2015
Child Labour in India
Under the Guidance of:
Dr. Anita Singh
Shantnu Tyagi-BM-013073
Akshi Singhal-BM-013007
Parul Rathore-BM-013049
DECLARATION
We all PGDM students of Institute of Management Studies, Ghaziabad
declare that the project entitled “Building market competitive
compensation systems ”, is the original work done by me and
the information provided in the study is authentic to the best of my
knowledge.
Place: Ghaziabad Signature:
Shantnu Tyagi-BM-013073
Akshi Singhal-BM-013007
Parul Rathore-BM-013049
ACKNOWLEDGEMENT
I would like to thank my faculty guide Dr.Anita Singh, for guiding and
supporting me during this project and providing me an opportunity to
learn outside the class room. His encouragement, time and effort are
greatly appreciated.
A particular word of thanks to my friends who provided insight on the
project and valuable inputs in the final report.
I would like to thank my Director Dr. Urvashi Makkar. For her
continuous guidance I am able to successfully complete the project.
I would like to dedicate this project to my parents. I received constant
support from my parents to accomplish the project work.
Introduction
Children are the greatest gift to humanity and Childhood is an
important and impressionable stage of human development as it holds
the potential to the future development of any society. Children who
are brought up in an environment, which is conducive to their
intellectual, physical and social health, grow up to be responsible and
productive members of society. Every nation links its future with the
present status of its children. By performing work when they are too
young for the task, children unduly reduce their present welfare or
their future income earning capabilities, either by shrinking their future
external choice sets or by reducing their own future individual
productive capabilities. Under extreme economic distress, children are
forced to forego educational opportunities and take up jobs which are
mostly exploitative as they are usually underpaid and engaged in
hazardous conditions. Parents decide to send their child for engaging in
a job as a desperate measure due to poor economic conditions. It is,
therefore, no wonder that the poor households predominantly send
their children to work in early ages of their life. One of the
disconcerting aspects of child labour is that children are sent to work at
the expense of education. There is a strong effect of child labour on
school attendance rates and the length of a child’s work day is
negatively associated with his or her capacity to attend school. Child
labour restricts the right of children to access and benefit from
education and denies the fundamental opportunity to attend school.
Child labour, thus, prejudices children’s education and adversely
affects their health and safety.
Magnitude of Child Labour in India
The magnitude of child labour in India has been witnessing enormous
decline in the last two decades, both in terms of magnitude and
workforce participation rates.
Evidence drawn from the National Sample Survey data suggest that
India’s child workforce during 2004-05 was estimated at little over nine
million (9.07 million) as against twenty-one and half million (21.55
million) in 1983. During this period, the number of child employment
has declined sharply by 12.48 million. There is considerable fall in child
workforce is observed among boys than girls. The corresponding fall in
boys and girls workforce during 1983 to 2004- 05 is observed to have
decreased from 12.06 to 4.76 million, and 9.49 to 4.31 million,
respectively. In effect, the gender difference that existed between boys
and girls (adverse against boys) during the early 1980s has almost
dissipated in recent years, the difference being slowed down from 2.57
million to roughly 0.45 million. However, in absolute numbers, the
problem is large. As per the Census 2001, there are 1.26 crores
economically active children in the age-group of 5-14 years. It was 1.13
crores in the 1991 Census2.
As per NSSO survey 2009-10, the working children are estimated at
49.84 lakh which shows a declining trend. As per the Global Report on
Child Labour published by International Labour Organization last year,
the activity rate of children in the age group of 5-14 years is 5.1 per
cent in Latin America and Caribbean Region, which is the lowest in the
world. In the Asia-Pacific Region, it is 18.8 per cent. In comparison to
that, the activity rate of children in India, as per 2001 census is 5 per
cent3.
Government Initiatives
Child Labor and Constitutional Provisions
The framers of the Constitution of India deemed it necessary to include
special provisions in the Constitution for the protection of the rights of
working children.
Article Title Description
21A Right to Education The State shall provide free
and compulsory education to
all children of the age of 6 to
14 years in such manner as
the State, by law, may
determine.
24 Prohibition of Employment of No child below the age
Children’s in Factories fourteen years shall be
employed in work in any
factory or mine or engaged in
any other hazardous
employment.
39 The state shall in Particular That the health and strength
direct its policy towards of workers, men and women,
securing and the tender age of children
are not abused and that
citizens are not forced by
economic necessity to enter
avocations unsuited to their
age or strength5
Legislation for Child Labour in India
The first protective legislation for child labour in India was seen in 1881
in the form if Indian factories Act which had the provisions prohibiting
employment of children below 7 years, limiting the working hours for
children to 9 hours a day and providing 4 holidays in a month and rest
hours. This was actually made by the ruling British Government to
decrease the production in Indian industries through some legal
restrictions.
It may be submitted that the labour legislations in India including
protective legislation for children have been greatly influenced with the
result of various Conventions and Recommendations adopted by
International Labour Organisation. Besides Constitutional provisions,
there are several legislative enactments which provide legal protection
to children in various occupations.
The Children (Pledging of Labour) Act, 1933
rules made thereunder by the
government
Child Labour (Prohibition and Regulation) Act (1986) was the
culmination of efforts and ideas that emerged from the deliberations
and recommendations of various committees on child labour.
Significant among them were the National Commission on Labour
(1966-1969), the Gurupadaswamy Committee on Child Labour (1979)
and the Sanat Mehta Committee (1984). The Act aims to prohibit the
entry of children into hazardous occupations and to regulate the
services of children in non-hazardous occupations. In particular it is
aimed at (i) the banning of the employment of children, i.e. those who
have not completed their 14th year, in 18 specified occupations and 65
processes; (ii) laying down a procedure to make additions to the
schedule of banned occupations or processes; (iii) regulating the
working conditions of children in occupations where they are not
prohibited from working; (iv) laying down penalties for
employment of children in violation of the provisions of this Act and
other Acts which forbid the employment of children; (v)bringing
uniformity in the definition of the child in related laws.
The Child Labour (Prohibition and Regulation Amendment Bill, 2012
was introduced in Rajya Sabha on 4 December, 2012 further to amend
the Child Labour (Prohibition and Regulation) Act, 1986. The
amendment also seeks a blanket ban on employing children below 18
years in hazardous industries like mining. The Bill is referred to Standing
Committee on Labour and Employment8.
Enforcement Figures on Child Labour
As per the data received from various States, the details of inspections
carried out, prosecutions launched, convictions made under the Child
Labour Act during the last five years and current year are given as
under:
Year No. of No. of No. of
Inspections Prosecutions Convictions
2007 363927 12705 12705 617
2008 355629 11318 763
2009 317083 11418 1312
2010 239612 8998 1308
2011 84935 4590 774
2012** 25040 589 167
Judicial Efforts towards the Problem of Child Labour
On 10th December 1996 in Writ Petition (Civil) No.465/1986 on MC
Mehta verses State of Tamil Nadu, the Supreme Court of India, gave
certain directions on the issue of elimination of child labour. The main
features of judgment are as under:
Survey for identification of working children;
hazardous industry and ensuring
their education in appropriate institutions;
- per child to be paid by the offending
employers of children to a welfare fund to be established for this
purpose;
the family of the child so
withdrawn from work and it that is not possible a contribution of
Rs.5,000/- to the welfare fund to be made by the State Government;
paid -out of the interest earnings on the corpus of Rs.20,000/25,000
deposited in the welfare fund as long as the child is actually sent to the
schools;
-hazardous
occupations so that their working hours do not exceed six hours per
day and education for at least two hours is ensured. The entire
expenditure on education is to be borne by the concerned employer.
The implementation of the direction of the Hon’ble Supreme Court is
being monitored by the Ministry of Labour and compliance of the
directions have been reported in the form of Affidavits on 05.12.97,
21.12.1999, 04.12.2000, 04.07.2001 and 04-12-2003 to the Hon’ble
Court on the basis of the information received from the State/UT
Governments10.
National Child Labour Policy
Constitutional and legislative provisions providing protection to
children against employment has been elaborated in the National Child
Labour Policy announced in 1987. The policy addresses the complex
issue of child labour in a comprehensive, holistic and integrated
manner. The action plan under this policy is multi-pronged and mainly
consists of:
Focuses on general development programmes for the benefit of the
families of children; and
-based action plan in areas of high concentration of child
labour.
National Child Labour Project Scheme
For rehabilitation of child labour, Government had initiated the
National Child Labour Project (NCLP) Scheme in 1988 to rehabilitate
working children in 12 child labour endemic districts of the country. Its
coverage has increased progressively to cover 271 districts in the
country presently. As on date the Scheme is in operation in 266
districts.
Under the NCLP Scheme, children are withdrawn form work and put
into special schools, where they are provided with bridging education,
vocational training, mid-day meal, stipend, health-care facilities etc.
and finally mainstreamed to the formal education system. At present,
there are around 7,000 NCLP schools being run in the country with an
enrolment of three lakh children. Till date more than 9 lakh working
children have already been mainstreamed to regular education under
the NCLP Scheme.
The NCLP scheme is a Central Sector scheme. Under the scheme,
project societies are set up at the district level under the
Chairpersonship of the Collector/ District Magistrate for overseeing the
implementation of the project. Instructions to involve civil society and
NGOs have also been issued12.
The number of child labourers rescued, rehabilitated and
mainstreamed through National Child Labour Project Scheme during
2009 To December 2012.
Convergence with Programmes of Other Ministries/Departments
Convergence of services from different government departments is one
of the key components of the NCLP which leads to the overall success
of the programme. The NCLPs make efforts to utilise the services of
other departments at various levels. Most important among the
different departments has been the Department of Education. Since
different forms of child labour cannot be ended only by improving
school enrolment and educational rehabilitation, efforts for
improvement of socio-economic environment of the child labour
families will be strengthened. Some of the prominent schemes of these
Ministries/department, which could have an explicit component for
child labour and their family are given below and could be utilized for
government interventions for elimination of child labour. This is
however, only an indicative list and could be extended to others
programmes to:
a) Schemes of Department of Education
me
b) Schemes of Ministry of Women & Child Development:
from work through their schemes of Shelter Homes, etc
into residential schools under SC/ST/OBC Schemes.
c) Schemes of Ministry of Rural Development
(MGNREGA).
d) Scheme of Ministry of Labour & Employment
e) Other Social security schemes
As poverty and illiteracy are the prime reasons for child labour, a
combined and
coordinated effort of the various departments would greatly help to
mitigate this problem. The National Policy on Child Labour, prescribes
the need to focus on general development programmes for the benefit
of the families of child Labour. Providing income generation
opportunities to the parents of child labour would enable them to send
their children to school rather than work. Moreover, encouraging the
parents of the working children to form Self Help Groups (SHGs). This
would also help to bring children from these families to the fold of
education.
Elimination of Child Labour in India – Coordination with ILO
The International Labour Organisation (ILO) launched the International
Programme for Elimination of Child Labour (IPEC) in the year 1991 with
the objective to end child labour globally. India was the first country to
sign the Memorandum of Understanding (MOU) in the year 1992.
During the 11th Plan Period, three Projects viz., INDUS Project, Andhra
Pradesh Phase-II &Karnataka Project were implemented in the country
under ILO-IPEC. Jointly funded by the Ministry of Labour, Government
of India and the Department of Labour, United States of America
(USDOL), the INDUS Child Labour Project was implemented in ten
hazardous sectors in 21 districts across five states viz. Delhi (NCT Delhi),
Maharashtra (Districts of Amravati, Jalna, Aurangabad, Gondia and
Mumbai Suburban), Madhya Pradesh (Districts of Damoh, Sagar,
Jabalpur, Satna and Katni), Tamil Nadu (Districts of Kanchipuram,
Thiruvannamallai, Tiruvallur, Nammakkal and Virudhunagar) and Uttar
Pradesh(Districts of Moradabad , Allahabad.
Kanpur Nagar, Aligarh and Ferozabad). The project adopted a
participatory method to identify beneficiaries and enrolling child
workers in schools, transitional education centres and vocational
training centres was seen as a key strategy for rehabilitation of child
and adolescent workers withdrawn from work. The project was
instrumental in the operationalising the public education component in
the field. The Project also developed income generation strategies for
child labour elimination by linking child labour families with the ongoing
government schemes that provide access to micro credit and subsidies.
The project has systematically worked at developing a comprehensive
multipronged communication strategy. A variety of tools have been
developed to aid awareness raising efforts at the field level. Through its
Action Programmes, the INDUS project worked towards sensitizing and
building capacities of key government agencies and civil society
partners in project states on child labour. The project, through an
action research to study the occupational health and safety made
efforts to develop interim solutions to protect adolescents and young
adults from hazards at work places. The project has also
operationalised a beneficiary tracking system.
Conclusion
Government has accordingly been taking proactive steps to tackle this
problem
through strict enforcement of legislative provisions along with
simultaneous rehabilitative measures. State Governments, which are
the appropriate implementing authorities, have been conducting
regular inspections and raids to detect cases of violations. Since poverty
is the root cause of this problem, and enforcement alone cannot help
solve it, Government has been laying a lot of emphasis on the
rehabilitation of these children and on improving the economic
conditions of their families
Data on Child Labour based on Employment Unemployment Survey
During NSS 66th Round Major State all India Age Group 5-14
(2009-10)16 Sr. No.
Rural Urban
Male Female Male Female
Andhra 88156 110191 20767 15548
1. Pradesh
Assam 144655 31909 11833 757
2.
Bihar 224292 38665 11017 2548
3.
Chhattisgar 3669 7321 636 0
4. h
Delhi - - 18576 0
5.
Gujarat 150487 207973 15945 16282
6.
Haryana 22664 17471 28073 3988
7.
Himachal 2300 2942 2156 0
8. Pradesh
Jammu & 11274 16872 1139 0
9. Kashmir
Jharkhand 63684 14661 4123 0
10.
Karnataka 89796 113429 20793 2479
11.
Kerala 1182 0 0 1583
12.
Madhya 91454 32812 57688 9063
13. Pradesh
Maharashtr 66370 127996 54230 12077
14. a
Orissa 54390 38288 36522 5363
15.
Punjab 16802 6433 15664 9937
16.
Rajasthan 93055 261871 43184 7826
17.
Tamil Nadu 0 13880 3471 0
18.
Uttarakhan 14810 7239 3219 2103
19. d
Uttar 1012294 546320 147820 68899
20. Pradesh
West 357265 134657 31946 27716
21. Bengal
All India 2511101 1727271 546897 198602
List of Occupations Processes prohibited under the Act
1) Transport of passengers, goods or mails by railways;
2) Cinder picking, clearing of an ash pit or building operation in the
railway premises;
3) Work in a catering establishment at a railway station, involving the
movement of a vendor or any other employee of the establishment
from the one platform to another or in to or out of a moving train;
4) Work relating to the construction of a railway station or with any
other work where such work is done in close proximity to or between
the railway lines;
5) A port authority within the limits of any port;
6) Work relating to selling of crackers and fireworks in shops with
temporary licenses;
7) Abattoirs/Slaughter House;
8) Automobile workshops and garages;
9) Foundries;
10) Handling of toxic or inflammable substances or explosives;
11) Handloom and power loom industry;
12) Mines (underground and under water) and collieries;
13) Plastic units and fibreglass workshops;
14) Domestic workers or servants;
15) Dhabas (roadside eateries), restaurants, hotels, motels, tea shops,
resorts, spas or other recreational centers; and
16) Diving.
17) Caring of elephant.
18) Working in the circus17.
17 Lok Sabha Unstarred Question No. 2669 dated 10.12.2012
-13-
Part B
Processes (Industrial Activity)
1) Beedi-making.
2) Carpet-weaving including preparatory and incidental process
thereof;
3) Cement manufacture, including bagging of cement.
4) Cloth printing, dyeing and weaving including processes preparatory
and incidental thereto:
5) Manufacture of matches, explosives and fire-works.
6) Mica-cutting and splitting.
7) Shellac manufacture.
8) Soap manufacture.
9) Tanning.
10) Wool-cleaning.
11) Building and construction industry including processing and
polishing of granite stones`
12) Manufacture of slate pencils (including packing).
13) Manufacture of products from agate.
14) Manufacturing processes using toxic metals and substances such as
lead, mercury, manganese, chromium, cadmium, benzene, pesticides
and asbestos.
15) `Hazardous processes` as defined in Sec. 2 (cb) and `dangerous
operation` as notice in rules made under section 87 of the Factories
Act, 1948 (63 of 1948)
16) (16) Printing as defined in Section 2(k) (iv) of the Factories Act, 1948
(63 of 1948)
17) Cashew and cashewnut descaling and processing.
18) Soldering processes in electronic industries.
19) Aggarbatti` manufacturing.
20) Automobile repairs and maintenance including processes incidental
thereto namely, welding, lathe work, dent beating and painting.
-14-
21) Brick kilns and Roof tiles units.
22) Cotton ginning and processing and production of hosiery goods.
23) Detergent manufacturing.
24) Fabrication workshops (ferrous and non ferrous)
25) Gem cutting and polishing.
26) Handling of chromites and manganese ores.
27) Jute textile manufacture and coir making.
28) Lime Kilns and Manufacture of Lime.
29) Lock Making.
30) Manufacturing processes having exposure to lead such as primary
and secondary smelting, welding and cutting of lead-painted metal
constructions, welding of galvanized or zinc silicate, polyvinyl chloride,
mixing (by hand) of crystal glass mass, sanding or scraping of lead paint,
burning of lead in enamelling workshops, lead mining, plumbing, cable
making, wiring patenting, lead casting, type founding in printing shops.
Store typesetting, assembling of cars, shot making and lead glass
blowing.
31) Manufacture of cement pipes, cement products and other related
work.
32) Manufacture of glass, glass ware including bangles, florescent
tubes, bulbs and other similar glass products.
33) Manufacture of dyes and dye stuff.
34) Manufacturing or handling of pesticides and insecticides.
35) Manufacturing or processing and handling of corrosive and toxic
substances, metal cleaning and photo engraving and soldering
processes in electronic industry.
36) Manufacturing of burning coal and coal briquettes.
37) Manufacturing of sports goods involving exposure to synthetic
materials, chemicals and leather.
38) Moulding and processing of fiberglass and plastic.
39) Oil expelling and refinery.
-15-
40) Paper making.
41) Potteries and ceramic industry.
42) Polishing, moulding, cutting, welding and manufacturing of brass
goods in all forms.
43) Processes in agriculture where tractors, threshing and harvesting
machines are used and chaff cutting.
44) Saw mill - all processes.
45) Sericulture processing.
46) Skinning, dyeing and processes for manufacturing of leather and
leather products.
47) Stone breaking and stone crushing.
48) Tobacco processing including manufacturing of tobacco, tobacco
paste and handling of tobacco in any form.
49) Tyre making, repairing, re-treading and graphite beneficiation.
50) Utensils making, polishing and metal buffing.
51) `Zari` making (all processes)`.
52) Electroplating;
53) Graphite powdering and incidental processing;
54) Grinding or glazing of metals;
55) Diamond cutting and polishing;
56) Extraction of slate from mines;
57) Rag picking and scavenging;
58) Processes involving exposure to excessive heat (e.g. working near
furnace) and cold;
59) Mechanised fishing;
60) Food Processing;
61) Beverage Industry;
62) Timber handling and loading;
Biblography
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No.10/RN/Ref./2013
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Child Labour
