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Children are the future of the country and they need specials protection
because of their age, physical and mental faculties. In a civilized
society the importance of child cannot be over emphasized, because the
welfare of the entire community, its growth and development, depends on
the health and well being of its children. Children are a "supremely
more important national asset" and the future well being of as nation
depends upon how its children grow and develop.
The child of today cannot develop to be a responsible and productive
member of tomorrow's society unless an environment which is conducive to
his social and physical health is assured to him. Every nation,
developed or developing, links its future with the status of the child.
Childhood holds the potential and also sets the limit to the future
development of the society. Children are the greatest gift to humanity.
Mankind has the best hold of itself. The parents themselves live for
them. They embody the joy of life in them and in the innocence relieving
the fatigue and drudgery in their struggle of daily life. Parents regain
peace and happiness in the company of the children. The children signify
eternal optimism in the human being and always provide the potential for
human development. If the children are better equipped with a broader
human output, the society will feel happy with them. Neglecting the
children means loss to the society as a whole. If children are deprived
of their childhood - socially, economically, physically and mentally -
the nation gets deprived of the potential human resources for social
progress, economic empowerment and peace and order, the social stability
and good citizenry. The Founding Fathers of the Constitution, therefore,
have emphasized the importance of the role of the child and the need of
its best development. Dr. Bhimrao Ambedkar, who was far ahead of his
time in his wisdom, projected these rights in the Directive principles
including the children as beneficiaries. Their deprivation has
deleterious effect on the efficacy of the democracy and the rule of law.
Practice of child labour in India is very old. It has been in existence
in our country since time immemorial in one form or the other. Who does
not know the existence of the practice of child labour in Carpet
Industry, Match and fire works industry in Sivakashi; stone quarrying,
Bras Work in Moradabad, Glass Bangle Industry in Firozabad, Zari making
work in Lucknow, Lock making industry in Aligarh
We daily come across in existence of such a practice in other sectors
too such as restaurants, dhabas, domestic servants, coolies etc. working
conditions of such labour are pitiable. Most of them belong to
illiterate ignorant, poor, weaker and oppressed section of the society.
The system of child labour is a scale of the economy of a country, a
curse to the children and a stigma on the forehead of so-called modern
and civilized society. the system of child labour in India is ab inito,
but it continue, even today, and the childhood of millions of children
is being crushed in the modern race of modernity.
"Child labourer": The children, who are engaged as physical or mental
labourers in an industry, agriculture or profession, are called, child
labourers.
Section 2(ii) of Child Labour (Prohibition and Regulation) Act, 1986
defines "child" as 'A person who has not completed his fourteenth year
of age.'
Most of the child labourers are employed in agricultural works in
villages, animal husbandry, fisheries, forestation, tree plantation and
agricultural based cottage industries. Here, child labour are engaged in
house-jobs, shops, hotels, restaurants, small and large industries,
means of transport and communications etc. besides this most of the
children are
engaged in boot-polish work, milk selling, newspaper selling, drawing
rickshaws, hawkering, begging and other activities, such as
hose-building, brick furnace, road building, etc. they are compelled to
earn their livelihood at the cost of their mild childhood.
Our Constitution makers, wise and sagacious as they were, had known that
India of their vision would not be a reality if the children of the
country are not nurtured and educated. For this, their exploitation by
different profit makers for their personal gain had to be first
indicted. It is this need, which has found manifestation in Article 24,
which is one of these two provisions in Part IV of our Constitution on
the fundamental right against exploitation. The framers were aware that
this prohibition alone would not permit the child to contribute its mite
to the nation building work unless it receives at least basic education.
Article 45 was therefore inserted in our paramount parchment casting a
duty on the state to endeavor to provide free and compulsory education
to children.
INTERNATIONAL COMMITMENT
CONVENTION ON THE RIGHTS OF THE CHILD
It would be apposite to apprise ourselves also about our commitment to
world community for the for the case at hand it would be enough to note
that India has accepted the Convention on the Rights of the Child, 1989.
This convention affirms that children's rights require special
protection and it aims, not only to provide such protection, but also to
ensure the continuous improvement in the situation of the children all
over the world, as well as their development and education in conditions
of peace and security.
Thus the convention not only protects the child's civil and political
rights but also extends protection to child's economical, social,
cultural and humanitarian rights.
Article 3 provides that in all actions concerning children, whether
undertaken by public or private social welfare institutions, courts of
law, administrative authorities or legislative bodies, the best
interests of the child shall be the primary consideration.
Article 32, which is material for the purpose, reads as under:
(1) "State parties recognize the right of the child to be protected from
economic exploitation and from performing any work that is likely to be
hazardous or to interfere with the child's education, or to be harmful
to the child's health or physical, mental, spiritual, moral or social
development.
(2) State parties shall take legislative, administrative, social and
educational measures to ensure the implementation of the present
article. To this end, and having regard to the relevant provisions of
other international instruments, State parties shall in particular,
(a) provide for a minimum age or minimum ages for admission to
employment;
(b) provide for appropriate regulation of the hours and conditions of
employment;
(c) provide for appropriate penalties or other sanctions to ensure the
effective enforcement of the present article."
Universal Declaration Of Human Rights
Article 26(1) of Universal Declaration of Human Rights assures that
everyone has the right to education, which shall be free, at least at
the elementary and fundamental stages. Elementary education shall be
compulsory. Technical and professional education shall be made available
and higher education shall equally be accessible to all on the basis of
merit. Education enables development of human personality and
strengthens the respect for human rights and fundamental freedoms. It
promotes understanding, tolerance and friendship among people. It is,
therefore, the duty of the State to provide facilities and opportunities
to the children driven to child labour to develop their personality as
responsible citizens.
Article 27(1) provides that the State parties recognise the right of
every child to a standard of living adequate for the child's physical,
mental, spiritual, moral and social development.
Article 28 provides thus:
"1. State parties recognise the right of the child to education, and
with a view to achieving this right progressively and on the basis of
equal opportunity, they shall, in particular:
(a) Make primary education compulsory and available free to all;
(b) Encourage the development of different forms of secondary education,
including general and vocational education, make them available and
accessible to every child, and take appropriate measures such as the
introduction of free education and offering financial assistance in case
of need;
(c) Make higher education accessible to all on the basis of capacity by
every appropriate means;
(d) Make educational and vocational information and guidance available
and accessible to all children;
(e) Take measures to encourage regular attendance at schools and the
reduction of dropout rates.
2. State parties shall take all appropriate measures to ensure that
school discipline is administered in a manner consistent with the
child's human dignity and in conformity with the present convention.
3. State parties shall promote and encourage international cooperation
in matters relating to education, in particular with a view to
contributing to the elimination of ignorance and illiteracy throughout
the world and facilitating access to scientific and technical knowledge
and modern teaching methods in this regard. Particular account shall be
taken of the needs of developing countries."
Article 31(1) recognises the right of the child to rest and leisure, to
engage in play and recreational activities appropriate to the age of the
child and to participate freely in cultural life and the arts.
Article 36 states that "State parties shall protect the child against
all other forms of exploitation prejudicial to any aspects of the
child's welfare."
Declaration Of The Rights Of The Child
There has been equally great concern for the welfare of children at the
international level culminating in the Declaration of the Rights of The
Child
Principle 2 reads as:
"The child shall enjoy special protection and shall be given
opportunities and facilities, by law and by other means, to enable him
to develop physically, mentally, morally, spiritually and socially in a
healthy and normal manner and in conditions of freedom and dignity. In
the enactment of laws for this purpose the best interests of the child
shall be the paramount consideration."
Principle 9 reads as:
"The child shall be protected against al forms of neglect, cruelty and
exploitation. He shall not be the subject of traffic, in any form."
International Labour Organization
International Labour Organization, 1919 (hereinafter referred to as "ILO")
had felt that there should be international guidelines by which the
employment of children under a certain age could be regulated in
industrial undertakings. May it be stated that the ILO is playing an
important role in the process of gradual elimination of child labour and
to protect child from industrial exploitation. It has focused five main
issues:
1. Prohibition of child labour.
2. Protecting child labour at work.
3. Attacking the basic causes of child labour.
4. Helping children to adapt to future work.
5. Protecting the children of working parents.
DOMESTIC LAWS
CONSTITUTION OF INDIA, 1950
Article 21 mandates that "No person shall be deprived of his life or
personal liberty except according to the procedure established by law."
The bane of the poverty is the root of child labour and the children are
being subjected to deprivation of their meaningful right to life,
leisure, food, shelter, medical aid and education. Every child shall
have, without any discrimination on the ground of caste, birth, colour,
sex, language, religion, social origin, property or birth alone, right
to health, well being, education and social protection.
Article 24 of the Constitution prohibits employment of the children in
factories etc. so that "No child below the age of 14 years shall be
employed to work in any factory or mine or engaged in any other
hazardous employment."
Article 39(e) of the Constitution enjoins that The State shall direct
its policy towards securing the health and strength of workers, men and
women; and the children of tender age will not be abused; the citizens
should not be forced by economic necessity to enter avocations unsuited
to their age or strength.
Article 39(f) enjoins that The State shall direct its policy towards
securing that children are given opportunities and facilities to develop
in a healthy manner and in conditions of freedom and dignity and their
childhood and youth are protected against exploitation and against moral
and material abandonment.
Article 45 mandates that "The State shall endeavour to provide free and
compulsory education for all children until they complete the age of 14
years."
The period of ten years provided therein has lost its relevance since as
on date, more than 78 million out of 405 million children, 78% of them
are employed between the age of 5 to 14 years without any basic and
elementary education, health, access to nutrient food and leisure.
Article 47 mandates that "The State shall regard the raising of the
level of the nutrition and the standard of living of its people and the
improvement of the public health as among its primary duties in
particular"
Bandhua Mukti Morcha v. Union Of India And Others
AIR 1997 SC 2218
Facts: In this case a writ petition under Article 32 of the Constitution
had been filed by way of public interest litigation seeking issue of a
writ of mandamus directing the Government to take steps to stop
employment of children in Carpet Industry in the State of Uttar Pradesh;
to appoint a Committee to investigate into their conditions of
employment; and to issue such welfare directives as are appropriate for
total prohibition on employment of children below 14 years and directing
the respondents to give them facilities like education, health,
sanitation, nutritious food, etc.
Petitioner's Contention
The primary contention by the petitioner on behalf of the children below
the age of 14 years, is that the employment of children by various
carpet weavers in Varanasi, Mirzapur, Jaunpur and Allahabad areas is
violative of the constitutional provisions i.e. employment of the
children in any industry or in a hazardous industry, is violative of
Article 24 of the Constitution and derogatory to the mandates contained
in Articles 39(e) and (f) and 45 of the Constitution read with the
Preamble.
Appointment of committee
Pursuant to the filing of the writ petition, this Court appointed Prem
Bhai and others to visit factories manufacturing carpets and to submit
their findings as to whether any number of children below the age of 14
years are working in the carpet industry etc. The Commissioner submitted
his preliminary report. Subsequently, by Order dated 1-8-1991, this
Court appointed a Committee consisting of Shri J. P. Vergese, Ms.
Gyansudha Mishra and Dr. K. P. Raju to go around Mirzapur area and other
places where carpets are being weaved to find out whether children are
being exploited and to submit a comprehensive report. In furtherance
thereof, a comprehensive report was submitted on 18-11-1991.
Committee's report
The report of the Committee discloses the enormity of the problem of
exploitation to which the children are subjected. Children ranging
between 5 to 12 years having been kidnapped from Village Chhichhori (Patna
Block, District Palamau in Bihar) in January and February 1984 in three
batches and were taken to Village Bilwari in Mirzapur District of U.P.
for being engaged in carpet-weaving centres. They are forced to work all
day. Virtually, they are being treated as slaves and are subjected to
physical torture revealed by the presence of marks of violence on their
person.
The Commission/Committee visited 42 villages and found in all 884 looms
engaging 42% of the work force with the children below the age of 14
years. The total number of children are 369; 95% of them are of tender
age ranging between 6 to 11 years and most of them belong to the
Scheduled Castes and Scheduled Tribes. Despite persuasion, they could
not be released and continue to languish under bondage. The Commission
visited several villages, personally contacted the parents of the
children in different places and found that the children were taken
against their wishes and are wrongfully forced to work as bonded labour
in the carpet industries. They have furnished the list of the children
whom they contacted and the list of the carpet industries whereat the
children were found engaged.
Issues:
(1) Whether the employment of the children below the age of 14 years is
violative of Article 24?
(2) Whether the omission on the part of the State to provide welfare
facilities and opportunities deprives them of the constitutional
mandates contained in Articles 45, 39(e) and (f), 21, 14 etc.?
Decision/Directions:
We are of the view that a direction needs to be given that the
Government of India should convene a meeting of the Ministers concerned
of the respective State Governments and their Principal Secretaries
holding Departments concerned, to evolve the principles of policies for
progressive elimination of employment of the children below the age of
14 years in all employments governed by the respective enactments to
evolve such steps consistent with the scheme laid down in M. C. Mehta v.
State of Tamil Nadu to provide:
(1) Compulsory education to all children either by the industries
themselves or in coordination with it by the State Government to the
children employed in the factories, mine or any other industry,
organized or unorganized labour with such timings as is convenient to
impart compulsory education, facilities for secondary, vocational
profession and higher education;
(2) Apart from education, periodical health check-up;
(3) Nutrient food etc.;
(4) Entrust the responsibilities for implementation of the principles.
Periodical reports of the progress made in that behalf be submitted to
the Registry of this Court. The Central Government is directed to
convene the meeting within two months from the date of receipt of the
order. After evolving the principles, a copy thereof is directed to be
forwarded to the Registry of this Court.
In Maharashtra State Board of Secondary and Higher Secondary Education
v. K. S. Gandhi , right to education at the secondary stage was held to
be a fundamental right. In Unni Krishnan, J. P. v. State of A.P a
Constitution Bench had held education up to the age of 14 years to be a
fundamental right; right to health has been held to be a fundamental
right; right to
potable water has been held to be a fundamental right; meaningful right
to life has been held to be a fundamental right. The child is equally
entitled to all these fundamental rights.
It would, therefore, be incumbent upon the State to provide facilities
and opportunity as enjoined under Article 39(e) and (f) of the
Constitution and to prevent exploitation of their childhood due to
indigence and vagrancy. As stated earlier, their employment - either
forced or voluntary - is occasioned due to economic necessity;
exploitation of their childhood due to poverty, in particular, the poor
and the deprived sections of the society, is detrimental to democracy
and social stability, unity and integrity of the nation.
Sheela Barse And Others v. Union Of India Others
AIR 1986 SC 1773
In this case, the Supreme Court made an order issuing various directions
in regard to physically and mentally retarded children as also abandoned
or destitute children who are lodged in various jails in the country for
'safe custody'. We also directed the Director General of Doordarshan as
also the Director General of All India Radio to give publicity seeking
cooperation of non-governmental social service organizations in the task
of rehabilitation of these children. We were extremely pained and
anguished that these children should be kept in jail instead be being
properly looked after, given adequate medical treatment and imparted
training in various skills which make them independent and self-reliant.
Some years ago we came out with a National Policy for the Welfare of
Children, which contained the following perambulatory declaration:
1. The nation's children are a supremely important asset. Their nurture
and solicitude are our responsibility. Children's programmes should find
a prominent part in our national plans for the development of human
resources, so that our children grow up to become robust citizens,
physically fit, mentally alert and morally healthy, endowed with the
skill and motivations needed by society. Equal opportunities for
development to all children during the period of growth should be our
aim, for this would serve our large purpose of reducing inequality and
ensuring social justice. If a child is a national asset, it is the duty
of the State to look after the child with a view to ensuring full
development of its personality. That is why all the statutes dealing
with children provide that a child shall not be kept in jail. . Even
where children are accused of offences, they must not be kept in jails.
It is no answer on the part of the State to say that it has not got
enough number of remand homes or observation homes or other places where
children can be kept and that are why they are lodged in jails.
2. The problem of detention of children accused of an offence would
become much more easy of solution if the investigation by the police and
the trial by the magistrate could be expedited. Really speaking, the
trial of children must take place in the Juvenile Courts and not in the
regular criminal courts. There are special provisions enacted in various
statutes relating to children providing for trial by Juvenile Courts in
accordance with a special procedure intended to safeguard the interest
and welfare of children, but, we find that in many of the States there
are no Juvenile Courts functioning at all and where there are Juvenile
Courts, they are nothing but a replica of the ordinary criminal courts,
only the label being changed. We wish to impress upon the State
Governments with all the earnestness at our command, that they must set
up Juvenile Courts, one in each district.
3. We would also direct that where a complaint is filed or FIR is lodged
against a child below the age of 16 years for an offence punishable with
imprisonment of not more than 7 years, the investigation shall be
completed within a period of three months from the date of filing of the
complaint or lodging of the first information report and if the
investigation in not completed within this time, the case against the
child must be treated as closed. If within three months, the
charge-sheet is filed against the child in case of an offence punishable
with imprisonment of not more than 7 years, the case must be tried and
disposed of within a further period of 6 months at the outside and this
period should be inclusive of the time taken up in committal
proceedings, if any. If that is not done, the prosecution against the
child must be liable to be quashed.
4. We would suggest that instead of each State having its own Childrens'
Act different in procedure and content from the Children's' Act in other
States, it would be desirable if the Central Government initiates
Parliamentary Legislation on the subject, so that there is complete
uniformity in regard to the various provisions relating to children in
the entire territory of the country. Such legislations should also
contain mandatory provisions for ensuring social, economic and
psychological rehabilitation of the children who are either accused of
offences or are abandoned our destitute or lost.
Supreme Court in Bandhua Mukti Morcha v. Union of
India interpreted:
"... It is the fundamental right of every one in this country, assured
under the interpretation given to Article 21 by this Court in Francis
Mullin case, to live with human dignity, free from exploitation. This
right to live with human dignity enshrined in Article 21 derives its
life breath from the Directive Principles of State Policy and
particularly clauses (e) and (f) of Article 39 and Articles 41 and 42
and at the least, therefore, it must include protection of the health
and strength of workers, men and women, and of the tender age of
children against abuse, opportunities and facilities for children to
develop in a healthy manner and in conditions of freedom and dignity,
education facilities, just and humane conditions of work and maternity
relief."
STATUTORY PROVISIONS
As on today, the following legislative enactments are in force
prohibiting employment of child labourers in different occupations:
I. Section 67 of the Factories Act, 1948:
"Prohibition of employment of young children-No child who has not
completed his fourteenth year shall be required or allowed to work in
any factory."
II. Section 109 of Merchant Shipping Act, 1951:
"Employment of children---No person under fourteen years if age shall be
engaged or carried to sea to work in any capacity in any ship, except-
(a) In a school ship, or training ship, in accordance with the
prescribed conditions; or
(b) In a ship in which all persons employed are members of one family;
or
(c) In a home trade ship of less than two hundred tons gross; or
(d) Where such person is to be employed on nominal wages and will be in
the charge of his father or other adult near male relative."
III. Section 45 of Mines Act, 1952:
"Prohibition of the presence of persons below eighteen years of age in
mine--Subject to the provisions of sub section 2 of Section 40, after
such date as the Central Government may, by notification in the Official
Gazette, appoint in this behalf, no person below eighteen years of age
shall be allowed to present in any part of a mine above ground where any
operation connected with or incidental to any mining operation is being
carried on."
IV. Section 21 of Motor Transport Workers Act, 1961:
"Prohibition of employment of children---No child shall be required or
allowed to work in any capacity in any motor transport undertaking."
V. Section 3 of Apprentices Act, 1961:
"Qualifications for being as an apprentice---A person shall not be
qualified for being engaged as an apprentice to undergo apprenticeship
training in any designated trade, unless he -
(a) is not less than fourteen years of age, and
(b) satisfies such standards of education and physical fitness as may be
prescribed."
VI. Section 24 of Beedi and Cigar Workers (Conditions of Employment)
Act, 1966:
"Prohibition of employment of children--- No child shall be required or
allowed to work in any industrial premises."
VII. Child labour (Prohibition and Regulation) Act, 1986:
The aforesaid enactment is ex facie, a bold step. Section 3 of this Act
has prohibited employment of children in certain occupations and
processes.
Part A of the Schedule to the Act contains the names of the occupations
in which no child can be employed or permitted to work.
Part A
(5) Occupations-- any occupation connected with:
1. Transport of passengers, goods or mails by railway;
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 one
platform to another or into 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; and
5. A port authority within the limits of any port.
Part B
(6) Processes:
1. Bidi-Making;
2. Carpet weaving;
3. Cement manufacture, including bagging of cement;
4. Cloth printing, dyeing and weaving;
5. Manufacture of matches, explosives and fireworks;
6. Mica-cutting and spitting;
7. Shellac manufacture;
8. Soap manufacture;
9. Tanning;
10. Wool-cleaning;
11. Building and construction industry.
Section 14 of the Act has provided for punishment up to one year
(minimum being 3 months) or with fine up to Rs. 20,000 (minimum being
10,000) or with both, to one who employs or permits any child to work in
contravention of provisions in Section 3.
RECOMMENDATIONS OF COMMITTEE
" Gurupad Swami Committee
Gurupad Swami's Committee examined child labour problem in detail,
thereafter, it submitted its report. This committee accepted that there
does exist the problem of child labour. In its report, it made certain
recommendations and from those some, which are pertinent to mention here
are as follows:
1. Labour laws be strictly enforced to bring down the prevalence of
child labour.
2. Strong political will for elimination of child labour is a must to
combat the evil of child labour. Any programme made towards this end
must be effectively implemented.
3. Adult literacy Programmes be made and implemented to educate the
parents of the child worker.
4. Compulsory primary education to children be provided.
5. Non-formal education center be opened for child labour. They can
attend their classes while they are on leave or off from their duties.
6. Compulsory primary education to children be provided.
7. Non-formal education centre be opened for child labour. They can
attend their classes while they are on leave or are off from their
duties.
8. The concept to start educational programme for child labour will
indeed prove to be beneficial to child labour in the country. The
National Child Labour Project (N.CL.P.) aims at non-formal education,
vocational training and supply of supplementary nutrition to child
labour in Hazardous Industries. Our Government has rightly linked the
child labour programme to district planning and has extended district
primary education project.
9. The National Child Labour Project Schools should be recognised for
purpose of admission to regular schools upto the age of 14 years. They
should also be provided with stipends and nutrition to encourage them.
10. Survey should regularly be conducted to identify children working in
hazardous Industries. Information received in this regard be passed on
to the local authorities to take appropriate action.
11. Necessary and suitable measures be adopted to prevent re entry of
the children in hazardous industries.
12. Active involvement of N.G.O's be made to combat the problem. They
may work to create awareness and get child workers a better deal. They
may prove to be very helpful in identification of child labour
concentration area. Through regular inter-action their service may be
availed of in this area which may include policy formulation and
implementation of legislation passed on the subject. It is gratifying to
note that N.G.O's are very active in this area in our country.
13. Co-operation strategy be formulated between the Government
authorities, International agencies and N.G.O's operating in this area.
14. Establishment of employment centres and counseling centre for
payments of child workers be made.
15. Evils of practice of prevalence of child labour be disseminated in
the society at each and every level. Public awareness on the subject is
need of the hour.
16. Attention of Legislature, Executive and Judiciary alone will not do
to combat the problem; Social reformists, Academicians, and N.G.O's and
all others who care for the growth and development of the nation too
should come out in all round attack of the problem.
17. Time bound programme be made to eradicate poverty which it the root
cause for the evil.
NATIONAL HUMAN TRIGHTS COMMISSION
The National Human Rights Commission has expressed the unequivocal view
that the problem of child labour will persist until the free compulsory
education for all upto the age of 14 years is realized. It has further
observed that despite the provision of Article 45 of the Indian
Constitution, the grim reality is that today the number of illiterates
in the country exceed the entire population of the country at the time
of independence. For making primary education compulsory, there is need
for strong political will.
GOVERNMENT POLICIES
Under the Child Labour Policy of 1987, the arrangement has been done to
save the children from exploitation their education, medical treatment,
means of recreation and emphasis on general development programmes.
Besides this, in 7th and 8th Five Year Plans also, the Government of
India has begun many particular projects like rehabilitation for
upliftment of child labours, informal education, professional training,
supplementary nutritional diet, and health care, etc. In 1995-96 Rs.
34.10 crore have been provided to eradicate child labour system.
Besides the Government, many non-government voluntary organizations are
apt for the welfare of child labours. U.N.I.C.E.F., International
agencies and Government of India help these organizations. In this
direction, M. Vekatchelaia Foundation, Ruchika Samaj Sevak Sangh and
volunteer child welfare organisations like Vivekananda Siksha Society
have contributed for eradication of child labour and development of
children engaged in industrial, urban and rural areas, Unfortunately,
despite of these, government and Non-Governmental methods and efforts,
the stigma of child labour has not been topped. A National Authority For
Elimination Of Child Labour (NAECL) has been constituted for elimination
of child labour in hazardous industries by 2000. at present about 2
million child labour is estimated to be employed in hazardous industries
and substantial resources i.e. Rs. 850 crores have been allocated
towards this goal.
Over 1050 child labourers employed in various industries in 12 States in
the country are reported to have participated in a National Convention
on Child Labour held in the month of December 1994 in Madras. They
demanded compulsory education for all children. They said they were
forced to work, as their parents were unable to find jobs and wanted
free textbooks, uniforms and food so that their parents would willingly
send them to schools. Children called for a public awareness campaign
against child labour so that parents would know that sending children to
work was illegal.
CAUSES OF FAILURE
It is to be seen as to why is it that child labour has continued despite
the aforesaid statutory enactments. This has been a subject of study by
a good number of authors. According to an author , the causes of failure
are:
(1) Poverty;
(2) Low wages of the adult;
(3) Unemployment;
(4) Absence of schemes for family allowance;
(5) Migration to urban areas;
(6) Large families but family income being less;
(7) Children being cheaply available;
(8) Non-existence of provisions for compulsory education;
(9) Illiteracy and ignorance of parents; and
(10) Traditional attitudes.
Of the aforesaid causes, it seems that poverty is the basic reason,
which compels parents of a child, despite their unwillingness, to get it
employed. Otherwise, no parents, specially no mother, would like that a
tender-aged child should toil in a factory in a difficult condition,
instead of it enjoying its childhood at home under the paternal gaze.
ILLITERACY
Illiteracy has many adverse effects in a democracy governed by rule of
law. A free educated citizen could meaningfully exercise his political
rights, discharge social responsibilities satisfactorily and develop a
spirit of tolerance and reform. Therefore, education is compulsory.
Primary education to the children, in particular, to the child from
poor, weaker sections, Dalits and Tribes and minorities is mandatory.
The basic education and employment-oriented vocational education should
be imparted so as to empower the children within these segments of the
society to retrieve them from poverty and, thus, develop basic
abilities, skills and capabilities to live a meaningful life for
economic and social empowerment. Compulsory education, therefore, to
these children is one of the principal means and primary duty of the
State for stability of the democracy, social integration and to
eliminate social tensions.
SUGGESTIONS
(1) While exploitation of the child must be progressively banned, other
simultaneous alternatives to the child should be evolved including
providing education, health care, nutrient food, shelter and other means
of livelihood with self-respect and dignity of person. Immediate ban of
child labour would be both unrealistic and counter-productive. Ban of
employment of children must begin from most hazardous and intolerable
activities like slavery, bonded labour, trafficking, prostitution,
pornography and dangerous forms of labour and the like.
(2) A direction needs to be given that the Govt. of India should convene
a meeting of the Ministers concerned of the respective State Governments
and their Principal Secretaries holding Departments concerned, to evolve
the principles of policies for progressive elimination of employment of
the children below the age of 14 years in all employments governed by
the respective enactments mentioned in this paper along with other
legislative enactments.
(3) Compulsory education to all children either by the industries
themselves or in coordination with it by the State Govt. to the children
employed in the factories, mine or any other industry, organized or
unorganized labour with such timings as is convenient to impart
compulsory education, facilities for secondary, vocational profession
and higher education.
(4) Periodical reports of the progress made in that behalf be submitted
to the government.
CONCLUSION
¢ Various welfare enactments made by Parliament and the appropriate
State Legislatures are only teasing illusions and a promise of unreality
unless they are effectively implemented and make the right to life to
the child driven to labour a reality, meaningful and happy. Article 24
of the Constitution prohibits employment of the child below the age of
14 years in any factory or mine or in any other hazardous employment,
but it is a hard reality that due to poverty the child is driven to be
employed in a factory, mine or hazardous employment.
¢ Pragmatic, realistic and constructive steps and actions are required
to be taken to enable the child belonging to poor, weaker sections,
Dalits and Tribes and minorities, enjoy their childhood and develop
their full blossomed personality - educationally, intellectually and
culturally with a spirit of inquiry, reform and enjoyment of leisure.
¢ Child labour, therefore, must be eradicated through well-planned,
poverty-focused alleviation, development and imposition of trade actions
in employment of the children etc. Total banishment of employment may
drive the children and mass them up into destitution and other
mischievous environment, making them vagrant, hard criminals and prone
to social risks etc.
¢ Despite the above, the stark reality is that in our country, children
are exploited lot. Child labour is a big problem and has remained
intractable, even after 57 years of our having become independent
despite various legislative enactments prohibiting employment of a child
in a number of occupations and avocations.
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