The issue of child labour is not a recent issue but a universal problem that prevailed during all periods. As United Nations declared 1979 as the International Year of the Child, the magnanimous exposition of this problem escalated in varied dimensions. Since then, there has been an increasing emphasis regarding the needs and rights of these children. For the first time in 1985, the menace of child labour attracted public attention and widened the debate in India.
The ‘Child’ and the ‘Labour’ are two terms having different meanings that may vary across contexts making the definition of child labour complicated. Again, children engage in different kinds of works under divergent conditions, and all the works done by them cannot be tarred with the same brush. Some work such as helping parents with the household chores, assisting in the family business, doing some work for pocket money, and so on are beneficial for the children as they contribute towards their development and prepare them for the future. The International Labour Organisation (ILO) calls it ‘Positive Work’. However, some works are destructive and exploitative for children. Therefore, all kinds of work done by children are no child labour. Some even argue that child labour and child work are different. While child labour exploits, Child Work helps children develop new life skills.
Any work done by children that is unsafe or detrimental to their physical and mental development is considered child labour. It robs children of their childhood, their potential, and their dignity while interfering with their capacity and engagement in school by forcing them to leave early.
Given the intensity of the problem, the first protective legislation for child labour was enacted in colonial India in 1881. Since then, many legislations enacted through the Mines Act and the Child Labour (Prohibition and Regulation) Act, 1986. The Government also provides constitutional safeguards through fundamental rights and Directive Principles of State Policy (DPSP) to limit the employment of children. Furthermore, international organizations like the ILO, UNCRC, UNICEF, and World Bank have also made considerable efforts to regulate the problem of child labour, yet it continues to persist.
Obtaining actual figures on the employment of children is very difficult because of their engagement in illegal activities under domestic laws and violate labour standards. Nevertheless, The International Labour Organization estimates that 246 million children between the ages of 5 and 17 currently work under conditions considered illegal, hazardous, or extremely exploitative. As per census 2011, India is home to a staggering 10.1 million child labour.
In the unorganized sector such as the glass industry of Firozabad, the brassware industry of Moradabad, pottery making in Khurja, gem polishing in Jaipur, and lock making in Aligarh, the participation of children is more. Apart from these industries, there are also shreds of evidence of employment of children in beedi making and brick kiln industries of tribal Odisha, diamond industry of Surat, carpet industries of Uttar Pradesh, and so on. Children in these industries engage in work that is unsafe and unhealthy.
Apart from the health hazards, they are also easy victims of physical violence, sexual abuse, and child trafficking. Child Labour is enforced due to the depreciating socio-economic conditions of a family, the education of parents, existing social norms, lack of employment opportunities for adults, migration, and emergencies.
The Child Labour Amendment (Prohibition and Regulation) Act, 2016, is the law in India that addresses child labour. This law governs child employment and prohibits children under 14 from working in any capacity other than a child artist or a family company. The law also enables us to comply with the International Labour Organization’s (ILO) Convention No. 182 prohibiting hazardous labour that endangers the physical, mental, or moral health of children. It strives to eliminate the worst types of child labour for children under the age of 18. According to Article 21(A) of the Constitution of India, all children from the age of 6 to 14 must attend school for free and compulsory education. Article 24 also expressly forbids the employment of children under the age of fourteen in hazardous factories that could cause them physical and mental harm in the long run. Article 51 of the Constitution, part of the Directive Principles of State Policy, holds that every citizen, including parents and guardians of children, has the fundamental duty to provide children with opportunities for education from the age of 6 to 14 years. The State, under Article 45 of the Constitution, also must provide free and compulsory education for all children until they complete the age of fourteen years.
Under the child labour laws in India, children below 14 years and adolescents between the age of 14 and 18 are prohibited from working in any hazardous occupations and processes but allowed to work in non-hazardous occupations or a family business, or as an artist. Hence, to ban child labour, the Government provides approval for the employment of children in the unorganized sectors. The act says children can be employed in family occupations, TV serials, films, advertisements, and sports activities (except circus) as far as it does not hamper their education. However, in many families, children help their parents in their occupations like agriculture, artisanship, etc. While helping the parents, children also learn the basics of occupations. Though the act argues that it tries to create a balance between the need for education and the reality of socio-economic condition, but the employment of children in the family enterprises seems to go against the very idea of ‘Equality of Opportunity’ proposed by RTE, as while some children can enjoy their vacation and playtime some children must work. This also confirms that- the socio-economic condition of the family will decide the destiny of the children.
Ms. Barsa Priyadarsinee Sahoo
Assistant Professor
Alliance School of Law