Child Labour Prohibition Report
Child Labour Prohibition Report
PROJECT REPORT
Prof. Ravishree
Prof. Seema
Group Members
NAME ROLL. NO.
1. Alnoor Manjiyani 72
2. Fahad Parkar 75
3. Meraj Shaikh 84
4. Owais Syed 88
5. Salman Mirani 102
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Child Labour
(Prohibition & Regulation)
Contents:
1. Introduction
2. Literature Review
3. Methodology
4. Previous Case Laws
5. Reasons for Study
6. Field Work
7. Findings from Field Work
8. Where the data could be found?
9. Type of Data
10. Techniques of Data Collection
11. Suggestions &
Recommendations
12. Results & Conclusion
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1. Introduction
Child labour is a concrete manifestation of violations of a range of rights of
children and are recognised as a serious social problem in India. Working
children are denied their right to survival and development, education,
leisure and play, and adequate standard of living, opportunity for
developing personality, talents, mental and physical abilities, and
protection from abuse and neglect. Even though there is increase in the
enrolment of children in elementary schools and increase in literacy rates,
child labour continues to be a significant phenomenon in India.
The Child and Adolescent Labour (Prohibition and Regulation) Act, 1986
prohibits employment of children below 14 years in hazardous occupations
and processes and regulates the working conditions in other employments.
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The term “child labour” is often defined as work that deprives children of
their childhood, their potential and their dignity, and that is harmful to
physical and mental development.
Child labour impedes children from gaining the skills and education they
need to have opportunities of decent work as an adult. Inequality, lack
of educational opportunities, slow demographic transition, traditions
and cultural expectations all contribute to the persistence of child
labour in India. Age, sex, ethnicity, caste and deprivation affect the type
and intensity of work that children perform. Agriculture and informal
sector employment continue to be sectors where children end up
working.
The ILO experience is that stable economic growth, respect for labour
standards, decent work, universal education, social protection,
recognizing the needs and rights of the children —together help tackle
the root causes of child labour.
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2. Literature Review
As per Census 2011, the total child population in India in the age group (5-
14) years is 259.6 million. Of these, 10.1 million (3.9% of total child
population) are working, either as ‘main worker’ or as ‘marginal worker’.
In addition, more than 42.7 million children in India are out of school.
However, the good news is that the incidence of child labour has decreased
in India by 2.6 million between 2001 and 2011. However, the decline was
more visible in rural areas, while the number of child workers has increased
in urban areas, indicating the growing demand for child workers in menial
jobs. Child labour has different ramifications in both rural and urban India
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National Legislations & ILO Conventions
The enactment of the Child Labour Amendment (Prohibition and Regulation)
Act, 2016 and The Right to Education Act 2009 have paved the way for
ratification of ILO’s two core conventions
Convention No 138 stipulates that the minimum age at which children can
start work should not be below the age of compulsory schooling and in any
case not less than 15 years; with a possible exception for developing
countries
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Global Facts & Figures
The global figure of child labourers stands at 168 million (2012).
Asia and the Pacific still has the largest numbers of child labourers (almost
78 million or 9.3% of child population), but Sub-Saharan Africa continues
to be the region with the highest incidence of child labour (59 million, over
21%).
Globally, agriculture remains by far the most prominent sector where child
labourers can be found (98 million), but the problems are not negligible in
services (54 million) and industry (12 million). This is found to be the case
mostly in the informal economy.
3. Methodology
We have used Field Visit & Interview method, as well as reviewing
old facts, figures and case studies and also looked upon the Reasons,
causes & consequences of Child Labour in India.
We have also analysed past data and tried to get a clear idea about
the current situation of Child Labour in India especially in our locality
We have taken references of old case studies related to Child Labour
in India. We are analysing the same & including them in our report.
We have also referred to the Laws & Provisions of Child &
Adolescent (Prohibition & Regulation) Act, 1986.
We have gathered our findings on the basis of interview which we
conducted on the Field Visit.
The result & conclusion of the activity are on the basis of the entire
project which we undertook to find relevant data regarding the
above mentioned topic that is Child labour Prohibition & Regulation
& we have tried our best to find out solutions on the same.
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4. Previous Case Laws
Sherin v/s Dipak & Tapasi, Kolkata:
Sherin, a young orphan from Durgapur was working at the house of Dipak
and Tapasi in Titagarh, West Bengal. Sherin was made to undertake all
domestic chores such as cleaning, washing and babysitting an infant at the
tender age of 10 years. She was not being paid any salary and was told that
her earnings were sent to her family back home
The plight of the child took a new turn when her employers accused her of
stealing money from a piggy bank kept in the prayer room. She was
threatened, beaten up with a cane in order to reveal the truth. Her
employers turned a deaf ear to her repeated pleas for mercy.
Seething with rage, Dipak dragged her to the open air terrace and made
her spend the night in the biting cold. Fortunately, a neighbour spotted the
girl crouching and shivering on the terrace and called CHILDLINE for help.
As Sherin's injuries were severe, she was taken to BN Bose Road Hospital
by the CHILDLINE team. The traumatized child had deep scars on her body
when she was taken to hospital. "I was punished for every small mistake
and the lady of the house often beat me, if i failed to obey her orders," told
Sherin to CHILDLINE team.
The CHILDLINE Kolkata team filed an FIR against the couple under the
Juvenile Justice Act, the Child Labour (Prohibition and Regulation) Act, 1986
and the Indian Penal Code. The girl has now been placed in the Girls' Home
run by the State Women and Development Department.
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Child Labourers in Zari Industry:
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5. Reasons for Study
Not all children in India are lucky to enjoy their childhood. Many of them are
forced to work under inhuman conditions where their miseries know no end.
Though there are laws banning child labour, still children continue to be
exploited as cheap labour. It is because the authorities are unable to
implement the laws meant to protect children from being engaged as
laborers.
Unfortunately, the actual number of child laborers in India goes un-detected.
Children are forced to work in completely unregulated condition without
adequate food, proper wages, and rest. They are subjected to physical, sexual
and emotional abuse.
Factors such as poverty, lack of social security, the increasing gap between
the rich and the poor have adversely affected children more than any other
group. We have failed to provide universal education, which results in
children dropping out of school and entering the labour force.
Loss of jobs of parents in a slowdown, farmers’ suicide, armed conflicts and
high costs of healthcare are other factors contributing to child labour.
Due to high poverty and poor schooling opportunities, child labour is quite
prevalent in India. Child labour is found in rural as well as urban areas.
Causes of Child labour in India:
The curse of poverty
The main reason for child labour is poverty. Most of the country’s
population suffers from poverty. Due to poverty, parents cannot afford the
studies of their children and make them earn their wages from a tender
age. In fact, they are well aware of the grief of losing their loved ones to
poverty many times. They send their small children to work in factories,
homes and shops. They are made to work to increase the income of their
poor families at the earliest. These decisions are taken only for the
purpose of eking out a living for their family. But such decisions shatter
children’s physical and mental state as they lose their childhood at an early
age.
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Lack of educational resources
Social and economic backwardness is also the main reason for child
labour. Socially backward parents do not send their children to receive
education. Consequently, their children are trapped in child labour.
Due to illiteracy, many times parents are not aware of various
information and schemes for child education. Lack of education,
illiteracy and consequently the lack of awareness of their rights among
them have encouraged child labour. Also, uneducated parents do not
know about the impact of child labour on their children. The conditions
of poverty and unemployment give rural families a compulsive basis for
engaging children in various tasks. In fact, feudal, zamindari system and
its existing remnants continue to perpetuate the problem of child
labour.
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sending their children to school, are willing to send them to work to
increase family income
In modern society, laws stipulate that citizens have the right to receive
good education, avail good health services and take care of their
health. Every citizen has the right to play the game he enjoys, and enjoy
all the means of entertainment, and when he grows, to obtain
employment where he can earn well and contribute to society and
nation. But in the absence of proper compliance of the laws, child
labour is continuing. It can be prohibited only by strict adherence to the
related laws.
Family tradition
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Discrimination between boys and girls
We have been conditioned into believing that girls are weaker and
there is no equal comparison between boys and girls. Even today, in
our society, we will find many examples where girls are deprived of
studies. Considering girls weaker than boys deprives them of school
and education. In labourer families, girls are found to be engaged in
labour along with their parents.
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6. Field Work
In order to know more about the current situation of child labour we decided to
visit an industry where child labour is prohibited and check whether any child
labours are working there, if yes then what’s their situation and also take up a
small interview of the child and employer as a survey.
The industry we went to was Vardhaman Furnishing, Carpet & Mattress Shop
No.19, Aradhana Building Navghar Rd, Chandan Park, Bhayandar East, Mira
Bhayandar, Maharashtra 401105.
We scrutinized the working conditions of the children working in there and tried
to generate an opinion on those children employed there and also listened to
what their occupier said on employing small children at work.
There we talked to Five child labours, their average age would be around 12-15
years and took their interview. After that we went and had a small interview with
the employer. The questions asked to the children where as such
1. How much do you earn?
2. Do you work due to family pressure?
3. How many siblings do you have, do all of them work?
4. If given a chance would you go to school or work here?
5. Are you aware about the free education policy of government?
6. What type of work do you do?
7. Are you provided with proper precautions for the work you do?
8. Have you ever been exploited by your employer
9. Do you need to perform works of hazardous nature?
10. Are you aware that working in Carpet Weaving and Handloom industry is
prohibited?
The next interview was with the employer. The questions asked him was as such
1. Are you aware, that child labour is a crime?
2. Do you provide proper safety measures at work?
3. Do you give them remuneration as per there work?
4. What are the working hours for underaged workers?
5. Why don’t to motivate them to go to school and get educated
6. What type of work do they do for you?
7. Do you give the money to the children or their parents?
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8. Did you employ these children in lure of hiring cheap labour?
9. Do you allow them to perform works of hazardous nature?
10. Are you aware that children working in Carpet Weaving and Handloom
industry is prohibited by law?
But the work which they were performing was related to packing and
moving of carpets and curtains which was not of hazardous nature and
hence we didn’t took any action against them
In order to get a clear idea about their work, we asked them that is both
the children and the employer a few questions related to their work,
working conditions, remuneration and terms of employment
The children responded to our questions very well and also the employer
coordinated with us and answered to each of our questions through which
we were able to generate the following findings
We found that they were earning around ₹40-50 per hour and had to work
for five hours. Their daily income was around ₹200-250.
The children were not only working because of the family pressure but also
to support their own lives. They had to support their family and also earn in
order to help their younger siblings.
Every child had a sibling. 2 of them had siblings elder to them and the rest
were having younger siblings. The children with the younger siblings were
the only one working, their younger siblings were not working.
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All of them wanted to study and get educated. They had no option but
working for food and shelter for their family. They also wanted to work but
they had their mind of being a educated person.
Two of them were not aware of the education policy of government. Two
knew about the education policy and also attented school but used to skip
in order to work. The one who knew about the education policy of
government didn’t chance to go school
Their work was to clean the place. Cleaning of the cloth, carpet and moving
of the materials in the industry.
All the children were given proper time to do their work. Their were trained
for the specific work. They were told about all the safety measures in the
industry.
The children told that they have never been exploited by their employer
and he never scolds them or harasses them for mistakes done by them,
instead he teaches them how to perform the work.
They told that, they never performed any hazardous or dangerous works
which would harm them like operating weaving machine or running the
handloom etc. They told that they just did the packing of goods and
supplied them from factory to showroom
They told that they didn’t knew that working in carpet weaving industry is
prohibited by law but then they just do light work which never harms them.
He said he was well aware about child labour being a crime. He was
allowing the children to work at the industry in order to help them and
their family.
The supervisors in the industry helped the children in learning their
work and also told them the right ways of working. They were told
about all the safety measures to be taken at the workplace.
He agreed that he paid the children as per their work. He also gave
them gifts during festivals.
The employer told that they were allowed to work for 5 hours at any
time till the industry closes.
He asked the children to continue education but they were helpless as
they had to look after their family and provide basic necessity. He also
asked them to go school and work during the later hours for their
convenience.
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The employer told that the children used to do the work of cleaning and
moving of raw materials and other basic work.
The employer told that the children use to take the money from him
and sometimes the parents would also come to collect it.
He further informed us that he was employing these children as they
were in need of money & had no intention of getting cheap labour
behind employing these lads
He told us that he never gives any work of hazardous nature to these
children he has other employees to do such work and the children just
perform all the light work in the organization which never harms them.
Surprisingly, even the employer was unaware about the fact that
employing children in such carpet weaving and handloom industry is
prohibited by law but he took full responsibility of these children and
assured us that he won’t ever exploit them.
So these were our findings from the Visit of the industry and we were
satisfied with the situation therein but still many more industries and
processes are prohibited by the law for employing child labour but still
children are employed there and at times they are forced to perform
works which are hazardous in nature.
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8. Where the data can be
found?
The data relating to Child Labour could be found anywhere on the internet
in any of the educational websites or any law related website but in order
to be legally more specific, we have decided to refer the Child and
Adolescent (Prohibition and regulation) Act, 1986 and as per its provisions
an Adolescent shall not be permitted to work in any establishment under
the act.
An Adolescent cannot work for more than 3 Hours unless 1 Hour break
interval is provided.
An Adolescent can work for minimum 6 Hours in a day including
Working Hours + Break time + Waiting Period.
An Adolescent shall not be permitted to work during Night Hours and
Night means a Duration between 8.00am to 7.00pm.
An Adolescent is not allowed to work for Overtime and is restricted to
only 1 establishment per Day.
An Adolescent shall be allowed Holiday of 1 full day in a week
The word Establishment includes shops, farm, hotel, restaurant, theatre
or any other place of public amusement or entertainment
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Some of the Hazardous Processes
Beedi making & Cigarattes, Explosives, Carpet Weaving, Cloth dyeing,
printing, weaving, Agarbatti making, etc.
Offense under this act shall be considered as Cognisable offense i.e Person
can be arrested without Warrant
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9. Type of Data
The Data collected by us is in the form of:
Primary
Secondary
Subjective
Objective
Field Visit & analysis of industry and child labour employed in the
same forms the part of our primary data research.
Whereas the references from the past case laws relating to child
labour & reference from the Child & Adolescent (Prohibition &
Regulation) Act, 1986 forms the part of our Secondary Data.
The Literature Review & the Statistical information regarding child
labour in India is the objective data which we managed to collect
from different sources.
Finally, the Causes & Consequences and the findings from the
activity are the subjective data.
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11. Suggestions &
Recommendations
To look at child labour as a violation of child rights
To look at the loop holes in child labour act e.g. the registration of child
labour and their working hours only increase child labour. So we should
take a stand that there should be no registration and child labour should be
banned totally.
Instrument that’s tackle the problem of child labour such as the
functioning, police, social workers etc. should be very effective.
To work with the education system to make it more relevant to children
poor and rich so that they don’t drop out.
Education has become a fundamental right but this bill does not talk about
child labour. We have to look into this legislation.
Looking at the overall economic system in the country. Adult employment
and wages are very low, where there is employment children are
employed. So remove the children put them in school and give work to the
adults.
To spread awareness amongst the community and graham sabha, so that
they take a stand that they will not allow their children to work. E.g.: MV
foundation has done this in a community where adults are fined if they
allow their children to work.
To promote goods that is not made by children and to boycott goods made
by them.eg. In Chennai there are no children working in hotels.
To make parents aware. To put legal and moral pressure on them so that
they do not send their children to work.
Child labour comes under the labour ministry. The labour ministry covers
only the organized sector, while child comes under the unorganized sector.
So child laborers are not looked upon by this ministry. Child labour should
come under either the women and child welfare ministry or the education
ministry which can have a separate cell for child laborers.
Effective use of media to spread awareness eg: through TV, radios, public
announcements, use of famous personalities and celebrities.
Creation of a data base (information). To have colleges in different areas
collect information about child labour in their area.
When we say child labour we take into consideration only those who are
working in establishments like hotels, factories, karkhanas, we don’t
include agricultural and domestic child laborers. Any form of labour which
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hampers the growth and development of children and does not leave them
with time for enjoyment should be considered as child labour.
To have training programs with gram sabha, police etc to help them to
identify child labour and how they can intervene.
As a college we should map out the areas from where child labourers come
i.e. demand and source areas.To identify areas/ places where there are
high concentrations of child labour, child prostitution etc.and to
immediately set up child welfare boards there.
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