Introduction

Child labour refers to the employment of children in any work that deprives children of their

childhood, interferes with their ability to attend regular school, and that is mentally,

physically, socially or morally dangerous and harmful.[3] This practice is considered

exploitative by many international organisations. Legislations across the world prohibit child

labour.[4][5] These laws do not consider all work by children as child labour; exceptions

include work by child artists, supervised training, certain categories of work such as those

by Amish children, some forms of child work common among indigenous American children,

and others.[6][7][8]

Child labour was employed to varying extents through most of history. Before 1940,

numerous children aged 5–14 worked in Europe, the United States and various colonies of

European powers. These children worked in agriculture, home-based assembly operations,

factories, mining and in services such as newsies. Some worked night shifts lasting 12

hours. With the rise of household income, availability of schools and passage of child labour

laws, the incidence rates of child labour fell.[9][10][11]

In developing countries, with high poverty and poor schooling opportunities, child labour is

still prevalent. In 2010, sub-saharan Africa had the highest incidence rates of child labour,

with several African nations witnessing over 50 percent of children aged 5–14 working.[12] Worldwide agriculture is the largest employer of child labour.[13] Vast majority of child

labour is found in rural settings and informal urban economy; children are predominantly

employed by their parents, rather than factories.[14] Poverty and lack of schools are

considered as the primary cause of child labour.[15]

The incidence of child labour in the world decreased from 25% to 10% between 1960 and

2003, according to the World Bank.[16]Nevertheless, the total number of child labourers

remains high, with UNICEF and ILO acknowledging an estimated 168 million children aged

5–17 worldwide, were involved in child labour in 2013.

CL in INDIA

Child labour is the practice 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.[2][3]

The 1998 national census of India estimated the total number of child labour, aged 5–14, to

be at 12.6 million, out of a total child population of 253 million in 5-14 age group.[4][5] A 2009-

2010 nationwide survey found child labour prevalence had reduced to 4.98 million children

(or less than 2% of children in 5-14 age group).[6] The 2011 national census of India found

the total number of child labour, aged 5–14, to be at 4.35 million,[7] and the total child

population to be 259.64 million in that age group.[8] The child labour problem is not unique to

India; worldwide, about 217 million children work, many full-time.[9]

Indian law specifically defines 64 industries as hazardous and it is a criminal offence to

employ children in such hazardous industries.[10] In 2001, an estimated 1% of all child

workers, or about 120,000 children in India were in a hazardous job.[11]Notably, Constitution

of India prohibits child labour in hazardous industries (but not in non-hazardous industries)

as a Fundamental Right under Article 24.[12] UNICEF estimates that India with its larger

population, has the highest number of labourers in the world under 14 years of age, while

sub-saharan African countries have the highest percentage of children who are deployed as

child labour.[13][14][15] International Labour Organisation estimates that agriculture at 60 percent

is the largest employer of child labour in the world,[16] while United Nation's Food and

Agriculture Organisation estimates 70% of child labour is deployed in agriculture and related

activities.[17] Outside of agriculture, child labour is observed in almost all informal sectors of

the Indian economy.[18][19][20]

Companies including Gap,[21] Primark,[22] Monsanto [23]  have been criticised for child labour in

their products. The companies claim they have strict policies against selling products made

by underage children, but there are many links in a supply chain making it difficult to

oversee them all.[23] In 2011, after three years of Primark's effort, BBC acknowledged that its

award-winning investigative journalism report of Indian child labour use by Primark was a

fake. BBC apologized to Primark, to Indian suppliers and all its viewers.[24][25][26]

In December 2014, the U.S. Department of Labor issued a List of Goods Produced by Child

Labor or Forced Labor and India figured among 74 countries where significant incidence of

critical working conditions has been observed. Unlike any other country, India was attributed

23 goods the majority of which is produced by child labor in the manufacturing sector.

Article 24 of India's constitution prohibits child labour. Additionally, various laws and the

Indian Penal Code, such as the Juvenile Justice (care and protection) of Children Act-2000,

and the Child Labour (Prohibition and Abolition) Act-1986 provide a basis in law to identify,

prosecute and stop child labour in India

Categories of CL

UNICEF has classified child work into three categories:    

Within the Family  

Children are engaged without pay in domestic household tasks, agricultural pastoral work,

handicraft/cottage industries etc.  

Within the Family but outside the Home

Children do agricultural/pastoral work which consists of (seasonal/ full-time) migrant labour, local

agricultural work, domestic service, construction work and informal occupation e.g. recycling of waste-

employed by others and self employed.  

Outside the Family

Children are employed by others in bonded work, apprenticeship, skilled trades (Carpet, embroidery,

and brass/copper work), industrial unskilled occupations/ mines, domestic work, commercial work in

shops and restaurants, begging, prostitution and pornography.

 MIGRANT CHILD LABOUR  

Child migrate from the rural area to the urban or from smaller to larger towns cities either with their

families or alone. They migrate either for better employment opportunities or to escape from bondage  

BONDED CHILD LABOUR

Children are pledged by their parents guardians to employers in lieu of debts or payment. The rates of

interest on loans are so high that the amount to be repaid accumulates every year, making repayment

almost impossible

The phenomenon of urban child labour includes street children. These children belong to three broad

categories:  

        Children on the Street

              Working children who have families but spend most of their time in streets

              They earn for themselves and may or may not contribute to the family income.

       Children off the Streets

              Working children who have left their families in villages or towns and have migrated to the city.

              They do not have a place to live and hence spend their nights at the railway platforms, bus

stands etc.

              They live independently and usually spend all that they earn in the same day.

     Abandoned/Orphaned Children

              Working children without families or whose families have abandoned them

              They spend their lives on the streets without any kind of support and are hence the most

exploited and abused of the lot.

INVISIBLE CHILD LABOUR

              Children work in the unorganized or/and informal sector

              They do not come under the purview of law

              They constitute a substantial proportion of the child labour in the country

               Most of them do not go to school  

Employment of cl in various sectors

Diamond industry[edit]

In the year 1999, the International Labour Organisation co-published a report with Universal

Alliance of Diamond Workers, a trade union.[62] The ILO report claimed that child labour is

prevalent in the Indian diamond industry. International Confederation of Free Trade Unions

(ICFTU) in a separate 1997 press release observed that child labour continued to flourish in

India's diamond industry.[63] Not everyone agreed with these claims. The South Gujarat

Diamond Workers Association, another trade union, acknowledged child labour is present

but it is not systematic, is less than 1% and against local industry norms. Local diamond

industry businessmen too downplayed these charges.[64]

According to the 1999 ILO paper,[62] India annually cuts and polishes 70 per cent of the

world’s diamonds by weight, or 40 per cent by value. Additionally, India contributes 95

percent of the emeralds, 85 percent of the rubies, and 65 percent of the sapphires

worldwide. India processes these diamonds and gems using traditional labour-intensive

methods. About 1.5 million people are employed in the diamond industry, mostly in

the unorganized sector. The industry is fragmented into small units, each employing a few

workers. The industry has not scaled up, organised, and big operators absent. The ILO

paper claims that this is to avoid the complex labour laws of India. The export order is split,

work is subcontracted through many middlemen, and most workers do not know the name

of enterprise with the export order. In this environment, claims the ILO report, exact number

of child labourers in India's diamond and gem industry is unknown; they estimate that child

labourers in 1997 were between 10,00 to 20,00 out of 1.5 million total workers (about 1 in

100). The ILO report claims the causes for child labour include parents who send their

children to work because they see education as expensive, education quality offering no

real value, while artisan work in diamond and gem industry to be more remunerative as the

child grows up.[62]

A more recent study from 2005, conducted at 663 manufacturing units at 21 different

locations in India's diamond and gem industry, claims incidence rates of child labour have

dropped to 0.31%.[65][66][67]

Fireworks manufacture[edit]

The town of Sivakasi in South India, known for it's Fireworks and matchsticks industries,

has been reported to employ child labor in the production of fireworks.[68] In 2011,

Sivakasi, Tamil Nadu was home to over 9,500 firecracker factories and produced almost

100 percent of total fireworks output in India.[69] The fireworks industry employed about

150,000 people at an average of 15 employees per factory. Most of these were in

unorganized sector, with a few registered and organized companies.

In 1989, Shubh Bhardwaj reported[70] that child labor is present in India's fireworks industry,

and safety practices poor. Child labor is common in small shed operation in the unorganized

sector. Only 4 companies scaled up and were in the organized sector with over 250

employees; the larger companies did not employ children and had superior safety practices

and resources. The child labor in small, unorganized sector operations suffered long

working hours, low wages, unsafe conditions and tiring schedules.

A more recent 2002 report by International Labor Organization claims[71] that child labor is

significant in Tamil Nadu's fireworks, matches or incense sticks industries. However, these

children do not work in the formal economy and corporate establishments that produce for

export. The child laborers in manufacturing typically toil in supply chains producing for the

domestic market of fireworks, matches or incense sticks. The ILO report claims that as the

demand for these products has grown, the formal economy and corporate establishments

have not expanded to meet the demand, rather home-based production operations have

mushroomed. This has increased the potential of child labor. Such hidden operations make

research and effective action difficult, suggests ILO.

Silk manufacture[edit]

A 2003 Human Rights Watch report claims children as young as five years old are

employed and work for up to 12 hours a day and six to seven days a week in silk industry.[72]These children, claims, are bonded labour; even though the government of India denies

existence of bonded child labour, these silk industry child are easy to find in Karnataka,

and Tamil Nadu, claims Children are forced to dip their hands in scalding water

to palpate the cocoons and are often paid less than Rs 10 per day.[73]

In 2010, a German news investigative report claimed that in states like Karnataka, non-

governmental organisations had found up to 10,000 children working in the 1,000 silk

factories in 1998. In other places, thousands of bonded child labourers were present in

1994. But today, after UNICEF and NGOs got involved, child labour figure is drastically

lower, with the total estimated to be fewer than a thousand child labourers. The released

children were back in school, claims the report.[74]

Carpet weaving[edit]

Siddartha Kara finds about 20% of carpets manufactured in India could involve child labour.

He notes, "determining the extent to which the hand-made carpet supply chain from India to

the U.S.A. is tainted by slavery and child labor requires an additional exercise in supply

chain tracing."[75] Kara's study also finds variation in child labour practices between ethnic

and religious groups. Kara and colleagues report highest level of child labour in Muslim

community carpet operations,[76] and the presence of debt bonded child labourers in Muslim

villages.[77]

Domestic labour[edit]

Official estimates for child labour working as domestic labour and in restaurants is more

than 2,500,000 while NGOs estimate the figure to be around 20 million.[78] TheGovernment

of India expanded the coverage of The Child Labour Prohibition and Regulation Act and

banned the employment of children as domestic workers and as workers in

restaurants, dhabas, hotels, spas and resorts effective from 10 October 2006.

Coal mining[edit]

Despite laws enacted in 1952 prohibiting employment of people under the age of 18 in the

mines primitive coal mines in Meghalaya using child labour were discovered and exposed

by the international media in 2013

Causes of cl

POVERTY THE MAIN REASON FOR CHILD LABOR.

Poverty can be termed as the main reason for child labor in India. Though the country has

achieved commendable progress in industrialization, the benefits of the same have not

been effectively passed on to the lower strata of society. The disparities in income have

progressively increased more so after the opening up of the Indian Economy from the late

80s. People who had the resources became richer by employing the poor who were readily

available as cheap labor. The average earnings of a poor industrial worker is still about 2

dollars per day even in suburban areas around Mumbai and other metropolitan cities of

India. In order to keep costs down even large companies employ unorganized workers

through contractors who get uneducated and unskilled and semi-skilled people at very low

wages.

This helps the industries to keep their labor costs down at the cost of the poor laborers. In

effect what happens is that the children of these poor unorganized laborers have to find

some work to help run the family. They cannot afford to go to school when they do not have

food to eat and when their other brethren go hungry. Hence children from such deprived

families try to work as domestic servants, or in factories who employ them and remain

uneducated and grow up that way becoming perennial victims of this vicious cycle or

poverty and suppression.

FATALIST ATTITUDE OF THE POOR TOWARDS LIFE.

Most of the people belonging to the lowest strata of society in India have a fatalist and

submissive attitude towards life. They do not believe that that their lot can be better.

HIGH POPULATION LEADING TO BREAK NECK COMPETITION FOR JOBS.

The industrialists in India have been successful in taking advantage of this disadvantage

faced by job seekers. Due to high population the job seekers not in a position to bargain a

higher wage. As a result the poor remain poor working for low wages.

ILLETERACY AND LACK OF EDUCATION.

Illiteracy is a situation when a person is not able to read and/or write. This is when the

person is not in a position to get even primary education. Lack of education is another

aspect which is a result of illiteracy and lack of information. An uneducated person is one

who is generally unaware of things which an average person is required to know. Such

people are normally unaware of their human rights and the rights of their children too. The

children of such people normally become child laborers around their homes.

IRRESPONSIBLE ATTITUDE OF EMPLOYERS.

A general sense of irresponsibility towards society is seen the employers in India who are

least bothered as to how their employees survive. In spite of being aware of the high cost of

living and inflation they are least bothered and least ashamed to pay wages which are much

below sustenance levels. Also if the employers were responsible they in the first place

would not employ children at all.

Consequences

India is facing the curse of child-labour. A large

number of children have to work as child labourer in

industries or other places of works like hotels, stalls,

shops, etc. Laws have been made to abolish child

labour from India.

Image Curtsey: getridofchildlabournow.files.wordpress.com/2012/11/ccl.jpg

Various schemes and programmes have been

formulated to meet this end. But yet, it is a far goal to

be achieved. Moreover, if the child labour is

abolished, India will have to face some consequences

in socioeconomic fields.

In social field, they are required to be educated, If

they have no work to do, their poor families will not

be able to meet the requirements of life. Even to

some families, starvation will be a result. Apart from

this, children will require enough nutrition.

Activities for their upliftment will be a first priority.

But the position does not appear that government will

be able to provide food, clothes, shelter and

education on its own, if children do not earn. Adult

members will have to replace the children. Children

are always low-paid. An adult cannot afford to work

for such low payment.

On economic front, there are some protests from USA

and European countries regarding child labour in

India. After abolishing it, Indian export will grow. But

earning amount of a family will be reduced. As

children support their families, income deficiency will

result in poverty. Employers of children will not be

able to employ an adult person because of their

inability to pay higher wages.

Even after working, some children afford their own

food and education, this burden is then to be handled

by their poor parents. Economic conditions of

Government are not so sound to afford all these costs.

This will result in higher cost of wages to small scale

industries and small employers. All these seem to

lead that perhaps, it is also not possible for India to

abolish child labour immediately.

CL laws in India

After its independence from colonial rule, India has passed a number of constitutional

protections and laws on child labour. The Constitution of India in the Fundamental Rights

and the Directive of State Policy prohibits child labour below the age of 14 years in any

factory or mine or castle or engaged in any other hazardous employment (Article 24). The

constitution also envisioned that India shall, by 1960, provide infrastructure and resources

for free and compulsory education to all children of the age six to 14 years. (Article 21-A

and Article 45).[27][36]

India has a federal form of government, and child labour is a matter on which both the

central government and country governments can legislate, and have. The major national

legislative developments include the following:[37]

The Factories Act of 1948: The Act prohibits the employment of children below the age of

14 years in any factory. The law also placed rules on who, when and how long can pre-

adults aged 15–18 years be employed in any factory.

The Mines Act of 1952: The Act prohibits the employment of children below 18 years of

age in a mine.

The Child Labour (Prohibition and Regulation) Act of 1986: The Act prohibits the

employment of children below the age of 14 years in hazardous occupations identified in a

list by the law. The list was expanded in 2006, and again in 2008.

The Juvenile Justice (Care and Protection) of Children Act of 2000: This law made it a

crime, punishable with a prison term, for anyone to procure or employ a child in any

hazardous employment or in bondage.

The Right of Children to Free and Compulsory Education Act of 2009: The law

mandates free and compulsory education to all children aged 6 to 14 years. This legislation

also mandated that 25 percent of seats in every private school must be allocated for

children from disadvantaged groups and physically challenged children.

India formulated a National Policy on Child Labour in 1987. This Policy seeks to adopt a

gradual & sequential approach with a focus on rehabilitation of children working in

hazardous occupations. It envisioned strict enforcement of Indian laws on child labour

combined with development programs to address the root causes of child labour such as

poverty. In 1988, this led to the National Child Labour Project (NCLP) initiative. This legal

and development initiative continues, with a current central government funding

of  6₹  billion, targeted solely to eliminate child labour in India.[38] Despite these efforts, child

labour remains a major challenge for India.

CASE STUDIES

1.

CHILDLINE helps Swati get her right to education

In Srikakulam, a town close to Hyderabad lived an orphaned 12 year old girl named Swathi.

Swathi had lost her parents at a very young age and was under the care of her uncle who

had put her through many hardships in life. Swathi’s uncle brought her to Hyderabad to

work as a domestic labourer at the house of a well-known and well-connected

businessman. She would be paid Rs. 50,000/- by her employer when she turned 18 years

old.

Life in the city wasn’t easy for Swathi. She was made to work from 05.00 am until midnight

on all household chores. Her every movement was restricted by the owner and she was not

allowed to leave the house. She was made to eat the leftover food every night and was

physically assaulted every time she didn’t complete her task on time.

CHILDLINE received a call from a neighbour regarding the plight of this child.

Instantly, a team member reached the location to verify the details shared by the concerned

caller. When they rang the door bell, the distraught girl opened the door. She looked weak

and sad. The team began asking her a few questions to better understand the situation.

She told them about her circumstances and the work she was forced to undertake.

The same day, CHILDLINE contacted the Deputy Commissioner of Labour in order to plan

a rescue of the girl child, wherein the girl was at home and her employers were out at work.

The rescue was carried out meticulously. The girl was within safe care and the employers

were asked to make a visit the labour department and meet the Deputy Commissioner of

Labour. Swathi was kept under the care of CHILDLINE in order to give her the correct

counseling and record her statements.

The CWC was intimated about the case. Based on their direction, Swathi was sent to the

Government home for Girls at Nimboliadda, Hyderabad. The Labour department was

requested to file a case against the employer. Unfortunately, as the business man had a lot

of clout and influence, a case was never filed against him.

CHILDLINE continued to receive threat calls from lawyers and influential people to release

the girl back to the business man. However, CHILDLINE never get in to pressure. Today,

Swathi is happy and is going to school.

2.

14 children sent home after plight at a bangle making factory

CHILDLINE Delhi received a call from an informer who shared details of a group of children

working under inhumane conditions at a Bangle making factory in Jahangi Puri. A team

member visited the area to clarify the information given. Immediately, the Deputy

Commissioner was acquainted with the tip off received by CHILDLINE. He was urged to

facilitate a rescue operation to help the children away from their plight. After repeated follow

ups by the team, the rescue operation was scheduled for 4 days later.

At 10.30 am on the morning of the rescue, the Police, Labour officials, CHILDLINE team

and other officials gathered at Jahangir Puri. 6 teams were formed with a member of each

department in order to enter 6 bangle factories simultaneously. The raid was conducted with

due diligence and great efficiency.

During the raid, only 2 teams managed to rescue 14 children working at the bangle making

factories. Children aged 6-14 years were trafficked from Bihar to work at this factory and

made to live in one tiny room which had no sunlight or ventilation. Most of them had never

been to school and worked for more than 12 hours a day.

The factories were sealed and the children rescued from their plight.

Every child was taken through medical examinations before presenting them before the

CWC. The CWC directed them to Mukti Ashram Home in Ibrahimpur. An FIR was lodged

against employers of both the factories under the Juvenile Justice Act 2000- Section 23 &

26, the Child Labour (Prohibition and Regulation) Act 1986, section 13 & 14 and the Bonded

Labour system (abolition) Act 1976, under section 16, 17, 18, & 19 and the perpetrators

were put behind bars.

IMPLETATION Of—------(DIARY)

According to a recent statement by the labour ministry, India has 12.6 million working children between

the ages of five and 14 -- the largest number of child labourers in the world

Over the past three years, no more than 13,402 cases have been registered across the country under

India's anti-child labour laws, according to Minister of State for Labour and Employment, Oscar

Fernandes. States like Meghalaya, Manipur, Mizoram, Nagaland, Tripura, West Bengal, Uttaranchal,

Pondicherry, Lakshadweep, Goa, Daman and Diu, Chandigarh, Dadra and Nagar Haveli and the

Andaman and Nicobar Islands have in fact not registered a single case during this period.

Giving figures on a state-wise assessment in connection with prosecution of such cases, Fernandes said

that more than 3,300 cases of child labour violations have been registered in Karnataka, 1,136 in Tamil

Nadu, 791 in Bihar, 688 in Jharkhand and 449 in Uttar Pradesh. Andhra Pradesh registered the highest

number of cases -- 6,082 -- while 12 cases have been registered in Assam, 185 in Sikkim, 140 in Delhi,

46 in Arunachal Pradesh, 158 in Gujarat, and 49 in Maharashtra.

The government's National Child Labour Project, aimed at rehabilitating working children, is being carried

out in 250 districts in 20 states, Fernandes added.

Activists have long decried the fact that despite legislation, child labour continues to flourish in both rural

and urban India. The labour ministry recently stated that there were 12.6 million working children between

the ages of five and 14 -- the largest number of child labourers in the world.

On October 16 last year, two important notifications to the existing Child Labour Prohibition (And

Regulation) Act 1986 came into effect. The notifications ban the employment of children younger than 14

as domestic servants and in the hospitality trade, ie in roadside dhabas, restaurants, hotels, motels and

spas. Anyone found violating the ban could receive a jail term of three months to two years and/or a fine

of between Rs 10,000 and Rs 20,000.

However, on March 22, Fernandes admitted that while there was no dearth of laws against child labour,

what was needed was greater emphasis on implementation. He was speaking at a rally near Jantar

Mantar, in Delhi, that was the culmination of the South Asian March Against Child Trafficking, organised

by the Bachpan Bachao Andolan and supported by the Global March Against Child Labour, UN agencies

and civil society organisations. The march, which began at the India-Bangladesh and Indo-Nepal borders,

covered states such as West Bengal, Bihar, Uttarkhand and Uttar Pradesh. A core team of 100 rescued

children formed part of the march.

Twelve-year-old Devli -- one of the leaders of the march -- said beatings were a regular occurrence at the

stone quarry in Rajasthan where she and her family worked. According to the Bachpan Bachao Andolan,

traffickers promise parents a better future for their children and education, along with the opportunity to

earn a decent wage. But once the child is in the custody of the trafficker, he/she is sold to employers

looking for cheap, bonded labour. They are sold for as little as Rs 2,000 or Rs 5,000 and are employed at

brick kilns, stone quarries, carpet-making units, hotels and restaurants.

REASONS FOR---------