NO CHILD LABOUR

DOMESTIC WORK IN

This Paper entitled, “No Child Labour in Domestic Work” developed by Institute of Public Policy Research & Development (IPPRD) supported by Save the Children in concert with J&K Yateem Trust(JKYT), District Child Protection Advisory Group(DCPAG) Anantnag is informed by the experience of struggle, resilience and creative survival practices of Kashmiri people vis-à-vis child labour . It is an invitation to all – government, civil society, local and international organizations – as well as to development practitioners, to continue enriching the understanding for nature of domestic work under taken by the children and the growth of the sector; the contribution that these domestic child workers make to economic and social development with the primary objective of sustenance keeping in mind; the impact of violations against Child domestic workers; why they need protections and how to protect them. In the light of promising initiatives implemented by government, and civil society groups, including industrial organizations, and path breaking developments in the international human rights system, we focus on why and how to protect Children as domestic workers. In doing so, it makes the normative and efficiency case for implementing legal and social protections for child domestic workers. This paper highlights the international standards to protect child domestic workers; demonstrates how to apply these and shares lessons learned from good practice around the world on these issues.

IPPRD.

ACKNOWLEDGEMENTS:

The report presented herein is a collective effort put in by the members at Institute of Public Policy Research and Development (IPPRD) who acknowledge and thank many contributors particularly JKYT for sharing their expertise, experiences, time and thoughts that made this report possible. A very special thanks to DCPAG, Prof. A.G Madhosh, Dr. Farooq (DDC , Anantnag), for the inspiration, insights and continuous support to the realization of this publication. We would also like to thank the Senior Members of South Kashmir Civil Society, Management and the Communications and Advocacy team of the Save the Children for their continuous support.

COMPILATION TEAM: IPPRDBashir Ahlmad Ganie Sajad Ahmad Rather Sayar Ahmad Parray

EDITED : RAO FARMAN ALI

Rafiq Ahmad

DESIGN: BASHIR A GANIE

Over the decades Kashmir has been in conflict; the first & foremost affects have been its children. The children become orphans. They fall into the traps of orphanages that to satiate the proprietors greed exploit them and isolate them socially. They end up as domestic helps or in the occupations in open-air locations such as the street, the market, the shops, the motels; on remote farms and orchards; in guest-houses and hotels; in private households; and in back-room workshops. Even in certain cases they are being exploited- both by the interstate and intrastate agencies, mainstream politicians as well as the off-stream groups to serve their designs in terms of victims to Indian armed security personnel or militants. All these are outside the normal reach of labour controls.

There has been an attempt to profile the impact on the children falling in the age group 6 -14 years entitled TALASH but (it focussed on drop-outs and never enrolled only) more detailed and reliable information on the impact of work on children is needed to inform growing public concern about the issue. Methods of research need to be specially developed which take account of the wide variety of jobs undertaken by children, and of the difficulties in reaching them -- especially when they are employed within the households of others.

Not only the contractual basis of child domestic labour but many of its practical characteristics have features akin to slavery. A child employed in a private household may be unpaid; be expected to work round the clock without any time off; be virtually imprisoned and treated as the GHULAAM (chattel) of the employer. In the 1993 Report of the ILO's Committee of Experts on the Application of the Conventions and Recommendations, comments on the situation of restaveks (child domestic workers) in Haiti in relation to one of the ILO's most important labour standards -- Convention No.29 Concerning Forced or Compulsory Labour (1930). The Committee noted the domestic worker's separation from her home and family, the threat of physical and sexual abuse, the long hours, the exploitative conditions, and the humiliation he/she must endure.

The hazards linked to child domestic work are a matter of grave concern. The ILO has identified a number of hazards to which domestic workers are particularly vulnerable and the reason it may be considered in some cases a worst form of child labour. Some of the most common risks children face in domestic service include: long and tiring working days; use of toxic chemicals; carrying heavy loads; handling dangerous

INTRODUCTION

items such as Knives, axes and hot pans; insufficient or inadequate food and accommodation, and humiliating or degrading treatment including physical and verbal violence, and sexual abuse. The risks are compounded when a child lives in the household where he or she works as a domestic worker. These hazards need to be seen in association with the denial of fundamental rights of the child, such as, for example, access to education and health care, the right to rest, leisure, play and recreation, and the right to be cared for and to have regular contact with their parents and peers. These factors can have an irreversible physical, psychological and moral impact on the development, health and wellbeing of a child.

In Kashmir - the turmoil added fuel to the denial of the Child’s basic rights and consequently, approximately 1.43 % of Orphans of Armed Conflict are mainly the children of slain militants especially in border areas and in some far-flung hamlets were/are engaged as labourers[ below 14 years of age], because their families were/are completely dependent upon them. This is primarily seen in the uprisings of the 2008 (Amarnath Land Row) and 2010 about 80% of those killed by Indian security forces were the school going children, it is because of this that some of the parents of school going children got demotivated to keep their wards in homes. This too was an onus to the child labour. Ironically, some of the separatist [Pro-freedom] leaders say that people of Kashmir need Azadi

(Freedom), saying that it hardly matters that a child loses a school day in resistance struggle, justifying strike calls, on the other hand, these very leaders press for the implementation of UN resolutions on Kashmir, if so, then what about Geneva Convention 1989, on Rights to Child or the clauses of UNCRC. Tragically government and its machinery or the Indian security agencies in Kashmir project peace in Kashmir by a measuring rod of normal functioning of schools while as resistance leaders measure the success of strike calls by the closure of the schools as one of the parameters. So it is opportune time that schools in J&K be declared as “Zones of Peace”.

This paper presents research experiences of prominent Kashmiri’ academicians, administrators, civil society members and strives towards the development of a mechanism to rescue Children entangled in the web of Child Labour or those that are attracted by some adult baiters whose motive is to exploit them. It explores through personal testimonies, the significance of regulating and protecting child domestic work from the point of view of child domestic workers, industrial federations, government and employers in Kashmir. But it goes beyond “making the case”, to also demonstrating how standards to promote and protect the rights of Child Domestic Workers, exemplified in the international human rights system and analysises the pros and cons of good practices, that can actually be applied to nip the evil in the bud and up scaled.

“1.43 % Orphans of Armed Conflict, who are mainly the children of slain militants in border areas and in some far-flung

hamlets were/are engaged as labourers, because their families were/are

completely dependent upon them”

It is opportune time that schools in J&K are declared as “Zones of Peace”.

Nitta as the name suggests is notorious Child Domestic Labourer from a village in the vicinity of town Anantnag. He dropped out of school at eight years age in 2005 as his father was killed in custodyby Indian Security Forces. He used to do domestic labour in neighbours houses for free for initial three years. In 2008 he lost his elder brother and his mother suffered accidental brain damage & lost her memory. The unfolding of sad events cast their shadows on Nitta as he lost his hearing power but he turned into a rowdy fearless labourer with hell of courage. He is in demand for hispotential labour in every house of his neighbourhood. Extracting sand and stones from the bed of rivulet Lidder he earns Rs 1000 a day. He has a JK Bank saving account and saves most of it for the winters. In winters he visits tourist destinations like Goa, Keralaand makes merry.

A Domestic Child Labourer in Kashmir

Child Domestic Labourers should lead the movement to enforce protections for domestic workers.

Protecting domestic workers promotes the recognition of all women and girls who perform domestic work.

Domestic workers c a n b e powerful political leaders and change agents, if their rights are respected.

NITTA’S MESSAGES

Child Labour in Domestic Work!

Child labour: Child labour is the practices of having children engage 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.

The 2001 national census of India estimated the total number of child labour, aged 5–14, to be at 12.6 million. The child labour problem is not unique to India; worldwide, about 217 million children work, many full-time.

UNICEF estimates that India with its larger population has the highest number of labourers in the world less

than 14 years of age. International Labour Organisation estimates that agriculture at 60 percent is the largest employer of child labour in India, while United Nation's Food and Agriculture Organization estimates 70 % of child labour is deployed in agriculture and related activities. Outside of agriculture, child labour is observed in almost all informal sectors of the Indian economy.

Child labour in domestic work: Child labour in domestic work refers to situations where domestic work is performed by children below the relevant minimum age (for light work, full-time non-hazardous work), in hazardous conditions or in a slavery-like situation.

UNICEF estimates that India with its larger population has the highest number of labourers in the world less than 14 years of age. International Labour Organisation estimates that agriculture at 60 percent is the largest employer of child labour in India.

Domestic work- the Meaning!?

Following Convention No. 189, “domestic work” means work performed in or for a household or households and “domestic worker” means any person engaged in domestic work within an employment relationship.

The term “domestic work” covers a wide range of tasks and services that vary from country to country, society to society & culture to Culture and that can be different depending on the age, gender, ethnic background and migration status of the workers concerned, as well as the cultural and economic context in which they work. This means that a definition of domestic work and the workers involved on the basis only of the tasks being performed, risks being perpetually incomplete. Rather, the Convention No. 189 draws on the common and distinctive characteristic that domestic workers are employed by, and provide services for, third party private households.

Household chores performed by children in their own homes does not constitute child domestic work:

Household chores undertaken by children in their own homes, in reasonable conditions, and under the supervision of those close to them are an integral part of family life and of growing up, therefore something positive. However, in some cases, there might be concerns over certain situations where these workloads might interfere with the children’s education or be excessive, in which case they might be tantamount to child labour.

Children doing household chores in their own home, and children in domestic work (in a third party household) might perform similar tasks. However, in the first case, the employment element is missing; therefore, we should avoid referring to those situations as domestic work.

Children doing household chores in their own home, and children in domestic work (in a third party household) might perform similar tasks. However, in the first case, the employment element is missing; therefore, we should avoid referring to those situations as domestic work.

Child Domestic Work - a “hidden” PHENOMENON difficult to tackle!

This phenomenon is often hidden and hard to tackle because of its links to social and cultural patterns. In many countries child domestic work is not only accepted socially and culturally, but is also regarded in a positive light as a protected and non-stigmatised type of work and preferred to others forms of employment – especially for girls. The perpetuation of traditional female roles and responsibilities, within and outside the household, as well as the perception of domestic service as part of a woman’s “apprenticeship” for adulthood and marriage, also contribute to the persistence of child domestic work as a form of child labour.

The hazards faced by child domestic workers:

The hazards linked to child domestic work are a matter of serious concern. The ILO has identified a number of hazards to which domestic workers are particularly vulnerable and the reason it may be considered in some cases a worst form of child labour.

Some of the most common risks children face in domestic service include: long and tiring working days; use of toxic chemicals; carrying heavy loads; handling dangerous items such as knives, axes and hot pans; insufficient or inadequate food and accommodation, and humiliating or degrading treatment including physical and verbal violence, and sexual abuse. The risks are compounded when a child lives in the household where he or she works as a domestic worker. These hazards need to be seen in association with the denial of fundamental rights of the child, such as, for example, access to education and health care, the right to rest, leisure, play and recreation, and the right to be cared for and to have regular contact with their parents and peers. These factors can have an irreversible physical, psychological and moral impact on the development, health and wellbeing of a child.

Lack of Research:

Although domestic service is known to be one of the most widespread forms of child employment in the world, very little research has been done into it and there is limited reliable information on which to base campaigns.

Positive and Negative aspects of working children Positive aspects • Development of self-reliance, sense of responsibility, independence and general character formation. • Stimulates the mind, mental growth, and thinking capacity. • Skills are acquired for future life. • Learning of cultural ways of life. • Providing physical exercise and change of activity from academic work. • Provides an understanding of the environment in which the child lives. • Necessary for the economy of the child and its family. • Reduces temptation to join bad groups. • The world of work and adulthood is brought home to the child.

Negative aspects • Children work more than they should and become too fatigued to work well in school. • Some parents insist on children working at the expense of school and play. • Thwarted attainment and children become poor achievers, do not do homework, and neglect private study. • Exposed to health risks (eg HIV/AIDS), mental and physical growth stunted. • Absenteeism grows and temptation from paid work to abscond and drop-out. • Girls tend to be overworked and children often exploited in inappropriate work (eg beer brewing, selling in pubs or late at night, heavy manual labour). • There might be an association between working and children involvement in undesirable behaviour; delinquency, promiscuity and prostitution.

Abid- a Child Domestic Labourer

“Attention, Education & Toil can really help Child Domestic Workers to better their plight.”

.

Child domestic workers Should be provided Social protections like healthcare, insurance education, etc.

Society needs creative and innovative solutions to protect child domestic workers.

Abi comes from a modest rural family of Anantnag. He started working as domestic worker at the 12 years when he was in class 7th only to join a private school. Presently he is in class 11th at Govt Hr. Sec. School.

Abi’s KEY MESSAGES

Make our Future Bright, Shape our Future Right. Stop Child Labour.

In Jammu & Kashmir, an estimated 60,000 to 70,000 children between the ages of 6-15 are working as street vendors, domestic workers, agricultural labourers, factory workers, laundry workers and helpers for mechanics, with the vast majority (73%) working in rural areas. Overall more boys than girls in Kashmir are working but it is not clear whether domestic work is sufficiently counted in child labour estimates as child domestic workers.

Child domestic labour, like other forms of child labour, is a common household strategy that is often used to reduce costs and/or to increase income (ILO, 2009; Camacho, 1999; Bhat, 2005). On the one hand, it may offer opportunities for children that may not be available in their own households. On the other hand, it may put thousands of children under harsh working conditions. While as OAC (Orphans and Children) in Kashmir has attracted scholars’, policymakers’ and NGOs’ attention over the last few years, the experiences of child domestic workers in Kashmir has not been thoroughly studied. Child domestic workers are objectively vulnerable due to their employment in a high-risk form of labour, and their experience of exploitation on the basis of their gender, age and social class.

To address this gap, in November 2012, Rao Farman Ali lead Institute of Public Policy Research and

Development, Anantnag took to undertake an exploratory study on child domestic workers in Kashmir.

The aim of the study is three-fold:

1. to understand the complex working and living conditions of child domestic workers;

2. to address the vulnerability of children employed in the domestic sector; and

3. To explore the opportunities and benefits available for them in this environment.

Moreover, the study provides first-hand baseline data on employers of child domestics, former and current child domestic workers and their families. It has inquired into the opinions of children, employers, recruiters and families who are impacted by child domestic labour. In addition this study aims to contribute towards the expansion of child protection as well as the inclusion of child domestic workers in national policies and laws. Furthermore, it is anticipated that the findings of this study may be used to mobilize efforts of national, international and civil society organizations to include child domestic workers’ specific needs in child and labour protection policies wherever appropriate.

In Kashmir, an estimated 60,000 to 70,000 children between the ages of 6-15 are working as street vendors, domestic workers, agricultural labourers, factory workers, laundry workers and helpers for mechanics, with the vast majority (73%) working in rural areas.

F.A Rao lead IPPRD, Anantnag took to undertake an exploratory study on child domestic workers in Kashmir.

Eldest of Gorsi Brothers- An ex- Domestic child Labourer

"I pledge that I will not support child labour in any form. Further i will support any effort to eliminate it."

GORSI’s KEY MESSAGES

Government should embed protections for domestic workers across all departments – labour, justice, social protection etc.

Government must research and record the value of domestic work – because it is the only sector neglected thus far.

Not all child domestic workers are exploited. There are good employers who take care of their education too. I always beseech Allah for peace to my employers departed soul. He treated me like his youngest son.

“The ILO Convention on Decent Work for Domestic Workers presents a tremendous opportunity. Ratification is an entry point to institutionalize the protection of domestic workers, and states will be accountable for elimination of all forms of discrimination especially labour discrimination.”

Government must research and record the value of domestic work – because it is the only sector neglected thus far.

Story: Gorsi’s Working in Samsung Mobiles at DELHI as an executive, he strives to get recognised

recorded and rewarded the value of domestic work to the economy Gorsi the eldest from a Gujjars family of Nagrend

village of Y K Pora Qazigund had never been to school

for he had no liking for the dull environment of a

government school. He had a flare doing things on

own. He spend his whole days roaming in the jungles

in the vicinity. Fed up with the lashing his child every

evening his father one day decided to send his child

away. It was only out of the love for the father feared

that the child may fall victim to the Gun. He told this

to his brother-in-law of DH Pora Kulgam, who advised

him to send the child as a domestic help to family in a

village in vicinity of Anantnag. Gorsi’s Mamu (Uncle)

knew the family well. He also thought that since the

children in the family were all well read, somehow this

will motivate Gorsi towards School.

So in June 2002 the Uncle accompanied the child

(Gorsi) and his mother to the family. The trio spend

two nights at the village and after being satisfied Gorsi

was left to live with the family. Gorsi was 9 years old

by then.

Gorsi spend a year or so doing little works like

fetching & feeding cattle, however he developed

interests in books. Seeing this, his employers son – a

govt teacher enrolled him in class fourth of his school

directly and after annual exams discharged him to

attend a school in the village. Later Gorsi was sent to

an English medium Private school. He completed 10th

and as he had no interest in bookish knowledge the

family sent Gorsi to Gautama Buddha ITI Noida were

he did a Diploma in Mobile Repairing and Networking.

The family bore all his expenses.

During the Course he received an offer to work in

Samsung Mobiles which he accepted. He started

working assiduously and has there been in the Co.

since 2010. Gorsi today earns Rs. 30000 a month but

he regrets that he has had low education... had he

been an engineering graduate he would have been

earning 70000 plus as salary... to all such children

Gorsi spells out, “Dream big ... Read!” &” Dig into

Books.”

To all children in Child Labour Gorsi says, “Dream big ... Read!” &” Dig into Books.”

Gorsi spend a year or so doing little works like fetching & feeding cattle, however, he developed interests in books. Seeing this, his employers son – a govt teacher enrolled him in class fourth of his school directly and after annual exams discharged him to attend a school in the village.

RECRUITMENT OF CHILD DOMESTIC WORKERS

In Kashmir, child domestic labour typically involves the migration of children from an economically vulnerable household and/or region (e.g. typically rural areas although Child domestic workers may also come from poor urban areas) to a more affluent household and/or region (e.g. Gujjars sending their children to urban centres or wealthier rural areas). Gorsi brothers, three former child domestic workers, moved from their original village Nagrend in Y K Pora to an affluent household in Anantnag, with the help of a relative. Most of the cases we met reflected this characteristic.

Entry Factors:

Poverty is the main reason for children’s entry into domestic work. For example, child domestic workers like Gorsis reported working to pay for school and in some cases the child domestic workers like Nitta worked to pay for family expenses.

Family and child poverty may be due to unemployment, debt, regional or local conflict, family death and illness, excessive school fees, declining economy, rising inflation or natural disasters such as drought. Child domestic work then becomes a strategy to reduce household costs and/or increase household income. Gullraiz from Magam ended as a Child Domestic Worker (left school and joined work force) only to pay for the extra medical-expenses that the family had to cough up for his father has contracted Hepatitis C.

Importantly, child domestic workers consistently express their desire to assist their families by working. Barriers to education can also contribute to children entering domestic work such as when schooling is financially inaccessible or considered irrelevant or unproductive.

Some child domestic workers are motivated to seek out domestic work because of their educational aspirations (e.g. having an employer who sponsors a worker’s education, or by earning money to pay for school fees). Abid started working as a labourer right from age 12 when he was in Class 7th. He wanted to go to a private school like his friends but due to meagre income of his father it was not possible. He toiled hard and was able to enrol in a private school in class eight. Now he is in class 11th and in winters he moves out of the valley to sell Kashmiri Shawls as a Shawl Vendor in Northern India. Further it is found that when girls drop out from school, they are more likely to join the domestic service sector, than any other sector of the informal labour market.

Almost all the employers reported that they prefer using their social networks as a means to recruit domestic workers rather than the recruiters. Amina, a 31-year-old teacher, who is currently seeking a 13-year-old girl to babysit her 1-year-old son during her working hours, confided that recruiters cannot be trusted in this case. “I’m uncomfortable regarding the relationship of the girls [child domestic workers] with the recruiter; what if he sleeps with her and she gets pregnant? They can come and accuse my husband for that. He could recruit her for sex work, or so. You never know. It’s much more secure to get someone through the doorman or friends.” As a result, Amina has asked the wife of the municipal sweeper, who also comes and clean her house and maintain its lawns, to find her a trustworthy girl from the area.

Kulsum, an employer in her mid-forties, reported that she prefers getting domestic workers through family and friends so that she feels safe and ensures that the girl is trustworthy.

Employers prefer using their social networks as a means to recruit domestic workers rather than the recruiters.

Similar to the employer, sending families often reported that they prefer to send their children especially daughters to either work for people they know, or through people they know (recruiters/ family member).

In case of families who lost their male bread- earners in the turmoil or were reported as disappeared, the children took to work in order to support their families. These children were given work by their neighbours as a gesture of solidarity. Even in certain cases the rich of area paid them above par. For example, Akbar joined a neighbours tea-stall after his father disappeared, leaving both his mother and his grandmother under the mercy of rich people in the area.

With sending families, the most common recruitment means in village and poor urban settings is an aunt, uncle or neighbour who may have moved to work in City/town. All the sending families reported that they did not seek jobs for their children, but rather employers/recruiters came to seek a child to help.

Kulsum, an employer in her mid-forties, reported that she prefers getting domestic workers through family and friends so that she feels safe and ensures that the girl is trustworthy.

In case of families who lost their male bread- earners in the turmoil or were reported as disappeared, the children took to work in order to support their families. These children were given work by their neighbours as a gesture of solidarity. Even in certain cases the rich of area paid them above par. For example, Akbar joined a neighbours tea-stall after his father disappeared, leaving both his mother and his grandmother under the mercy of rich people in the area.

B. Jan- A Resident Domestic Child Labourer

“Child labour is wrong and every possible action needs to be taken to put an end to it. I aspire to be like my ma’am..... It is why I’m into it.... lest I hate it!”

B. Jan’s KEY Messages

Domestic work is the work that makes all other work possible.

I have a dream. I work to realize it. Despite being dull in studies and having paucity of time I study hard for I cherish to be like my ma’am. Muslim Communities should support orphans, destitute and disabled children in giving them a brighter future. A small investment in children’s future can prevent them from mistreatment and getting into child labour. We demand labour laws and contracts that will recognise domestic work as real work and end the exploitation of workers, once and for all

B. Jan- 13 years is a resident domestic worker presently studying in class 7th. She attends a govt. girls school. She comes off a landless labourer’s family from a village in vicinity of Kulgam. She has three more siblings at home. Her employer denied having her employed but admitted that she puts up in her residence and lives as her sister despite the fact that she is older than her mother.

B. Jan believes in action! Though she is dull in studies yet she maintains a keen interest in them. She never misses a school day. Besides she has a dream to realise.... to be like her ma’am (employer).

She gets Rs 500 monthly and hands it over to her mother. At times she keeps Rs. 50 for herself. Her mother spends this amount on her other kin.

Glimpses of Painting Competitions

Children have their own world. To known their feelings on Child Labour in Domestic work through colours, a painting competition was organised in the lawns of Dak Bungalow Anantnag. Renowned Cartoonist B.A.B besides famous social workers interacted and distributed prizes among the winners of the competition.

PREFERENCE FOR CHILD DOMESTIC WORKERS

The question of why employers preferred hiring a child domestic worker as opposed to an adult domestic worker is a billion dollar question. Although the majority of the employers report that they prefer to hire domestic workers who are 16 years old and above, as many ended-up hiring domestic workers who are as young as 9 years of age.

1. As a live-in help: one of the most important characteristics that is most favoured by employers is the 24-hour/7-day availability of live-in child domestics. Child domestic workers don’t have obligations because they are usually not married. They are reliable and easier to be with you all the time.

2. Obedience and non-competence: Obedience, for example, is a significant quality with child domestic workers. It was often mentioned that child domestic workers typically do not have a say and will not compete with you like older workers. Adult domestic workers do not like to take orders and argue a lot, whereas child domestic workers will not argue with you. They will just do what you tell them to do. They are not opinionated.

3. Innocence of child domestic workers: Child Domestics are too young to flirt with other sexes in the house, or they are not envious and will not look at what we have. While as adult

Domestic workers would look at their counter sexes, or may envy the employer and his children because he/she enjoys a better socioeconomic status.

4. Malleability: Child Domestics workers are malleable. Unlike adult domestics who have already acquired values and morals, child domestic workers can be moulded according to the employers’ taste, if treated well.

5. Children are cheapest Labour: Many people in Kashmir engage children as domestic help because they are a cheaper and more malleable source of household labour than adults.

6. Confusion between patronage and exploitation: There are many ambiguities about this situation. Some child domestics come from very poor backgrounds and the mother is widowed or abandoned. Their placement in a 'better home' is seen as an advantage. That they help out around the house is seen as a natural repayment for favour, and training for a future life of domesticity. The fact that many are on duty all hours of day and night, are discriminated against in the household, and sacrifice their own childhood to the well-being of the employer is not regarded. This is because of confusion between 'work as upbringing', and 'work as employment', and between patronage and exploitation.

Obedience, for example, is a significant quality with child domestic workers. It was often mentioned that child domestic workers typically do not have a say and will not compete with you like older workers. Adult domestic workers do not like to take orders and argue a lot, whereas child domestic workers will not argue with you. They will just do what you tell them to do. They are not opinionated.

7. Peer Pressure & Bandwagon Effect: This is mostly a case with girls of lower income locality. If in their locality someone made well after becoming a domestic labourer, their success stories attracted them. Often this made them to think that they too can earn and assist their families and to pay for their future dowries.

8. Educational misfits: Current child labour migrants are often found to be educational misfits who either fail or do not perform well in school. As a result, they may suffer regular beatings from teachers and/or from their parents. Moreover, having to resit an exam is often associated with embarrassment and a serious loss of face vis-à-vis friends and peers and other than providing an alternative and often fulfilling career path, work in households also provide an often welcome opportunity to escape difficult domestic circumstances.

9. Domestic discord or conflicts, in particular between fathers and sons, was a principal reason for why young boys left home, often on their own initiative and even without informing their parents.

10. Domestic work as part of upbringing: The idea of work as part of childhood training has a very long history. Since time immemorial, parents have brought up their children -- especially daughters -- to perform tasks about the house. Their help is needed in washing dishes, collecting water, minding livestock, looking after younger children and all the other daily activities that make the household function. Instruction in doing these things correctly is seen as a vital preparation for the child's future adulthood, marriage and parental life.

Where a family group includes a number of related

couples, it is also not unusual for parents to send a child to live in another household for part of his or her upbringing (this is a common practice in GUJJARS of Kashmir). This might be because the relatives are childless or infirm or because they are better off and can help a youngster make a good start in life. However, the important change today is that this kind of traditional child help is becoming commercialised. Increasingly, today many children and young people work in households which are not related to their own. Parents and employers see nothing wrong with this -- the job is a favourable opportunity for the child.

Very poor parents are relieved that the child will be housed and fed. They may hope that the child will strike lucky -- maybe marry someone rich. After all, many go from rural areas to work in town, where life is supposed to be much better. The employer, meanwhile, may sincerely intend to look after the child and attend to his or her interests.

But the actual consequences may be quite different. Child domestics – especially where they are living in -- are often very far away from family and home. They are also under the control of adults whose first concern is not their well-being, but their contribution to the well-being of the household.

The love and care all children ought to receive, together with other kinds of preparation for adult life than practice in domestic skills, is missing or cannot be guaranteed. Such children are also likely to be denied the chance of going to school. And if they are over-worked, neglected or abused, they have no-one to turn to and may feel isolated and trapped. When this kind of traditional childhood training becomes a job, therefore, the child's development is adversely affected.

It is also not unusual for parents to send a child to live in another household for part of his or her upbringing (this is a common practice in GUJJARS of Kashmir).

Take-Home Pay Issues Wages, as is the case with Child domestic labourers in rest of the world, in Kashmir are typically very low for child domestic workers. Child domestic workers may not be paid directly for their work, with part or all of their earnings going directly to their parents or to an intermediary. Some child domestic workers are not paid a wage but are paid in-kind as in exchange for room and board.

All the current and former child domestic workers, except those who work alongside their mothers, earned much the same on a regular basis. However, their rates are significantly lower than adult domestic workers. The average annual income for child workers is Rs 30 or 1/10 the average income for an adult daily wager. Boys’ wages on average are more than double the average wage for girls and wages of urban child workers are greater than wages for rural child workers.

Former child domestic workers often emphasized that they never touched the salaries they earned when they first started to work. The money typically went to the mothers and was spent on male siblings and/or on household expenses.

Employers are aware that the salaries they pay go to the parents in the end. They often use this to claim that parents of child domestic workers are exploitative and sell their children for money. This helps them to construct a contrasting image, coloured with religious and moral discourses, of exploitative parents versus the merciful employer, to rationalize hiring child domestic workers. They often distinguish themselves as the merciful employer, who is not like other employers.

There is also a gender difference in how salaries earned by child labour are used. Girls often gave their full salaries to their mothers who would decide whether to spend the money on younger siblings’ education or household expenses. However, they related that their brothers often spend the salaries they earned on clothes, leisure, going out with friends, and very rarely on the family.

Further, boy domestic workers are more likely to report working because of prior negative educational experiences but with the goal to learn a profession, whereas girls identified different aspirations such as wanting to earn their own money or helping their family financially.

Chairman ,South Kashmir Civil Society, SKCS, Prof. A.G Mir applauded the efforts taken by voluntary organisations like IPPRD, Save the

Children , JKYT , DCPAG to develop a structured mechanism in abolishment of child labour in Anantnag district. SKCS will

always support such like ventures.

There is no magic recipe; the problems posed by child labour in domestic work and to protect young children require a complementary approach in different domains and at different levels, including: developing statistical visibility and further enhancing knowledge on child domestic work to better capture child labour and youth employment in domestic work; awareness-raising and advocacy to transform social attitudes and to address the widespread acceptance of child labour in domestic work and the beliefs amongst employers and parents that these situations represent a protective and healthy environment for children – especially girls; promoting the ratification and implementation of the child labour Conventions No.138, No. 182 and of Convention No.189 concerning decent work for domestic workers; taking legislative and policy action to end child labour and to protect young workers in domestic work:

Cooperation is fundamental to effective action to eliminate child labour in domestic work, to protect young children from abusive working and employment conditions and to promote decent work for all domestic workers. Governments at large, workers and employers’ organizations, civil society groups, and international organizations have to continue to play a vital role in giving greater visibility to the issues and problems of child labour in domestic work.

identifying types of hazardous domestic work for children; Regulating the working and living conditions of domestic workers, with special attention to the needs

of young domestic workers. This should include strict limits on hours of work, the prohibition of night work, restrictions on work that is excessively demanding, and monitoring mechanisms on working and living conditions;

o Introduction of night schooling for Children working as domestic workers; o short-term vocational and technical courses for trained Child labourers especially in automobile

workshops; o Effective amendments in Abolishment of Child Labour Act 2010 of J&K o Adoption of appropriate penalties; o Provision of complaint mechanisms; o Facilitation of access to justice and legal redress; o Effective labour inspection that is authorized by law to enter premises in order to enforce

provisions applicable to domestic work. o Paying attention to child migrants vulnerability to abusive working conditions in domestic

work; o Formalizing the employment relationship in domestic work through written contracts / model

employment contracts; Enhancing the role of the social partners and extending freedom of association and effective

recognition of the right to collective bargaining in domestic work, including the recognition to young domestic workers of legal working of the right to join or form unions;

Enlisting the support of employers of domestic workers; Providing support to child domestic workers against child labour and for decent youth employment; Supporting the worldwide movement against child labour; Engaging with child domestic workers as agents for change; Joining forces to promote decent work for all: Better together.

Policies suggested to end child labour in domestic work!

Employers are aware that the salaries they pay go to the parents in the end. They often use this to claim that parents of child domestic workers are exploitative and sell their children for money. This helps them to construct a contrasting image, coloured with religious and moral discourses, of exploitative parents versus the merciful employer, to rationalize hiring child domestic workers. They often distinguish themselves as the merciful employer, who is not like other employers.

Cartoonist Daily Srinagar Times... Bashir Ahmad Bashir

B.A.B’S KEY MESSAGES

“I .”

“It is time for introspection and media must immediately take steps to remove hypocrites within the fraternity and establish a concrete policy, as a part of self regulation”

Famous Cartoonist and editor of daily Urdu Newspaper, Srinagar Times - heading the competition jury to decide the toppers in painting competition said that it is the proper time for introspection and media must immediately take steps to remove hypocrites within the fraternity and establish a concrete policy, as a part of self regulation.

Patron Jammu Kashmir Yateem Trust(JKYT)

“Our organisation will start a research based work on child labour and we expect constructive outcomes vis-à-vis child caught up in the snare of domestic work”

JKYT Chairman, Z.A Tak

KEY MESSAGES

We need to spell out the amount and kinds of work to be done so that mainstream workers get daily and weekly rest and paid annual leave in Industry, Commerce, Trade and Business.

During the valedictory speech Z.A Tak, Patron, JKYT, thanked all the participants of the workshop and said that JKYT will start a research based work on child labour and we expect constructive outcomes vis-à-vis child caught up in the snare of domestic work.

The average annual income for child workers is Rs 30 or 1/10 the average income for an adult daily wager. Boys’ wages on average are more than double the average wage for girls and

wages of urban child workers are greater than wages for rural child workers.

S A Shakeel, General Secretary, South Kashmir Federation of Industrialists (SKFI)

“As radical humanists we must discourage Child Labour from Society”

“Child domestic workers, especially girls and young women, need special protections from discrimination and violence including sexual violence.”

“We must work at the local level – to convince local governments, employment agencies and employers to protect domestic workers.”

General Secretary, South Kashmir Federation of Industrialists (SKFI), S. A Shakeel, said that industry needs energetic, educated and knowledgeable human resource, those who indulge in child labour in the industrial sector is damaging factor, keeping in view the child labour abolition act, as radical humanists we must discourage Child Labour in all spheres of our Society.

SHAKEEL’S KEY MESSAGES

The love and care all children ought to receive, together with other kinds of preparation for adult life than practice in domestic skills, is missing or

cannot be guaranteed. Such children are also likely to be denied the chance of going to school.

MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding (MoU) records the understanding arrived between South Kashmir Federation of Industrialists (SKFI) and District Child Protection Advisory Group Anantnag Objective:

One of the challenges which we are facing today is that a large number of children are out of schools and engaged in work. Since education is a fundamental right, strategy for the elimination of child labour needs to be inclusive and a universal approach has to be adopted. Thus there is a need to use other legal instruments as well to effectively abolish child labour. These are mainly the Bonded Labour System Abolition Act and the Juvenile Justice Act 2013. Working with children is both rewarding and demanding. Goal: To ensure that there is total abolition of child labour in industry and commerce and all children in 6-14 years age group enjoy their right to education.

The SKFI declares all forms of abuse and exploitation suffered by children unacceptable. It also vows to take steps to protect children and their families from exploitation and takes apprehensions of abuse of children by staff, donors or partners seriously and is committed to prevent them. The SKFI through this Child Protection Policy expresses its concern and endeavour to take measures for protecting and keeping children safe from abuse, neglect, exploitation and violence. Child Protection is a collective as well as an individual responsibility. All staff members will be made familiar with the need for a Child Protection Concern in all our activities. VOLUNTEERING & RECRUITMENT 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. Prohibition of engaging children in factories, etc 15-18 years in hazardous working conditions in industry and

commerce. All present & future employees, volunteers and members of SKFI will be informed about the Child Protection

Policy. They will be asked to sign a declaration for upholding child protection as part of membership. Special attention will be given to the areas of concern relating to child protection. During the recruitment process

in private industry applicants shall be asked about their experience of working with children. SKFI volunteers will be imparted training about the Federation’s Child Protection Policy. They will be provided a

copy of the Policy and will be required to sign a declaration that they have received and understood the contents. Individuals who are hired as contractors or suppliers will be provided a copy of the Child Protection Policy and

required to sign a declaration to the effect that they have received and understood it. It will be ensured through a monitoring mechanism that confidential information concerning child is not leaked /

misused. The child’s dignity shall be preserved even if under compulsion the reality has to be presented about the child.

Where there are apprehensions of child abuse Managers should inform authorized persons of SKFI and follow proper mechanism to investigate.

BEHAVIOUR PROTOCOLS Behaviour protocols are rules of appropriate and proper behaviour, which are designed to protect children and are also intended to prevent adults from false accusations, inappropriate behaviour and abuse regarding children. These protocols apply to Employees, Volunteers, Board members, contractors, sponsors and visitors to the Projects. SKFI personnel and visitors must not stay alone with one or more children, whether in staff accommodation,

project premises or elsewhere. SKFI personnel and visitors must not fondle, hold, hug or touch minors in an inappropriate or culturally

insensitive way.

PROCEDURES FOR REPORTING SUSPECTED OR ACTUAL ABUSE OF CHILDREN If SKFI receives any information about, or observe actual or suspected abuse anywhere in industry, owner of the industry shall immediately inform the higher authorities of SKFI. Where ever deemed, necessary, the matter will be referred for further investigation. Any member of SKFI staff who has knowledge or suspicion that a child is at risk must report this to the higher

authorities of SKFI, who will determine what action is to be taken. COMMUNICATIONS ABOUT CHILDREN All print material and visual documents about children shall use pictures that are decent and presentable, not

presenting the children as victims, or distressed children shall be adequately clothed. Poses and postures of children that could be interpreted as immoral shall not be recorded. Language that implies a relationship of power shall also be avoided. The Child’s dignity shall be preserved even if under compulsion the reality about the child has to be presented.

Websites and other promotional materials shall not use scanned images of children without formal permission of the caretaker and the parent(s)/Guardian(s) of the child. This permission shall be in writing.

Child’s whereabouts that could be used to identify the location of a child within the state shall not be used on websites or in any other form of communication related to child.

Individuals or Organizations seeking use of resources such as videos or photographs shall be required to tender an undertaking with the concerned establishment, for the proper use of materials. The undertaking will include a provision to the effect that if the material is used for a purpose or in a manner other than the one agreed upon, the borrowing individual or organization is subjected to legal action. Furthermore, failure to adhere to the agreed upon use of the material will result in the immediate termination of the permission to use the subject material and/or require immediate return of all materials provided by the concerned establishment.

SAFE ARRANGEMENTS & STRUCTURES SKFI shall ensure that arrangements for not engaging children as employees or labourers. It will be ensured that policies and Practices are revised at regular intervals, usually at least after every three Years. It will be ensured that any matter of child labour abuse is reported properly and action taken, as soon as possible.

MOU Effective Date: This Memorandum of Understanding shall be effective from the date of signing by both the parties. Signed on Wednesday June the Twelfth, Two Thousand and Thirteen. SD/= SD/=

South Kashmir District Child Protection

Federation of Industrialists Advisory Group

The boy domestic workers are more likely to report working because of prior negative educational experiences but with the goal to learn a profession, whereas girls identified different aspirations such as wanting to earn their own money or helping their family financially.

Zaffar Farooq Salati, President South Kashmir Federation of Industrialists (SKFI)

ZAFAR’S KEY MESSAGES

It is the bounden duty of SKFI not to involve Child as a labourer in Industry. Skills development training for domestic workers benefits workers by improving their employability and building confidence.

Employers also benefit when their workers undergo training.

Zafar Farooq Salati, President South Kashmir Federation of Industrialist (SKFI) said that they are committed to eradicate the menace of child labour in our society in general and the body to which I am the head in particular.

“Ours being an organised sector, so it is mandatory upon us to aware our fraternity about the menace of child labour, said Zafar, adding that SKFI will try to support victims of child labour and pave a way for their sustainable development in consultation with the experts in the particular area.

Zafar reiterated that as a part of Corporate Social Responsibility(CSR) it is the bounden duty of ours not to involve Child as a labourer in Industry, so, we have taken a pledge through an MoU that our fraternity will help in rescuing children from labour and will try to support them for getting better education!

“As a part of Corporate Social Responsibility(CSR)

it is the bounden duty of ours not to involve Child as

a labourer in Industry, so, we have taken a pledge

through an MoU that our fraternity will help in

recuing children from labour and will try to support

them for getting better education!”

SKFI will try to support victims of child labour and

pave a way for their sustainable development in

consultation with the experts in the particular area.

South Kashmir Federation of Industrialists (SKFI)

‘CHILD PROTECTION POLICY’

One of the challenges which we are facing today is that a large number of children are out of schools and engaged in work. Since education is a fundamental right, strategy for the elimination of child labour needs to be inclusive and a universal approach has to be adopted. Thus there is a need to use other legal instruments as well to effectively abolish child labour. These are mainly the Bonded Labour System Abolition Act and the Juvenile Justice Act 2013. Working with children is both rewarding and demanding. Those who work with children cannot always count on dealing with loving and cooperative parents who will make appropriate sacrifices for their children or give mental health professionals appropriate latitude to do their work according to their own best judgment. Although there is a growing recognition of the autonomy of children and respect for their input to matters affecting them, there remains a general lack of consensus as to when and how children's input should be considered, even in everyday matters. Goal To ensure that there is total abolition of child labour in trade and commerce and all children in 6-14 years age group enjoy their right to education. And will not engage children 15-18 years in hazardous working conditions in Industry and its related activities. The SKFI declares all forms of abuse and exploitation suffered by children unacceptable. It also vows to take steps to protect children and their families from exploitation and takes apprehensions of abuse of children by staff, donors or partners seriously and is committed to prevent them. The SKFI through this Child Protection Policy expresses its concern and endeavour to take measures for protecting and keeping children safe from abuse, neglect, exploitation and violence. Child Protection is a collective as well as an individual responsibility. All staff members will be made familiar with the need for a Child Protection Concern in all our activities. SKFI believes that children have: 1. Right to Life, Survival and Development of Personality. 2. Right to Education. 3. Right to Non-Discrimination 4. Right to Participation and 5. Right for Programs and approaches which are in the best interest of Children. The SKFI declares all forms of abuse and exploitation suffered by children unacceptable. It also vows to take steps to protect children and their families from exploitation. The SKFI takes apprehensions of abuse of children by staff, donors or partners seriously and is committed to prevent them. The SKFI through this Child Protection Policy expresses its concern and endeavour to take measures for protecting and keeping children safe from abuse, neglect, exploitation and violence. Child Protection is a collective as well as an individual responsibility. All staff members will be made familiar with the need for a Child Protection Concern in all our activities.

VOLUNTEERING & RECRUITMENT 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. Prohibition of engaging children in factories, etc 15--18 years in hazardous working conditions in trade and

commerce. All present & future employees, volunteers and members of the SKFI will be informed about the SKFI’s Child

Protection Policy. They will be asked to sign a declaration for upholding child protection as part of the appointment or membership process.

For all future appointments in the SKFI, a reliable character reference will be obtained (or an undertaking) and special attention will be given to the areas of concern relating to child protection. During the interview process applicants shall be asked about their experience of working with children.

No Child up to fourteen years will be used as labourer or employee in Trade and commerce. All staff members and volunteers will be imparted training about the SKFI’s Child Protection Policy. They will be

provided a copy of the Policy and will be required to sign a declaration that they have received and understood the contents.

Individuals who are hired as contractors or suppliers will be provided a copy of the Child Protection Policy and required to sign a declaration to the effect that they have received and understood it.

It will be ensured through a monitoring mechanism that confidential information concerning child is not leaked / misused. The child’s dignity shall be preserved even if under compulsion the reality has to be presented about the child.

Where there are apprehensions of child abuse Managers should inform the SKFI and follow proper mechanism to investigate.

Staff visiting the field for prolonged periods, will be given briefing on the incidence and indicators of child abuse

BEHAVIOUR PROTOCOLS Behaviour protocols are rules of appropriate and proper behaviour, which are designed to protect children and are also intended to prevent adults from false accusations, inappropriate behaviour and abuse regarding children. These protocols apply to Employees, Volunteers, Board members, contractors, sponsors and visitors to the concerned establishment Projects. SKFI personnel and visitors must not stay alone with one or more children or minors, whether in staff

accommodation, project premises or elsewhere. SKFI personnel and visitors must not fondle, hold, hug or touch minors in an inappropriate or culturally

insensitive way. ( in CWSN case it should be defined) Where possible and practical, the “two adult” rule, wherein two or more adults supervise all activities where

minors are involved and are present at all times, should be followed. SKFI personnel need to be aware that they may work with children who, because of the circumstances and

abuses they have experienced, may use a relationship to obtain “special attention”. The adult is always considered responsible even if a child behaves seductively. Adults should avoid being in a compromising or vulnerable position.

Inappropriate behaviour towards children shall be a substantial reason for punitive action. It should be recorded in service book.

SKFI personnel must be careful about perception and use in their language as actions and relationships with children.

PROCEDURES FOR REPORTING SUSPECTED OR ACTUAL ABUSE OF CHILDREN IN Should a member of SKFI Staff receive any information about, or observe actual or suspected abuse in a school or anywhere, he or she shall immediately inform the higher authorities of SKFI. Where ever deemed by him necessary, the matter will be referred for further investigation to any supervisory official. Any member of staff who has knowledge or suspicion that a child is at risk must report this to the higher

authorities of SKFI, who will determine what action is to be taken. COMMUNICATIONS ABOUT CHILDREN All print material and visual documents about children shall use pictures that are decent and presentable, not

presenting the children as victims, or distressed children shall be adequately clothed. Poses and postures of children that could be interpreted as immoral shall not be recorded. Language that implies a relationship of power shall also be avoided. The Child’s dignity shall be preserved even if under compulsion the reality about the child has to be presented.

Web sites and other promotional materials shall not use scanned images of children without formal permission of the caretaker and the parent(s)/Guardian(s) of the child. This permission shall be in writing.

Child’s whereabouts that could be used to identify the location of a child within a country shall not be used on websites or in any other form of communication related to child.

Individuals or Organizations seeking use of concerned establishment/s resources such as videos or photographs shall be required to tender an undertaking with the concerned establishment/s, for the proper use of materials. The undertaking will include a provision to the effect that if the material is used for a purpose or in a manner other than the one agreed upon, the borrowing individual or organization is subjected to legal action. Furthermore, failure to adhere to the agreed upon use of the material will result in the immediate termination of the permission to use the subject material and/or require immediate return of all materials provided by the concerned establishment/s.

SAFE ARRANGEMENTS & STRUCTURES SKFI shall ensure that arrangements and structures are in place to make sure that children are kept safe from harm. It will be ensured that policies and Practices are revised at regular intervals, usually at least after every three

years. It will be ensured that any matter of child abuse is reported properly and action taken, as soon as possible. Child Protection Audit: Who have signed the Child Protection Policy can neither engage any child as domestic/help labour nor can

employ him/her for any hazardous work.

I declare that I adhere by all the principles mentioned in Child Protection Policy.

Name and Signature of Unit Holder

Name:…………………………………………Designation:……………………………………………… Unit/Factory Address…………………………………....................Ph.No..………………………… M.No …………………………. Email:………………………………………………………. Date:……/…...../2013

Dr. Farooq Ahmad Lone, DDC, Anantnag

“A core group will be formulated which will carry a ground survey on child labour and exact number of children involved it, look into the causes and inferences with convergent thinking on the menace.”

We must look inside our own homes – how am I treating my worker?

Domestic workers’ groups don’t just need money – they need training, confidence-building and

Domestic workers don’t have to be domestic workers for life – let’s empower them to create sustainable livelihoods

Deputy Development Commissioner DDC, Anantnag , Dr. Farooq Ahmad Lone, was the Guest of Honour in the function said that there seems to be a disconnect between various administrative departments and we will try to develop a coordinative approach vis-à-vis elimination of child labour at district level, so, alternatives of livelihood for children caught up in child labour should be raised, which can help for their recue.

“We must create a trust or raise a special fund for such children,” DDC, Anantnag said, adding that a core group will be formulated which will carry a ground survey on child labour and exact number of children involved it , look into the causes and inferences with convergent thinking on the menace.

He further said that NGOs, Civil Society members and several others shall be involved in the core group.

DDC’S KEY MESSAGES

“We must create a trust or raise a special fund for such children,”

DDC, Anantnag

Prof. A.G. Madhosh, renowned Educational Child Psychologist

“Don’t spoil the child, spear the rod.”

.

While quoting the success stories of Switzerland and Austria, Prof. Madhosh said that these two countries have focussed upon Non-formal education, so it is opportune time for Government to start vocational trainings in schools and put into practice a clear policy of vocationalisation of education.

Schools have become exclusive institutions, appropriate education provides roadmap and goal is given by society, if social roots are not strengthened—the education system will collapse.

PROP. A.G Madhosh’s KEY MESSAGES

Renowned academician and educational child psychologist Prof. A.G Madhosh in the capacity of Chief Guest to the function said that after the proper identification of child labourer a comprehensive strategy should evolve through lateral thinking for the proper and prepared rehabilitation.

“It is encouraging that South Kashmir Civil Society (SKCS) has come up to address the problems of common stock of people in the respective area of domain and it is more laudable that the Institute of Public Policy Research and Development, Save the Children, JKYT, DCPAG is thinking for educational creativeness”, Madhosh said, “Don’t spoil the child, spear the rod.”

It is opportune time for Government to start vocational trainings in schools and put into

practice a clear policy of vocationalisation of education.

Assistant Development Commissioner, ADC, Anantnag G.M Dar said that child labour in Kashmir in general and Anantnag in particular is not an isolated problem.

“Our society is presently in transitional phase and is about to leap towards the loom of economic orientation,” Dar said, “These problems instead of alleviating get elevated.”

Adding, Sangam and Charsoo sand digging give a revenue of 50 crores annually , every child who works in these areas earns Rs 100/= for just 2-3 hours, which tells upon the education of these children involved in such labour.

KEY MESSAGES

G.M Dar ADC, Anantnag

Nisar Ahmad Nisar Deputy Director, Employment and Counselling

Deputy Director, Employment and Counselling, Nisar Ahmad Nisar said that these kind of events and workshops will surely give flip to eradicate child labour in the society, my department will make it mandatory for any enterprising person who seeks our support and wants to establish an income generating unit in Anantnag, to be counselled about the menace of child labour & its prevention.

“Our society is presently in transitional phase and is about to leap towards the loom of economic orientation,” Dar said, “These problems instead of alleviating get elevated.”

“My department will make it mandatory for any enterprising person who seeks our support and wants to establish an income generating unit in Anantnag, to be counselled about the menace of child labour & its prevention.” Deputy Director, Employment and Counselling- Anantnag.

Our Messages

District Social Welfare Officer DSO, Dr. Zahoor Ahmad Raina said that need of hour is to evolve a collective mechanism for the eradication of child labour in Anantnag. “Integrated Child Protection Scheme (ICPS) has not been implemented in the state of Jammu Kashmir; otherwise it can also help in the rescuing of children held up in child labour.

G.M District Industries Centre Anantnag

District Social Welfare Officer, DSO Anantnag

General Manager, District Industries Centre, Anantnag, Bilal Khursheed said that such like programmes should be carried in future also and sensitisation of all sections of the society is must.

An official from Assistant Commissioner Labour Anantnag adding to ADC Anantnag, said that their department has produced 4 challans against erring people and dozens of such cases have been identified and department is trying to arrive to the final conclusion.

Impact of Child Labour: Family, Community and State

Child Labour and State Responsibility

We Kashmiri’s behave like the “proverbial- ostriches”. For every wrong in our society earlier, we blamed the Maharaja Dynasty Rule; today we blame the Indian State. And we never blame ‘ourselves’ for all the wrongs happening in our society! In other words, when we blame the State for non-performing or excesses, do we blame the State as an institution external to us or as an institution internal to us?

Despite 62 years of State Responsibility, the continuation and perpetuation of the structural violence in the form of discrimination on the basis of gender, caste and class, cannot be dismissed merely as State’s non-performance. The instrumentation part of the State also cannot be reduced to a technical process, that when applied would solve the socio-economic problems.

This may necessitate changing the mindset of the people (administrators, politicians as well as masses), which sees gujjars, poor and girls as expendable categories. For that, one has to strike the roots of the society, which legitimizes some of this mindset. The roots lay in socio-cultural fabric of the society- its religion and scriptures, dogmas and superstitions, which manifest themselves within households as well.

Child Labour: Family and Community Responsibility

The use of child labour by poor families can be explained through a poverty framework; its use by middle income families has more to do with socio-cultural factors.

In Indian Societies, where women are generally not allowed to work outside their homes, certain economic roles are attributed to the children. Women cannot work, therefore they are “replaced” by males. Here children’s employment complements those of adult men and women; in the sense that “they are the only persons in the society eligible for performing certain tasks.” So child labour when is required by the social structure or by cultural values, its abolition through legislation is unlikely to be effective.

Family’s responsibility to take care of children does not emanate from any legal framework. Family, as a social institution, historically, has held the principal responsibility for taking comprehensive care of children. This is well recognized in the child rights approach as right to family is one of the most important right of a child. In most cases, the exploitation of child within family is an extension of the exploitation of family, but it is not true in all cases. There are cases, where parents directly ‘exploit’ children in the name of socialization process, and more general cases are, when parents discriminate among children on gender basis. How else can one explain that parents are not so poor for sending boys to schools, but are poor for sending their girls to school? Can we have legislation that prohibits child labour within the household? Here it is not that the idea is to ‘criminalize’ such parents, in the eyes of the state. What is required is to ‘criminalize’ such parents in the eyes of the community.

Right to education

Communities should have played a role in controlling the deviant household, family, parents, sons and daughters; however, the space is now gradually being taken over by the State. In other words, the State is acquiring control over these two institutions, but is not retaining the responsibility associated with the controlling power.

Approaches to address the problem of child labour

Legal Approaches: The Constitution of India has an elaborate provision on rights of children. There are certain articles in the constitution that specifically address the problem of child labour, and there are others that indirectly speak about protecting children from exploitative labour.

Laws on children suffer from contradictions, and most often, the interests of children have taken back seat. The ambiguity in laws has helped employers to use child labour as cheap labour, and has helped the State in turning blind eye to many of these practices. The need is a law prescribing minimum age of employment for all occupations, hazardous or non-hazardous, in all places of work, factories or farms or homes.

In regards to wage labourers (children), the employer can be prosecuted for employing children. However, in case of family (child) labour and street children, who are largely self employed, the application of laws become problematic, as law would then end up victimizing poor parents and children.

With children being employed by parents, mostly under compulsion, it becomes difficult to address this problem using legal means. Employers to circumvent laws are using this particular gap. Unfortunately, the present turmoil in the state forces a situation where, at times, parents and employers join together to circumvent legislation when economic interests of employers and social necessities of the families correspond. Laws rather than eliminating child labour, simply change the way in which children are exploited.

Since the State of Jammu & Kashmir enjoys special status under Article 370 of Indian constitution and it has its own constitution; the laws enacted in union of India are to be passed by the Legislature of the state. Right to Education is landmark legislation passed in 2009 by Indian parliament, however, it is an irony that the state legislative assembly is yet enact it; reasons could be others since inception of NC led coalition government has other priorities wherein they can draw the attention of masses in-order to tantalise them. On the other side majority of the people in either side of Jammu & Kashmir demand Azadi (Independence) from both the dominions (India & Pakistan) which arrived in various surveys conducted from 2005 onwards.

The most important central government scheme on child labour is the National Child Labour Project (NCLP) scheme, which is but an education project, aimed at setting up bridge school for “withdrawn” child labourers. Most of the NGOs also have education related programmes for the elimination of child labour. These programmes are generally of Non Formal Education (NFE) nature.

The good thing about this approach is that theoretically a child labour is being withdrawn from labour, and is enrolled into a bridge school, and later she is mainstreamed into the formal education system. A child is not only rescued but also rehabilitated, through her induction into the development process. Secondly, such an approach strengthens the movement for universalization of elementary education through common school system, as the campaign against child labour converges into this movement.

However, in respect of programmes that are formulated for working children in a way that they can combine their work with education, there are two reasons why this cannot be an effective solution. One, “child work” occupies a large part of the child’s time so much that the child starts seeing schooling as burden, because the schooling is at the expense of child’s time for play and recreation. Two, child work affects the child’s relation to education, in the sense, that working children not only starts feeling that they are adults already, but many a times get that kind of recognition from the family and community. Owing to this, the child does not feel the need for going to school and loses patience and commitment to academic learning.

There is no denial that both these objectives- universalization of elementary education and total elimination of child labour are interlinked. However, there are some problems in the way these two objectives are linked.

Firstly, there is a presumption that success in one objective translates into success in the other objective. It is often presumed that children are not going to school because they are at work, or children are at work, because they are not going to school, or parents are not confident about the education system. One has to clearly understand that these two are not necessarily in cause-effect relationship; in fact, the causes of each of them lie in various socio-economic reasons that were discussed earlier.

Secondly, the linkages made between them has a very dangerous implication, in the sense an illusion is being created, whereby the increase in enrolment in schools is being portrayed as success stories for the elimination of child labour. It has been proved, many a times, that most of the children enrolled in the NCLP schools are not really ex-child labourers, but are those non-working out of school children, who otherwise do not have access to free education. Now what is happening is that these children, who should have become part of formal education system, are now entering bridge schools and nonformal schools. NCLP schools are actually hindering the achievements of both the objectives. Many NGOs who claim all out of school children as child labourers strengthen this particular approach of the government, whereby the success of putting some otherwise idle children into low quality schools is shown as a grand step forward for eliminating child labour.

Finally, one has to understand that causes of child labour, as well as for illiteracy among children lie in those social, economic and political reasons that get manifested in the structure of economy and production chains, which push families to vulnerabilities.

Why the Govt. Of J& K hasn’t enacted such a scheme is a mystery better known to our politico- bureaucratic classes.

Eliminating Child Labour through Education

“Why the Govt. Of J& K hasn’t enacted such a scheme is a mystery better known to our politico- bureaucratic classes”

Combating child labour, by keeping education as core initiative, allows the state to ignore the negative impacts of globalization. As the State is disinterested or unwilling in incurring social and economic costs for breaking this vicious cycle, it has taken recourse to short-term low-cost solutions of setting up such bridge schools, which actually are low quality education alternative for all out of school children.

In this particular sense, it can be argued that free and universal elementary education cannot be a panacea for the elimination of child labour. Education is one of the many solutions, and for the state, it is a short-term solution. Education system in the present nature, unfortunately, is a crucial tool in reproducing socio-economic class structure, especially the sexual division of labour. Hence, schooling will help the disappearance of child labour only if social relations of production will change. Child labour is required to be addressed by a multitude of policies, especially the policies that could address the structural elements and lead to eliminating demand for child labour in the labour market.

Other Measures

There have been attempts to link child labour to trade especially through an imposition of global ban on child labour products to force the elimination of the practice of child labour and protect children's rights. Such proposals come from industrialized nations, who have to protect their own domestic industry. Such a proposal does not eliminate child labour; rather it displaces child labour to unorganized sector. Secondly, the immediate impact of such global ban will affect not only the macroeconomic stability of the nation but

also the non-child labour poor households in that sector. Thirdly, such proposals do not enforce any commitment to the rehabilitation of child labourers. Finally, a global initiative with focus on trade alone will rather than providing solutions to a problem that has immediate adverse impact domestically, may only veil the symptoms.

Even in domestic front, there are proposals to prohibit buying and selling of goods made using child labour. As concerned citizens, it becomes our duty that we do not perpetuate the system that strives through child labour services. Such a prescription, although, is good in itself, there is a need to rethink on this prescription. Generally, goods are produced by combined efforts of child labour households as well as non-child labour households. In the commodity chain, child labour may be involved in one particular stage, and not in all stages43. It is better to target at that particular stage. Otherwise such a blanket prescription may have adverse impact on those poor households who are not using child labour.

Similarly, there are views that child labour problem can be addressed through corporate social responsibility. As child labour is not yet totally illegal, it is suggested that corporate sector should come out with voluntary codes which prohibit direct or indirect use of child labour. There have been attempts to inculcate the ideas of social responsibility among corporate units, however their success have been very limited. In fact, the very concept of corporate social responsibility needs to be studied and analyzed, especially when working with the mindset of rights-based approach.

1. Reaching child domestic workers

The first priority in any efforts with child domestic workers is to reach them, but for their hidden situation this is no simple task. In addition to finding them via their parents and employers, contact with them has to be established by both direct and indirect routes, including in parks, street markets and supermarkets, at bus stops, places of worship, by going door-to-door, via schools, community leaders and through centres, shelters and hotlines. This requires not only determination, but also sensitivity and the use of effective information, education and communication techniques.

Seeking opportunities for education is among the main motivation for many children to enter domestic work – and for their families to permit or encourage them to do so. So schools can be a logical entry-point for contact with such children. Teachers in many schools can assist in identifying child domestic workers and awareness-raising has to be undertaken in schools attended by employers’ children – who can help to reach child domestic workers as well as transform employers’ behaviour in their own homes.

Word-of-mouth between domestic workers can play an important role in identifying child domestic workers.

A number of key lessons can be drawn from local experience of reaching child domestic workers. It has been found that making contact with child domestic workers outside the household requires considerable sensitivity. A particularly effective method of reaching child domestic workers is through contact by another young worker or a former child domestic worker. In this regard following need to be kept in mind:

• Engaging with the children of child domestic worker’s employers can reduce discriminatory behaviour in the home and can be an entry point to enlisting support from employers themselves.

• It is important not to alienate employers but instead to get them on board, or the child domestic workers in their care may suffer. Engaging in a positive and friendly way tends to work best.

• Where people are being sensitized to bring cases of child labour in domestic work, including its worst forms, to the attention of the authorities, retaining the co-operation of employers (if possible) is helpful. They will respond best to officials they already know and trust.

• Children working in automobile workshops are in a sense engineers in practice without formal degrees. Short term technical evening course programmes need to be conducted in concert with local ITI’s.

2 Working on Prevention and reintegration approaches in source areas:

Working with parents, families and communities of origin of child labour has been found to be critical in preventing children from entering hazardous employment and in ensuring sustainable (re)-integration for those returning home.

Identifying source communities and developing practicable preventive interventions requires specific approaches, some of which are pertinent to the eradication of child labour more generally.

RECOMMENDATIONS

These include efforts to maintain children in school, especially the enrolment of girls, as well as enhancing the quality of schooling and of school environments so that parents and children are motivated to maintain attendance and not drop out at an early age. Augmenting family income, especially for women, is another strategic intervention designed to reduce the need for children to work.

A key component of prevention has been the necessity of building awareness among families and the wider community that the practice of children entering domestic work may not be as beneficial as they had been led to believe. A variety of tools are to be used for this purpose, including community dialogues, dramas, radio, poster campaigns and children’s clubs in schools.

Several lessons have emerged from efforts to prevent and eliminate child labour in domestic work and to reintegrate withdrawn children:

• Awareness-building among children, parents and among community members generally, is the key to both prevention of recruitment/trafficking, and to the withdrawal from employer households of child domestic workers who are in child labour.

• The relevant public services and civil society groups, can provide shelter and rehabilitation for rescued victims, and play an important role in information, awareness-building and in orientation/facilitation.

• Maintaining contact with their families is not only a protective mechanism for child domestic workers, but is also important for their smooth return home if and when necessary. Additionally, regular dialogue between employers and parents of child domestic workers can help in sustaining familial relationships.

• Reintegration of a child labourer performing domestic work into her or his family requires material support to the child and/or family in addition to continued monitoring by community leaders contact and counselling with the relatives and the child, and should be in her or his best interest. It may also require or other appropriate third parties.

3 Responding to education and training needs

Top priority for almost all child domestic workers is the desire to go to school. Most of them understand the value of learning to build successful lives. However, the negative school experiences of some child domestic workers has also focused attention on the need to improve teacher training, change discriminatory attitudes, and upgrade school facilities for girls in particular. Non-formal education or “bridge courses” are commonly provided in cases where formal schooling is not available, or where catch-up classes are necessary to facilitate entry into mainstream education. The scope of these classes range from academic subjects, especially basic reading, writing, and numeracy to complementary topics, such as life skills, creative activity, communications, and other issues not necessarily covered in a formal curriculum.

4 Getting employers on board

Identifying and assisting child domestic workers through engagement with their employers is a highly effective and sustainable strategy. However, is not easy to do. NGOs can undertake time intensive door-to-door method. This can help to convince employers to alter their view towards their child domestic workers.

Getting employers on board takes persistence and sensitivity. Key lessons include:

• Enabling employers of young domestic workers to see schooling and vocational training not as unhelpful distractions but as positive advantages for young workers in their home, including for her or his manner and performance in the household.

• Sustaining this support for young workers in domestic work requires regular follow-up contact with the employer.

• Mechanisms for productive engagement with employers of young domestic workers are important. Centre-based programmes should establish community networks to monitor violations of child rights in the neighbourhood and promote changed attitudes towards child domestic work and an end to violence in the home.

5 Helping child domestic workers to help themselves

The right of children to participate in decisions affecting their lives is enshrined in the UN Convention on the Rights of the Child and in ILO Convention No. 182. It requires a shift from adult perceptions of children as passive victims of child labour, abuse, and violence towards understanding them as citizens and individuals capable of analysing and responding to their situations and problems.

Child domestic workers have, in numerous ways, demonstrated themselves to be central agents of change in their own lives, and in the lives of children in similar situations. Invariably, soliciting the views of child domestic workers – including the very youngest – provides an essential perspective on their situation and needs, as well as resulting in information with which to target assistance to combat child labour and to promote decent youth employment more effectively.

In regular consultations with child domestic workers undertaken at local level, they have commented on the importance of service providers and adult decision-makers recognizing their competence and agency, and on assistance which builds individual and collective child domestic work capacity to help themselves.

It was found that the most effective interventions are those which systematically involve child domestic workers in their planning and implementation.

6. Awareness-raising and advocacy:

i) Developing statistical visibility and knowledge on child domestic work:

Domestic workers have traditionally suffered from statistical invisibility, and child domestic workers are no exception. This has hindered action in this sector. Improving data collection and statistical tools to better capture child labour and youth employment in domestic work, as well as enhancing the knowledge base, should continue.

These efforts are crucial to informing meaningful policy, awareness raising and action against child labour and for decent youth employment at national, regional and international levels. Research efforts should concentrate on improving methodologies for capturing and monitoring the number of child domestic workers and the trends in their working and living conditions – including working time, rest periods, night work and occupational safety and health considerations (hazardous domestic work). Research efforts should also be pursued to improve methodologies to better capturing those subject to slavery-like situations in domestic work.

ii) Result oriented research methods:

As a cost effective strategy, research efforts on child domestic work should build upon research efforts on domestic workers in general. These efforts should also build on the work of relevant public national institutions and academia. Furthermore, research efforts should be pursued by strengthening cooperation and coordination networks and partnerships, producing and disseminating practical tools, and sharing of practical knowledge and experience among key stakeholders, including governments, the social partners and civil society organizations. Knowledge and experience sharing should take place at national, regional and international levels, including through South-South/Triangular Cooperation.

iii) Advocacy about child domestic employment:

• A publicity campaign about the exploitation of child domestic workers, directed at the public.

• A programme of sensitisation about certain aspects of the practice, directed at employers.

• A programme of sensitisation directed at children and their parents who send them into jobs in town without being aware of the consequences.

• A programme of sensitisation in the main 'sending' provinces in rural areas directed at community leaders, teachers and health staff.

• Discouraging ‘elite capture’ in villages and border areas of the state.

7. Formalizing the employment relationship in domestic work

Written contracts are an important way of regulating the employment of domestic workers and formalizing their protection.

Efforts to develop model employment contracts for domestic workers, including young workers in domestic work, should be encouraged and pursued. Model contracts should include specific clauses aimed at protecting young workers in domestic work. Such clauses should pay special consideration to their specific protection requirements, including social protection, as well as to their right to compulsory education and to participate in further education or vocational training.

8. Supporting the worldwide movement against child labour

Civil society organizations play an important role in the worldwide movement to tackle child labour. Building the worldwide movement towards eliminating child labour in domestic work and protecting young workers above the minimum age in this sector – globally, nationally and locally – is a priority. These organizations are at the frontline, hand in hand with public authorities and the social partners, in reaching child domestic workers and providing them with necessary services and protection. Their contribution is crucial; therefore, their work must be acknowledged, encouraged and supported.

9. Better together: joining forces to promote decent work for all

Significant progress has been made in recent years in understanding and responding to child domestic work. This would not have been possible without the range of partnerships that have developed across geographical and sectoral divides. However, while the issue is firmly on the international agenda, there remain major gaps in the numbers of dedicated practitioners at national, sub-national and sectoral levels.

Supporting the establishment and strengthening of domestic workers’ organizations and identifying and encouraging more organizations to take up the issue on the ground is critical – not only to reach and assist more children, but also to promote social dialogue and support regulatory, policy and advocacy efforts, as relevant, at national and international levels.

Stronger country-level partnerships between UN agencies, including ILO, UNICEF, UNHCHR, UNESCO and UNODC, could help bolster efforts on the issue; as would support from civil society organizations working on issues relating to child domestic work such as girls’ education, the commercial sexual exploitation of children, trafficking in persons, violence against children, adolescent and sexual health and early marriage, as well as those working more broadly on human rights and economic and social development issues.

Cooperation is fundamental to effective action to eliminate child labour in domestic work, to protect young workers from abusive working and employment conditions and to promote decent work for all domestic workers. Governments at large, workers and employers’ organizations, civil society groups, and international organizations have played a vital role in giving greater visibility to the issues and problems of domestic workers. This has resulted in positive developments in national law and policy, and in mobilizing support for the ratification and effective application of the recently adopted Domestic Workers Convention, (No. 189).

However, we could all do more. Continued concerted action, in particular, from these stakeholders will be critical in bringing about decent work for domestic workers in the coming years.

It is crucial to continue generating political support and influencing public perceptions and attitudes towards:

i) A better understanding of child labour in domestic work and the need to eliminate it;

ii) The provision of adequate protection to young workers in domestic work – when they can legally work; and

iii) The general recognition of domestic worker’s rights and dignity and of the economic and social value of the work they perform.

10. Services for the child workers:

• A programme which would allow child domestics to meet others in the same situation. • An educational programme structured to meet the practicalities of their working lives. • A vocational training scheme to open up other job options. • A drop-in centre, which can also take in runaways and conciliate between domestics and employers in conflict. • A programme for regular health check-ups, including psychological tests and counselling.

11. Regulatory action: • The establishment of a voluntary code of practice about the employment of child domestics. • A legislative ban on the employment of children below a certain age as domestic workers.

This list is not exhaustive, but it covers most types of possible action. Some organisations may choose to do several activities. What you intend to do has an important influence on what you want to know.

For example, if you are planning to open a drop-in centre (with the aim of counteracting negative impacts on childhood development), it will not be necessary to know where the child workers come from originally; you need to concentrate on their current locations so that the drop-in centre is put in a place accessible to them. But if you want to sensitise parents to the problems their working children are likely to face (with the aim of preventing children going into domestic work), the places children come from will be very important.

Conclusion

The biggest challenges to rescue and rehabilitation efforts are in making them sustainable and ensuring that the approach provides alternative livelihoods in the long-term, in order to prevent people from relapsing into labour- hood or being subject to other forms of exploitation. The rescue and rehabilitation of Child Domestic labourers must be monitored by competent, independent and properly resourced authorities. There is an urgent need to ensure that funds set aside by government for the purpose of rehabilitation get to Child Domestic labourers and their families quickly upon identification and release, and that appropriate guidance is given as to their use.

In particular, government must materially support rescued Child Domestic labourers, such as by providing them with land and helping them to develop guilds/self help groups/cooperatives, in order to enable the rescued Child Domestic labourers to use their skills (for example as farmers) to sustain themselves and their families. Furthermore, Child Domestic labourers should be assisted in organising to protect themselves and their families.

More research is needed to understand Domestic child labour better. Sectors where Domestic child labour is prevalent should be identified and action-oriented studies undertaken on the extent, nature, mechanisms and features of domestic child labour, using participative and ethically sound methodologies and, in particular, involving children with relevant experience. Research is also needed in order to understand the links between domestic child labour and education, migration and trafficking and the broader political economy of Domestic Child Labour and exploitation more generally.

Who is doing what and where on domestic child labour should be mapped, and legislative and judicial shortcomings documented in order that improvements can be made.

Increased and more coordinated advocacy efforts at local and international levels are required to generate the political and social will to overcome the established social and cultural practices, entrenched attitudes, exploitative social and labour relationships, and vested interests that make Domestic Child Labour a seemingly intractable problem.

Advocacy should focus on strengthening social movements against bondage and exploitation of children, and ensuring that appropriate action is taken in accordance with the law and in the interests of bonded child labourers and their families. The right of every child to education should feature prominently in lobbying efforts. In particular, awareness must be raised amongst legislators, the judiciary, law enforcement officials, lawyers, journalists and government officials to promote understanding of Domestic Child Labour and to motivate these groups to act in accordance with their obligations.

Domestic Child Labourers should not merely be the beneficiaries of the efforts. Although reaching Domestic Child Labourers in the communities where they are hidden is a big challenge, their participation must be at the heart of all of actions, whether these are advocacy, research, rehabilitation or other efforts. Bonded child labourers are vulnerable, but at the same time have experience and strengths that can serve as a force for generating social support and ultimately in consigning Domestic Child Labour to history.

It is perceptible that the problem of child labour does not have any readymade solution, either through legal instruments or through universal education.

A human rights perspective is necessary for a fuller understanding of child labour, as it focuses on discrimination and exclusion as contributing factors. The United Nations General Assembly Special Session on Children in 2002 endorsed a mainstreaming

approach– placing child labour on the development agenda. This implied that a new ambition had to be set for the worldwide movement against child labour. In political terms this means putting child labour on the agenda of finance and planning ministries – after all, the worldwide movement has to convince governments to act to end child labour. Child labour elimination comes down to a set of political choices rather than a technocratic exercise. And everyday realities of instability and crisis challenge attempts at making progress.

Way Forward

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