Child labour laws in India

This article is written by Vrinda Nigam, a student of Amity Law School, IP University and Sujitha‌ ‌S‌ ‌pursuing‌ ‌law‌ ‌at‌ ‌the‌ ‌School‌ ‌of‌ ‌Excellence‌ ‌in‌ ‌Law,‌ Chennai.‌ This article elaborately discusses the national, international, and other relevant laws concerning child labour in India. Towards the end, it tries to draw a few suggestions for the effective implementation of such laws.

Table of Contents

Introduction

“Child” as defined by the Child Labour (Prohibition and Regulation) Act, 1986 is a person who has not completed the age of fourteen years. A child of such tender age is expected to play, study and be carefree about his life. But as a fact of nature, expectations hardly meet reality. Children, by will or by force are employed to work in harsh conditions and atmospheres which becomes a threat to their life. Child labour leads to underdevelopment, incomplete mental and physical development, which in turn results in retarded growth of children. Looking at the 2011 census , clearly shows that the number of child labourers in India is 10.1 million, out of which 5.6 million are boys and 4.5 million are girls. As children form the future youth of India, it is highly crucial to provide all the things they need, ranging from basic needs such as shelter, food, and clothing to social needs such as education and other things. To achieve this, appropriate legislative measures are needed in a complex society like India. With regard to India, several legislations have been enacted to control the menace of child labour. Towards the end of the article, you’ll get an idea of all the relevant legislations and regulations in India.

Important definitions of child labour

International Labour Organisation (ILO) defines the term child labour as, “work that deprives children of their childhood, their potential and their dignity, and that is harmful to physical and mental development. It refers to work that is mentally, physically, socially or morally dangerous and harmful to children, or work whose schedule interferes with their ability to attend regular school or work that affects their ability to focus during school or experience a healthy childhood.”

UNICEF defines child labour differently. A child, suggests UNICEF, is involved in child labour activities if between 5 to 11 years of age, he or she did at least one hour of economic activity or at least 28 hours of domestic work in a week, and in case of children between 12 to 14 years of age, he or she did at least 14 hours of economic activity or at least 42 hours of economic activity and domestic work per week. UNICEF in another report suggests, “Children’s work needs to be seen as happening along a continuum, with destructive or exploitative work at one end and beneficial work – promoting or enhancing children’s development without interfering with their schooling, recreation and rest – at the other. And between these two poles are vast areas of work that need not negatively affect a child’s development.”

India’s Census 2001 office defines child labor as, “participation of a child less than 17 years of age in any economically productive activity with or without compensation, wages or profit. Such participation could be physical or mental or both. This work includes part-time help or unpaid work on the farm, family enterprise or in any other economic activity such as cultivation and milk production for sale or domestic consumption. Indian government classifies child laborers into two groups: Main workers are those who work 6 months or more per year. And marginal child workers are those who work at any time during the year but less than 6 months in a year.”

Causes of child labour

Significant causes of child employment that can be understood keeping in mind the Indian scenario, are:

In developing countries it is impossible to control child labour as children have been considered as helping hand to feed their families, to support their families and to feed themselves. Due to poverty, illiteracy and unemployment parents are unable to bear the burden of feeding their children and to run their families. So, poor parents send their children for work in inhuman conditions at lower wages.

• PREVIOUS DEBTS:

The poor economic conditions of people in india force them to borrow money. The Illiterate populations go to money lenders and sometimes mortgage their belongings in turn of the debt taken by them. But, due to insufficiency of income, debtors find it very difficult to pay back the debt and the interest. This vicious circle of poverty drags them towards working day and night for the creditor and then the debtors drag their children too in assisting them so that the debts could be paid off. Some children are forced to work in order to support their families because they are under pressure to provide food and shelter as well as to pay off debt that their parents owe. Some children, meanwhile, are sold into slavery against their will.

There are some industries such as the ‘bangle making’ industry, where delicate hands and little fingers are needed to do very minute work with extreme excellence and precision. An adult’s hands are usually not so delicate and small, so they require children to work for them and do such dangerous work with glass. This often resulted in major eye accidents of the children.

• NO SPACE FOR ALTERNATIVES

• SOCIAL CAUSES

• FAMILY TRADITION

• ADDICTION, DISEASE OR DISABILITY

• POOR COMPLIANCE WITH LAWS

• DISCRIMINATION BETWEEN GIRLS AND BOYS

• OTHER MINOR CAUSES

International legal framework regarding child labour

International Labour Organization (ILO) Conventions

The United Nations organisation known as the International Labour Organization was founded in 1919. In order to establish labour standards, create policies, and create programmes encouraging decent work for all women and men, the ILO brings together governments, employers, and workers representatives of 187 member States. Setting International Labour Standards in the form of Conventions and Recommendations is the ILO’s primary mode of activity. ILO Conventions Minimum Age Convention, 1973 (No.138) and Worst Forms of Child Labour Convention, 1999 (No. 182) are the two Core Conventions that directly address child labour. These two Core Conventions have been ratified by India.

The Minimum Age Convention,1973 (No. 138)

• In June 1976, the Minimum Age Convention (No. 138), which was established in 1973, went into force.
• By requiring nations to set a minimum age for entering into work or employment and implement national strategies for the eradication of child labour, the ILO Convention seeks to effectively abolish child labour.
• As a way to eliminate child labour, the Convention compels State Parties to designate a minimum age for employment.
• The minimum age required under the Convention is 15, although if limited to a short period of time, state parties may establish the minimum age at 14.
• The Convention permits younger children (under the age of 15) to perform light labour.
• The successful execution of the Convention is monitored and supervised by the Committee of Experts.
• Every three years, state parties are required to submit a report outlining the progress of implementation.
• One of the 15 basic conventions covered by the GSP regulations is the Minimum Age Convention.
• The Recommendation No. 146 goes along with Convention No. 138, and emphasises the need for national plans and policies to include provisions for poverty alleviation, the promotion of decent jobs for adults so that parents are not forced to use child labour, free and compulsory education, the provision of vocational training, the expansion of social security and systems for birth registration, as well as suitable facilities for the protection of children and adolescents who work.

Worst Forms of Child Labour Convention, 1999 (No. 182)

• The International Labour Organization proposed Convention 182, on June 17, 1999, in Geneva, and all of the ILO’s members overwhelmingly approved it.
• To intensify the battle against child labour, Convention 182 lists the five worst types of work that must be eliminated. They are

• Slavery or related activities, such as the buying, selling, or using of minors as serfs or indentured servants;
• Coercive or forced labour, including the conscription of minors into armed warfare;
• The solicitation, use, or offer of a minor for prostitution, the production of pornographic media, or participation in pornographic shows;
• The uses, recruitment, or offer of a minor for illegal activities, particularly the manufacturing or trafficking of narcotics;
• Work that might endanger children’s health, safety, or morals due to its nature or the circumstances under which it is performed.

• The ILO established the International Programme on the Elimination of Child Labour (IPEC) in 1992 to assist the State members in putting these most harmful kinds of employment to a halt. The IPEC also lists instances of child labour violations where victims may receive help and specific remedies can be offered for each circumstance.
• According to Recommendation No. 190 , work that exposes children to physical, psychological, or sexual abuse, work underground, underwater, at dangerous heights, or in confined spaces, work with hazardous machinery, equipment, and tools; or carrying heavy loads; exposure to hazardous substances, agents, or processes; or exposure to temperatures, noise levels, or vibrations that are harmful to health are all recommended to be included in any definition of ‘hazardous work.’

Declaration of Rights of Child, 1959

• The freedom from discrimination based on one’s race, religion, or national origin.
• The right to extra protection for a child’s social, emotional, and physical growth.
• The right to one’s name and country of origin.
• The right to a healthy diet, a decent place to live, and access to healthcare.
• When a child has a physical or mental disability, they are entitled to special education and care.
• The right to free recreation and instruction.
• The right to get aid among the first in all situations.
• The freedom from all kinds of abuse, brutality, and exploitation.
• The right to be raised in an environment that values compassion, tolerance, intercultural friendliness, and global brotherhood.

United Nations Convention on the Rights of the Child (UNCRC), 1989

The UNCRC is a human rights treaty that establishes children’s political, civil, economic, social, cultural, and other rights, which the members must abide by. The Convention has 54 articles that outline numerous children’s rights as well as the actions that governments should take to ensure that these rights are available to children. In 1989, the United Nations approved the CRC. After getting the required 20 ratifications, it became effective in 1990. All UN members have approved it, with the exception of the US. All parties are obligated under the convention’s provisions to make sure that children’s fundamental needs are met and that they can realise their full potential.

Types of child labour

Industrial child labour

• Children under the legal age of 18 are most frequently employed in the industrial sector in India. Over 10 million children, including over 4.5 million girls, between the ages of 5 and 14 labour in unorganized sectors.
• Some of the major employers of children are small businesses, such as the garment industry, brick kilns, agriculture, fireworks industries, diamond industries, etc. Such businesses occasionally run out of people’s homes, which makes it challenging for the government to take necessary action.
• One of the largest and most prominent employers of children in India is the unorganized industry. Children can be easily spotted working on roadside dhabas and cafes, tea stalls, or grocery stores. Here, children are preferred since they are manageable and simple to fire.

Domestic child labour

• In India, 74% of child domestic workers in India are said to be between the age group of 12 to 16. They include both boys and girls who work as domestic help for rich families to take care of their daily chores.
• At a time when they ought to be in school and playing with friends, these children have no choice but to help other families out. In most cases, the primary cause is poverty.
• Typically, parents consent in the hopes of receiving financial support and a secure home for their children. Most of the domestic employees in the statistics are girls, and nearly 20% of all domestic workers hired are under the age of 14.
• These children labour for the family as live-in servants, doing chores including cooking, cleaning, taking care of the family’s pets or young ones, and other duties.

Bonded child labour

• A child who is forced to work as a slave to pay off his parents’ or guardian’s debt is said to be engaged in bonded child labour.
• Although the prevalence of bonded child labour has significantly decreased in recent years as a result of strong government oversight and legislation outlawing it, it still occurs covertly in outlying areas.
• Children who live in rural areas and work in agriculture are more likely to be subjected to this kind of labour. Poor farmers who are heavily indebted to lenders sometimes agree to hire their siblings as labourers for rich lenders.
• Up to the last ten years, there were thousands of bound labourers employed in a variety of businesses, but today those numbers have sharply declined, and the government asserts that there are no longer any bonded child labourers.

Legal age for working in India

Except for some family-based jobs, hiring minors under the age of 14 for any type of labour is an offence that carries a maximum of 2-year imprisonment. Adolescents between the ages of 14 and 18 are not permitted to work in any dangerous jobs. The Child Labour (Prohibition and Regulation) Amendment Bill, 2012 allows for the punishment of both the parents and the hired child.

Children under 14 years of age

• Children under the age of 14 are not allowed to work in any profession or process, nor are they allowed to be hired. However, if a child assists his or her family or family business (which is not a dangerous activity), after school or during a break, this limitation won’t apply. A child’s family includes their mother, father, brother, sister, mother’s sister, father’s sister, and all of their grandparents.
• Additionally, if certain restrictions and safety precautions are met, a child under the age of 14 may work as an artist in the audio-visual entertainment sector, including commercials, movies, television series, and any other kind of entertainment or sport excluding the circus.

Adolescents – 14 to 18 years of age

• Every day’s work schedule should be established such that no segment of time is more than three hours.
• After working for three hours, the adolescent has to take a break for at least an hour.
• An adolescent is only allowed to work for a total of six hours each day, not counting any waiting time.
• Adolescents are not permitted to work from 7 p.m. to 8 a.m.
• They cannot be forced to put in extra hours.
• They are not allowed to work simultaneously in more than one place of enterprise.
• Adolescents must receive a full day of holiday each week.

The rules for employment of adolescents

All employers who hire adolescents are required to keep a register with the following details:

• Name and birthdate of each teenager hired and given permission to work.
• Hours and work periods that adolescents work during, as well as the rest times to which they are entitled.
• The type of employment that they do.

• Name and location of the business.
• Name of the person really in charge of running the business.
• Address where correspondence about the establishment should be sent.
• Type of work or procedure performed in the establishment.

Child labour laws in India

When in the 20 th Century, child labour became so prominent that news of factory hazards and mishappenings taking innocent children’s life, flashed all around in the newspapers, then was the time, a need for legislation and statutes were felt to prohibit the mal practice of child labour. Today, there are sufficient statutes condemning and prohibiting child labour such as:

The Factories Act of 1948: The Act prohibits the employment of children below the age of 14 years in any factory. The law also placed rules on who, when and how long can pre-adults aged 15–18 years be employed in any factory.

The Mines Act of 1952: The Act prohibits the employment of children below 18 years of age in a mine. Mining being one of the most dangerous occuptions, which in the past has led to many major accidents taking life of children is completely banned for them.

The Child Labour (Prohibition and Regulation) Act of 1986: The Act prohibits the employment of children below the age of 14 years in hazardous occupations identified in a list by the law. The list was expanded in 2006, and again in 2008.

The Juvenile Justice (Care and Protection) of Children Act of 2000: This law made it a crime, punishable with a prison term, for anyone to procure or employ a child in any hazardous employment or in bondage. This act provides punishment to those who act in contravention to the previous acts by employing children to work.

The Right of Children to Free and Compulsory Education Act of 2009: The law mandates free and compulsory education to all children aged 6 to 14 years. This legislation also mandated that 25 percent of seats in every private school must be allocated for children from disadvantaged groups and physically challenged children.