Child Trafficking: The Antisocial Effect Of The Pandemic By - Deeptayan Ghosh
Child
Trafficking: The Antisocial Effect Of The Pandemic
Authored By - Deeptayan Ghosh
Christ (Deemed To Be University), Bengaluru, Central Campus
Abstract
Human trafficking is among the most
threatening issues that many nations across the globe confront and the
magnitude of trafficking is substantially great. Since 2003, the United Nations
Office on Drugs and Crime (UNODC) has been collecting statistics on human
trafficking victims. According to UNODC data, human trafficking happens in
practically every area of the world. Countries can be the origin, transit or
destination for the victims, or even a combination of all. The information
gathered only pertains to victims who established contact with the authorities
and it does not indicate the true incidence of the crime or the concealed
number of victims. According to figures compiled for the 2020 Global Report on
Trafficking in Persons, 148 countries investigated and reported around 50,000
human trafficking victims in 2018. The international human rights movement was
strengthened when the United Nations General Assembly adopted the Universal
Declaration of Human Rights (UDHR) on 10 December 1948. The Universal
Declaration of Human Rights, along with the International Covenant on Civil and
Political Rights, 1966 and its two Optional Protocols, and the International
Covenant on Economic, Social, and Cultural Rights, 1966 comprise the so-called
International Bill of Human Rights. ILO Convention No. 182 (1999) on the Worst
Forms of Child Labour (WFCL) classifies trafficking among “forms of slavery or
practices similar to slavery” and thereby a WFCL to be eliminated as a matter
of urgency, irrespective of the country’s level of development. The convention
came into effect in India on June 13, 2017. Human Trafficking is considered as
the second largest organised crime in India. It is still a major issue in
India, despite the fact that it is prohibited under Article 23 (1) of the
Indian Constitution. Immoral Traffic (Prevention) Act, 1956. In accordance with
the National Crime Records Bureau (NCRB), roughly 4709 victims from 28 states
and 8 union territories were trafficked in 2020. In this research article we
would be discussing about child trafficking. The solution to the issue of child
trafficking in India and their protection from different forms of exploitation
as well as brutal and degrading treatment is education, as well as the
implementation and execution of various laws and conventions.
Keywords : Trafficking, Magnitude, Victims,
Child Labour, Slavery
Introduction
“The child is a soul with a being, a
nature and capacities of its own, who must be helped to find them, to grow into
their maturity, into a fullness of physical and vital energy and the utmost
breadth, depth and height of its emotional, intellectual and spiritual being;
otherwise, there cannot be a healthy growth of the nation.” - P N Bhagwati,
Former CJI.
Children are humanity's greatest
gift, and childhood is a crucial and vulnerable stage of human development
since it holds the potential for every society's future growth. Children who
are raised in an atmosphere that promotes their mental, physical, and social
well-being mature into responsible and productive members of society. Every
country's future is inextricably linked to the current state of its youngsters.
According to the International Labour
Organization (ILO) Child trafficking is about taking children out of their protective
environment and preying on their vulnerability for the purpose of exploitation.
Although no precise figures exist, the ILO (in 2005) estimated that 980,000 to
1,225,000 children – both boys and girls – are forced in labour situation as a
result of trafficking[1].
Human
Trafficking
“Human trafficking is
a global crime that trades in people and exploits them for profit. People of
all genders, ages and backgrounds can become victims of this crime, which
occurs in every region of the world. Traffickers use violence, fraudulent
employment agencies, and fake promises of education and job opportunities to
trick, coerce and deceive their victims. The organized networks or individuals
behind this lucrative crime take advantage of people who are vulnerable, desperate
or simply seeking a better life. Human trafficking is defined in the UN Trafficking in
Persons Protocol [2], which supplements the United Nations
Convention against Transnational Organized Crime [3], as the recruitment, transport, transfer, harbouring
or receipt of a person by such means as threat or use of force or other forms
of coercion, abduction, fraud or deception for the purpose of exploitation.” [4]
Human
Trafficking is carried out in various forms. According to the Interpol there
are mainly six types of human trafficking –
a)
Trafficking for Forced Criminal Activities – In this form of trafficking
the criminal networks reap the profits of illicit activities that the victims
are forced to carry out. These activities include theft, forced begging, drug
cultivation, or selling counterfeit goods. The victims are usually given a
target to fulfil and if they fail to reach the desired target then they are
punished severely.
b)
Trafficking in Women for Sexual Exploitation – This form of trafficking is prevalent
in all regions of the world, either as a source, transit or destination
country. Women and children from the developing countries and from the
vulnerable regions of the developed countries are lured away by promises of
decent employment into leaving their homes and travelling to what they consider
will be a better life. Victims are provided with false travel documents and an
organized system is used to transport them to the destination country, where
they are forced into sexual exploitation and they are held in inhumane
conditions.
c)
People Smuggling – People smuggling is closely related to human trafficking, since many
migrants may be forced to work along their voyage. Smugglers may force migrants
to labour in terrible conditions in order to pay for their illegal border
crossing.
d) Child Trafficking – “Child trafficking is
about taking children out of their protective environment and preying on their
vulnerability for the purpose of exploitation.” [5]
Vulnerability
Vulnerability has been defined by the
United Nations as “a condition resulting from how individuals negatively
experience the complex interaction of social, cultural, economic, political and
environmental factors that create the context for their communities” [6].
People who are vulnerable and hence easy to exploit are targeted by
traffickers. The following are the primary social and personal variables that
lead or contribute to persons being vulnerable to trafficking:
a) Poverty – Poverty breeds hopelessness.
Traffickers specifically target poor and marginalized. Traffickers deliberately
target poor and underprivileged groups, offering vulnerable people false
opportunity to improve their situation. These individuals are more prone to
take on higher risks in order to provide for both themselves and their
families. Indigenous peoples are frequently marginalised in many nations,
making them vulnerable to recruitment by human traffickers.
b) Gender Inequality - Gender inequality refers to the gap
in opportunity between men and women depending on gender. Women are often
regarded as inferior to males in many societies. They are rewarded less for
equal labour, have less rights, less healthcare access, education, and
property, and are supposed to be subordinate to males, making them prone to
trafficking.
c) Addictions - To maintain control over the
trafficked victim, traffickers employ drug dependency and addiction. Some drug
traffickers offer narcotics to vulnerable people on purpose in order to weaken
their resistance and push them into indentured servitude or prostitution. When
a trafficked individual develops addiction to a specific substance, the
trafficker exploits that vulnerability to keep them trapped in the cycle of
abuse.
Magnitude of Child Trafficking during
the Pandemic
Among the consequences of COVID-19 in
our society, the most vulnerable individuals, particularly children, are at
risk of being victims of human trafficking, abuse, and exploitation.
On March 24, 2020, the government-imposed
lockdown for India's 1.3 billion people. According to the Centre for
Monitoring Indian Economy, nearly 122 million individuals in India lost their
employment as of 12th May, 2020. Around 75% of them were small
business owners and day labourers. When families are financially insecure,
children are more vulnerable. Due to the novel coronavirus
(COVID-19) illness, over 400 million individuals in India's informal
sector are at risk of sinking further into poverty. Economic hardship has
rendered girls and young women from marginalised groups more susceptible,
particularly children from rural areas in impoverished states such as Jharkhand
and Bihar.
During lockdown in India, over the
course of 11 days, 92,000 cases of child abuse in the family and in the communities
were reported to government helpline. According to data compiled by Bachpan
Bachao Andolan (BBA), a non-profit organisation founded by Nobel laureate
Kailash Satyarthi, about 9,000 children were saved from being trafficked for
labour between April 2020 and June 2021, when the Covid-19 epidemic devastated
the country. Uttar Pradesh had the most children rescued (3,183), followed by
Telangana (2,805), Andhra Pradesh (593), Rajasthan (430), and Gujarat (333) [7].
Child rights organizations, as well as
the Union Home Ministry, had warned of a rise in child trafficking once the
country emerged from its nationwide lockdown in the summer of 2020. The Bachpan
Bachao Andolan then stated that there would be an increased demand for child
labour since factory owners would attempt to compensate their financial losses
by hiring inexpensive labour.
According to a quick analysis by the
non-profit Child Rights and You (CRY), the 2021 National Crime Records
Bureau (NCRB) data found 149,404 offences against children. In India, there
were 17 crimes against children committed per hour, for a total of 409 offences
every day. In comparison to 2020, there has been an alarming increase in crimes
against children. According to NCRB data, 128,531 instances were reported in 2020.
In 2021, the number saw a 16.2 per cent increase [8].
Child rights organisations have
reported a significant increase in the number of children who have gone missing
in the previous two years as a result of the societal impact of the Covid-19
epidemic. According to the National Crime Records Bureau (NCRB), 59,262
children went missing in India in 2020. With 48,972 children still
unaccounted for from previous years, the total number of missing children has
risen to 1,08,234. Even the four-month Covid-19 lockdown in 2020 could not
prevent children from going missing, with 59,262 children reported missing.
According to the NCRB data, the proportion of missing female children has risen
from over 70% in 2018 to 71% in 2019 and 77% in 2020. [9]
Child Trafficking
and The Legal Scenario
International
Conventions
International conventions have made
an effort to establish a universal legal system to address child labour. The UN
Convention on the Rights of the Child (CRC) (1989)[10],
which addresses both child labour and the right to education, as well as two
ILO conventions the Minimum Age Convention (No. 138, 1973)[11]
and the Worst Forms of Child Labour Convention (No. 182, 1999)[12]—are
the main international legal instruments for addressing this. Although the UN's
Universal Declaration of Human Rights of 1948 and the International
Covenant on Economic, Social, and Cultural Rights both include the right to
education, the CRC and ILO are the two most important international documents
that deal with children's rights.
UN
Convention on Transnational Organised
Crime
(UNCTOC)
In May 2011 India signed the United
Nations Convention on Transnational Organized Crime (UNCTOC), which includes a
Protocol on the Prevention, Suppression, and Punishment of Human Trafficking, notably
of Women and Children. Various efforts have been made to implement the
convention, and as per Protocol, The Criminal Law Amendment Act, 2013, has been
implemented, which expressly defines human trafficking. The Criminal Law
Amendment Act, 2013 was enacted in response to the Nirbhaya case, in which a
female student was gang-raped in December 2012. Several provisions of the
Indian Penal Code, Indian Evidence Act, and Criminal Procedure Code were
changed by this Act.
SAARC
Convention
The SAARC Convention on Preventing
and Combating Trafficking of Women and Children for Prostitution has been
ratified by India. To carry out the SAARC Convention, a Regional Task Force was
formed. Since then, the Regional Task Force has met five times.
Bilateral
Mechanism
A Task Force of India and Bangladesh
was formed to deal with cross-border trafficking and to handle different issues
connected to trafficking prevention, victim identification and repatriation,
and to make the procedure faster and more victim-friendly between India and
Bangladesh. There have been five Task Force meetings between India and
Bangladesh so far. The fifth summit took place in Dhaka, Bangladesh, on August
17 and 18, 2015.
UN
Convention on the Rights of the Child (CRC)
The CRC is a human rights agreement
that fully outlines children's rights. Unless specifically stated in national
law, a child is defined under the CRC as anybody who is younger than the age of
18. The Convention establishes in international law that States and Parties
must make sure that all children - without any form of discrimination - receive
special protection measures and assistance, have access to services like
education and health care, can fully develop their personalities, abilities,
and talents, grow up in a home filled with happiness, love, and understanding,
and are informed about and take part in achieving their rights in an
environment that is free from fear and violence.
ILO Minimum
Age Convention (No. 138, 1973)
The ILO Minimum Age Convention No.
138 defines 15 as the minimum age for employment, but 14 may be permitted in
particular circumstances for a limited time. Underage employment is prohibited
because it puts young people's health, safety, or morality at risk. However,
minors between the age of 13 and 15 are permitted to work short hours that
don't interfere with their studies or their health.
ILO Worst
Forms of Child Labour Convention (No. 182, 1999)
The Worst Forms of Child Labour
Convention No. 182 of the International Labour Organization (ILO) mandates that
nations that ratify it, take immediate action to outlaw and eradicate the worst
types of child labour, which include all forms of slavery, commercial sexual
exploitation of children, and any work that is by its very nature detrimental
to children's health, safety, or morals.
Child
Trafficking Prevention Laws in India
Trafficking in Human Beings or
Persons is prohibited under the Constitution of India under Article 23 (1).
Apart from specific Sections in the IPC, such as Sections 372 and 373, there
are other specific legislations enacted relating to trafficking in women and
children, such as the Prohibition of Child Marriage Act, 2006, Bonded Labour
System (Abolition) Act, 1976, Child Labour (Prohibition and Regulation) Act,
1986, The Immoral Traffic (Prevention) Act, 1956 (ITPA), Criminal Law
(Amendment) Act (2013), Protection of Children from Sexual Offence (POCSO) Act
(2012), The Factories Act (1948), The Mines Act (1952), The Juvenile Justice (Care and Protection) of
Children Act (2000), The Right of Children to Free and Compulsory Education Act
(2009), The Apprentices Act (1961), The Plantations Labour Act (1951) and
Transplantation of Human Organs Act, 1994. State Governments have also enacted
specific legislations to deal with the issue. (e.g., The Punjab Prevention of
Human Smuggling Act, 2012)
The Constitution of India, 1950 under
Article 21(A) mandates free and compulsory education for all children in the
age group 6–14 years. Article 24 also specifically prohibits the employment of
children below the age of 14 years in dangerous factories which may cause them
physical as well as long-term mental harm. Every person, including the parent
or guardian of children, has a fundamental duty under Article 51 of the
Constitution – a part of the Directive Principles of State Policy – to provide
opportunities for education for his or her child between the ages of 6–14
years.
The Government organized the first
committee (named the Gurupadaswamy Committee) in 1979 to explore the issue of
child labour and provide solutions. Based on the committee's recommendations,
the Child Labour Prohibition and Regulation Act was passed in 1986.
In 2016, there was a new amendment
known as the Child Labour (Prohibition and Regulation) Amendment Act, which for
the first time established the notion of adolescent labour for minors aged 14
to 18 years. The purpose of this new Act was to address the shortcomings of the
previous Act of 1986.
Role of
NGOs in combating child trafficking
In India, thousands of youngster’s
labour in industries such as beedi-rolling, brick kilns, carpet weaving,
commercial sexual exploitation, construction, fireworks and matches
manufacturers, hotels, hybrid cottonseed manufacturing, leather, mining,
quarries, silk, synthetic diamonds, and so on. This also leads to child
trafficking, which receives tacit legitimacy when demand exists in the retail,
hotel, and menial labour sectors.
NGOs have launched complex
campaigns such as 'action/2015' and 'Every Last Child' to raise awareness of
child rights in India. The message of hope was transmitted by children in the
action/2015 campaign, with over 4 lakhs sending postcards and 16 lakhs acting
online to press the government for a better India.
These organizations work directly with disadvantaged populations,
emphasizing the necessity of keeping children out of any sort of labour.
Along with a long-term dialogue with
vulnerable communities, NGOs have reached out to state and national governments
to address child trafficking, including collaboration with police departments
in states with high rates of child trafficking, such as Punjab, Delhi, Bihar,
J&K, Jharkhand, West Bengal, and Assam.
Disruptions in schooling and a lack
of parental care create an atmosphere in which child trafficking and subsequent
enrolment in labour become common, implying that NGO intervention is essential.
Children from India's urban poor who are deprived of an education are
frequently caught in drug misuse or become victims of abuse and exploitation.
Judicial
Response to child trafficking
The judiciary has played a critical
role in safeguarding the constitution, as well as in enforcing child rights.
There have been numerous significant examples in which the judiciary has taken
a proactive role in combating child trafficking and forced labour. Some of the
notable decisions include the following:
Bandhua
Mukti Morcha v. Union of India & Ors. [13]
Facts: This public interest litigation (PIL)
was filed directly before the Supreme Court of India under Article 32 of the
Indian Constitution, petitioning the Court to require the State of Uttar
Pradesh (UP) to take efforts to stop child labour. Following that, a
Court-appointed commission highlighted the magnitude of child exploitation in
UP's carpet business, discovering that many children were abducted from Bihar
and that the sector predominantly employed young children under the age of 14,
many of whom were subjected to physical abuse.
Judgement: The Court addressed the significance
of maintaining children's right to education, health, and development in
guaranteeing India's progress as a democracy in its decision. While
acknowledging that child labour could not be prohibited immediately owing to economic
necessity, the Court determined that realistic efforts might be implemented to
safeguard and promote the rights of children in the poverty-stricken and
vulnerable populations of Indian society.
The Court cited various fundamental
rights and directive principles of the Indian Constitution to support its
conclusion, including, Article 21 (the right to life and personal liberty),
Article 24 (prohibits employment of children younger than 14 in factories,
mines, or other hazardous industries), Article 39 (e) (prohibits forcing
citizens into vocations unsuited for their age or strength), Article 39(f)
(describes the State’s duties to protect children from exploitation and to
ensure children the opportunities and facilities to develop in a healthy manner),
and Article 45 (mandates the State to provide free compulsory education for all
children below 14 years).
Conclusion:
This lawsuit was
effective in raising awareness about the issue of child labour and in
establishing it firmly on the government's agenda. Law and politics are moving
toward the official elimination of child labour, and many measures,
particularly in the field of education, are being attempted to eradicate child
labour. One result has been a reduction in the use of child labour in the carpet
business.
Gaurav Jain
v. Union of India [14]
Facts: The Petitioner, a lawyer, filed a
Public Interest Litigation (PIL) at the Supreme Court of India in this case. He
had filed the petition after reading an article “A Red-Light Trap: Society
gives no chance to prostitutes’ offspring” published on July 11, 1988, in a
magazine named ‘India Today’. He had prayed in the petition for the issuance of
an appropriate writ directing the establishment of distinct educational
facilities for the children of prostitutes up to the age of sixteen in order to
keep them from becoming involved in the depraved and unethical way of life.
Judgement: After hearing all of the State
Governments and Union Territories, who were then represented by their
respective standing counsel, the Court concluded that "segregating
children of prostitutes by locating separate schools and providing separate
hostels" would be detrimental to the children and society at large.
According to the Court, kids "should be separated from their mothers and
permitted to socialize with others and become a member of society."
Accepting the Bar's advice and
dismissing the petitioner's modest request, the Court ruled that "children
of prostitutes should be permitted to escape inferno and the terrible
surroundings of prostitute houses." This was felt most strongly in the
case of young girls, whose bodies and minds are more prone to be mistreated as
they get older for being welcomed into their moms' profession.
The Court rejected the request for
separate hostels for children of prostitutes, it did believe that
"accommodation in hostels and other reformatory homes should be adequately
available to help segregate these children from their mothers living in
prostitute homes as soon as they are identified."
Conclusion:
Rather than
dismissing the writ petition with a set of directions, the Court constituted a
committee and directed it to provide a report with suggestions for appropriate
action. It was a progressive move that sowed the seeds of a better, more
liberal society that would fight for children's rights.
M.C. Mehta
v. State of Tamil Nadu [15]
Facts: M.C. Mehta was worried about the
high percentage of child labour in the match factories of Sivakasi in Tamil
Nadu's Kamaraj District. He said that such work was dangerous and unlawful. He
filed a writ petition under Article 32 of the Constitution after feeling
offended. The Respondent Government did not dispute the reality of child
labour, but instead made recommendations to address the issue.
Judgement: In 1990, the Supreme Court issued an
order prohibiting child labour in the manufacture of matchsticks and fireworks.
However, shortly after this directive, a disaster happened in the Sivakasi
Match factories, killing 39 persons. After this was published, the Court took
Suo moto cognizance of the incident. The Court appointed a committee to
investigate the matter and make suggestions, such as payment of compensation.
On the issue of child labour, the
Court held that this malady was not prevalent in Sivakasi alone. The Court
concluded that in order to develop a workable solution that would free the
nation from this difficulty, this matter needed to be addressed at the national
level. According to the Court, Articles 24, 39(e) and 9(f), 41, and 47 require
the State to outlaw child labour while promoting the child's healthy growth.
The Supreme Court held that India has ratified the UN Convention on the Rights
of the Child as well.
The Government of India is mandated
under Article 32 to implement governmental, administrative, social, and
educational measures to safeguard children from harmful exploitation and to
promote their healthy development. The Court determined that a number of
domestic laws, including the Child Labour (Prohibition and Regulation) Act,
1986, protect minors from exploitation. The Court did take into account the
reality that poverty forces a family to force their child into risky job. The
Court determined that in order to guarantee a child's healthy growth, it was
essential to carry out the legislative aim underlying the Act. The Court
ordered that anybody who violated the Act's provisions would have to pay a
fine of Rs. 20,000 to the relevant authority. This amount would be placed in a
Child Labour Rehabilitation and Welfare Fund. The Fund's earnings would be
utilized to benefit the child concerned.
Conclusion:
The Court determined
that the Respondent Government cannot guarantee a standard program for the
employment of an adult in place of a child. However, the Court ruled that the
government might deposit an amount of Rs 5,000 to the Fund in circumstances
where alternative work was not accessible for the concerned adult. In this
situation, the child would be spared the threat of dangerous employment since
the family would obtain an extra source of revenue, and in the event of
non-hazardous occupations, the child's working hours would be no more than 6
hours per day, with two hours of instruction. The cost of education was to be
borne by the employer.
Suggestions
and Conclusions
The abolition of child trafficking is
a crucial step towards the development of a free and equitable society,
but it will be achievable only with the cooperation of all segments of society
and law enforcement institutions. The role of corporate industries in allowing
the exploitation of underage laborers should be investigated further.
Responsible global population growth and child education are critical
components of this process. Furthermore, the current regulations pertaining to
child labour and child trafficking, which were summarized and detailed above,
should be properly implemented. Governments and their monitoring agencies must
take an active role in this process.
Furthermore, current legislation must
be enforced, and offenses must be punished with appropriate fines and
penalties. Police and government agencies must thoroughly investigate such
incidents, prosecutors must pursue maximum fines, and courts must support these
attempts. Only by seeing these situations dealt seriously in legal settings can
the point be conveyed that child labour and child trafficking is not tolerated
by society.
The COVID-19 epidemic has had a huge
negative economic and employment impact that has had, and continues to have, a
considerable impact on people's lives and livelihoods. Unfortunately,
disadvantaged families and their children are generally the first to suffer
during economic downturns, which will certainly result in many more vulnerable
youngsters being forced into child labour, physical and sexual exploitation
conditions. Already, newspaper articles are surfacing that show an
increase in the number of children in India being taken from their homes and
trafficked for illegal labour and forced marriages as a result of the
nationwide lockdown that coincided with the return of migrant workers and their
families to their villages.
The COVID-19 lockdown showed
inadequacies in India's child protection programs, highlighting the urgent need
for a cohesive, proactive strategy. Policies must be put in place expressly to
safeguard children from the economic and other consequences of pandemics like
COVID-19.
References
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Caritas Internationalis. (2020,
October 27). Human trafficking and COVID-19 in India: Children are
vulnerable. Caritas. https://www.caritas.org/2020/07/human-trafficking-and-exploitation-in-india-during-the-coronavirus-pandemic-hitting-children-hard/
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Children in India. (n.d.). UNICEF India. Retrieved October 25, 2022, from https://www.unicef.org/india/children-in-india
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·
Fatima Zaidi Fatima is a senior
at DePaul University studying journalism with a focus in broadcast and
international reporting, and began working with the OWP in September 2021. As
an international news reporter, Fatima has been committed to platforming the
voices of oppressed communities, while also investigating conflicts that have
wrecked the lives of international minority groups. Through her research and
reporting, Fatima reports on how peaceful solutions can restore justice in
nations that have been desecrated by violence and war. (2021, December 9). How
COVID-19 Has Lead To A Spike In India’s Child Trafficking. The Organization
for World Peace. https://theowp.org/how-covid-19-has-lead-to-a-spike-in-indias-child-trafficking/
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[1] ILO 2005
[2] The Protocol was
adopted by the United Nations in November 2000 as part of the United Nations
Convention against Transnational Organized Crime.
[3] The United Nations Convention against Transnational Organized
Crime, adopted by
General Assembly resolution 55/25 of 15 November 2000, is the main
international instrument in the fight against transnational organized crime. It
opened for signature by Member States at a High-level Political Conference
convened for that purpose in Palermo, Italy, on 12-15 December 2000 and entered
into force on 29 September 2003.
[4] United Nations Office on Drugs and Crime
[5] International Labour
Organization
[6] UNODC & UN. GIFT (2008), An
Introduction to Human Trafficking: Vulnerability, Impact and Action, Background
paper, p.8
[7] Published in Hindustan Times
E-paper edition on 26th July, 2021 by Deeksha Bhardwaj
[8] Published in News 18 E-paper
edition on 2nd October, 2021
[10] A landmark promise to the
world's children was made by world leaders in 1989 against the backdrop of a
shifting global order. Through the adoption of the United Nations Convention on
the Rights of the Child, they made a commitment to every child to uphold and
preserve their rights.
[11] The age at which children can
legally be employed or engage in other forms of employment is one of the best
ways to ensure that they do not begin working too early. The purpose of ILO
Convention No. 138 on the minimum age is to effectively abolish child labour by
mandating nations to set a minimum age for entering the workforce and to develop
national strategies to achieve this goal.
[12] According to Convention No. 182,
governments must immediately take action to end the worst types of child labour
while maintaining their commitment to the long-term objective of effectively
preventing and reducing child labour.
[13] Bandhua Mukti Morcha v. Union of
India, (1997) 10 SCC 549
[15] M.C. Mehta v. State of T.N.,
(1991) 1 SCC 283