“CHILD LABOUR AND HUMAN RIHTS”

Subject: HUMAN RIGHTS

Submitted to: - Submitted by:-

Dr. S.C. ROY

Adhish Prasad
Roll no: - 904

Semester: - 10Th

Session: - 2013-18

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 ACKNOWLEDGEMENT

I am very thankful to everyone who all supported me for I have completed my project effectively
and moreover on time. I am equally grateful to my Human Rights faculty: Dr. S.C. Roy. He
gave me moral support and guided me in different matters regarding the topic. He had been very
kind and patient while suggesting me the outlines of this project and correcting my doubts. I
thank him for his overall supports. Last but not the least, I would like to thank my friends who
helped me a lot in gathering different information, collecting data and guiding me from time to
time in making this project despite of their busy schedules ,they gave me different ideas in
making this project unique.

Thanking you

ADHISH PRASAD

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 TABLE OF CONTENTS

1. AIMS & OBJECTIVE…………………………………………………………………….4

2. HYPOTHESIS………….…………………………………………………………….…...4

3. RESEARCH METHODOLOGY…………………………………………...……….…….4

CHPTERISATION

i. INTRODUCTION ……………………….…….……………….…......................…5,7

ii. NATIONAL LEGISLATION & POLICIES AGAINST CHILD

LABOUR..........................................................................…........................…..…..8-15

iii. OTHER INITIAVITIES AGAINST CHILD LABOUR…...…………...……......16-19

iv. CASE LAWS……………………………………………………………..……...20-22

v. ANALYSIS............................................................................................................23-25

vi. CONCLUSION……………………………………………………...…...………26-28

BIBLIOGRAPHY…………………..……………………………………………………………27

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 AIMS AND OBJECTIVE

The researcher aims for making this project to:-

1. To find out how Child labour violates Human rights

2. To find out all the reasons as well as consequences of child labour.
3. To highlight all the laws and act against prohibition of employment of children (child
labour).

HYPOTHESIS

The researcher hypothesises that “Employing children is a punishable offence and child labour
violates human rights”

RESEARCH METHODOLOGY

Researcher shall emphasize and use the doctrinal method to prepare this project topic.

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 1. INTRODUCTION

The equal right theory behind the United Nations ‘Universal’ Declaration of Human Rights
(UNDHR) 1948 posits that, “all human beings are born free and equal in dignity and rights.” In
theory, this in general, and the International Labour Organisation ILO Convention on the Right
of the Child (CRC) 1989 and its subsequent protocols in particular are supposed to “protect and
safeguard the welfare of all children as equal human beings.”1

However, in today’s world of work, the social constructiveness of this Western derived concept
of Human rights and the similar lack of singularity in defining a child have significantly
constrained attempts to consensually qualify child wage labour as violating human rights or
otherwise. This is because despite the centrality of ‘universality’ in the Western concept of
human rights, non-Western cultures or ‘relativists’ led by Singapore, strongly opposed the
imperialistic tendency of the West to indiscriminately imposed their indigenous cultural dogmas
globally in complete disregard of the sovereignty of non-Western cultural values and ethics.
Principally, this discourse will employ the theories of universalism and relativism to show how
cultural divergence (social construction) has made any attempts to achieve consensus in
qualifying child wage labour as implicitly breaching the employee’s human rights, complex and
problematic. To ensure that this analysis is understood from a unitary perspective I deem it
necessary to define those socially constructed terminologies that are central to my debate. For the
purpose of this discussion, the Minimum Age Convention of the ILO (Convention 138) defines
child labour as “economic activity performed by a person under the age of fifteen, and prohibited
for being hazardous to the physical, mental, and moral well-being of the child as well as for
preventing effective schooling.” Zehra (2002, p. 173). The convention goes further to qualify
labour as; "not limited to work for gain but includes chores or household activities in the
household of the child's care-giver, where such work falls within the definition of child labour”.2
Qualifying child labour as waged means that in return for their services, children labourers are
rewarded in cash or kind even if this ‘wage’ is exploitative.

1
http://www.laborrights.org:80/stop-child-labor, Retrieved on 27/04/2018
2
www.ilo.org/public/english/standards/ipec/simpoc/southafrica/report/page3.htm, Retrieved on, 29/04/2018

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 Child is said to be the father of man and a citizen of tomorrow. Child in some strata of
today’s society is being deprived of the opportunity to evolve into a fuller human being of the
future.3

The employment of children under age 14 is inhuman as well as illegal. The problem of child
labour is inter-linked with various socio-economic conditions. Poverty is considered its main
cause, which leads to illiteracy, low productivity, poor health and low life expectancy. Some
of the industries that depend on child labour are match and fireworks, bangle-making, beedi-
making, power looms and manufacturing processes using toxic metals and substances, such
as lead, mercury, manganese, chromium, cadmium, benzene, pesticides and asbestos. A
certain number of child labour is also found at brick kilns, handicrafts-making, silk and silk
products, soldering processes in electronics industries and on floriculture and vegetable
farms. Child labour is an evil that must be eliminated.4

Increasing attention is being paid to strengthening the enforcement machinery related to child
labour. Soon after the enactment of the comprehensive Child Labour (Prohibition &
Regulation) Act, 1986, the Government of India recognized the need to protect child labour
from exploitation and from being subjected to work in hazardous conditions that endanger
such children’s physical and mental development, and the need to ensure the health and
safety of children at the workplace. It recognized that they should be protected from
excessively long working hours and from night work. Even work in non-hazardous
occupations should be regulated, and all working children should be provided with sufficient
weekly rest periods and holidays and then Government adopted a National Child Labour
Policy in 1987. The Policy focuses on areas known to have high concentration of child labour
and to adopt a project approach for identification, withdrawal and rehabilitation of working
children.5

3
http://www.tnchildlabour.tn.gov.in/, Retrieved on, 29/04/2018
4
http://www.childlineindia.org.in/, Retrieved on, 29/04/2018
5
http://labour.nic.in/, Retrieved on, 28/04/2018

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Child labour is the practice of having children engages in economic activity, on part or full-time
basis. The practice deprives children of their childhood, and is harmful to their physical and
mental development. Poverty, lack of good schools and growth of informal economy are
considered as the important causes of child labour in India.

One in every five children aged 5 to 17 in the world today is involved in child labour, doing
work that is damaging to his/her mental, physical and emotional development. These children
risk their health and their lives and mortgage their lives as future adults.
These children work in a variety of industries, and in many parts of the world. The vast majority
are in the agricultural sector, where they may be exposed to dangerous chemicals and
equipments. Others are street children, peddling or running errands to earn a living. Some are
domestic workers, prostitutes, or factory workers. All are children who have no fair chance of a
real childhood, an education or a better life. 6

Children work because their survival and that of their families depends on it. Child labour
persists even where it has been declared illegal, and is frequently surrounded by a wall of silence,
indifference and apathy. In totality there are estimated to be about 218 million child labourers.
Of these 73 million working children are less than 10 years old. The realization of the full
potential of a nation is closely wound with the quality of human capital it has. But when such
7
large numbers of children are forced to work instead of study, the nation’s growth is stunted.

Child labour is often thought of as endemic to the underdeveloped parts of the world. But the sad
truth is that no country is immune. There are 2.5 million working children in the developed
countries and another 2.5 million working in the transition economies.

India is one of the worst affected countries. Conservative estimates peg the number of child
workers at 20 million. For a country with aspirations of being seated at the high table of global
economic powers, this is one problem that cannot be swept under the carpet.8

6
AHMAD. M, Child labour in Indian politics. (Kalpaz Pub. Delhi, 2004), p. 217
7
GEORGE Ivy, Child labour and child work. (Ashish Pub, New Delhi 1990), p 324
8
"Children and Work (Annual Report 2009)". Census 2001. 2008. p. 108.

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 2. NATIONAL LGISLATION AND POLICIES AGAINST
PROHIBITION OF EMPLOYMENT OF CHILDREN
(CHILD LABOUR)

LEGISLATION
The Constitution of India (26 January 1950), through various articles enshrined in the
Fundamental Rights and the Directive Principles of State Policy, lays down that:

FUNDAMENTAL RIGHTS FOR CHILDREN UNDER THE CONSTITUTION OF

INDIA

 Article 15 (3) Guarantee of right to equality without any discrimination; empowers

State to make special provisions relating to children.
 Article 21 Right to life.
 Article 21 A free and compulsory educations to all children of the age of six to
fourteen years.
 Article 23 Prohibits traffic in human beings and forced labour.
 Article 24 No child below the age of 14 years shall be employed to work in any
factory or mine or engaged in any other hazardous employment.9

DIRECTIVE PRINCIPLES OF STATE POLICIES FOR CHILDREN UNDER THE

CONSTITUTION OF INDIA

9
Bare Act, The Constitution of India, 1950

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  Article 39(e) State to direct its policy towards securing the health and strength of
children and that their tender age is not abused and they are not forced by economic
necessity to enter avocations unsuited to their age or strength.
 Article 39 (f) State to direct its policy towards securing that children are given
opportunities and facilities to develop in a healthy manner and in conditions of
freedom and dignity; and childhood and youth are protected against exploitation and
against moral and material abandonment.
 Article 45 Early childhood care and education for all children until they complete the
age of fourteen years.

FUNDAMENTAL DUTIES FOR CHILDREN UNDER THE CONSTITUTION OF INDIA

 Article 51 a (k) It shall be the duty of every citizen of India, who is a parent or
guardian to provide opportunities for education to his child or ward between the age
of six to fourteen.10

Child labour is a matter on which both the Union Government and state governments can
legislate. A number of legislative initiatives have been undertaken at both levels. 11 The major
national legislative developments include the following:

 Child Labour (Prohibition & Regulation) Act, 1986

The Child Labour (Prohibition & Regulation) Act, 1986 was enacted to prohibit the engagement
of children below the age of fourteen years in factories, mines and hazardous employments and

10
The Constitution of India, 1950
11
"THE STATE OF THE WORLD’S CHILDREN - 2011". UNICEF

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to regulate their conditions of work in certain other employments. According to the Act, no child
shall be employed or permitted to work in any of the occupations set forth in Part A of the
Schedule or in any workshop wherein any of the processes set forth in Part B of the Schedule is
carried on, provided that nothing in this Act shall apply to any workshop wherein any process is
carried on by the occupier with the aid of his family or to any school established by, or receiving
assistance or recognition from the Government. Also, the Central Government may, by
notification in the official Gazette, constitute 'the Child Labour Technical Advisory Committee'
to advise the Central Government for the purpose of additions of occupations and processes to
the Schedule of the Act.12

The Central Industrial Relation Machinery (CIRM) in the Ministry of Labour is responsible for
enforcing this Act. CIRM is an attached office of the Ministry and is also known as the Chief
Labour Commissioner (Central) [CLC(C)] Organisation. The CIRM is headed by the Chief
Labour Commissioner (Central). In addition, a Central Advisory Board on Child Labour has also
been constituted under the Ministry to review the implementation of the existing legislations and
suggest measures for welfare of working children.

The main provisions of the Act are:-

 No child shall be required or permitted to work in any establishment in excess of such

number of hours, as may be prescribed for such establishment or class of establishments.
The period of work on each day shall be so fixed that no period shall exceed three hours
and that no child shall work for more than three hours before he has had an interval for
rest for at least one hour.

 No child shall be required or permitted to work overtime. No child shall be required or

permitted to work in, any establishment on any day on which he has already been

12
http://labour.gov.in/upload/uploadfiles/files/Divisions/childlabour/act.pdf , Retrieved on, 29/04/2018

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 working in another establishment.

 Every child employed in an establishment shall be allowed in each week, a holiday of one
whole day, which day shall be specified by the occupier in a notice permanently
exhibited in a conspicuous place in the establishment and the day so specified shall not be
altered by the occupier more than once in three months.

 Every occupier shall maintain, in respect of children employed or permitted to work in

any establishment, a register to be available for inspection by an Inspector at all times
during working hours or when work is being carried on in any such establishment
showing:- (i) the name and date of birth of every child so employed or permitted to work;
(ii) hours and periods of work of any such child and the intervals of rest to which he is
entitled; (iii) the nature of work of any such child; and (iv) such other particulars as may
be prescribed.

 The appropriate Government may, by notification in the official Gazette, make rules for
the health and safety of the children employed or permitted to work in any establishment
or class of establishments.

 Whoever employs any child or permits any child to work in contravention of the
provisions of this Act shall be punishable with imprisonment or with fine or with both.

 Any person, police officer or inspector may file a complaint of the commission of an
offence under this Act in any Court of competent jurisdiction. No Court inferior to that of

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 a Metropolitan Magistrate or a Magistrate of the first class shall try any offence under
this Act.13

SALIENT FEATURES OF THE CHILD LABOUR (PROHIBITION &

REGULATION) ACT,1986 .

"Child" means a person who has not completed his 14th year of age. Prohibits employment
of children in 16 occupations and 65 processes contained in Part A & B of the Schedule (Sec.
3). Regulates the conditions of employment of children in all other occupations and processes
not prohibited under the Act. For employing child in contravention of (sec. 3) the employer
shall be punishable with imprisonment for minimum 3 months which may extend to 1 yr. or
with fine not less than 10,000 rupees which may extend to 20,000 rupees or with both [sec.
14(1)]. Whoever commits a like offence again, shall be punishable with imprisonment for a
term not less than six months which may extend to 2 yrs.[sec.14(2)] PROVISIONS IN THE
FACTOR

 The Factories Act, 1948: The Act prohibits the employment of children below the age of
14 years. An adolescent aged between 15 and 18 years can be employed in a factory only
if he obtains a certificate of fitness from an authorized medical doctor. The Act also
prescribes four and a half hours of work per day for children aged between 14 and 18
years and prohibits their working during night hours.

Under Section Under Section-67 of The Factories Act, 1948, 67 of The Factories Act,
1948, no child who has not completed his fourteenth years shall not completed his fourteenth years
shall be required or allowed to work in any factory.

13
Bare Act, The Child Labour(Prohibition and Regulation) Act,1986

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Penalties: as provided in sub-sections sections (1) and (2) of sec.14 of (1) and (2) of sec.14 of the
Child the Child Labour (Prohibition & Regulation) Act, 1986 PRO14

 The Mines Act, 1952: The Act prohibits the employment of children below 18 years of
age in a mine. Further, it states that apprentices above 16 may be allowed to work under
proper supervision in a mine.

 The Juvenile Justice (Care and Protection) of Children Act, 2000: This Act was last
amended in 2002 in conformity with the UN Convention on the Rights of the Child
covers young person’s below 18 years of age. Section 26 of this Act deals with the
Exploitation of a Juvenile or Child Employee, and provides in relevant part, that whoever
procures a juvenile or the child for the purpose of any hazardous employment and keeps
him in bondage and withholds his earnings or uses such earning for his own purposes
shall be punishable with imprisonment for a term which may extend to three years and
shall also be liable for fine. In some States, including Karnataka and Maharashtra, this
provision has been used effectively to bring to book many child labour employers who
are otherwise not covered by any other law and to give relief and rehabilitation benefits
to a large number of children.15
 Section 2 (k) – Child till completing the age of eighteen years.
 Section 2 (d) (ia) - Definition: “working child” as CNCP.
 Section 23 – Punishment for “exposing” child to cruelty and causing mental or physical
suffering: 6 months imprisonment and fine.
 Section 24 – Punishment of employment: 3 years imprisonment and fine. Punishment for
abetment for begging: 1 year imprisonment and fine.
 Section 26 – Punishment for exploitation of child by hazardous employment, bondage or
withholding of earnings: 3 years imprisonment and fine. PROVISIO

14
http://www.tnchildlabour.tn.gov.in/prohibition.htm Retrieved on, 24/04/2018
15
http://www.ucw-project.org/attachment/oslo_joshi.pdf , Retrieved on, 27/04/2018

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 The Minimum Wages Act, 1948: Prescribes minimum wages for all employees in all
establishments or to those working at home in certain sectors specified in the schedule of the
Act. Central and State Governments can revise minimum wages specified in the schedule.
Some consider this Act as an effective instrument to combat child labour in that it is being
used in some States (such as Andhra Pradesh) as the basis on which to prosecute employers
who are employing children and paying those lower wages.16

 The Right of Children to Free and Compulsory Education Act, 2009: Provides for free
and compulsory education to all children aged 6 to 14 years. This legislation also envisages
that 25 per cent of seats in every private school should be allocated for children from
disadvantaged groups including differently abled children.

ANOTHER IMPORTANT LEGISLATIONS TO ELIMINATE CHILD LABOUR

 The Children (Pledging of ledging of Labour) Act, 1933 ) Act, 1933

 The Merchant Shipping Act, 1958 The Merchant Shipping Act, 1958
 The Motor Transport Workers Act, 1961 The Motor Transport Workers Act,
1961
 The Apprentices Act, 1961.
 The Beediand Cigar Workers (Condi gar Workers (Conditions of Emons of
Employment) Act, 1966 ) Act, 1966
 The Bombay Shops and Establishments Act, 1948 The Bombay Shops and
Establishments Act, 1948

INTERNATIONAL COMMITMENTS ‐ILO CONVENTIONS

 Convention No:5 of 1919 prohibits the employment of children below 14

years of age.

16
P.K.Padhi, Labour and Industrial Laws, 2nd Edition, 2012, Eastern Economy Edition.

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  Convention No:90 of 1948 prohibits the employment of children below 18 for
consecutive 12 hours.
 Convention No:138 of 1973 prohibits the employment of children below 14,
but allows after obtaining permission above the age of 14 years.
 Convention No:182 of 1999 prohibits worst of forms of child labour including
all forms of slavery, trafficking, child prostitution, pornography, use of
children for illicit activities below 18 years of age.17

INTERNATIONAL COMMITMENTS‐UN CONVENTION ON RIGHTS OF THE

CHILD 1989

 Atricle-19 (1): Appropriate legislative and administrative steps to protect children

 Atricle-28: Right to education
 Atricle-32: Protection against exploitation18

3. OTHER INITITATIVE AGAINST CHILD LABOUR

Government Policy

National Child Labour Policy was announced in 1987.Considering the complexity of the
problem, it envisaged a multi‐pronged approach, involving
17
Madslien, Jorn (4 February 2004), "ILO: 'Child labour prevents is ver", BBC NEWS.
18
"Child Labour - ILO". ILO, United Nations. 2011.

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  Project‐based Plan of Action for elimination of child labour in child labour endemic
areas, adopting a sequential approach.

 Focusing on general development programmes to target families of child workers Strict

enforcement of the Child Labour Act.19

National Child Labour Project (NCLP) Scheme

Under the project based plan of action, Government announced National Child Labour
Programme in 1988 in 9 districts of high child labour concentration.

The objective of the Scheme is to identify working children, withdraw them from work, put them
into special schools and to mainstream them into formal education.

 Stepping up enforcement of the Child Labour (P&R) Act.

 Coverage of families of Child Labour under income/employment generation

programmes.20

Major Activities under NCLP Scheme

 Intensive child labour Survey in the district Raising Public Awareness

 Stepping up enforcement of Child Labour Act to withdraw children from hazardous work

 Establishment of Special Schools to provide:

19
"Civil society urges PM to ban child labour". The Times of India. 22 June 2010
20
"A future without child labor". International Labor Organization, Geneva. 2002.ISBN 92-2-112416-9.

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  Vocational training; Master trainer for every district

 Non Formal / Formal Education

 Mid‐day meal

 Payment of Stipend

 Health Check up : A Doctor for every 20 schools21

Other Initiatives against Child Labour in India

Among the UN organizations, UNICEF has supported several initiatives against child labour,
which have been undertaken by the Government of India, as well as by civil society
organizations. Examples of such initiatives are the Bhiwandi Project in the Thane district of
Maharashtra, which aims at preventing and rehabilitating children employed in the power loom
sector.22

A great number of NGOs, both local and international, work in the field of child labour in India.
Here is a list of selected NGOs with their profiles:23

NGO Profile

Action Aid India One area of focus of Action Aid India is

education and 'left out' children (including
street and working children). The NGO has 12
regional offices (in Bangalore, Bhopal,
21
CONVENTION ON THE RIGHTS OF THE CHILD, THE ALTERNATE REPORT (INDIA) : Working group on the
convention on the rights of child. (Rainbow Pub, 1998)
22
http://www.ilo.org/legacy/english/regions/asro/newdelhi/ipec/responses/india/other.htm , Retrieved on,
29/04/2018
23
http://www.bba.org.in/, Retrieved on, 27/04/2018

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 Bhubaneswar, Kolkata, Chennai, Delhi,
Guwahati, Hyderabad, Jaipur, Lucknow,
Mumbai and Patna).

Butterflies Butterflies provide alternative education as well

as basic services to street children and working
children in the New Delhi area.

CARE India One of the main areas of activity of CARE in

India is girls' education. The NGO works in 11
Indian states.

Child Relief and You CRY targets underprivileged Indian children,

(CRY) including child workers. The NGO carries out
child development initiatives all over India. It is
based in Maharashtra.

CINI ASHA The NGO seeks to improve the quality of life of

socially disadvantaged children living in urban
areas through education, health and social
mobilization. The primary beneficiaries of CINI
ASHA programmes are street children, children
living in slums and squatter colonies, and
children of sex workers. The NGO is based in
West Bengal.

Concerned for CWC works in the field of child labour in

Working Children Karnataka.
(CWC)

CREDA (Centre for The NGO's work focuses on child labour

Rural Education and related activities. It has undertaken projects for
Development Action) the elimination and rehabilitation of child
labour around Varanasi (Uttar Pradesh).

Global March The Global March Against Child Labour is a

Against Child global movement against child labour. It has
Labour partners in over 150 countries and is based in
New Delhi.

Prayas Prayas works with destitute, street, and working

children. It addresses issues related to lack of
sensitivity and infrastructure for their
rehabilitation, education, and reintegration.
Prayas covers Delhi, Bihar and the earthquake

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 affected areas of Gujarat.

Salaam Baalak Trust This NGO works with street and working
children in and around New Delhi railway
station. It provides basic services to the
children, including formal and non-formal
education.

Save the Children Save the Children works for the elimination of
(UK) in India the worst forms of child labour. Currently, the
international NGO runs three projects with
working children in Rajasthan, West Bengal,
and Jammu and Kashmir.

M. Venkatarangaiya One of the primary goals of the Foundation is to

Foundation eliminate child labour by universalising school
education. The Foundation mainly works in
Andhra Pradesh.

World Vision India World Vision conducts nine special initiative

programmes, targeting in particular street
children, bonded child labourers and child
victims of sexual exploitation.

4. CASE LAWS

 In Hemendra Bhai v. State of Chattisgarh,24 the applicant was a partner of a

film, namely, Dayalal Meghji & Co. carrying on business of manufacturing and selling of
bidis at Raipur. In pursuance to the directions of the Supreme Court a surveyor inspected
the house of one Santosh Sahu of village Datranli, District, Raipur and found one boy,
named Kevra aged about 11 years making bidis. On being asked Santosh told him that
bidis were made for the above firm (i.e., Dayalal Meghji & Co.). The surveyor submitted

24
(2003) II L.L.J 645 (Chhat.).

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 a report to Assistant Labour Commissioner and he issued a show cause notice to the firm
directing it to deposit Rs. 20,000 as per directions of the Supreme Court and also to
provide education to children working in bidi manufacturing on the premises of the firm.
The firm challenged the demand notice and the Madhya Pradesh High Court, Jabalpur by
an order dated March 23, 1998 directed the firm to appear before the officer concerned
and the officer was directed to provide opportunity of hearing to the applicant and the
demand notice was stayed till disposal of the representation. On 30th April, 1998 another
show cause notice was issued to the firm calling upon to show cause as to why the
amount of Rs. 20,000 be not recovered from the firm. The firm made a detailed
representation on May "13, 1998. The Inspector appointed under the Child Labour
(Prohibition and Regulation) Act, 1986 submitted a charge-sheet before the Chief Judicial
Magistrate, Raipur for the Commission of offence under Section 14 of the Act against the
petitioner showing him as employer. In this petition the said criminal proceedings were
sought to be quashed under Section 482 of the Criminal Procedure Code. The High Court
quashed the proceedings for following reasons :

(i) the trial, Magistrate has not applied his mind to the facts and the law applicable to the
present case;

(ii) The firm had not employed the child as labourer in any workshop where its bidi
making was carried on. The workers were supplied raw materials and they rolled
bidis in their respective houses taking assistance of their children. The firm had no
control or supervision over the work of those workers;

(iii) If the house of the worker was treated as workshop under the definition in Section.
2(x) of the Act, then the worker who was the owner of the house became the occupier
under Section 2

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 (iv) Lastly there was no document or material to show that the child lobo in question was
below 14 years of age.

 In Ram Chander V. State of UP25, the petitioner was prosecuted under the Child
Labour (Prohibition and Regulation), Act, 1986 for having employed a person below 12
years in his carpet loom. To justify a conviction under Section 14(1) of the Act the age of
person employed must be proved to be below 14 years and the burden to prove that is on
the prosecution. In this revision applicantion filed by the applicant against his conviction
and sentence under Section 14(1) of the Act for having employed a person below 14
years the trial and appellate courts below had cast that burden on the accused applicant.
The High Court held that the burden to prove the age of person employed was on the
prosecution under Section 14(1) of the Act and that burden had not been discharged by
the prosecution. Hence the revision was allowed.

 In Raj KumarTiwari v. State and others 26, the petitioner employer was alleged
to have employed a child below 14 years of age and was imposed a penalty of Rs.
20,000/-. The petitioner challenged the order on the ground that the order was passed
without inquiry. The High Court found that an inquiry was held but it was sine qua non
for application of Section 14 of the Child Labour (Prohibition and Regulation) Act, 1986
that the child / person employed must be below 14 years of age: the impugned order
itself indicated that the child was below 14 yrs. Under the circumstances, the impugned
order was set aside by the High Court as being bad in law.

25
(2002) I L.L.J. 907 (All.).
26
(2003) III L.L.J 1045 (M.P).

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  In Raj Homes Pvt. Limited v. State of M.P 27. And another, the petitioner was
involved in selling of the houses and the labourers were employed by the Contractors.
The Assistant Labour Commissioner, -Bhopal issued a show cause notice to the petitioner
for violation of Sec. 3 of the Child Labour (Prohibition and Regulation) Act, 1986. The
petitioner challenged the order of the concerned authority to pay Rs. 20,000 per labour
and also to release the child labourer in his employment. In case the petitioner does not
deposit the amount it shall be considered as disobedience of the order passed by the
Supreme Court and the amount shall be recovered as an arrear of land revenue. The
petitioner in this petition contended that proper inquiry has not been conducted before
passing the impugned order. Evidence should have been recorded and also that order has
not been passed within six months. He also pleaded that opportunity of hearing should be
granted and a speaking order should be passed. The High Court dismissed the petition
and held, on facts, that opportunity of hearing had been afforded in the case and the
impugned order was perfectly in accordance with law.

5. ANALYSIS

India is sadly the home to the largest number of child labourers in the world.

Poverty and lack of social security are the main causes of child labour. The increasing gap
between the rich and the poor, privatization of basic services and the neo-liberal economic
policies are causes major sections of the population out of employment and without basic needs.
This adversely affects children more than any other group. 28 Entry of multi-national corporations
into industry without proper mechanisms to hold them accountable has lead to the use of child
labour. Lack of quality universal education has also contributed to children dropping out of
school and entering the labour force. A major concern is that the actual number of child
27
(2003) III L.L.J 626 (M.P).
28
Universal’s , Labour & Industrial Laws, 22nd Edition, 2009, Universal Publication, p.234

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labourers goes un-detected. Laws that are meant to protect children from hazardous labour are
ineffective and not implemented correctly.

A growing phenomenon is using children as domestic workers in urban areas. The conditions in
which children work is completely unregulated and they are often made to work without food,
and very low wages, resembling situations of slavery. There are cases of physical, sexual and
emotional abuse of child domestic workers. The argument for domestic work is often that
families have placed their children in these homes for care and employment. There has been a
recent notification by the Ministry of Labour making child domestic work as well as employment
of children in dhabas, tea stalls and restaurants "hazardous" occupations29.

According to HAQ: Centre for child rights, child labour is highest among schedules tribes,
Muslims, schedule castes and OBC children. The persistence of child labour is due to the
inefficiency of the law, administrative system and because it benefits employers who can reduce
general wage levels. HAQ argues that distinguishing between hazardous and non hazardous
employment is counter-productive to the elimination of child labour.

Various growing concerns have pushed children out of school and into employment such as
forced displacement due to development projects, Special Economic Zones; loss of jobs of
parents in a slowdown, farmers' suicide; armed conflict and high costs of health care. Girl
children are often used in domestic labour within their own homes. There is a lack of political
will to actually see to the complete ban of child labour.

However, in August last year the Indian government banned all labour for children under the age
of 14. Hiring a child is now a punishable offence, with up to two years in prison, a fine of
Rs50, 000 ($840) or both. The ban follows India’s 2009 Right to Free and Compulsory
Education Act (known popularly as the right to education or RTE), which states that all children
from the ages of six to 14 have the right to free schooling. Yet a year on from the child labour
ban and, despite much talk, there is no visible difference on the ground.

29
S.N.Mishra, Labour and Industrial Laws, 27th Edition, 2013, Central Law Publications, p.432.

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Laws banning child labour and making education compulsory are laudatory actions, but are not
enough to stop these children from working or shift them into classrooms – for two reasons.30

First, the RTE exists only on paper. Referring to the concept, the official website admits “the
right exists in theory, but there is no capacity to implement this right in practice”. Government
schools suffer from a lack of qualified teachers, clean drinking water and toilets.

(Only 54 per cent of schools have a separate girl’s toilet and so girls drop out once they start
menstruating.)

Having failed in its responsibility, the government has foisted the task to private schools.
However, they do not have the financial resources or the will to accept students under the RTE.
Then there is the corruption involved in getting school admission or even the
Application form.

Second and more fundamentally, the underlying cause of child labour still exists: poverty. While
numbers are difficult to determine, the 2001 census counted 12.7mworking children in India,
between the ages of five and 14, whereas a 2011 Unicef report 31 stated a figure of 28m. For most
of them, working is not an option; it is a necessity. The majority are not forced into labour or
kept as slaves; They are working because they need to make some money to survive. Poverty
keeps these children out of school, working hard to earn whatever little money they can to
augment their desperately low family incomes.

No one wants to see children working, least of all their parents. We all want to see them healthy,
safe, and well cared for, playing games and learning for the future. But the reality in the streets is

30
Dr. Rega Surya Rao’s Lectures on Labour & Industrial Laws, 2nd Edition, Asia Law House
31
Child Labour and Education - Digest 28", UNICEF.

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far from ideal. Banning child labour without addressing poverty serves merely to eliminate a
viable and currently necessary alternative for these children and their families. 32

Until we can alleviate poverty and eliminate the need for these children to work, simply banning
child labour is both unrealistic and unhelpful.
What we should do instead is ensure that these children who need to work are not exploited that
they receive at least a minimum wage on time and don’t work in unsafe or unhealthy
environments, receive healthcare and other government benefits, and are well fed. Furthermore,
we should ensure that when they and their families are in a better financial state, these children
are assisted in making a smooth transition from workplace to school, so they can complete their
education successfully or enrol in vocational training to set them securely on a path to a viable
future.33

CONCLUSION

Child Labour, be in any form, is usually harmful and exploitative, thus endangering a child’s
physical, cognitive, emotional, social and moral development. Since the UDHR(Universal
Declaration of Human Rights) or ICCPR(International Covenant on Civil and Political Rights)
failed to specify distinct rights of children, the United Nations brought us the Convention on the
Rights of the Child(CRC) for the sole purpose of protecting such an important yet vulnerable
section of our society.

32
H.L.Kumar, Law Relating to Disciplinary Proceedings in Industries, 6th Edition, 2009, Universal Law Publishing Co.
33
Magnitude of Child Labour in India Table 12, Section 8.12, Government of India

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Child Labour clearly does violate Article no. 32 of CRC , which states the child’s right “to be
protected from economic exploitation and from performing any work that is likely to be
hazardous or to interfere with the child’s education, or to be harmful to the child’s health or
physical, mental, spiritual, moral or social development.”

Children are the greatest gift to humanity and Childhood is an important and impressionable
stage of human development as it holds the potential to the future development of any society.
Children constitute principle assets of any country. Children’s Development is as important as
the development of material resources and the best way to develop national human resources is
to take care of children. India has the largest child population in the world. All out efforts are
being made by India for the development and welfare of children. Significant progress has been
made in many fields in assuring children their basic rights. However, much remains to be done.
The country renews its commitment and determination to give the highest priority to the basic
needs and rights of all children. Children are most vulnerable to exploitation and abuse. A lot
more has to be done for the health, nutrition and education of children.

A number of policy initiatives and programmes have been undertaken in this country over the
last decade with the basic objective of dealing with the problem of the rapidly increasing number
of child workers. The formulation of a new National Child Labour Policy, the enactment of the
Child Labour (Prohibition and Regulation) Act 1986, the setting up of a Task Force on child
labour, the adoption of the Convention on the Rights of the Child and so on have all formed a
part of this process. Corresponding initiatives were taken in the related area of education where a
New Education policy was formulated which incorporated a separate component for working
children. It is the objective of this paper to examine whether the policy initiatives taken by the
Government of India over the last few years can make an impact on the child labour situation in
the country. In particular, the paper examines the basic understanding of the issue of child labour
in the Indian context, which has influenced the policies and strategies adopted by the
Government. In doing this it is argued that the government policies governing child labour are
based not only on assumptions which are fundamentally flawed but also on a faulty appreciation
of the situation in the field. It is further argued that, because of this, the set of policy
prescriptions and strategies that follow cannot adequately deal with the problem. Consequently,

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unless the basic premises adopted by the policy makers are abandoned, no significant change can
be made in the child labour situation in the country.
The Child Labour (Prohibition & Regulation) Act(External website that opens in a new window) ,
1986 of India prohibits the employment of children below the age of 14 in factories, mines and
in other forms of hazardous employment, and regulates the working conditions of children in
other employment. The Act also regulates the working conditions of children in all other
employment, which are not prohibited under the child labour (Prohibition and Regulation) Act,
1986.

The researcher also examines the role of the education policy in relation to child labour. It shows
how, in proposing Non Formal Education as a major strategy for dealing with illiteracy among
working children, the Government has failed to realize the potential of formal primary education
as a powerful tool for withdrawing children from work. In the end the researcher asserts that
compulsory education, at least at the primary level, is not only desirable but also a viable and
practicable solution to the problem of increasing child labour.

Two assumptions have broadly influenced Government's policies in respect of child labour. The
first is that, child labour is a 'harsh reality' and one can only mitigate some of the harshness of the
exploitative aspects of child labour. The 'harsh reality' of child labour arises out of the fact that in
the present state of development in the country many parents, on account of poverty, have to
send their children to work in order to supplement their income and the income derived from the
child labour, however meagre, is essential to sustain the family. This is the 'poverty argument of
child labour.

The second assumption is that there is a distinction between child labour and exploitation of the
child labour. It has been accepted that a certain amount of child labour will persist under the
family environment which is non-exploitative. This is not only inevitable but also desirable. At
the same time, there are other forms of child work such as in hazardous occupations, factories
and other organized establishments which are reprehensible and should not be allowed to
continue.

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The above assumptions have defined the framework of all policies adopted by the government. It
would be appropriate at this stage to see exactly how policies of the Government have been
influenced by this framework.

BIBLIOGRAPHY

 PRIMARY SOURCE: -

STATUTE: -

 The Child Labour (Prohibition and Regulation) Act, 1986

 The Juvenile Justice (Care and Protection) of Children Act, 2000
 The Right of Children to Free and Compulsory Education Act, 2009
 The Factories Act, 1948

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  The Constitution of India, 1950
 Labour and Industrial Laws

 SECONDARY SOURCE: -

BOOKS: -

 AHMAD. M, Child labour in Indian politics. (Kalpaz Pub. Delhi, 2004)

 Universal’s , Labour & Industrial Laws, 22nd Edition, 2009, Universal Publication
 Dr. Rega Surya Rao’s Lectures on Labour & Industrial Laws, 2nd Edition, Asia Law
House
 P.K.Padhi, Labour and Industrial Laws, 2nd Edition, 2012, Eastern Economy Edition.
 S.N.Mishra, Labour and Industrial Laws, 27th Edition, 2013, Central Law Publications.
 H.L.Kumar, Law Relating to Disciplinary Proceedings in Industries, 6th Edition, 2009,
Universal Law Publishing Co.

WEBSITES:-

 http://www.ilo.org/legacy/english/regions/asro/newdelhi/ipec/responses/india/national.
 http://labour.gov.in/upload/uploadfiles/files/Divisions/childlabour/act.pdf .
 http://www.tnchildlabour.tn.gov.in/prohibition.htm
 http://www.ucw-project.org/attachment/oslo_joshi.pdf
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 http://www.childlineindia.org.in/

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