Author Details:-
Boomika Selvan
INTRODUCTION
Child labour in India has increased nowadays even though much protection has been there in India. The Government has taken several measures to control child labour.
According to census in 2001 there were 1.26 crore working children in the age group of 4-14 compared to the total child population of 25.2 crore. According to a survey conducted by the National Sample Survey Organization (NSSO) in 2004-05, the number of child labourers is 90.7lakh. According to the 2011 census, the number of working children aged 5-14 has decreased to 43.53 million. It shows that the government’s efforts have paid off.
Child labour Act
Based on the recommendation of the Gurupadaswamy Committee, the Child Labour (Prohibition and Regulation) Act,1986 was passed. Under this Act, labour was prohibited in certain hazardous occupations and certain conditions and regulated labour conditions and occupations. This act was subsequently amended in 2016[1] to prohibit employment below 14 years of age in all types of employment and also prohibiting of employment from 14 – 18 years in hazardous activities which are harmful to them.
International labour organisation
According to the International Labor Organization, established in 1919, more than 152 million children are working worldwide. Of these, about a million are child labourers in India. Despite strong laws and legal actions, child labour has not stopped.
Meaning of child labour
Definition of child labour was defined in under the Child Labour (prohibition and regulation) Act, of 1989. Children of or below the age of 14 years are strictly prohibited from being employed in hazardous occupations, as per the Child Labour (Prohibition and Regulation) Act of 1986. The list of hazardous occupations is curated under the act itself.
Section 2[2] of the act says “child” means the person who is not completed 14 years of age is called a child.
National Policy on Child Labour
National Policy in Child Labour, formulated in 1987, it seeks to adopt a gradual & consecutive approach with a focus on the rehabilitation of children and Adolescent. The Action plan outlined in the Policy for tackling this problem is as follows:
- Legislative Action Plan for strict enforcement of The Child & Adolescent Labour (Prohibition & Regulation) Act, 1986.
- Project based action plan in areas of high concentration of Child & Adolescent Labour – National Child Labour Project (NCLP) Schemes.
- Focuses on general developmental programmes for the benefit of the families of children as follows.
Reason for child labour
- Due to poverty in the family, the children go for work to support the family for daily wages but their income is low compared to adults. The owner of the company or shop where the children work will take advantage of the children, they order the child to do all the work whatever the adult will do. More than the working hours that are prescribed to the child even the child will work on hazardous work.
- Parents can’t offer food to the children this is the main reason for child labour
- Lack of quality education to the parents limits the child worker to escape from the cycle of child labour.
- Discrimination is the main reason for child labour. Discrimination in the form of gender and socio-economic status is the reason for child labour.
- Armed conflicts are another reason, children are more vulnerable and can be enlisted as child soldiers or used in the military operations.
Case laws:
- Francis Coralie Mullin v. Union Territory of Delhi[3]
The court held that Article 21 covers protection of health and strength of workers, men, women and minorities of children versus abuse. According to the court, the occasion and services for children to grow and build in a healthy way and in order of freedom and decorum and educational benefits. - Laborers Working on Salal v. the State Of Jammu And Kashmir[4]
A bench of Justice P Bhagwati, R Misra directs “That no child under the age of 14 years is employed by any contractor/sub-contractor on any factories in the schemes. In case any child labourer is included by any contractor/subcontractor prompt orders for their break should be furnished forthwith and an outline report provided to the sanction”.
MC Mehta v. State of Tamil Nadu[5]
The MC Mehta vs State of Tamil Nadu case raised issues regarding the violation of fundamental rights of children employed in hazardous industries. Key concerns included the breach of Article 24 of the Indian Constitution, inadequate enforcement of the Child Labour (Prohibition and Regulation) Act, 1986, and the state’s responsibility to protect children from exploitation and ensure their right to education and a dignified life.
Government measures
The Government has taken a lot of measures to control child labour in India by following methods:
In 1979 the Gurupadaswamy Committee was formed by the central governments of India to address the issue of child labour in India. The committee recognized that one of the main causes of child labour is poverty and that alleviating poverty is a difficult challenge. As a result, the committee decided to use the Child Labour Act of 1986 to regulate the working conditions in other businesses and exile child labour in several dangerous industries.
After the committee was formed amendments were made in India to the Child Labour Act in 2015 according to which any children between the age of 5 years to 4 years should not work in any occupation, apart from the entertainment industry. But again, children may work only in family enterprises, if the work environment is non-hazardous. Finally, child labour was absolutely banned in the amendment made in 2016.
One of the important government measures for tackling the problem of child labour is to make amendments to the Child Labour Act for regulations and rehabilitation. According to the current amendments, children of the age group 14–18 years can work but only in non-hazardous workplaces. The Act also focuses on the rehabilitation of children of any age group, who once worked in a hazardous setup.
Right to information was formed in India in 2009 to ensure all children will get an education. The government were giving free meals, free education, uniforms and other needs to the children to encourage them to come to school rather than going to work. The basic facilities like toilet, drinking water and others are ensured.
legal proceedings that the government practices against child labour. who force children to beg or to earn money in any other way will be imprisoned. Any kind of bonded labour will be also severely punished. who compel children to beg or take up other forms of income generation will go to jail. Any form of forced labour will likewise face harsh penalties. Every police station has a designated juvenile protection cell in order to uphold these procedures. To guarantee that all rules prohibiting child labour are properly enforced, the government has introduced the Pencil-platform
In India, child labour is a severe problem that the government is working hard to address in order to guarantee a healthy childhood for all. In addition, a number of non-governmental organizations, such as CRY India, have expressed interest in working on the child labour initiative and assisting the government in its efforts to rid India of child labour cases within the next few years.
Conclusion
The Indian government has taken multiple measures to prevent child labour in India by providing proper education facilities and amendments in the child labour act. Awareness was made throughout the nation about the seriousness of strict policy and punishment by the government protesting against child labour
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