
2.6
8.0
4.5
7.4
5.2
5.3
5.3
5.7
3.4
4.3
4.0
5.5

5.3
4.9
3.7
5.8
5.8
2.4
0.3
2.7
7.4
4.5
1.4
0.9
0.9
2.8

7.4
5.1
7.5
5.1
5.8
5.4
5.1
3.9
2.9

5.5
4.7
2.6
0.3
3.1
4.4
4.4
1.0
1.6

Note: Percentage from total child population.

Table four shows the state wise number of children starting from the year 1971 to
2001.Trend shows that the number of child labor has declined up to 1991 for all the states;
the trend is same for the whole economy. This may be to a decline in the number of people
below poverty line. But in the census 2001 the number of children working for an wage has
increased for majority of the state including the whole economy. Their number was 11285349
in 1991,which has increased to 12591667.This may be due to the implementation of the
LPG strategy which reduced social sector spending by the state, increased
unemployment and poverty by down sizing the public sector. On the other hand there is
growth of industrialization in the private sector. Private entrepreneur took the
advantage of flexible labour laws to use the children in their factory. We can quote the
view of such an entrepreneurs made during the Industrial revolution in Britain in the
17th century.
In the early days of the industrial revolution, inventors were often very forthright about the
aims of their innovations. The co inventor of the roller spinning machine, English mechanic
John Wyatt, promoted it as a way for textile factories to downsize their labor forces. The
contraption was so easy to run, Wyatt said, that businesses didn't need as many skilled
craftspeople with spinning wheels; they could get by with children instead. "Adopting the
machine, a Clothier formerly employing a hundred spinners might turn off thirty of the best
of them but employ an additional ten infirm people or children," he wrote in 1741. The
British attorney general was won over and, in granting a patent, noted how "even Children of
five or six Years of age" could operate the machine.
The mindset of the contemporary Indian industrialist is in fact well matching to that of John
Wyatt of 18th century which may have increased the number of children in the post
liberalization period2

Kaushik Basu October 2003, The Economics of Child Labor Scientific American Magazine.

TABLE-4 State-wise Distribution of Working Children in India (2001Cenus)

Percentage
(census
State/Us
Andhra Pradesh
Assam
Bihar
Chhatisgarh
Gujarat
Haryana
Himachal Pradesh
Jammu and Kashmir
Jharkhand
Karnataka
Kerala
Madhya Pradesh
Maharashtra
Manipur
Meghalaya
Nagaland
Orissa
Punjab
Rajasthan
Sikkim
Tamil Nadu
Tripura
Uttar Pradesh
Uttaranchal
West Bengal
Andaman and Nicobar

1971
1627492
239349*
1059359
518061
137826
71384
70489
808719
111801
1112319
988357
16380
30440
13726
492477
232774
587389
15661
713305
17490
1326726
511443

1981
1951312
**
1101764
616913
194189
99624
258437
-1131530
92854
1698597
1557756
20217
44916
16235
702293
216939
819605
8561
975055
24204
1434675
605263

1991
1661940
327598
942245
523585
109691
56438
**
976247
34800
1352563
1068418
16493
34633
16467
452394
142868
774199
5598
578889
16478
1410086
-711691

Islands
Arunachal Pradesh
Chandigarh
Dadra and Nagar Haveli
Delhi
Daman and Diu
Goa
Lakshadweep
Mizoram

572
17925
1086
3102
17120
7391
97
***

1309
17950
1986
3615
25717
9378
-56
6314

1265
12395
1870
4416
27351
941
4656
34
16411

2001
1363339
351416
1117500
364572
485530
253491
107774
175630
407200
822615
26156
1065259
764075
**
53940
**
377594
177268
1262570
16457
418801
21756
1927997
70183
857087
1960
18482
3779
4274
41899
729
4138
27
26265

2001)
10.83
2.79
8.87
2.89
3.85
2.01
0.85
1.39
3.23
6.53
0.21
8.46
6.07
-0.43
-3.00
1.41
10.03
0.14
3.33
0.17
15.31
0.56
6.81
0.01
0.15
0.04
0.04
0.33
0.01
0.03
0.00
0.21

10

Pondicherry
3725
3606
2680
1904
0.01
India
10753985 13640870 11285349
12591667
100.00
Source: Census of India (Borrowed from V. V. Giri National Labour Institute, Noida)
Notes: Includes figures of Mizo district also which then formed part of Assam, Census could
not be conducted, Census figures 1971in respect of Mizoram included under Assam Figures
for 1991 and 2001 relate to workers for age group 5-14 years State-wise Distribution of
Working Children According to 2001Census.

11

Growth of child labour since 1971 from the above data for the Indian economy is depicted
with help of the following graph. The graph is showing a declining trend from 1981 to 1991
and an increasing trend thereafter.

Legal and Financial measure to eliminate Child labour

Child labour is a global phenomena and its concentration is more among developing and
underdeveloped countries. In 2000, according to the International Labor Organization (ILO),
186 million children between the ages of five and 14-roughly one in six children-were illegal
laborers, mostly in developing nations. Of these, 111 million did hazardous work, such as
mining, construction and hard farm labor, with lifelong consequences for their health. Some
eight million were slave laborers, child soldiers or prostitutes. (Basu,2003) As observed the
number of child labour is very high in India. Not only their number is high they are
exploited, abused. As many as 2 million children are employed in hazardous areas. To protect
the right of children international agencies as well as respective government initiated a
number of legal as well as financial measures to tackle the problem of child labour. UN and
ILO have initiated a number of conventions to protect the child labour. In our country
government has also has made provision to protect the right of child as well as child labour.

12

ILO convention 182- calls for all the member states to eliminate the worst form of child
labour including children engaged in prostitution or pornography; debt bondage, trafficking,
or forced in to armed conflicts; production and trafficking of drugs; and work that harms the
health, safety and moral of the child.
Child labour (prohibition and Regulation) Act, 1986 to ban children under the age of 14 from
working in hazardous areas where it has identified more than 50 woks as hazardous. Recently
working in residences and in the hospitality sector. There are other acts like than factories act
which also prohibits children to undertake work before they attain the age of 14
According to Article 23 of constitution of India, no child below the age of 14 must be
employed in a factory or mine or engaged in any other hazardous employment. Article 45
says that the state will provide free and compulsory education to children up to the age of
14.Article 15 affirms the right of the state to make special provision for women and children,
Article 39(e) of the directive principles of state policy provides that children of the tender age
should not be abuses and than t they should not be forced by economic necessarily to enter in
to vocation not suited to their age and strength; Article 39(f) requires children to be given
opportunities and facilities to develop in a healthy manner and in conditions of freedom and
dignity and that childhood and youth to be protected against exploitation and moral and
material abandonment; Article 45 of the Directive Principles of state policy provides free
and compulsory education for all children until they complete the age of 14.
Prior to the fifth five year plan, the governments focus was on child welfare, through the
promotion of the basic minimum services for the children. This culminated in the adoption of
national Policy for the children in 1974.
The fifth Five year plan (1974-79) saw a shift of focus from welfare to development, and the
integration and coordination of services after the launch of the integrated Child Development
Services, 1975.
The Sixth Five year plan was the period of strengthening child welfare and development. It
led to the spatial expansion and enrichment of child development services through a variety
of programmes.

13

The focus of the Eighth Five year plan period (1992-97) shifted the focus to human
development through advocacy, mobilization and community empowerment. The
government of India has declared its commitment to every child in the Ninth Five year plan
(1997-2002).
But despite of these laws, policies and commitments, what is the actual situation of Indias
children vis--vis health, education, early childhood care and protection? 3
Legal and programmatic commitments have to be matched by financial commitments, as
reflected in the national and provincial budgets. Government has initiated the National Child
labour policy in 1987.This policy was adopted to deal with the a situation where children
work, or are compelled to work on a regular or continuous basis, to earn a living for
themselves or their families. The policy encourages Voluntary Organizations to take up nonformal education, vocational training, health care, nutrition and education for working
children. Based on the policy, the National child labor projects (NCLP) were launched for the
first time in 1998 in areas of high concentration of child labour. During 1999-2000, 91 child
labour projects have

been sanctioned in child labour endemic states. Government is also

allocating fund on continuous basis for implementing these projects. Following table shows
the state-wise allocation of funds during the period 2000-2001 to 2004-05 for national child
labor projects. The share of Andhra Pradesh has highest of 232.2 crores in the year 2004-05
followed by Orissa, Uttar Pradesh and Tamil Nadu. Total funds allocated for NCLP has
increased from 368.3 crores in 2000-01 to 813.3 crore in 2004-05.
Table-5 State-wise Allocation of Funds under Scheme of National Child Labour Projects
(NCLPs) in India (2000-2001 to 2004-2005) (Rs. in Lakh)

States
Andhra Pradesh
Bihar
Chhatisgarh
Jharkhand
3

2000-01
118.33
190.74
0
0

2001-02
1657.67
95.02
105.66
174.59

2002-03
1730.99
150.38
187.05
164.78

2003-04
1693.16
205.36
168.47
182.87

2004-05
2322.21
282.06
230.81
192.86

Children, Background and perspective in www.infochangeindia.org

14

Karnataka
Madhya Pradesh
Maharashtra
Orissa
Punjab
Rajasthan
Tamil Nadu
Uttar Pradesh
West Bengal
Total

97.44
184.11
38.19
765.21
59.96
180.41
301.71
336.23
345.15
3683.48

211.47
101.29
56.41
1232.13
114.64
309.39
655.72
766.99
521.32
6002.3

296.35
150.4
134.26
337.1
187.54
337.1
749.15
841.74
500.77
5767.61

320.57
134.99
102.24
1132.67
239.37
352.07
746.58
759.12
456.21
6493.68

331.01
445.21
168.48
1312.64
184.05
443.04
724.63
754.15
742.36
8133.51

Source: Rajya Sabha Unstarred Question No. 3785, dated 28.04.2005.

Some part of the footnotes/units may not be applicable for this table.
Compiled by Indiastat.com
Despite plethora of legal and financial measures child labour as an institution is persisting
and that to in a more exploitative and unjust manner, especially in the post globalization
period. They are working in hazardous condition. This situation of child labour in India is
compared with the child labours conditions of Britain during the industrial revolution in 17 th
century.The recent ban on the child labour in India for children working in domestic and
hospitality section is looked at with cynicism by the activists. They have pointed out the
following two reasons
1. The notification is unenforceable as the law itself. Although government has formulated
the law in the year 1986, its success can be studied from the following table which provides
information regarding the number of acquittals, prosecution and convictions under the Child
labour (Prohibition and Regulation) Act 1986 in India. In many states the number of
acquittals, prosecution and convictions is zero. The total number of acquittals was 181 in the
year 2003 and total number of , prosecution and conviction was1716 and 1162 respectively
in the year 2004-05 for the country as whole, despite of a huge size of child labour. This
shows the effectiveness of the enforcement authority.

15

Table-6 State-wise Prosecutions, Convictions and Acquittals under Child Labour

(Prohibition & Regulation) Act, 1986 in India
(2002-2003 to 2004-2005)
Acquittals
2003 up to
States/Uts
Andaman &

Prosecution
2002- 2003- 2004-

Convictions
2002- 2003- 2004-

31.05.2003 (P)

03

04

05

03

04

05

Nicobar Island
Andhra Pradesh
Arunachal

0
0

0
563

0
4870

0
1212

0
0

0
2158

0
1109

Pradesh
Assam
Bihar
Chandigarh
Chhatisgarh
Dadra & Nagar

0
0
0
0
0

0
0
354
0
104

24
12
385
0
1

*
0
259
0
*

0
0
0
0
0

0
0
0
0
0

*
*
0
0
*

Haveli
Daman & Diu
Delhi
Goa
Gujarat
Haryana
Himachal

0
0
0
3
5
0

0
0
36
0
7
11

0
0
66
0
29
38

0
0
*
0
106
13

0
0
0
4
3
23

0
0
0
0
0
18

0
0
0
0
0
3

Pradesh
Jammu and

0
0
0
0
0
0
0
0
0
0
0
20
0

42
300
1
0
35
0
0
0
0
0
1
0

17
76
0
0
0
28
17
0
0
0
0
3
0

*
*
*
*
0
54
32
0
*
0
0
*
0

0
7
56
1
0
17
0
0
0
0
0
0
0

1
1
0
0
0
66
8
0
0
0
0
0
1

*
*
*
*
0
16
4
0
*
0
0
0
0

Kashmir
Jharkhand
Karnataka
Kerala
Lakshadweep
Madhya Pradesh
Maharashtra
Manipur
Meghalaya
Mizoram
Nagaland
Orissa
Pondicherry

16

Punjab
0
0
35
2
0
23
5
Rajasthan
92
55
0
7
57
1501
15
Sikkim
0
0
0
*
0
0
0
Tamil Nadu
48
808
385
*
127
132
*
Tripura
0
0
0
*
0
0
*
Uttar Pradesh
0
321
399
31
23
0
10
Uttaranchal
13
3
0
0
4
0
0
West Bengal
0
6
0
0
0
0
0
India
181
2650
6386
1716
325
3910
1162
Source: Lok Sabha Starred Question No. 377, dated 18.08.2003 & Lok Sabha Starred
Question No. 23, dated 20.02.2006. Compiled by Indiastat.com
Note: *: Information is awaited from the state Governments. (P): Data is Provisional.

2. Second, many believes that the addition of two more kinds of work to the list of hazardous
work that already stands banned under the law is not the same as banning child labour. The
reason is simple: the new categories constitute a mere 5 percent of the 70 million child
workforce in the country. The majority of the children, 85% are in agricultural labour, which
is allowed. The distribution of child labour is clear from the following table;
Table-7 Working Children by Type of Worker Residence in India-1991
Main Workers
Marginal Workers
Total Workers
Location Male Female Person Male Female Person Male Female Person
Rural
4.96
3.17
8.13
0.5
1.63
2.13 5.46
4.8
10.26
Urban
0.7
0.25
0.95
0.3
0.05
0.08 0.73
0.3
1.03
Total
5.66
3.42
9.08
0.53
1.68
2.21 6.19
5.1
11.29
Note: Data relate to age group of 0-14 years, main workers are those who work for 183 days
or more in years
Source: Registrar general, Census of India, 1991 census
Compiled by Indiastat.com

17

3. Third and most important point as suggested by Basu and Van in their paper on The
Economics of Child labour in American Economic Review (1988) 4 has to be considered
seriously by the Government. In this paper they have argued that it is not the selfishness
pushed the children to work in the labour market. Rather it is their concerns for the
households survival in the presence of extreme poverty. Labour market in such economies
are having multiple equilibrium .In one situation children are substituted for adult and in
another there is only adult labour working with a higher wage. If ban on child labour in the
presence of poverty is implemented then it will lead to starvation. The impacts however vary
from country to country. In Ethiopia it will lose its force, where as in India it may work to
some extent. Before banning they have suggested to have a rigorous empirical investigation
of the child labour. Thus it is the poverty of the household forced the children to work.
Employer took the advantage of poverty. They suggested instead of banning child labour,
government should increase the adult wage rate and create more adult employment in the
labour market. Increase in wage and employment will help in gradual reduction in the
number of child labour. But poverty is not a cause in itself rather it is embedded in the
complex caste institution. Lets draw some insights from the new institutional economics.
The Theory: Perspective from New Institutional Economics
Despite of number of measures, why the institution of child labour being unjust and
exploitative persisting in underdeveloped countries than the developed countries. It is very
important to understand the underlying root causes behind this. One reason may be path
dependency and locking of institution which resulted in unshackling the children. The theory
of path dependency suggests that an accident of history put the economy on the path from
which it is almost impossible to diverge even tho ugh better path shows up. Economist has
chronicled hundreds of examples and Child labour an institution can also be said to be path
dependent. To break free from path dependency requires group action that involves a high
level of agreement, commitments. The natural candidate is the government. We now can
elaborate the issue of the child labour with the following proposition:
4

Basu and Van P.H.(1988), The Economics of Child Labour, American Economic Review,Vol-88,June 1988.

18

1. Path dependency and lock-in of the institution of child labour vis--vis caste
institution
Most of the child labour are Dalits (Dalits to be broader sense includes SC, ST, OBCs
and women).Institution of Child labour is a by-product of the persistence of caste
institution in Indian society which kept Dalits chronically poor, and upper caste
chronically rich. In the post liberalization period withdraw of the state has led to growth
of poverty of the dalits. Increasing poverty has forced the dalits children into work. Dalits
are the supplier of child labour and upper castes are the demander of the child labour.
This is true in the rural area also. Indian economy has path dependent on the institution of
caste which has resulted in the persistence of child labour. Institution of caste in-fact
acted as a serious impediment to innovation, technological change. A group of people
comprised of 240 millions are excluded from the active labour market on the ground of
untouchability. Not allowed exercise their choice in opting occupation. Their labour
power remained under utilized. On the other hand means of production like land in the
country side is concentrated in the hand of the upper caste who by the norms caste
institution doesnt plough. There is either tenancy or the land remain uncultivated. The
above two paradoxes of caste institution resulted in extreme inequality and hence poverty
of the dalits. The size of the cake is not increasing. Existing caste structure is perpetuating
poverty despite economic growth. There is no indication at present among the citizens to
go beyond the caste compartment. Along with globalization, a pro-feudal cattiest India is
on making, which shows little chances of breaking the path created by their predecessor.
This will have a positive impact on the growth of child labour. More and more number of
Dalit child ran will be forced to work in the labour market.
2. Second reason is the prevalence of Caste Based discriminations in Indian Society
and Schools
Most of the dalit children fall upon to child labour because of the caste base
discrimination prevails in Indian society including school. Children are more emotional
and feel the agony of discrimination and there are evidences of discrimination especially
to the sc students by the teachers and students is one of the basic reason of increasing

19

number of dropout of these children from the school. Another implicit reason not to
invest in childrens education by the dalits parents is because of discrimination in the
urban labour markets. The classic example is lower literacy rate among the girl child is
because parents consider them non-economic in the sense that they will be married after a
stipulated period. Without school they work in the fields.
3. Low monitoring and hence transaction cost
Third reason is the monitoring cost incase of children are low because of their tender age.
They are obedient and dont shriek which resulted in better productivity. Low production
and transaction cost yield comparatively higher profit to the entrepreneur compared to the
adult labour.
Conclusion
There is no doubt a growing concern over the issue of child labour among the policy
makers, civil society and academics; who in the Indian contexts are held principally from
the upper castes. Due to their upper caste back ground the wish to eliminate the
institution of child labour is not coming out from their core of the heart. So far as the
effort from among the dalit is concerned it is becoming an upper class phenomena lack of
whole hearted efforts.
Attitude towards child labour by Indians instead
of being sympathetic it is sarcastic. The way we
think it as heinous is totally opposite in the case
of user of the child labour. Most of the middle
calss in urban areas who employees children as

In my village during the Rabi season the whole

village employs herds man for grazing the
livestock during the month of July to march.
During last couple of years two children below
the age of 14 are employed for the same. One is
boy and the other is a girl. Both of them are
cousin and are held from a weaving family. Both
of them are dropped out from the school
because their parents couldnt sustain their
family because of their larger size. One family h
as six and the other has four children

domestic help, many times argue that they are

helping the child in need. Banning the child labour
had made little since as we have seen from the
data; this is because the enforcing mechanism belongs to the demander of child labour.
This ban will also have the same result. Second, existing poverty is deep rooted in the age
old exploitative caste institution; unless it is hammered, this kind of measure will be short
lived. Caste discrimination in the school is one of the reasons behind the growing dropout

20

among the dalits. Unless school environment is changed, putting the children back to
school will be not of much use. It is infect non-attractiveness of schools is one of the
reason for drop outs which forced the parents to employ them in the field especially in
the agrarian sector. Poor infrastructure, punishing and discriminating and above all a
boring school environment is the result of growing child labour?
Second growing children amidst poverty due to lack of knowledge of Family planning
has resulted in more number of children and hence more children labour.
In order to eliminate the child labour and protect the right of the child, leadership in the
form of policy makers, academics, media and civil society has to evolve from among the
dalits, as child labour are non other than Dalit Children them selves.
Suggestions and recommendations
There is no database regarding the children and child labour on the basis of social groups.
There should be enumeration regarding the caste back ground of the children on work
.This will help us to understand the issue of child labour in a more meaningful way.
References
Enakshi Ganguly Thukaral, Bharati Ali, Saloni Mathur (2004) Children, Background
and Perspective in www.infochangeindia.org/Childrenbpprint.jsp
Gentleman Amelia (2006) Ban on child labour: who will clean the houses? International
Herald Tribune.
KarabegovicA.and Clemens Jason (2005) Ending Child Labour-Bans arent the
Solution Fraser Forum.
Seker Hellen R. (2003) Towards Combating Child Labour V.V.Giri National Labour
Institute, Noida.
Sreelatha Menon (2006) Dont ban labour, give them schools in www.businessstandard.com/general/printpage.php?autono=101398.
Srinath Ingrid (2006) Child Labour ban not enough in www.indiatogether.org/cgibin/tools/pfrind.cgi

21

Sarbeswara Sahoo
Indian Institute of Dalit Studies,
New Delhi
Sarbeswara_sahoo@yahoo.com

*I am extremely grateful to Prof.S.K.Thorat, Chairperson, University Grant

Commission for his constant encouragement and suggestions, I however remain solely
responsible for the errors & omissions.

22