COMBATING CHILD LABOUR IN INDIA - A STUDY WITH SPECIAL REFERENCE TO CONTRIBUTION OF UNITED NATIONS SYSTEM OF ORGANISATIONS BY - SAHIL KUMAR & DR. PRIYANKA GUPTA
Combating child labour in India - a study with special reference to
contribution of United Nations system of organisations
AUTHORED BY
- SAHIL KUMAR & DR.
PRIYANKA GUPTA
Abstract
The
important topic of the research is child labour in India, a widespread issue
that impairs millions of development of children and violates their fundamental
rights. Child labour continues because of ingrained socio-economic variables,
even in the face of major legislative measures like the “Child Labour
(Prohibition and Regulation) Act, 1986”, and other national initiatives aimed
at its abolition. This cycle is largely perpetuated by poverty, illiteracy, as
well as cultural standards. It is made worse by the COVID-19 pandemic, that has
put many families in financial hardship and increased their dependency on child
work to survive. The research is done to examine the various facets of child
labour, investigating its underlying causes and evaluating the efficacy of
current remedies and regulations. It draws attention to the shortcomings in
cooperation and enforcement amongst different stakeholders, such as
communities, NGOs, and government authorities. The research aims to give a
thorough understanding of the obstacles to ending child work and the impact of
socioeconomic issues on the rights of children through qualitative and
quantitative analysis.[1]
This study intends to provide practical solutions for enhancing policy
implementation and creating a setting that supports children's development by
examining the roles of education, awareness, as well as community involvement. The
ultimate goal of the research is to provide stakeholders and policymakers with
useful strategies for preventing child labour and ensuring that all children
have access to a secure upbringing and an education. This essay adds to the
current conversation about child labour by highlighting the necessity of a
concerted effort to safeguard the prospects and rights of India's most
vulnerable children.
1. Introduction
Child
work is still a major problem today, as children are exploited in ways which
are detrimental to their development, wellbeing, and access to school. Children
have helped out with household chores throughout history, learning new skills
and taking on new obligations. Even if helping families in non-exploitative,
developmentally appropriate ways may be helpful, a lot of youngsters nowadays
are compelled to labour in dangerous environments in inadequate settings for
their age. Their rights have been gravely violated by this. Child employment is
characterised as work that causes mental, physical, social, or moral harm to
children, or that robs them of their youth and education. It involves
activities that disrupt learning, causing kids to either finish school early or
must balance learning with long, hard work. While it is more common in nations
with lower socioeconomic status, child labour is also seen in developed
countries. There are an estimated 152 million youngsters working as minors
worldwide, with more boys than girls. Though there has been a fall since 2000,
recent years have seen a marked slowdown in progress. Child labour is an
intricate issue, especially about international supply networks. A report on
forced labour, human trafficking, and child exploitation in supply networks
emphasises how an important portion of child labour takes place in the lower
levels of supply chains, especially in the extraction of raw materials and
agriculture. It can be difficult to spot these situations and take appropriate
action.[2]
The
prevalence of child labour in worldwide supply chains differs by area; larger
percentages are found in Latin America (22%) and Eastern & South-Eastern
Asia (26%), while lower numbers are found[3]
in Central and Southern Asia (12%) as well as sub-Saharan Africa (12%). Child
labour is a particularly serious issue in India. A discrepancy exists between
stated data and legal action: whereas 10.1 million children were employed in
employment in India in 2011, a total of 464 cases were lodged under The “Child Employment
(Prohibition and Regulation) Amendment Act, 2016”. Whereas, the child
employment rate in Nepal, a neighbouring country, is even higher, with one in
three children under the age of 15 being classified as economically active. In
India, efforts to stop child labour have been going on for many years. The
Gurupadswamy Committee was formed by the government in 1979 to research child
labour and offer remedies. The committee advocated a multi-policy solution,
which included outlawing child work in dangerous industries and regulating it
elsewhere, after finding that a lack of education and poverty were major
contributors.[4]
Due
to this, the Child Labour (Prohibition & Regulation) Act got passed in
1986, outlawing child labour in certain dangerous jobs. The Child Labour
(Prohibition & Regulation) Amendment legislation of 2016 reinforced this
law even more by banning the recruitment of minors below age of 14 in all
occupations and prohibiting teenagers (ages 14 to 18) from working in dangerous
jobs. In 1987, the National Policy on Child Labour was created, which prioritises
a progressive and restorative approach. The policy lays forth a legislative
framework for stringent enforcement, project-based initiatives in regions with
high rates of child labour, and an emphasis on developmental initiatives to
raise families' socioeconomic standing. The goals of the National Child Labour
Project (NCLP) programs and state government inspections on a regular basis
include law enforcement and the rehabilitation of impacted children. But since
poverty is still the main factor, strengthening family finances is crucial to
lowering child labour for India.[5]
1.2.
STATEMENT OF THE PROBLEM
In
India, child work is still a major problem that violates the fundamental rights
of a child and impedes growth and education. Millions of children are still
working in dangerous situations, despite laws made to protect them, along with
other governmental initiatives aimed at ending this social evil. It is
difficult to put effective remedies in place because of socioeconomic reasons
that sustain the cycle of child labour, such as poverty, illiteracy, as well as
cultural standards. The COVID-19 pandemic has only made matters worse by
forcing more youngsters into labour and placing more families in financial
hardship. The ineffective implementation of current laws, poor agency
cooperation, and little knowledge of children's rights all contribute to the
extra complexity of the fight against child labour. The objectives of this
study are to determine the underlying reasons of child labour in India,
evaluate the efficacy of the country's present initiatives and policies, and
investigate the obstacles to making meaningful headway in the issue's
eradication.
1.3.
RESEARCH OBJECTIVE
The
main objective of this research paper is to examine the complex problem with
child labour in India as well as offer workable solutions for its elimination.
The study specifically aims to: 1) identify the socio-economic factors such as
poverty and illiteracy that contribute to the persistence of child labour; 2)
assess efficacy of current legislative frameworks and policies such as the
Child Labour (Prohibition and Regulation) Act; 3) investigate the impact of the
COVID-19 pandemic on trends in child labour and access to education; 4)
evaluate the role of various stakeholders such as communities, NGOs, and
government agencies in the fight against child labour; and 5) offer
recommendations for improving policy implementation. By completing these goals, the study hopes to
add to the current conversation around child labour and educate decision-makers
about practical methods for providing a secure and nurturing environment for
kids in India.
2.
HISTORY OF CHILD LABOUR
India
has a long history of using child labour that dates back thousands of years.
Child slavery is mentioned in the third-century B.C. Kautilya's Arthashastra,
particularly in wealthy houses where young slaves often from lesser castes worked
as domestic assistance.[6]
It has been reported that children as young as eight years old worked in
aristocratic houses (Banarjee, 1981). Children were often employed as trainees
by artisans and craftsmen during the Middle Ages, and child labour was crucial
to the success of many ancient crafts like the carpet, cotton, and silk
industries. Regrettably, a large number of youngsters are still employed in
these businesses in many parts of India, wherever this practice is still in
place. Child labour was accepted as a normal aspect of socialisation in rural
civilisations. It was expected of children raised in farming households to make
a contribution to the home economy by carrying out specific chores that matched
their abilities. They were progressively given more difficult duties to do as
they matured, which helped them contribute positively to their communities and
families. These kids' responsibilities were seen as crucial in helping them
acquire the skills required to support the family's livelihood, particularly in
agricultural homes.[7]
Families
in quasifeudal systems frequently worked for landlords. Usually, wages were so
low that all members of the family, even the kids, had to help out to cover the
necessities of the home. In some parts of India, this type of bonded work is
still occasionally used today. Because of their families' unstable financial
situations, children are forced to work, which feeds the cycle of poverty and
dependency. The Industrial Revolution during the 18th century signified a
momentous change in the world history of child employment. It altered the
social and economic structure in England, and these modifications had a
significant impact upon India as well. New ownership forms, technological
breakthroughs, and management strategies that commodified labour were brought
about by the Industrial Revolution. Businesses, particularly those operating
factories and mills, started to value child labour as a cheap employment
source. Initially in England, many children were employed to labour in
factories; subsequently, the practice extended to India.[8]
In
addition, as more adult males moved to industrial areas, there was a greater
need for child labour for agricultural purposes to cover the workers' gaps. Though
it has deeper meanings, the word "child labour" is sometimes used
interchangeably with "working child" or "employed child."
Child labour, in its most basic definition, is any job performed by a child for
financial benefit. The phrase is more commonly employed, nevertheless, within a
social context, when it alludes to unpleasant, unfair, or exploitative working
circumstances. In India, the term "child labour" refers to the
exploitation of children through work that impedes their growth and education. Depending
on the type of job required, different sectors and occupations have varied
minimum ages for employment. Youngsters under the age of 14 frequently labour
in jobs that yield financial benefits in the form of money, goods, or services.
While some of these kids might finish their education while working, many are
compelled to leave school completely to provide their families. Child labour is
still an issue in India despite government attempts and legislative frameworks
to control it. This is due to historical and socioeconomic circumstances.
3.
EVOLUTION OF CHILD LABOUR LAWS
Child
Labour is a serious problem because of ingrained socioeconomic issues that
support the practice. The methods used to stop child labour have changed
throughout time, including international conventions, public interest lawsuits,
and legislative changes. This evolution is a reflection of the nation's
struggle to strike a balance between the need of safeguarding its children
morally and legally, and the realities of the economy.[9]
3.1 Early Lawsuit Initiatives
During
the colonial era, child labour was initially formally addressed in India. The
1938 Employment of Children Act was among the first legislative measures
designed to control child labour. It did not, however, encompass all
enterprises that were considered dangerous, such as those that produced
pyrotechnics, explosives, and matches. The statute lacked sufficient
enforcement measures and made little progress in takling the larger problem in
a variety of industries.
3.2 Gurupadaswamy Committee and the Post-Independence
Child
labour persisted after independence because of the socioeconomic circumstances
of the nation. This Committee on Child Labour was founded during 1979 with the
goal of evaluating the state of affairs and suggesting changes.[10]
It also suggested a single, agreed-upon definition of "child" for the
purposes of labour regulations, which govern children's working hours and
conditions. The committee's most important recommendations were to distinguish
between dangerous and non-hazardous jobs and to forbid child labour in the
former.
Establishing
the foundation for the 1986 CLPRA was the Gurupadaswamy Committee. But even
before it was passed, the Sanat Mehta Committee in 1986 reaffirmed the same suggestions,
highlighting the necessity of legislative changes to address child labour from
all angles.
4. India's Legal Framework Regarding Child Labour
India
has a strong legal system that addresses child labour; it is based on
constitutional provisions that prioritise the safety and well-being of
children. These rules are made to make sure that kids get the protection and
care they require because of their young age. Child’s rights to liberty,
subsistence, and education are recognised by both domestic and international
legal frameworks, which also forbid their employment in dangerous occupations.
Fundamental Rights and Provisions of the Constitution. The State is required
under Article 15[11]
to provide specific measures for children. Due to which, numerous laws are
passed with the goal of enhancing the welfare of children.[12]
The
Supreme Court has interpreted Article 21's[13]
guarantee of the right to life as include the right to education and to live
with dignity. This clause emphasises children's entitlement to a life of
dignity, free from exploitation. Particularly addressing the right to
education, Article 21-A[14]
states that the State should provide all children between the ages of 6 and 14
with free and compulsory education. This right to education is a fundamental
right that is necessary for leading a dignified life, as the Supreme Court has
upheld. Trafficking, begging, as well as forced labour are all forbidden by
Article 23[15],
and breaking this law is illegal. The legal system has acknowledged that child
trafficking for illicit and commercial objectives is a form of trafficking,
which strengthens the need to shield kids from exploitation.
Children
below the age of 14 are expressly forbidden from working in mines, factories,
or other hazardous jobs by Article 24[16].
This was brought to light in the M.C. Mehta v. State of Tamil Nadu[17]
case, in which the Court directed the prosecution to stop child labour and
encourage education for the children who were impacted.
4.2 State Policy Directive Principles (DPSP)
The
DPSP are essential for directing national policy, collaborating with
fundamental rights to guarantee that children's wellbeing is given top
priority. The State is required by Article 39(e)[18]
to safeguard children from economic exploitation and to keep them from being
coerced into inappropriate jobs out of need for money. According to Article 45[19],
the State is required to offer education and care to children till they turn 14
years old. Later on, this article was changed to include Article 21-A, which
established the right to education. The Supreme Court underlined in cases such
Mohini Jain v. State of Karnataka[20]
how crucial it is to transform these clauses into fundamental rights in order
to hasten advancements in child welfare.
4.3 Fundamental Duties
The
primary responsibility of guardians and parents to educate their children is
emphasised in Article 51-A(k)[21].
In order to support children's general development, this provision emphasises
the duty of families to make sure their children receive the education to which
they are entitled.
4.4 The Child Labour (Prohibition and
Regulation) Act, 1986
An
important law in India's campaign against child labour was the CLPRA of 1986.
The statute forbade hiring minors under the age of 14 for a specified list of
dangerous jobs and procedures. Additionally, it set limitations on working
hours and required suitable working conditions for youngsters employed in
non-hazardous sectors.[22]
Nonetheless,
the legislation featured a noteworthy weakness that permitted minors to labour
in businesses owned by their families. Many enterprises used this clause to
cover up child labour as family work in order to avoid being prosecuted, which
led to widespread criticism that it encouraged exploitative behaviour.
Furthermore, the law originally only covered a small number of jobs and
procedures, even if it forbade child labour in some dangerous areas. Between 1986 and 1999, the list of industries
that were outlawed grew between five to thirteen occupations as well as from
eleven to fifty-seven processes. The CLPRA was not well enforced in spite of
these changes. Few cases were brought to court, and even when someone was found
guilty, the punishment was insufficient to stop the offender. Children were
nevertheless working long hours in hazardous situations because the act's
regulatory framework regarding non-hazardous work was ineffectual.
4.4.1 Objectives
and Justification of the Act
The
Act's main goals are to control working conditions for kids in other jobs and
to outlaw the hiring of minors under a specific age for certain dangerous
activities. Although the Act attempts to protect kids from exploitation, it
doesn't have any explicit procedures in place to decide which tasks or
procedures are too young for kids to perform. Furthermore, it leaves a gap in
the protections offered to this vulnerable population by failing to
sufficiently regulate the conditions of working youngsters engaged into
non-hazardous areas. The Act's rules are applicable to a variety of
establishments, with the exception of workshops operated by family members and
institutions that have received government recognition. This exception has
raised questions about potential misuse since it gives employers a way to get
around laws that forbid using underage labour by creating loopholes.
4.4.2 Structure
The
Act of 1986 comprises twenty-six sections separated into four parts. The Act's
stated goal is to restrict child labour in specific industries while overseeing
the working conditions of minors employed in legal professions. The Act, among
other things, forbids the employment of minors under fourteen years of age in
certain professions and procedures. Nevertheless, the Act's purpose is
undermined by the exemption outlined in Section 3 which permits
government-approved facilities and family-run workshops to hire youngsters
without any limitations. Critics contend that this provision has made it easier
for child labour to be exploited in the name of family support.
4.5 Committees Concerning Child Labour
The
government has persistently endeavoured to tackle the problem of child labour,
forming multiple committees throughout history to investigate the scope,
allocation, terms of employment, and other difficulties encountered by minors
engaged in the workforce.
1) The
Whittley Commission's 1930 Royal Commission on Labour in India Report
This Commission sought to compile a large amount of labour-related data
quickly. [23]In
its extensive report, it was mentioned that the 1922 Act had reduced the number
of working children in the mills. Nonetheless, youngsters frequently toiled for
five hours a day without rest, in hazardous settings with inadequate hygiene.
The study emphasised that one of the main causes of child labour is the poverty.
2) The
Labour Investigation Committee's 1946 report
The Labour Investigation Committee was formed to gather information on
pay, employment, housing, and social circumstances of labour in India. Mr. D.V.
Rege serves as the committee's chair. The group looked at factors that could
cause labour instability and looked into solutions, concentrating on housing
and working conditions in factories to make life better for employees.
3)
The National Commission on Labor's
1969 report
The Commission on Labour examined labour conditions & initiatives
for change after being appointed in 1966. Although child labour was decreasing
in organised industries, it was discovered that 8% of workers were under the
age of 15, mostly in agriculture.[24]
The panel pushed for set working hours that allowed for schooling, pointed out
the horrible working conditions in several industries, and underlined that the major
reason for child labour was economic.
4)
1974's National Policy for Children
This Policy was enacted in August 1974 with the intention of offering
children comprehensive care. The government's concerns about child labour were
highlighted by the emphasis on nutrition and health initiatives, alternative
schooling, protection against exploitation and neglect, and free and obligatory
schooling for children up to the age of 14.
5)
Harbans Singh Committee Report, 1977
After looking into child labour in the Tamil Nadu match industry, the
Harbans Singh Committee found that 40–45% of workers were children, with girls
outnumbering boys by a large margin. The committee reported on labour law
infractions and suggested mandatory schooling, longer workdays, higher pay that
is tied to living expenses, and reduced working hours.
6)
Committee on Child Labour Report,
1979
This committee, established in 1979, looked at the circumstances and
causes of child labour[25].
It outlined cases of child labour exploitation across a range of industries,
proposed a uniform legislative framework, and suggested that minors be allowed
to enter the workforce as early as 15 years old. The committee placed a strong
emphasis on including stakeholders in enforcement actions and routinely
evaluating child employment.
7)
The Indian Industries Report on Child
Labour, 1981
This report, which examined child labour in both organised and unorganised
sectors, was produced by the Labour Bureau. It exposed extensive labour law
infractions, with minors being paid pitiful salaries to work in dangerous
situations. The report recommended improved social attitudes regarding child
labour, increased enforcement of labour regulations, and opportunities for
continued education.
8) The
1987 National Labour Policy
Because of financial need, child labour continues in India, making a
complete ban impractical. The government understands that preventing child
labour requires improving the financial circumstances of parents. If these
steps are not taken, the emphasis switches to improving working conditions and
giving impacted children non-formal education.
4.6 Indian
Judiciary on child labour
Through
significant decisions, the judiciary has been instrumental in the advancement
of child rights. The Supreme Court established a basic right under Article 24
in case of M.C. Mehta v. State of Tamil Nadu[26],
whereby it was emphasised that minors under the age of 14 are not employed in
hazardous vocations. The CLPRA was enforced by the Court, which required
employers to make sure that the impacted children received compensation and an
education. The Court also emphasised India's adherence to the UN Convention on
the Child Right, emphasising the necessity of protecting and rehabilitating
marginalised children, including those who are employed as sex workers. The
Supreme Court distinguished between criminal fines as well as social welfare
measures when it affirmed compensation orders for using child labour in Hayath
Khan v. The Deputy Labour Commissioner.[27]
In
addition, the court in the Vishnu Dayal Sarma case emphasised the necessity of
rehabilitation initiatives as well as the pressing need to address missing
children. When taken as a whole, these decisions demonstrate the judiciary's
dedication to ending child labour and defending children's rights, underscoring
the need for social responsibility and government intervention. Historic
rulings such as M.C. Mehta, in which the Supreme Court forbade the employment
of minors in jobs and stressed the necessity of enforcing the Child Labour
(Prohibition and Regulation) Act, demonstrate the judiciary's dedication to
child welfare. It emphasised that underprivileged children including those born
into prostitution deserve respect, safety, and healing. The Delhi High Court,
ordered the National Commission for Protection of Child Rights to develop an
enforcement action plan in the 1986 Act. The Court claimed that the Juvenile
Justice (Care and Protection of Children) Act, 2000 applied in these cases
because it found weaknesses in the Act governing young workers in non-scheduled
occupations. These decisions demonstrate a strong legal framework that
addresses child labour, but as will be covered in later chapters, efforts to
find a lasting solution are necessary due to the issue's continued existence.
5. global initiative against child labour
Given
children's vulnerability, the United Nations along with other international
organisations, such as the ILO and UNICEF, have long recognised the need for
extra protection for them. In the past, people like Robert Owen brought
attention to the worldwide problem of child labour, which grew worse as a
result of industrialisation. Since then, international initiatives and laws
have centred on preventing child exploitation and advancing the social, and
physical development of children.
5.1 The Rights of the Child: A Declaration
of Geneva (1924)
First international treaty addressing child rights was the Geneva Declaration on the Child Right, which was ratified by the League of Nations on November 26, 1924. Created by Eglantyne Jebb and approved by the International Union for the Welfare of Children in 1923, it was dubbed the "World Child Welfare Charter." The statement highlighted children's rights to particular treatment when they are ill, starving, or orphaned, as well as their rights to physical and spiritual growth and protection from exploitation.[28] It reaffirmed that children should always receive aid first in times of need and that social responsibility and career readiness should be emphasised in their upbringing. The Declaration acknowledged that it is everyone's duty to put the welfare of children ahead of all racial, national, and religious considerations. It emphasised the need to protect children's welfare and set the stage for global campaigns for children's rights. 4
First international treaty addressing child rights was the Geneva Declaration on the Child Right, which was ratified by the League of Nations on November 26, 1924. Created by Eglantyne Jebb and approved by the International Union for the Welfare of Children in 1923, it was dubbed the "World Child Welfare Charter." The statement highlighted children's rights to particular treatment when they are ill, starving, or orphaned, as well as their rights to physical and spiritual growth and protection from exploitation.[28] It reaffirmed that children should always receive aid first in times of need and that social responsibility and career readiness should be emphasised in their upbringing. The Declaration acknowledged that it is everyone's duty to put the welfare of children ahead of all racial, national, and religious considerations. It emphasised the need to protect children's welfare and set the stage for global campaigns for children's rights. 4
5.2 United Nations on Child Labor
The
ICJ Statute was a crucial component of the United Nations Charter, signed on
June 26, 1945, established the foundation for international cooperation. The
Universal Declaration of Human Rights was adopted by the UN General Assembly,
recognising that children needed special attention. The United Nations adopted
the enlarged Declaration of the Rights of the Child on November 20, 1959, which
established ten principles and protected rights like protection, health care,
and education[29].
Today is marked as Universal Children's Day. Here is a summary of the
proclamation as well as the ten principles:
5.3 Proclamation
Rights
of child have always been a priority for the United Nations, as seen by the
Universal Declaration of Human Rights, which acknowledges that because of their
physical and mental immaturity, children require special protection and care.
Ten principles, such as the rights to healthcare, education, and protection
from exploitation, were outlined in the 1959 Declaration of the Rights of the
Child, which was accepted by the UN General Assembly. This proclamation cleared
a path for the 1989 Convention, an all-encompassing agreement that prioritised
children's welfare and guaranteed each child their right to life, identity,
education, protection against abuse, along with a say in legal affairs.
Despite
the Convention being accepted by nearly all UN members, there are still issues
in nations like India where child labour is a problem even in the face of legal
safeguards. The continued need for advancements in child care and protection is
shown by this international commitment. Adopted in 1989, the Convention on the
Child Right is the first legally enforceable document that safeguards the
civil, cultural, and social rights of children. Even with international
initiatives, such as India's official endorsement of international standards, a
lot of children in underdeveloped nations continue to suffer issues like child
labour, which necessitate national enforcement.
6.
Contribution of some important United Nations
System of Organizations:
6.1 International Labour Organization (ILO) in Combating Child
Labour
For
many years, the ILO has led the charge in the worldwide campaign to end child
labour. The ILO tackles this complicated problem by taking a multifaceted
approach that prioritises the defence of child rights, the advancement of
social justice, and the improvement of educational opportunities. The ILO is a
specialised organisation of the UN committed to promoting worker rights and
bettering working conditions globally. It was founded in 1919. Its dedication
to ending child work is a reflection of its core conviction that kids should
have the freedom to grow up in a, safe surroundings free from exploitation. The
ILO's creation of international labour standards is one of its major
achievements to the fight against child labour. A defined foundation for the minimum
age of employment is provided by ILO Convention No. 138, which was approved in
1973 and states that children should not be employed in jobs that could
endanger their health, safety, and moral development. It stipulates that a
person must be at least 15 years old to be employed, or 14 years old in
developing nations. For the purpose of shielding children from dangerous
labour, national laws and policies must be based on this convention.[30]
They
also adopted Convention No. 182, which focuses primarily on the worst types of
child labour, in 1999 in addition to Convention No. 138. The worst kinds of
labour are defined under this convention as labour that poses a risk to
children's health, safety, or morality, as well as slavery and human
trafficking. The ILO urges member states to act decisively and demands quick
and effective actions to end these abuses. The ILO gives nations a foundation
to create their own laws and enforcement systems to prevent child labour by
establishing these worldwide standards.
The IPEC, which was introduced in 1992, is a fundamental component of the ILO's strategy. By giving nations money and technical support, IPEC seeks to support the global campaign against child labour. The ILO collaborates with governments, trade unions, employers, and civil society organisations through IPEC to create national action plans that tackle the underlying causes of child labour. These plans frequently involve tactics to increase educational access, strengthen the application of child labour laws, and support low-income families who could be dependent on the earnings of their children.
Another essential component of the ILO's work is research. The group carries out in-depth research on the frequency and kind of child labour, offering insightful information that guides programs and policy choices. The ILO assists stakeholders in understanding the root causes of child labour, including poverty, limited access to education, as well as unstable economies, by spotting patterns and trends in the practice. This research is essential for developing successful interventions and tracking the abolition of child employment. The ILO's approach is centred on collaboration. The organisation works with a range of stakeholders to develop a thorough strategy to address child labour. This covers collaborations with governmental bodies, private enterprises, and non-governmental organisations (NGOs). The ILO hopes to gather information and resources that can improve the efficacy of programs aimed at stopping child labour by encouraging communication and collaboration amongst various groups. To promote ethical business practices, partnerships with the private sector, for example, can result in the creation of responsible supply chains free from child labour.[31]
The
ILO also emphasises how crucial education is in the fight against child labour.
Since the ILO believes that education is essential to ending the cycle of
poverty, it promotes free and open education for all kids. In order to make it
easier for working children to reintegrate into the formal school system, the
ILO's Right to school project supports educational initiatives that are
specifically designed to meet their needs. The ILO assists in giving children
the skills required to gain better employment possibilities in the future by
offering bridge education including vocational training. Assessment and
observation are crucial aspects of the ILO's mission. The organisation
evaluates member governments' efforts to eliminate child labour on a regular
basis and offers assistance and recommendations as needed. Through ensuring
that nations fulfil their obligations, the ILO promotes ongoing advancements in
efforts to end child labour. This monitoring procedure aids in guaranteeing
that resources are distributed properly and that the actions implemented are
effective.
Child
work is still a major global issue, despite the ILO as well as its partners'
notable progress. In many parts of the world, cultural attitudes, economic
instability, and poverty are among the factors that continue to support the
exploitation of children. But the ILO's all-encompassing strategy, which
combines research, international standards, cooperation, and an emphasis on
education, offers a strong framework for dealing with this problem. The
International Labour Organisation is a vital player in the global campaign for
social justice and the defence of children's rights in the fight against child
labour. The ILO works to end child labour and build a world where every child
may enjoy their rights to education, health, as well as a safe childhood, free
from exploitation, through its established conventions, creative initiatives,
and cooperative efforts. Millions of children throughout the world find hope in
the ILO's continued dedication to this cause, which emphasises the value of
group action in resolving one of the most urgent human rights concerns of our
day.
6.2
International Programme on the Elimination of Child Labour (IPEC)
Despite
this Convention being accepted by nearly all UN members, there are still issues
in nations like India where child labour is a problem even in the face of legal
safeguards. The continued need for advancements in child care and protection is
shown by this international commitment. Adopted in 1989, the Convention is the
first legally enforceable document that safeguards the civil, cultural,
economic, including social rights of children. Even with international
initiatives, such as India's official endorsement of international standards, a
lot of children in underdeveloped nations continue to suffer issues like child
labour, which necessitate national enforcement.[32]
Increasing the capacities of NGOs and ILO members, finding successful
interventions, and raising awareness are some strategies. Ensuring complete
representation, monitoring is carried out through a National Steering Committee
in India and a Programme Steering Committee on a global scale.
6.2.1 The
success of the IPEC Programme is as follows:
Organising
Global Events: The battle against child labour was highlighted by a number of
significant worldwide events. Notably, a new statistical standard for child
labour was created at the 18th International Conference of Labour Statisticians
(Geneva, November 2008), improving comparability between countries.
Furthermore, the 3rd World Congress against Sexual Exploitation of Children and
Adolescents (November 2008, Rio de Janeiro) emphasised on link between ending
the worst types of child labour and bolstering international efforts against
commercial sexual exploitation. The UN General Assembly passed a resolution on
children's rights in December 2008, recommending that nations ratify the Worst
Forms of Child Labour Convention (1999) and the ILO's Minimum Age Convention
(1973). A total of of five new ratifications of child labour treaties were
added in 2008, 1 for Convention No. 138 as well as four with Convention No.
182, indicating a significant step towards the universal ratification of
treaties Nos. 138 and 182. With Samoa's adoption, Convention No. 138 now has
151 signatory states, or nearly 80% of ILO member states. Only 13 nations
remain to ratify Convention No. 182, having received 169 ratifications, or more
than 90% of ILO members. IPEC is working with other ILO departments to create
technical advice services that will help the remaining countries ratify these
treaties more easily by addressing the challenges they encounter.[33]
Initiatives
taken in 2008 to combat child labour through IPEC After conducting research and
implementing projects for more than 16 years, IPEC has collected a substantial
body of knowledge that it disseminates to partners, constituents, and the
general public through training workshops, capacity-building initiatives, and
child labour courses offered in association with the International Training
Centre of the ILO. The program has produced a number of resources, such as
monographs on the relationships among child labour, health, and education.
Additionally, new recommendations on child labour survey methodology were
published by IPEC's SIMPOC section. Furthermore, two essential tools on child
trafficking were released, offering practitioners and policymakers fighting
child trafficking for labour exploitation practical advice and insights. Convention
No. 182: June 17, 1999 saw the approval of the Worst Forms of Child Labour
Convention, which is celebrating its tenth anniversary in 2009. Together with
Convention No. 138, this convention has had a major impact on global
legislative and policy frameworks, acting as a cornerstone international
normative benchmark for the abolition of child labour. Convention No. 182,
which has been sanctioned by more than 90% of ILO member states, is now widely
used as a guide for developing national action plans and legislation aimed at
stopping the most severe types of child labour, including child trafficking
including hazardous work. Twenty-one nations were given assistance in 2008 so
they could carry out National Time-Bound Programs in compliance with the
Convention.
6.3
United Nations Children's Fund (UNICEF) and Child Labour
In
tackling the complicated problem of child labour, UNICEF is essential in
promoting rights of child globally and working towards a future in which all
children have the chance to grow up in safety, health, and education. UNICEF
was founded in 1946 with the primary goal of helping children in the immediate
post-World War II aftermath by providing food and medical assistance. Its
current mission has broadened to include a number of child-related concerns,
including as health, education, violence prevention, and the abolition of child
labour.
A
significant global issue is child labour, as millions of young people work in
dangerous jobs that are harmful to their development. UNICEF acknowledges that
child labour is a systematic problem with roots in poverty, inequality, as well
as limited access to high-quality education rather than just a product of
unique situations. UNICEF stresses a comprehensive strategy that addresses the
root causes of child labour while making sure that children get the care and
support they require in order to overcome it. UNICEF's dedication to advancing
education is one of its main efforts in combating child labour. It is
acknowledged that education is a basic human right and an important factor for
ending the cycle of poverty that forces young people into the economy. UNICEF
promotes universal free and compulsory education, highlighting the importance
of a high-quality education for children's growth and prospects in the future.[34]
UNICEF
hopes that by funding educational programs, it will give kids the information
and abilities they need to find better jobs and become less dependent on child
labour. Additionally, UNICEF carries out initiatives that support working
children's reintegration into formal educational systems. UNICEF assists
children in making the transition from employment to school by offering
programs like bridging education as well as vocational training, which provide
them the tools they need to thrive academically and socially. These programs
are especially important for kids who have worked in dangerous jobs since they
have a hard time adjusting to the classroom setting.
UNICEF
strives to improve laws and regulations that shield kids from exploitation in
addition to providing education. It works with governments to create and
implement laws that protect children's rights and forbid child labour. Through
encouraging governments to give the abolition of child employment top priority
on their national agendas, UNICEF's advocacy efforts seek to increase public
awareness of the significance of child protection laws and their
implementation. UNICEF works to safeguard children from hazardous labour and to
guarantee that their rights are respected by creating a favourable legislative
environment. In the fight against child labour, UNICEF acknowledges the need of
community involvement as well. It involves local communities in efforts to
raise awareness and inform families about the detrimental effects that child
employment has on the health and development of children. Through emphasising
the significance of education as well as the possible repercussions of child
work, UNICEF equips communities to make knowledgeable decisions about the
futures of their children. A key element of UNICEF's approach is community
mobilisation, which promotes group action and empowers communities to take
charge of the problem.
In
addition, UNICEF works with other groups and interested parties to address the
complex issues surrounding child labour. UNICEF is better able to address the
issue holistically when it forms partnerships with international organisations,
the commercial sector, and civil society. For instance, UNICEF encourages
businesses to implement policies that forbid child labour in their operations
as well as supply chains by collaborating with them to promote moral labour
standards and accountable supply networks. This cooperative strategy not only
increases the effectiveness of UNICEF's programs but also strengthens public
support for the abolition of child labour.
Research
and data gathering are essential components of UNICEF's efforts to end child
labour. Through comprehensive investigations into the frequency, origins, and
aftermath of child labour, UNICEF produces significant knowledge that guides
the formulation of policies and initiatives. The implementation of an
evidence-based approach guarantees that interventions are efficacious and
tailored to the unique requirements of families and kids impacted by child
employment. In many areas, especially developing nations, child employment is
still a problem despite the tremendous advancements made by UNICEF and its
partners. The issue is made worse by elements like natural catastrophes, armed
conflict, and poverty, which force youngsters into the workforce as families
fight to make ends meet. UNICEF is still in favour of persistent attempts to
deal with these underlying issues, stressing the importance of integrated
strategies that take social protection, health, and education into account.
In
summary, UNICEF is a key player in the battle against child labour, utilising a
multifaceted approach that includes community involvement, legal advocacy,
education, and cooperative partnerships. UNICEF works to prevent child labour
and promote children's rights so that all children can grow up in a world free
from exploitation along with the opportunity to realise their full potential.
UNICEF provides hope to millions of children worldwide via its unwavering
dedication and creative initiatives, reaffirming the idea that a better future
is achievable when we come together to protect children's rights.
6.3.1 UNICEF’s
Initiatives in India to Combat Child Labour
In
India, UNICEF has carried out a number of programs to advance children's
rights. Given the widespread prevalence of child labour in the nation, UNICEF
concentrates on addressing the structural problems that force families to turn
to child labour in order to survive as well as the urgent needs of the impacted
children. The promotion of education, which UNICEF recognises as a vital
instrument for ending the cycle of poverty that feeds child labour, is one of
the main programs. UNICEF strives on making sure that children whose are at
risk of or presently involved in child labour have a chance to learn and
acquire critical skills over their future through programs that make access to
high-quality education easier.[35]
In
order to assist the implementation of the Right to Education Act, which needs
free and compulsory education for children aged 6 to 14, UNICEF works with the
Government of India. In order to help local authorities create schools, educate
teachers, and make sure that underprivileged people are aware of their rights
to education, the organisation offers technical aid[36].
UNICEF helps to reintegrate children who have been working in formal school
systems by advocating for inclusive education. This is generally accomplished
through alternative education programs that are tailored to the individual
needs of the children. UNICEF concentrates on awareness initiatives that inform
communities about the detrimental impacts of child labour in addition to
education. These initiatives seek to alter public perceptions and emphasise how
crucial education is for young people. UNICEF promotes families to put their
children's education ahead of work and builds a community commitment to ending
child labour by involving parents, local leaders, and organisations.
UNICEF
also stresses the value of research and data gathering in comprehending the dynamic
forces of child labour. UNICEF collects data on the incidence of child labour,
the kinds of work that children are doing, and the socioeconomic factors which
contribute to the problem through surveys and studies. Policy suggestions and
targeted interventions that address the underlying causes of child labour are
shaped by this evidence-based approach. Within the framework of rehabilitation,
UNICEF has set up initiatives to offer assistance to kids who have been freed
from abusive labour situations. To aid with the reintegration of these kids
into society, these programs offer educational options, psychosocial support,
and vocational training. UNICEF makes sure that these kids may have a better
future and stay out of cycles of exploitation by putting a strong emphasis on
rehabilitation. In addition, UNICEF works with a range of partners, such as
international organisations, government agencies, and NGOs, to advance a
comprehensive response to child labour. Through the exchange of best practices,
capacity building, and resource mobilisation made possible by these
collaborations, child protection measures can be implemented more successfully.
Initiatives
from UNICEF also focus on tackling the socioeconomic issues that lead families
to use child employment. UNICEF seeks to lessen the financial pressures that
result in child labour by supporting family welfare initiatives that enhance
economic circumstances, such as activities that generate revenue for parents.
This all-encompassing strategy understands that combating child labour
necessitates long-term plans to pull families out of poverty in addition to
quick treatments for the children. In order to defend children's rights, the
organisation has also advocated for stricter legislative frameworks and
enforcement procedures in India. UNICEF advocates for the establishment of new rules
that fill fortification gaps and the effective enforcement of current laws that
forbid child labour by collaborating closely with legislators.
UNICEF's
efforts to end child labour in India are diverse and based on a dedication to
the rights of children. UNICEF works to create an environment where children
may thrive free from exploitation through a combination of educational
assistance, community awareness, data-driven advocacy, rehabilitation programs,
as well as socio-economic initiatives. UNICEF aims to guarantee that every
child in India has the opportunity to fulfil their potential and have a happy
childhood by tackling the fundamental causes of child labour including
strengthening families.
7. Data analysis related to child labour
The information provided below
presents the demographic details concerning the distribution and composition of
our selected sample of child workers involved in the slate industry,
categorized by sex and age group.
|
S No.
|
Age Group
|
Sex of the
Respondents (Number to Total Population)
|
Total
|
|
|
|
|
Male
|
Female
|
|
|
1
|
5-8
|
30 (6.66)
|
39 (8.67)
|
69 (15.33)
|
|
2
|
9-12
|
81 (18)
|
99 (22)
|
180 (40)
|
|
3
|
13-14
|
89 (19.78)
|
112 (24.89)
|
201 (44.67)
|
|
TOTAL
|
=
|
200 (44.44)
|
250 (55.56)
|
450 (100)
|
The table illustrates the
distribution of 450 child respondents by age and gender. Among the respondents,
44.44% are male and 55.56% are female. The majority, 44.67%, are aged 13-14,
while 40% are aged 9-12, and 15.33% are in the 5-8 age group. The data
highlights a higher participation of girls in child labor, particularly in the
older age groups compared to boys.[37]
The
distribution of child respondents according to their social community, shown
below:
|
S. No
|
Social
Community
|
SEX
|
TOTAL
|
|
|
MALE
|
FEMALE
|
|||
|
1
|
OC
|
35 (7.77)
|
39 (8.67)
|
74
(16.44)
|
|
2
|
BC
|
81 (18)
|
98 (21.78)
|
179 (39.78)
|
|
3
|
SC
|
84 (25.11)
|
113 (18.67)
|
197 (43.78)
|
|
Total
|
|
200 (44.44)
|
250 (55.56)
|
450 (100)
|
The
table shows the distribution of 450 child respondents by social community and
gender. Of the total, 44.44% are male and 55.56% are female. The SC category
constitutes the largest group, making up 43.78%, followed by BC with 39.78%,
and OC at 16.44%. Female participation is higher across all categories, with
the SC group showing the largest number of respondents overall.
Given
below are diagrammatic representations of Child Labor
The
graph represents the Child workers in different sectors. The graph represents
Child Labour in the different work forces.
This
graph represents the number of child labour or workers in different regions
across the world
8.
Challenges in Eradicating Child Labour in India
Even
with a number of laws and initiatives, ending child labour in India is still a
difficult task. One of the main challenges is the ingrained socioeconomic
framework that supports child labour. Due to the fact that many families rely
on the extra money their children bring in, poverty is a major contributing
factor. It is challenging to keep an eye on child employment practices in rural
areas since children are frequently employed in the unregulated and unregulated
sectors of agriculture and the informal economy. In addition, the issue is made
worse by illiteracy and ignorance about children's rights.[38].
Cultural
customs and standards also come into play; in some communities, child labour is
accepted as the standard, especially in certain industries like mining or
handicrafts. Furthermore, a lack of cooperation amongst government entities,
corruption, and insufficient funding contribute to the lax enforcement of
current legislation. When conducting raids or inspections in the unofficial
sectors, where child labour is most common, inspectors frequently encounter
difficulties. Furthermore, the COVID-19 pandemic has made matters worse by
driving more families into poverty and increasing the number of youngsters
working outside the home as they are taken out of school to support their
families.
9. Recommendations
There
are various ideas that can be put into practice to effectively combat child
labour. To begin with, a thorough awareness campaign regarding the negative
impacts of child work and the value of education should be started in order to
inform communities about these issues. Furthermore, it is critical to improve
families' financial support through focused social protection initiatives. One
way to encourage families to retain their children in school instead of putting
them to work is through conditional financial transfers. Increasing the number
of inspectors, giving them proper training, and guaranteeing severe punishments
for infractions are all important ways to strengthen the enforcement of current
legislation.[39]
Furthermore,
cooperation between different ministries like those of labour, education, and
rural development can aid in the creation of a more comprehensive strategy to
address child labour. Instead of using child labour, vocational training
programs can give older children the skills and opportunity they need to find
better jobs. Last but not least, in order to address this issue locally, NGOs
and civil society should be given the authority to actively monitor and report
child labour activities. By putting these suggestions into practice, child
labour can be completely eliminated in India, giving all children a more secure
and equal environment.
10. Conclusion
In
India, child labour is still a serious problem that is closely linked to
socioeconomic issues including poverty, illiteracy, along with cultural
standards. Many children still lack access to their basic rights, even in the
face of the Child Labour (Prohibition and Regulation) Act, 1986, which provided
a statutory framework, and other governmental measures meant to discourse such
problem. The paper has brought attention to the critical need for an
all-encompassing strategy that targets the underlying socioeconomic issues that
force families to depend on their children for cash in addition to the legal
aspects of child labour.[40]
Improving
cooperation between governmental, non-governmental, and community organisations
is crucial for combating child labour. A more encouraging atmosphere for kids
can be produced through programs that emphasise economic rehabilitation,
awareness-raising, and education for families. Furthermore, the fight against
child labour can be strengthened by utilising the advantages of institutions
like UNICEF and the ILO. Stakeholders can strive towards a future where each
child has the chance to live a safe, healthy, and meaningful childhood by
putting the study's recommendations into practice. This will eventually lead to
a more equal society.
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August, 2024 <
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[3] Max Roser, ‘Child
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[4] ‘About Child
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[5] ‘Child
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[6] Sarah N. Cleghorn, ‘History
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[7] Staff
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[12] Anushri
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[23] John, ‘Report of the Royal Commission on
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[24] Baljit ‘Report of the National Commission
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[25] Bhashyam ‘Report of the Committee
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[28] Milton,
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assessed at 23rd September
[29] Henery,
‘Chil Labor’ (2024), UNICEFF Data for every child, < https://data.unicef.org/topic/child-protection/child-labour/>
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[30] ‘International
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[32] ‘IPEC’,
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[34] ‘What is
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[35] Aseil Alshehail
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assessed at 25th September
[36] K.G. Santhya, ‘Educational
strategies that can reduce child labour in India: A literature review’ (2024) UNICEF for every child < https://www.unicef.org/innocenti/media/8391/file/UNICEF-Innocenti-Education-Child-Labour-India-2024.pdf.pdf> 25th September 2024
[37] Max, ‘Child
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[38] Orchie Bandyopadhyay, ‘Child
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[39] Lorena Roque, ‘Federal
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