CHILD LABOUR

DIFINITION

International Labour Organization (ILO) conventions 138 (1973) and182 (1999) define child labourers as all children younger than 12 working in any economic activities, children 12–14 years old engaged in more than light work, and all children engaged in the worst forms of child labour – in which they are enslaved, forcibly recruited, prostituted, trafficked, forced into illegal activities or exposed to hazards.

MEANINGThough definitions vary, child labour means work that is done by children under the age of 15 (14 in some developing countries) which restricts or damages a child's physical, emotional, intellectual, social and/or spiritual growth.

WHY IS THIS A HUMAN RIGHTS ISSUE?

Children who work are subsequently subject to abuse, both physical and sexual, from their employers

They often work under conditions that are both unhealthy and potentially fatal. This scenario cannot continue.

CHILD LABOUR- FACTS AND FIGURES

India has the largest number of working children in the world (60- 115 million)

Estimated 15 million children are bonded labourers* (latest figures from Human Rights Watch -1999)

400,000 children in hazardous industries

About 300, 000 children, aged 5 to 15 – forced to work in carpet industry

100,000 children, in the age group 6-14 years, are working in the diamond industry

About 5000 children, in the age group of 5- 16 years are employed in the silk industry of southern Karnataka

Child Prostitution: 15% of India’s estimates 2.3 million prostitutes are children

*Bonded labour is an extreme form of exploitation. It “takes place when a family receives an advance payment…to hand a child over to an employer.” (Human Rights Watch)

INDUSTRIES EMPLOYING CHILD LABOUR

AgricultureBeedisBrasswareMiningFireworksGemstones GlasswareSilk and Textile IndustryStone QuarriesProstitutionFireworks and MatchesCarpetsDomestic Workers………

CAUSES OF CHILD LABOUR POVERTY

PARENTIAL ILLITERACY

TRADITION OF MAKING CHILDREN LEARN THE FAMILY SKILLS

ABSENCE OF UNIVERSAL COMPULSORY PRIMARY EDUCATION

SOCILA APATHY AND TOLERANCE OF CHILD LABOUR

IGNORANCE OF PARENTS ABOUT THE ADVERSE CONSEQUENCES OF CHILD LABOUR

INEFFICTIVE ENFORCEMENT OF THE LEGAL PROVISIONS PERTAINING OF NON-ACCESSIBILITY TO SCHOOLS

IRRELEVANT AND NON-ATTRACTIVE SCHOOL CURRUCULUM

CONTINUEDEMPLOYERS PREFER CHILDREN AS THEY CONSTITUTE CHEAP LABOUR AND THEY ARE NOT ABLE TO ORGANIZE THEMSELVES AGAINST EXPLOITATION.

EXAMPLES Kumar, child labourer

"It was like a prison, we were locked inside. We worked from 5 a.m. until midnight making carpets and we slept among the machines."

LAWS IN INDIAChild Labour (Prohibition and Regulation) Act, 1986 The Child Labour (Prohibition and Regulation) Act was enacted in 1986 and defines a child as "a person who has not completed their fourteenth year of age."

Exceptions/ Loopholes of this law:

•Only prohibits child labour in twenty-five “hazardous” industries (hazardous – only as defined by adult labour standards)

•Glaring loopholes and exceptions allow employers to violate the principles of this law e.g. child members of the employer’s family can be employed in such occupations - many employers use “extended family” child members as labourers

•Tacitly allows use of child labor, even in hazardous occupations or industries.

•The act is also inapplicable to government-sponsored programs

Bonded Labour System (Abolition) Act, 1976

Abolishes the "bonded labour system" and covers all of the many permutations of the bonded labor system in modern India.

Other Laws •Factories Act, 1948 •Beedi and Cigar Workers Act, 1966 •Scheduled Castes/Scheduled Tribes Prevention of Atrocities Act, 1989 •Inter-State Migrant Workmen Act, 1979 •Contract Labour Act, 1970 •Minimum Wages Act, 1948 •Plantation Labour Act, 1951 •Apprentices Act, 1961 •Shops and Establishments Act, 1961

CONTINUED 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.

INTERNATIONAL CONVENTIONS•U.N. Convention on the Suppression of Slave Trade and Slavery, 1926 •ILO Forced Labour Convention 1930, (No. 29) •U.N. Supplementary Convention on the Abolition of Slavery, the Slave Trade, and Institutions and Practices Similar to Slavery, 1956 •ILO Abolition of Force Labour Convention, 1957 (No. 105)•U.N. International Covenant on Civil and Political Rights (ICCPR), 1966 •U.N. Convention on the Rights of the Child, 1989

India is a party to these international human rights conventions and is legally bound by them.

However, India has NOT yet ratified the following ILO conventions, which are critical to eliminate child labour and bonded labour.

• Convention concerning the Abolition of Forced Labour, 1959 (No.105) • Minimum Age Convention, 1973 (No.138)• Worst Forms of Child Labour Convention, 1999 (No. 182)

WHAT IS BONDED LABOUR?

There are 3 types of Bonded Labour:

• The first is when a child inherits a debt carried by his or her parents.

• Another form of bonded labour occurs when a child is used as collateral for a loan. For example, a parent facing an unusually large or urgent expense would use this method to obtain necessary money.

• Finally, a child worker can enter into bondage to their employer by requesting an advance on future wages they expect to earn.

BONDED LABOUR• In all of these cases, the

debt is consistently increased, through interest, to a sum beyond the capacity of the worker to repay. Expenses and interest consume all wages and also cause the debt to grow.

• Essentially, the child labourer becomes the property of the debt collector.

CONCLUSION