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“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)
INTRODUCTION
Every child has the right to receive the best that the country and community have
to offer. Every child should grow in an environment that helps him or her to live a life of
freedom and dignity, in an atmosphere that provides education and opportunities to help
the child to grow into a worthy citizen. Unfortunately, a large chunk of our child
population is forced to work, often in the most hazardous conditions. The term child
labour brings before the eyes, a picture of exploitation of little, weak tender and
underdeveloped bodies, illiteracy and physical abuse in the form of beating by employers
and fatal accidents at work sites.
The issue of child labour began to emerge in the 19th Century as a matter of
concern in Europe and in the US. This concern initially centred on the long hours and
grim conditions under which children worked. It was only in the 20th Century that child
labour was begun to be seen as a matter of global concern for all nations and people of
the world. Employment of children is a widespread phenomenon, especially in a
developing country like India. They engaged in diverse activities in family labor or as
apprentices, paid workers, or self-employed children. Most of the children falling in the
last category have to live prematurely adult lives. They work for low wages and longer
hours in the most precarious conditions, damaging their physical and mental growth.
Many of them do not get even the protection of their parents or other close relatives, and
they have to stay away from the filial atmosphere of families
Definition of child labour
“Child labour includes children prematurely leading adult lives, working long
hours for low wages under conditions damaging to their health and to their physical and
mental development, sometimes separated from their families, frequently deprived of
meaningful education and training opportunities that would open up for them a better
future.”
In India the term 'child labour' applies to the population of working children
ranging in age from 5 to 14 years. The minimum age prescribed by law varies from
industry to industry. For example, in factory work and in building construction it is 14
years, in mining it is 18 years for underground work and 15 years for work above ground.
On plantations and in non-industrial employment the minimum age is 12 years. In beedi
making it is 14 years, while in carpet weaving and cement manufacturing it is 15 years.
There is no law fixing a minimum age for employment in agriculture even though
agricultural work is the main occupation of many children .
Difference between Child work, Child Labour
The problem of child labour is not a new phenomenon, but was never highlighted
as it is today. It is important to make a distinction between 'child labour' and 'child work'.
Child work means that the child has time for play and education besides work. Child
labour, however, refers to children who are being forced to carry out the full-time work of
adults. The child labourers, no matter if they work full-time in the household, in
workshops, factories or in the agricultural sector, are deprived of education, play and a
normal childhood..
Child labour that is proscribed under international law falls into three categories:
● The unconditional worst forms of child labour, which are internationally defined as
slavery, trafficking, debt bondage and other forms of forced labour, forced recruitment of
children for use in armed conflict, prostitution and pornography and illicit activities.
● Labour performed by a child who is under the minimum age specified for that kind of
work (as defined by national legislation, in accordance with accepted international
standards), and that is thus likely to impede the child’s education and full development.
● Labour that jeopardizes the physical, mental or moral well-being of a child, either
because of its nature or because of the conditions in which it is carried out, known as
“hazardous work”.1
1 ILO: A future without child labour, Global Report under the follow-up to the ILO Declaration on Fundamental Principles
and Rights at Work, Report I(B), International Labour Conference, 90th Session, Geneva, 2002, para. 26.
Within the Family but outside the Home
Children do agricultural/pastoral work which consists of (seasonal/ full-time) migrant
labour, local agricultural work, domestic service, construction work and informal
occupation e.g. recycling of waste- employed by others and self employed.
Outside the Family
Children are employed by others in bonded work, apprenticeship, skilled trades (Carpet,
embroidery, and brass/copper work), industrial unskilled occupations/ mines, domestic
work, commercial work in shops and restaurants, begging, prostitution and pornography.
• Migrant Labour
• Invisible Labour
• Wage Labour
• Self employed children
SERVICE SECTOR
• Self-employed Labour
• Invisible Labour
• Wage-based employment
Children work in different sectors of the economy. Census enumerates only those
workers who are engaged in economically productive work and working children are
counted as part of the labour force.
Among the male child workers, though about 52% are agricultural labourers and
in total about 83% are in agricultural sectors. Thus concentration of female child workers
in agricultural sector is more than that of male child workers. As an implication of this,
their presence in non-agricultural sector is only 12.61%. The overall picture reveals that
more and more female children are engaged in low paid jobs as compared to the male
children.
In Tamilnadu about 64% of the child work force is concentrated in agriculture and
allied activities. Though agriculture is the predominant occupation where children are
involved, employment of children in manufacturing and service sector is quite significant
in Tamilnadu with over 36% of the working children.
According to a UNICEF report, World's Children 2006, India has the largest
number of working children and 17 per cent of them are under the age of 15. Girls aged
12-13 are the preferred choice of 90 per cent households.
According to the census of population estimates in 1981, 13.59 million child labour out
of 263 million child population (5.1%) were working in the country. In 2001 this had
reduced considerably. There were 3.59 million child labourers (this includes 2144519
main as well as 1450784 marginal workers within the 5-14 years age cohort) out of a total
child population of 253 million (1.42 % ) in the country. Census estimates of child labour
traditionally seem to be underestimates. As per the NSS (National Sample Survey
Organization) data, there were 16.33 million child workers in 1972-73, 16.25 million in
1977-78, 17.36 million in 1983. The decline in the numbers of labouring children is
reflected even in the NSS estimates. If we look at the age wise distribution of persons by
principal activity to get a rough estimate of child workers, we find that by 1993-94, NSS
reported the extent of child labourers to be 9.27 million and further down to 5.94 million
in 2004-05 (as per the latest Employment-Unemployment Survey of 61st Round, table
17). These estimates exclude the subsidiary workers (see table1). Children in the age
group of 5-14 years constituted 0.53 percent of male marginal workers and 0.62 percent
of the female marginal workers in 2001. Thus there were early 1.29 million child workers
as subsidiary workers and hence about 7.23 million total child workers in the country in
2004-05. Comparability of data strictly cannot be maintained over time, but the statistics
indicates that the magnitude of child labour has declined from early 1980s quite
substantially. Nonetheless their persistence in the present high overall economic growth
scenario is alarming in itself and an issue to reckon with.
For the states, child population could be ascertained from the NSS for the
combined group of 5- 15 years. However the work force participation rates are provided
separately for the age groups 5-9 and 10-15 years. In order to arrive at the numbers of
child workers (males, females, rural and urban areas separately) the work force
participation rates of the age group between 10-15 years is applied to the child population
of 5-15 years and hence the extent of workers may not be accurate. In fact these may be
over estimated considering that participation ratios for 5-9 years are far lower. Keeping
this caveat in mind let us look at the state wise distribution of child labour (as a share of
the total workers in each state) as given inTable 2
Table 3 shows the state wise number of children starting from the year 1971 to
2001.Trend shows that the number of child labour has declined upto 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
a 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.
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.
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.
The Census of India-1991 recorded 11.20 million working children, while the Census-
2001 has recorded 12.66 million working children in the ages of 5-14 years (Fig.1).
Ninety percent of the children workers were from rural areas. The proportion of working
children to the child population aged 5-14 years, registered a marginal decline from 5.4
percent to 5 per cent during 1991-2001.
There was an increase in the magnitude of child labour during 1991-2001 in spite
of the tremendous efforts made by the Government, United Nations and other
international agencies and NGOs for universalizing primary and elementary education
and removing children from work through education and other rehabilitative
interventions. The results depicts that only education interventions without integrating
poverty alleviation programmes in the policy may not yield desired results of reducing
child labour.
The issue of child labour cuts across policy boundaries and is cause and consequence of
poverty, displacements, illiteracy and adult unemployment. Extreme forms of poverty
play a crucial role in encouraging child labour. This implies that child labour cannot be
addressed in isolation. Among factors contributing to child labour are rapid population
growth, adult unemployment, bad working conditions, lack of minimum wages,
exploitation of workers, low standard of living, low quality of education, lack of legal
provisions and enforcement, low capacity of institutions, gender discrimination,
conceptual thinking about childhood, etc. One or more of the above contribute to the
large numbers of children working under exploitative or hazardous conditions; Several
studies have recognized child labour connections with human deprivation- illiteracy, food
insecurity, distress displacements, gender inequity, social and human underdevelopment,
conflict situation and insecurity and poor governance.
Above chart explains that combination of factors work together for prevalence of child
labour. These factors are education deprivation of the child and parents, food deficit at
home, unemployment status of any family member for more than 6 months and families
with no or less land.. Therefore the elimination of child labour requires multi pronged
strategy of making schools accessible, providing quality education in schools, attacking
food deficit scenario at home through poverty alleviation programmes and providing
employment to adults. The strict compliance and enforcement of child labour laws and
other labour laws will automatically encourage adult employment along with provision of
minimum stipulated wages.
Poverty
In the countries where child labour exists, it is often stated that poverty is the main reason
why children are sent to work and that poverty should first be solved to eradicate child
labour. But, as experts state, 'child labour also perpetuates poverty as children become
part of the destructive inter-generational cycle of repetitive impoverishment’2, 'child
labour adds to unemployment of adults as they take the jobs of as many unemployed
adults, reduces the need for technological innovations which is so essential to the
expansion of exports’3, 'holds wages down and, hence, increases the number of families
living below the poverty line’4.This vicious circle can be explained through following
figure. Two important causes of child labour as stated by many labour experts, are the
vested interest of employers in cheap child labourers and the inefficiency and inadequacy
of existing primary education facilities. The first cause implicates that child labour serves
the interest of employers; they can pay low wages, extract more work, make maximum
profit and remain free of any labour unrest. Child labourers are also victims of physical,
mental and sexual abuse by employers. The second cause implicates that children lose
interest in education because Government schools are often poorly run and maintained,
lack teaching materials and (motivated) teachers.
Many researchers have observed that, since adult’s work could be done by children at
much lower wages, employers prefer to hire children rather than adults.( Diamond and
Fayed ,1998) According to this empirical evidence, child labour thus increases adult
unemployment, which in turn forces adults to put their children to work, generating a
vicious circle.
The "nimble fingers" theory is applied to some of the harshest industries employing
children, including the carpet, silk, beedi and silver industries. It asserts that children
make the best products in these occupations thanks to their nimble fingers which are,
according to the myth, better able to tie the tiny knots of wool, unravel thread from
boiling silk cocoons, and solder tiny silver flowers to a chain. In this view, child labor is
not an evil, but a production necessity. This rationalization is a lie. In fact, children make
the cheaper goods; only master weavers make the best quality carpets and saris.
The myth that children must be trained at the "right" age-at six or seven years of age, or
younger-contends that children who go to school, postponing their craft training until
adolescence, either will be unable to adequately learn a skill or will be at an irreparable
disadvantage in comparison with those who did begin working as young children. A study
on child labor in Varanasi summarized the calculation behind this logic:
Any number of justifications are available at the community level in support of children
taking up a job at an early age. It is said that in order to learn the craft properly one has to
start working away from the family. Further, in order to become an accomplished artisan
one has to start working at an early age. Those who start working at the "late" age of 12
years might pick up the craft within a few months but they would never be able to pick up
speed in their work. As against this, those starting at the "right" age of six or seven years
become very good workers after an apprenticeship of 5 to 6 years. Whatever be the truth
behind the general belief, it ensures continuous availability of child labour at low wages.
Literacy and Child labour
All children not attending schools are potential child workers and they need to be
addressed in a holistic framework. According to the latest census figures of 2001 released
in August 2005, out of 226 million children aged 6-14 years, 65.3 million children (29%)
were not attending any educational institutes at the time of the survey. The proportion of
out-of-school boys was 25%, while it was 33% for girls. In spite of the official age of 6
years for enrolling children in class I, a significant proportion of children aged 6 years
(60 percent) were not attending schools. On an average 20-25 percent aged 7-10 years
were not attending schools and a large proportion of children aged 10-14 years drop-out
of schools. The results strengthen the observation that due to awareness children get
enrolled in the schools at ages 7 -10 years, but eventually they drop out of schools either
due to poor education quality or due to pressure from parents to work and sustain family
livelihoods.
In the years following market reforms (particularly in the period between 1999-00
to 2004-05) the poverty level has declined remarkably. Urban-rural differentials in
poverty levels too have narrowed down significantly at least at the aggregate level.
Variations between states abound. The gap between rural and urban poverty is still quite
noticeable in several states and poverty levels in rural areas are quite high in Bihar, MP,
Maharashtra, Orissa, UP, WB, Jharkhand, and Chhatisgarh. From the following table it is
clear that there exists a positive relation between the number of child labour and the head
count ratio of poverty.
The correlation between the incidence of child labour and unemployment rate on daily
status basis is found to be negative and not very significant. The relation appears to be
weaker in case of urban areas. Evidently this suggests that child labour is not a symptom
of unemployment alone and the problem has to be viewed in conjugation with other
factors too. Legislation alone is unlikely to solve the problem of child labour, creation of
more opportunities for adult employment seems to be a far better way
The incidence of child labour is seen to be associated with the overall literacy levels of
population and also appears to be significant and negative. (The relationship continues to
be as strong as compared to 1981, when it was -0.75). Increasing the education levels and
overall literacy among the population is another important method for effectively
bringing down the magnitude of child labour in the country. School participation has also
been found to be higher where parental literacy was more (S Chakravarty, 2004) and thus
improving parental literacy is an effective tool for reducing incidence of child labour.
Adult education leads to improved opportunities for adult employment which reduces the
necessity of child labour.
"Child labour has serious consequences that stay with the individual and with
society for far longer than the years of childhood. Young workers not only face
dangerous working conditions. They face long-term physical, intellectual and
emotional stress. They face an adulthood of unemployment and illiteracy."
I. Physical hazards
There are jobs that are hazardous in themselves and affect child labourers immediately.
They affect the overall health, coordination, strength, vision and hearing of children. One
study indicates that hard physical labour over a period of years stunts a child's physical
stature by up to 30 percent of their biological potential. Working in mines, quarries,
construction sites, and carrying heavy loads are some of the activities that put children
directly at risk physically. Jobs in the glass and brassware industry in India, where
children are exposed to high temperatures while rotating the wheel furnace and use heavy
and sharp tools, are clearly physically hazardous to them.
Following table shows the nature of work done by children and some major health
effects in different industries
(Number of child
workers)
1. Glass industry Blowing, helper, loam Respiratory diseases,
carrier, grinding musculoskeletal disorders
(50,000)*
2. Brassware industry Polishing, soldering, Respiratory diseases,
grinding musculoskeletal disorders
(45,000)*
3. Lock industry Soldering, hammering, Chrome and nasal ulcers,
polishing, packing respiratory diseases
(60,000)*
4. Scissors and knife Grinding Respiratory diseases
industries**
5. Sports goods Finishing, sewing, Skin diseases, injuries
manufacture dyeing, packing
(30,000)*
6. Carpet industry Weaving, making of Deformities of fingers,
thread balls respiratory diseases
(290,000)*
7. Tanneries** Curing, finishing, Skin diseases
packing
8. Wood furniture & Sawing, polishing, Respiratory diseases,
handicrafts** packing injuries
9. Chikan embroidery** Embroidery, packing Deformities of fingers
10. Making silver & gold Hammering, packing Exposure to lead
foils**
11. Gold & silver smithy** Ornament making, Exposure to lead
polishing, packing
12. Agate industry** Artificial ornaments Respiratory diseases
13. Livestock tending & Grazing & cutting of Injuries
forest work wood
(245,000)*
14. Hosiery workers Sewing, packing Injuries
(8,000)*
15. Beedi making Rolling of beedis Musculoskeletal
disorders, respiratory
(7,000 at Trichur)* diseases
* Rough estimates
** Large numbers of child workers
Education helps a child to develop cognitively, emotionally and socially, and needless to
say, education is often gravely reduced by child labour. Cognitive development includes
literacy, numeracy and the acquisition of knowledge necessary to normal life. Work may
take so much of a child’s time that it becomes impossible for them to attend school; even
if they do attend, they may be too tired to be attentive and follow the lessons.
There are jobs that may jeopardise a child’s psychological and social growth more than
physical growth. For example, a domestic job can involve relatively ‘light’ work.
However, long hours of work, and the physical, psychological and sexual abuse to which
the child domestic labourers are exposed make the work hazardous. Studies show that
several domestic servants in India on an average work for twenty hours a day with small
intervals4. According to a UNICEF survey, about 90 percent of employers of domestic
workers in India preferred children of 12 to 15 years of age. This is mostly because they
can be easily dominated and obliged to work for long hours and can be paid less than
what would have to be paid to an adult worker.5 Moral hazards generally refer dangers
arising for children in activities in which they are used for illegal activities, such as
trafficking of drugs, the sex trade, and for the production of pornographic materials.
To eradicate child labor, 76 child labor projects have been sanctioned under the National
Child Labour Project Scheme for covering 150,000 children. Around 105,000 children
are already enrolled in the special schools. The Ministry of Labour has asked the
Planning Commission for about Rs.1500 crore to cover all the 600 districts under the
National Child Labour Project (NCLP) as against the 250 districts at present. Children
working in 57 hazardous industries, in dhabas and homes (in the 9-14 age group) would
be covered under this project. Government schemes like the Sarva Siksha Abhiyan have
been implemented.
There are many approaches, and no single magic solution. The following suggestions
may be helpful to eradicate this social malaise.
The NGO and private schools can plan non formal education classes in the
evening as it seems to be the most convenient time for these children. In the event of
some children not coming every evening due to the nature of their work, the classes can
be held on Saturday afternoons and Sunday mornings depending upon their free time. By
having class in the evenings and on the holidays, we can utilize the existing school
premises both of municipal and private schools all over the city. The benefits of this
collaborative venture is that the coverage of the programme would be larger at a low cost.
2.Consumer education
As consumers, we are the driving force behind the global economy - let's drive it in the
right direction. We can raise awareness, we can question stores about the labour
conditions under which their goods were made, and we can demand proper labeling. If
they can tell us what's in a product, they can also tell us who made it. Where labeling
exists (eg, Rugmark for hand woven carpets) support these products. Pester multinational
companies to adopt codes of conduct for themselves and their subcontractors
3. Strengthen unions
Trade unions also play a crucial role in preventing and eliminating child labour. Adult
workers who have the right to organise, negotiate and bargain for a living wage do not
have to send their children to work. Where strong unions exist, child labour is
diminished. Unions not only strongly oppose child labour on the grounds of social
justice, they also resist the hiring of children at wages that undermine their own.
Mobile health teams could make regular weekly trips to the areas where working
children population is heavily concentrated. The scheme must also ensure relevant
referral back up services.
The income of families based on child labour is not very high. They send their
children for work to earn additional income. Therefore, there should be emphasis on
income generation activities and providing training to those families with the help of Self
Help Groups.
Most of the working children don’t know how to save? For this banks must
organize programmes for the child labourers. Bank officials should meet employers and
self – employed children to encourage them to bank with them. They can eventually also
educate the children on various investment schemes. Once a child has banked for few
years with the bank, he should be able to avail of credit facilities to launch a business of
his own.
Last but not least , we can also participate in the eradication of child labour by just not
employing them and by making some charity for their welfare
Conclusion
From the foregoing discussion, the conclusion which emerges is that Child labour
is a much graver issue that one can imagine. It is a multidimensional problem that
involves various reasons such as continued poverty, illiteracy, ignorance of parents etc.,
contributing to this problem in a variety of ways. Further in Bihar bonded labourers after
being released from the clutches of contractors, again went back to the same contractor
with the slogan that “Food is more important than liberty”. Hence only freeing child
labour from exploitation is not sufficient, they should be properly rehabilitee. At present a
complete eradication of child labour problem seems impossible, but they can only be
assured of their safety, healthy working condition, medical benefit, housing, insurance,
recreational facilities, free meal system at their place of working, books, stationery,
uniform etc and the important aim should be to educate them near their place of working
to develop their personality for their future prospects.
One thing that has become clear is that the labour law enforcement machinery
alone cannot solve the problem. Identification of child labour as well as the removal from
work and the rehabilitation of child workers require coordinated efforts from various
segments of society, including NGOs, trade unions, employers and employer
organizations, and different government organs dealing with education, rural
development, industrial growth, law and order, social welfare, development of children's
and women's affairs and others in addition to the Department of Labour. Steps have
already been initiated within the States as well as at the central government level. The
M.V.F. of Andhra Pradesh has taken up the issue of child labour and is trying to educate
them .With M.V.Fs efforts over 4, 00,000 working children are now in schools. The ILO's
International Programme on Elimination of Child Labour, UNICEF and such other
organizations are extending active support in this respect.
The problem cannot be eliminated in one full sweep. A gradual, consistent and
coordinated process is needed. But the speed of this process will accelerate with
increasing sensitization of various segments of the Indian society to the issue and with the
spread of literacy and education, particularly among the female population of India.
References:
1 Basu Kaushik, The Intriguing Relation between Adult Minimum Wage and Child
Labour.
2 Child labor challenge and response, V.V. Giri National Labor Institute.
4. Human Rights Watch, Jan 2003,Vol 15,Small Change -Bonded Child Labor in India’s
Silk Industry
7 Kruijtbosch Martine ,Child and adult labour in the export-oriented garment and gem
polishing industry of India with case studies from Tirupura, Bangalore, Jaipur and Trichy
1996,2nd version .
11 www.childprotection.org.ph
12 www.infochangeindia.org
13 www.ilo.org