Child labour in India- Explained Pointwise

An Australian Parliamentary committee in its recent report has raised concerns over Child Labour in India. According to the Parliamentary report, the mini trade deal (The Economic Cooperation and Trade Agreement (ECTA)) signed between India and Australia, does not recognise international labour rights and disregards environmental standards. The report has also noted that India has a well-documented presence of child and forced labour, which is a form of modern slavery.

Child Labour is a rampant problem in India, despite a plethora of legislations to curb it. It is a humanitarian crisis which tarnishes the international image of India as well as damages its trade prospects. Hence, the malpractice needs to be curbed at the earliest.

What is Child Labour? What is the Extent of Child Labour in India?

Child Labour- According to The International Labour Organisation (ILO), child labour is a work that deprives children of their childhood, their potential and dignity, and that is harmful to their physical and mental development.

However, children or adolescents who participate in work that does not affect their health and personal development or interferes with their schooling, is not child labour. For Ex- Helping their parents at home, assisting family or earning pocket money outside school hours and on holidays.

Child Labour in India Statistics

What are the Causes of Child Labour in India?

1. Poverty and Indebtedness- Poverty is the greatest cause of child labour in India. For impoverished households, income from a child’s work is crucial for his or her own survival or for that of the household. For ex- Bonded Labour due to Family Indebtedness.

2. Adult unemployment and under-employment- High prevalence of adult unemployment and under-employment often force children to work to support family.

3. High prevalence of Illiteracy and ignorance of parents- Illiteracy and ignorance of the parents put children under the risk of inhuman exploitation.

4. Lack of access to quality education and skills training- Deplorable quality of education and lack of coverage of 15-18 year age group in compulsory education, has led to increase in dropout rates and forced children into child labour.

5. Cultural factors- Children often take up family’s traditional work from an early age, contributing to enhancement of Child labour. For ex- A Goldsmith’s son taking to gold-smithery, or a carpenter’s child taking up carpentry from an early age.

6. Social factors- India’s differentiated social structure also contribute to child labour. The majority of child labourers in India belong to the marginalised social groups like SCs, STs and the Muslim religious minority.

7. Epidemics and Disasters- Natural disasters, conflicts, and pandemics increase the vulnerability of Children towards forced labour, as they forced to work for survival and are often exploited by traffickers and perpetrators.

What is the impact of the Prevelance of Child Labour in India?

1. Impedes Children from gaining skills and education- Child labour impedes children from gaining the skills and education they need to have opportunities of decent work as an adult. This violates their right to life and liberty as provided by the constitution.

2. Health and Physical Risks- Long working hours and hazardous working conditions adversely affects a child’s physical and mental health and impairs their intellectual, emotional and psychological development.

3. Negatively affects Human Capital Formation- Child labour diminishes children’s ability to accumulate skills and knowledge, thereby affecting their future productivity and income.

4. Perpetuation of poverty- Child labour is both a cause and consequence of poverty. Household poverty forces children into the labour market to earn money. Thus, the children miss out on an opportunity to gain an education, further perpetuating household poverty across generations.

5. Obstacle to Socio-Economic Welfare of the country- Presence of a large number of child labourers has long term effect on the economy and it is a serious obstacle to socio-economic welfare of a country. For ex- Cancellation of trade pacts on account of human right abuses such as Child Labour.

What are the International and National Provisions to curb the practice of Child Labour?

International Provisions

National Policy Framework surrounding Child Labour

Schemes

What are the challenges in combating Child labour in India?

1. Issues with Child Labour (Prohibition and Regulation) Amendment Act, 2016-
a. The amendment act has drastically decreased the types of hazardous industries provided in the list. This allows employers in industries like chemical mixing units, cotton farms, battery recycling units, and brick kilns etc. to employ adolescent labour.

b. The amendment allows the child to be employed in “family or family enterprises”. This promotes child labour in agrarian rural India, where poor families are trapped in intergenerational debt-bondage.

2. Definition of Child- One of the biggest challenges in eradicating child labour is the confusion around the definition of a child, in terms of age, in various laws dealing with child labour. For ex- Conflicting age of Child provided in Juveline Justice Act and Child Labour Act.

3. Lack of proper identity documents- Child labourers often lack school registration certificates and birth certificates, which, creates an easy loophole in the law to exploit. Also, lack of reporting of children of migrant workers working as labourers and domestic help, further aggravates the problem of Child Labour.

4. Weak enforcement of law and poor governance- Weak enforcement of law, lack of adequate deterrence and corruption is a major hurdle in eradicating child labour.

5. Socio-Economic crisis- The economic contraction and lockdowns lead to income reductions for enterprises and workers, promoting child labour.

What Should be the Way Forward?

1. Uniformity in Indian Laws dealing with Child Labour- We must aim to bring uniformity in existing Indian laws dealing with child labour. The laws must expand the definition of a child.  We must also ensure free and compulsory education (RTE, Act, 2009) for children below 18 years.

2. Police action in case of failure to register child labour- The 52nd report of the Parliamentary Standing Committee on Labour has suggested incorporating provisions for taking action against the police for not registering FIRs in the CALPRA Act, similar to the Protection of Children from Sexual Offences Act, 2012.

3. Social Protection Schemes- There should be concerted effort towards social protection programmes and cash transfers to improve the economic situation of families and to reduce the “need” to send children to work.

4. District-level Funds and National Level Child Tracking Mechanism- The 52nd report of the Parliamentary Standing Committee on Labour has recommended establishing a district-level fund and National Level Child Tracking Mechanism for immediate relief and rehabilitation for child laborers.

5. Raise Awareness- Government with the help of NGOs like Bachpan Bachao Andolan, ChildFund, CARE India, Talaash Association, Child Rights and You should take adequate measures to raise awareness among families and communities. Parental literacy can play an important role in ensuring the rights of children are upheld.