CRITICAL ANALYSIS OF CHILD LABOUR IN INDIA

ABSTRACT

Child labour has left India in a precarious position. It is a well-known fact that the economic prosperity of a nation is hampered to a large extent by child labour. Further increase in the number of child labourers’ spells danger for India since it portrays the country’s image in a negative light, showing that the country is unable to ensure that the children are able to acquire the basic resources needed for survival. This paper begins by analysing the definition of the term ‘child labour’, as has been provided by various legislations and organizations. Afterwards, the paper delves into the causes and forms of child labour prevalent in India. Following that, the author discusses the impact of the COVID-19 pandemic on the child labour situation in India. The author also highlights the legal provisions concerning child labour and concludes the paper by providing suggestions for better implementation of these laws in India.

KEYWORDS – Child Labour, COVID-19, Causes and forms, Legal aspects, Suggestions.

INTRODUCTION

“There can be no keener revelation of a society’s soul than the way in which it treats its children.” [1]                                                                                                               – Nelson Mandela

It is a widely recognized fact that children are the biggest gift to humankind, irrespective of their social or economic backgrounds. Children are not only the harbingers of joy and contentment but also hold the key to a brighter future for the nation. It is the prerogative of the society to ensure that these children enjoy their childhood, which is considered the golden period in the life cycle of a person. As the child is small and weak, both emotionally and physically, he cannot stop the adults from exploiting him. That is one of the reasons why abuse and exploitation is rampant. To add to it, the marginalised sections of the society have multiple children as they consider more hands help generate more income. This has given impetus to child labour issues plaguing contemporary society.

The Child Labour (Prohibition and Regulation) Act, 1986 [2] has defined a “child” as a person who has not attained the age of 14 years. According to the definition given by United Nations Children’s Fund (UNICEF), a child belonging to the age group of 5 to 11 years participates in child labour activities if s/he is performing an economic activity for at least one hour, or at least 28 hours of domestic work in a whole week. Furthermore, if children between the age of 12 to 14 years are performing at least 14 hours of economic activity or 42 hours of domestic work and economic activity per week, then it will also be termed child labour. [3] According to the International Labour Organisation (ILO), children or adolescents participating in work that does not affect their health and personal development or interfere with their schooling is not child labour; rather, it may generally be regarded as being something positive.[4]

RESEARCH METHODOLOGY

This paper aims to aid the reader in comprehending the factors that contribute to the prevalence of child labour in India. It also assists the reader in understanding the importance of legal provisions prohibiting child labour in India, as well as presents solutions for eradicating this social issue. This paper has drawn references from several secondary sources to critically analyse child labour in India. Online databases, including several articles and blogs, have been referred to. Moreover, literary sources, such as newspaper articles, and scholarly journal articles, have also been used. Furthermore, the paper also referred to various case laws, statutes and treaties, which comprised the primary sources.

CAUSES AND FORMS OF CHILD LABOUR

Poverty is considered one of the most fundamental causes of child labour. It is in the developing and the underdeveloped countries where the mass population sustains in poverty. Due to this, the children are sent to work in various sub-human conditions to earn a livelihood and sustain themselves and their families. Parents, who are uneducated and unemployed, cannot afford their child’s educational expenses. Therefore, children shoulder the responsibility of running the family, for which they are sent far and wide to work for meagre wages.[5] The dwindling economy and lack of money are inadvertently pushing India’s citizens to borrow money. This is seen mostly with the uneducated population, who borrow money in times of crisis and find it a mammoth task to repay the amount lent to them at a later stage. Due to this, the lenders make the borrowers toil for them, who in turn bring their children with them to help them. This leads to the creation of a trap for the tender-aged children, who spend their time working hard to repay the money.[6]

In several industries, such as the bangle-making industry, the tiny hands perform tasks that require precision and finesse. An adult’s hands are bigger and not suited for such delicate work, thus needing children to do it in their place. This carries immense danger and risk for the child since glass is a sharp object, and working with it can prove to be hazardous and can lead to blinding the child, with small pieces of glass entering the eyes and causing irreparable damage. [7] Bonded labour is another form of exploitation of children. Children are made to work under the blazing glare of the sun for long stretches, devoid of food and water, that too in inhuman conditions. They are rarely given wages and are often mistreated at the workplace. Children are also sometimes seen to be working in the houses of the educated and the rich as domestic helpers, who are thereby violating the laws formulated to protect these children.[8]

Another major cause of child labour is pushing girls who have just entered the stage of puberty, into prostitution. They entice such girls by promising them opportunities to do glamourous jobs. The desperate economic condition of some families compels them to make their children beg on the streets. Some parents undertake more brutish methods, maiming their children to earn more from the passers-by. [9] Furthermore, a shocking yet sad reality of the contemporary times which proves to be a cause of child labour are the family traditions. Many families in the rural areas believe that they are not destined to lead a good life with a stable source of income and labour is the sole way of earning a livelihood for them. [10]

CHILD LABOUR AND COVID-19

India had gone into a state of complete lockdown from March 2020. People were forced to stay indoors, and the working of innumerable businesses and industries had come to a standstill. Many industries sent their respective agents to the rural areas to recruit cheap labour since they wanted to make up for the losses they had incurred due to the lockdown. Cheap labour would inadvertently mean only one thing: child labour. Taking advantage of the debt-laden and poor conditions of the families residing in these areas, they brought back a labour force suited to jobs such as bangle-making, sweatshops, and other such jobs. These families readily sent their children, hoping that they would bring with them money so that they could survive. 

Raj Kumar, the director of the Bihar Social Welfare Department, said that they had rescued three hundred children from human traffickers in the lockdown period. Suresh Kumar of the Human Liberty Network had expressed his agony and pain on seeing small children being taken in buses as child labourers so that they could earn some money to feed their starving families.[11] The executive director of Bachpan Bachao Andolan, Mr. Dhananjay Tingal, had said that their efforts had led to the rescue of twelve hundred children, between 8 to 18 years, who were being illicitly trafficked to work in warehouses, farms, and factories. Mr.Tingal had stated that the traffickers had begun to hire more children than adults after the lockdown was announced. Furthermore, the deputy director of child protection for Save the Children India stated that child marriages and child labour were the only plausible solutions that the poverty-stricken families had ever since the pandemic.[12]

The State Convenor of Campaign Against Child Labour (CACL), R. Karuppusamy, had also released the rapid survey ‘COVID-19: Reversing the Situation of Child Labour’. It showed a net increase in child labour in the South, North, and Eastern districts of Madurai. [13]

LEGAL ASPECTS OF CHILD LABOUR

In order to curb child labour, India has also enacted various acts. For example, the Mines Act,1952,[14] proscribes the employment of children in mining work. Additionally, The Factories Act of 1948 [15] ensures that children below the age of 14 are not employed in factories. It also lays down the guidelines to be followed by the factories employing pre-adults, i.e., children in the age group of 15-18. The Plantation Labour Act, 1951[16] and The Merchant Shipping Act, 1958[17] are other relevant examples.

Furthermore, India has ratified both the fundamental ILO Conventions on Child labour – No. 138 and No.182. According to the ILO Minimum Age Convention (No. 138) [18], one should be at least 18 years old to engage in occupations that can endanger the safety and health of children. Children in the age group of 13-15 years are allowed to undertake jobs that are not a hazard to their health or education. Furthermore, the ILO Worst Forms of Child Labour Convention (No. 182) [19] necessitates the ratification of the rules and regulations by various countries to curtail child labour in its worst forms. Additionally, India was the first country to join ILO’s International Programme on the Elimination of Child labour in 1992 when it signed the Memorandum of Understanding with ILO. Moreover, India ratified the United Nations Convention on the Rights of the Child [20] in 1992 to become an ethical labour market for international companies.

Talking about the articles of the Indian Constitution, Article 21(A)[21] calls for mandatory education for children in the age group of 6-14 years.[22] Moreover, Article 24 [23] prohibits children below 14 years of age from being employed in any factory or mine or being engaged in any other hazardous employment.[24] Article 39 (e) [25] says that the health of the workers, including those of the children, is not to be abused, and Article 39 (f) [26] states that the children are to be provided with all the opportunities and a carefree environment in order to ensure their proper growth and development. Furthermore, Article 45 [27] talks about the duty of the state to provide free education for children until they become 14 years old.

It is also worth taking into account some landmark judgements passed by the Supreme Court of India in this respect. First is the case of Democratic Rights v. Union of India [28] , in which the Supreme Court has said that albeit construction sites are not mentioned in the Employment of Children Act, 1938, they are still to be considered hazardous in nature, and children below the age of 14 years are prohibited from getting employed in such occupations, as given under Article 24. The Supreme Court had even reiterated the rule laid down in this case in Salal Hydro Project v. Jammu and Kashmir. [29]

Another landmark case is the M.C. Mehta v. State of Tamil Nadu [30] case, in which the Court directed the Centre and the states to rescue children who have been employed in occupations that are hazardous in nature. It also ruled that such children should be provided with free education, as guaranteed under Article 21(A). The government had to also set up a Child Labour Rehabilitation-cum- Welfare Fund. Lastly, the importance of Article 21 (A) was reiterated in the case of Unnikrishnan v. State of Andhra Pradesh.[31]

SUGGESTIONS

There is a necessity to enroll the children into schools so that they receive quality education and thus be able to empower themselves and their families. The promotion of vocational training among the children may also prove to be an efficient solution.[32] Encouraging and promoting the academicians and teachers to safeguard the children by bringing to the notice of the social workers and other relevant authorities in case they find a child in distress will also prove fruitful. The government should not only allocate more funds toward children’s education but also implement stricter laws and ensure punishments for those violating them. Also, there should be a greater focus on framing and implementing rules and regulations pertaining to the rights of the children. It is also advisable that subsidies be curtailed for industries that employ underaged children.

 Controlling the population is also essential in this respect. For example, laws should be made that bans parents who have more than two children from voting. In this regard, some extra taxes may be imposed, or any subsidies provided to such families should be removed. The rationale behind this is that more population will mean more poverty, which will lead to an increase in child labour. [33]

Revamping the current National Child Labour Programme or NCLP is also recommended by the experts. Most NCLP schools are required to turn into Transitional Education Centres (TECs) that are residential and non-residential for the selected students. It becomes vital that flexible guidelines are formulated for the TECs for their smooth adaption to the local situation. As per the current statistics, more than forty-five lakh children will gain from the revamping of the NCLP. [34] Moreover, the author finds that creating mass awareness through a national campaign is extremely crucial at this junction. However, there is an increasing need for budgetary allocation by the government to initiate such a campaign.

CONCLUSION

Child labour has been a thorn in the flesh for a long time now. Although several acts and legislations have come into force, even then, millions of children are undergoing immense suffering at the hands of the exploiters. COVID- 19, poverty, and other such issues are making it difficult to overcome the problem of child labour in India. Nonetheless, there is a light at the end of the tunnel. The World Day Against Child Labour is observed on the 12th of June every year to highlight the issue of child labour and urges people to find ways to eradicate it. The world’s largest democracy stands testament to the fact that the quality of the legislation, and not the quantity, will help improve the constantly deteriorating situation. The solution to one of the oldest yet most prevalent issues lie in public participation, appropriate usage of social media, and the efforts by the citizens to create a country where children can enjoy a carefree childhood and make their country proud of them in the future. 

REFERENCES

[1] Kalpana Srivastava, Child labour issues and challenges, 20 Industrial Psychiatry Journal 1-3 (2011).

[2] The Child Labour (Prohibition and Regulation) Act, 1986, No.61, Acts of Parliament, 1986 (India).

[3] Diva Rai, Child Labour Laws in India, Blog Ipleaders, (May 4, 2022, 8:30 PM), https://blog.ipleaders.in/child-labour-laws-in-india/.

[4] Sudeep Limaye & Milind S. Pande, A study of Child labour in India – Magnitude and challenges, ResearchGate, (May 4, 2022, 8:33PM), https://www.researchgate.net/publication/261709693_A_study_of_Child_labour_in_India__Magnitude_and_challenges.

[5]Kabishna, Child Labour in India, Legal Service India, (May 4, 2022, 8:40 PM), http://www.legalserviceindia.com/legal/article-92-child-labour-in-india.html.

[6] Id.

[7] Rai supra note 3. 

[8] Id.

[9] Id.

[10] B. Suresh Lal, Child Labour in India: Causes and Consequences, 8 International Journal of Science and Research 2199 (2019).

[11] Id.

[12] Id.

[13] P.A. Narayani,, Child labour increased during COVID-19: survey, The Hindu, (May 4, 2022,9:21 PM), https://www.thehindu.com/news/cities/Madurai/child-labourincreasedduringcovid19survey/article34054623.ece.

[14] The Mines Act,1952, No.35, Acts of Parliament, 1952 (India).

[15] The Factories Act, 1948, No.63, Acts of Parliament, 1948 (India).

[16] The Plantation Labour Act, 1951, No.69, Acts of Parliament, 1951 (India).

[17] The Merchant Shipping Act, 1958, No.44, Acts of Parliament, 1958 (India).

[18] ILO Minimum Age Convention, 1973, C138.

[19] ILO Worst Forms of Child Labour Convention, November 19, 2000, C182.

[20] UN Convention on the Rights of the Child, March 7, 1990, E/CN.4/RES/1990/74.

[21] India Const, art. 21(A).

[22] Child Labour And India- An Analysis Of Various Constitutional And Statutory Provisions, UKEssays, (May 4, 2022, 7:30 PM), https://www.ukessays.com/essays/young-people/legal-aspects-of-child-labour-in-india-young-people-essay.php.

[23] India Const, art. 24.

[24] Malavika Rajkumar, What does India’s law say on Child Labour? How to file complaints, The Quint, (May 4, 2022, 8:22 PM), https://www.thequint.com/explainers/child-labour-in-india-what-laws-say-explained#read-more#read-more.

[25] India Const, art. 39(e).

[26] India Const, art. 39(f).

[27] India Const, art. 45.

[28] Democratic Rights v. Union of India, (1982) AIR SC 1473.

[29] Salal Hydro Project v. Jammu and Kashmir, (1983) SCR (2) 473.

[30] M.C. Mehta v. State of Tamil Nadu & Ors, (1996) 6 SCC 756.

[31] Unnikrishnan v. State of Andhra Pradesh, 1993 SCR (1) 594.

[32]Sylvine, Legal Framework In India To Curb Child Labour, Blog Ipleaders (May 4, 2022, 8:55 PM), https://blog.ipleaders.in/legal-framework-india-curb-child-labour/.

[33] Id.

[34] Pande supra note 4.