CHILD LABOUR

Abstract:
Child labour is a global problem, which is rampant in both developed and
developing countries. The exploitation of children for labour deprives them of
education, basic human rights and violates their dignity. The paper discusses the
root causes, consequences and possible solutions to eradicate child labour. The
paper also sheds light on international conventions, laws, and initiatives taken by
various governments and organizations to combat child labour.

Introduction:
Child labour is defined as any work that deprives children of their
childhood, education, and potential. The International Labour Organization (ILO)
defines child labour as work that is hazardous or harmful to a child’s physical and
mental health, education or moral development. According to the ILO, around
152 million children between the ages of 5 and 17 are engaged in child labour
worldwide. Child labour is prevalent in both developing and developed countries,
but it is most common in Asia and Africa.
Child labor, a global predicament, stands as a stark reminder of the harsh
realities endured by millions of children worldwide. As the wheels of progress
turn and economies evolve, the shadows of exploitation continue to loom large
over the innocence of youth. This research endeavors to unravel the intricate
layers surrounding child labor, delineating its multifaceted nature, delving into its
root causes, and advocating for robust strategies to combat this insidious societal
issue.
Child labor, defined by the International Labour Organization (ILO),
encapsulates any work that deprives children of their childhood, potential,
dignity, and is detrimental to their physical and mental development. This plight
transcends geographical boundaries, infiltrating both developing and developed
nations, inflicting irreparable damage on the fabric of societies.
The genesis of child labor is entrenched in a confluence of socio-economic
disparities, cultural norms, and systemic deficiencies. Poverty, often identified as
the chief catalyst, coerces families into a distressing choice between survival and
education, compelling children into labor to augment household incomes.
Concurrently, a lack of access to quality education perpetuates this cycle, leaving
children bereft of viable alternatives, relegating them to the exploitative clutches
of labor.
 Cultural paradigms and societal acceptance further normalize the notion of
children contributing to familial livelihoods from a tender age. Be it in
agriculture, manufacturing, domestic labor, or the informal sector, children find
themselves entangled in arduous tasks, devoid of the joys of a carefree childhood.

The impacts of child labor reverberate through every facet of a child's life,
imprinting scars that endure into adulthood. Beyond the physical toll, these young
souls grapple with psychological trauma, stripped of the nurturing environment
necessary for their emotional growth. Concurrently, their education becomes a
casualty, truncating their aspirations and perpetuating the cycle of poverty.
While international conventions and national legislations strive to curtail
this egregious violation of children's rights, implementation and enforcement
often falter, allowing the scourge of child labor to persist. This underscores the
urgency of a comprehensive and collective approach, one that amalgamates
legislative rigor with societal consciousness, educational empowerment, and
economic sustainability.
The multifaceted nature of this predicament warrants meticulous analysis
and concerted efforts. This research endeavors to unravel the layers shrouding
child labor, exploring its causes, magnifying its repercussions, and prescribing
pragmatic solutions. Through a nuanced understanding of this pervasive issue,
the aspiration is to foster discourse, incite action, and advocate for a world where
childhood is revered, safeguarded, and cherished.

Body of Paper:
Constitutional Provisions:
➢ Article 21A: Right to Education
o 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.
➢ Article 24: Prohibition of employment of children in factories etc.
No child below the age of fourteen years shall be employed in work
in any factory or mine or engaged in any other hazardous
employment.
➢ Article 39: The State shall, in particular, direct its policy towards securing
o that the health and strength of workers, men and women, 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
strength.
o that children are given opportunities and facilities to develop in a
healthy manner and in conditions of freedom and dignity and that
childhood and youth are protected against exploitation and against
moral and material abandonment
➢ Article 45: Provision for early childhood care and education to
childrenbelow the age of 6 years.
o The State shall endeavour to provide early childhood care and
education for all children until they complete the age of 6 years.
According to the Census 2001 figures there are 1.26crore working children
in the age group of 5-14 as compared to the total child population of 25.2crore.
There are approximately 12lakhs children working in the hazardous
occupations/processes which are covered under the Child Labour (Prohibition &
Regulation) Act i.e. 18 occupations and 65 processes. However, as per survey
conducted by National Sample Survey Organisation (NSSO) in 2004-05, the
number of working children is estimated at 90.75lakh. The number of working
children has further gone down in NSSO survey 2009-10 to 49.84lakh. It shows
that the efforts of the Government have borne the desired fruits.
Data on children working in hazardous occupations/processes as per Census 2001

Foundries, slaughter houses, plastic units, transport of passengers, goods or mails

by railways, Cinder picking, soap manufacturing, tanning, lock making, paper
making, tyre making and repairing, manufacture of dyes and dyestuff, cashew
and cashew nut descaling and processing etc.
Child Labour (Prohibition & Regulation) Act, 1986
❖ As per the Child Labour (Prohibition & Regulation) Act, 1986 “child”
means a person who has not completed his 14th year of age.
❖ The Act prohibits employment of children in 18 occupations and 65
processes contained in Part A & B of the Schedule to the Act (Section 3).
❖ Under the Act, a Technical Advisory Committee is constituted to advice
for inclusion of further occupations & processes in the Schedule (Refer
Page No. 26).
❖ The Act regulates the condition of employment in all occupations and
processes not prohibited under the Act (Part III).
❖ Any person who employs any child in contravention of the provisions of
section 3 of the Act is liable for punishment with imprisonment for a term
which shall not be less than three months but which may extend to one year
or with fine which shall not be less than Rs 10,000 but which may extend
to Rs 20,000 or both. (Section 14).
❖ The Central and the State Governments enforce the provisions of the Act
in their respective spheres.
❖ Central Government is the appropriate authority for enforcement of Child
Labour (P&R) Act in respect of establishments under the control of Central
Government or a railway administration or a major port or a mine or oil
field and in all other cases, the State Government.

Root Causes of Child Labour:

The root causes of child labour are complex and interrelated. The primary causes
of child labour include poverty, lack of education, and inadequate laws and
policies. In developing countries, children often work in agriculture, domestic
service, and informal sectors due to poverty. Lack of education is also a
significant factor that contributes to child labour, as children from poor families
often drop out of school to work. Additionally, inadequate laws and policies,
weak enforcement mechanisms, and corruption contribute to the prevalence of
child labour in many countries.

Consequences of Child Labour:

Child labour has significant consequences for children, families, and societies.
Children who are forced to work instead of attending school often suffer from
physical and mental health problems due to hazardous working conditions. The
exploitation of children also perpetuates the cycle of poverty, as it deprives them
of the education and skills necessary to break free from poverty. Child labour also
violates the basic human rights of children, depriving them of their dignity and
freedom.
Solutions to Eradicate Child Labour:
The eradication of child labour requires a multifaceted approach that addresses
the root causes, consequences and prevention of child labour. The following
solutions can be implemented to eradicate child labour:
Education: Education is one of the most effective ways to combat child labour.
Providing education to children from poor families can help break the cycle of
poverty and prevent children from being forced into labour.
Enforcing laws and policies: Governments need to enforce laws and policies that
protect children from exploitation and provide them with basic human rights. This
includes laws related to minimum age for employment, working conditions, and
child protection.
Economic empowerment: Providing economic opportunities and financial
support to families living in poverty can reduce their reliance on child labour to
earn income.
Awareness-raising: Increasing public awareness about the dangers and
consequences of child labour can help prevent families from engaging in the
practice.

International Conventions and Laws:

Several international conventions and laws have been developed to combat child
labour. The ILO’s Worst Forms of Child Labour Convention, adopted in 1999, is
the most comprehensive international agreement aimed at eliminating child
labour. The convention prohibits the worst forms of child labour, including
slavery, forced labour, and trafficking. The United Nations Convention on the
Rights of the Child (CRC), adopted in 1989, is another critical international
agreement that recognizes the rights of children to education, healthcare, and
protection from exploitation.

Suggestions:
1. Strengthening Legislation: Governments should enforce and strengthen
laws prohibiting child labor, ensuring strict penalties for violations.
Regular audits and inspections in industries known for employing child
labor should be conducted.
 2. Access to Education: Expanding access to quality education is crucial.
Programs should be implemented to provide free or subsidized education,
along with incentives for families to keep children in school, such as school
meals or financial support.
3. Community Awareness Programs: Raising awareness about the negative
impacts of child labor on children's health and future prospects can change
community attitudes. Local campaigns can educate families about the
importance of education and the long-term benefits of keeping children in
school.
4. Economic Support for Families: Implementing social protection programs,
such as conditional cash transfers, can help alleviate poverty and reduce
the economic pressures that lead families to send their children to work.
5. Collaboration with Businesses: Engaging with companies to adopt ethical
labor practices and ensure that their supply chains are free from child labor
can create broader changes. Businesses should be encouraged to invest in
community development initiatives that support families.
6. Monitoring and Reporting Mechanisms: Establishing robust systems for
monitoring child labor practices and providing safe channels for reporting
violations is essential. This can empower communities to take action
against exploitative practices.
7. Focus on Vulnerable Populations: Special attention should be given to
marginalized groups, including children in rural areas, minority
communities, and those affected by conflict or displacement, as they are
often more susceptible to exploitation.
By implementing these suggestions, stakeholders can work collaboratively to
eradicate child labor and create a future where all children can thrive in safe and
nurturing environments.

Conclusion:
Child labor remains a critical global issue that undermines children's rights,
education, and overall development. Despite international efforts and legal
frameworks aimed at combating this practice, millions of children are still
engaged in labor that is hazardous, exploitative, or detrimental to their health and
education. The persistence of child labor is often linked to poverty, lack of access
to quality education, and cultural factors that prioritize immediate economic gain
over long-term wellbeing.
Addressing child labor requires a multifaceted approach that includes
strengthening legal protections, improving access to education, and raising
awareness about the rights of children. Collaborative efforts among governments,
NGOs, and communities are essential to create sustainable solutions that
prioritize children's welfare.

Bibliography/ References:

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