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BALANCING TRADITION AND ETHICS: CHILD LABOUR IN FAMILY ENTERPRISES IN CONTEMPORARY INDIA
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BALANCING TRADITION AND ETHICS:
CHILD LABOUR IN FAMILY ENTERPRISES IN CONTEMPORARY INDIA
AUTHORED BY
- RIYA MESHAK & THANYA MESHAK
INTRODUCTION
The issue of child labour in India
has a long history, dating back to ancient times, as described in Kautilya's Arthashastra.[1] The practice of employing children
for various tasks was prevalent in
different forms and sectors of society. In medieval times, children were trained as apprentices under artisans and
craftsmen. Some crafts, such as carpet weaving, cotton, or silk weaving, still depend heavily on child labour
today. In the agrarian society, children
were expected to work according to their abilities and play an integral role in
the family and community's economy.
They received training
for various work roles and gradually
developed skills and abilities to perform different tasks. However, in many
cases, children's work was
necessitated by their families'
economic needs, and they were
expected to contribute to the
household income. In some cases, children were employed in the quasi- feudal relationship of production, where
their parents were obligated to work for landowners. Often, adults were hired as labourers for low wages, and the
entire family, including children, had
to work extra hours to meet their subsistence needs. This practice, known as
bonded labour, is still prevalent in some parts of India today.
FACTORS RESPONSIBLE FOR CHILD LABOUR
IN
FAMILY ENTERPRISES
The practice of child labour in any
form is a violation of human rights, and it deprives children of their childhood, education, and opportunities for a better future. The Indian government has enacted
various laws and policies to eliminate child labour and protect children's rights. However, implementation and enforcement of these laws remain a challenge,
and child labour continues to exist in various sectors of the economy,
including agriculture, mining, and
domestic work. To combat this problem, it is essential to address the root causes of child labour, such as
poverty, lack of education, and social inequality. Creating awareness and promoting education and
skill development programs for children and their families can provide them with better opportunities for
sustainable livelihoods and a brighter future. Additionally, strict enforcement of laws and regulations against
child labour is necessary
to hold employers accountable and
protect children's rights.
In India, children are employed in
small businesses such as retail shops, restaurants, and small manufacturing
units, among others. Children
employed in small businesses often work long hours and perform hazardous tasks, such as carrying heavy loads,
working with dangerous machinery, and working in hazardous environments. They are also deprived of their childhood, education, and opportunities for a better future. This
not only affects their physical and mental
well-being but also perpetuates the
cycle of poverty and social inequality. The Indian government has enacted
various laws and policies to protect children's
rights and eliminate child labour.
The Child Labour (Prohibition and
Regulation) Act, 1986, prohibits the employment of children under the age of 14 in hazardous occupations and
processes. Additionally, the Right of Children to Free and Compulsory Education
Act, 2009, guarantees free and compulsory education for all children aged
6-14. However, the implementation of these laws remains a challenge, particularly in the informal sector, where
small businesses operate. The lack of awareness, low levels of
education, and poor enforcement mechanisms make it difficult to monitor and regulate small
businesses' employment practices. To address this issue, it is essential to raise awareness among small business
owners and communities about the
negative impacts of child labour and the benefits of education. Providing
support and incentives to small businesses that comply with child labour laws can also encourage
compliance. Additionally, strengthening the enforcement mechanisms and improving the monitoring and reporting systems
can help identify
and prevent child labour in small businesses. Overall, a multi-stakeholder approach involving the
government, civil society, and the
private sector is necessary to eliminate child labour in small businesses and
promote children's rights and well-being.
CONCEPT OF CHILD
LABOUR
The
definition of "child" is a complex
and multi-faceted issue, influenced by biological,
legal, and cultural factors. While age is often used to define childhood, different communities may have varying thresholds or
social rites that distinguish childhood from
adulthood. The term "child" is also defined differently by
different literatures, international organizations, conventions, national laws, and non-governmental
organizations. The UN Convention
on the Rights of the Child (UNCRC) defines a child as every human being below the age of eighteen years, while the
International Labour Organization (ILO) defines child labour as "some types of work" done by children under
the age of 18 years, including full- time work that prevents
them from going to school
or that is dangerous to their health.
The Child Labour (Prohibition and
Regulation) Act of 1986 defines child labour
as employment of children up to the
age of 14 years and in hazardous employments up to 18 years. The ILO Convention No. 138 sets the minimum age
for admission to employment at 15 years or 14
years in special circumstances, with a minimum age of 18 years for
hazardous work. The latest ILO
Convention No. 182 on the Worst Forms of Child Labour defines a child as a person who is below 18 years. Overall, the
definition of "child" is not universally
accepted and varies depending on the context and perspective of the source
or organization.[2]
In Indian society, a
"Child" is someone who is reliant on an adult to provide their basic requirements. Therefore, a child is "someone who
requires adult care and protection for physical, psychological, and intellectual
development until he or she is able to become independently
integrated into the adult world." But varied contexts, goals, and
situations led to various definitions or interpretations of the term
"child." Generally speaking, everybody in India under the age of 14 is regarded as a kid. Indian census
officials also classify everyone under
the age of 14 as a kid. The same definitions of children can be found in legal
laws, however they greatly vary on
the legislation in question. According to the Factory Act of 1948, a kid is anyone under the age of 15.
The Child Labour (Prohibition and Regulation) Act of 1986 defines a child as "a
person who has not reached the age of fourteen."
While child labourers can include
children working at risky tasks, it is by no means limited to this form of activity. In many situations, child
labour involves children working in appalling
circumstances, missing school, and squandering away their youth. There are
several more situations when minors
(those under the age of 18) work occupations that are not dangerous and
do not obstruct their schooling. Child employment is considered exploitative, according to Anti-slavery International
and UNICEF (1999: 24), if it involves any of the following: -Too many hours spent working; full-time employment
at a young age; job that places an
excessive amount of physical, social, and psychological stress on employees; and poor working
and living conditions on the streets;
inadequate pay; too much responsibility; and employment that restricts access
to education.[3]
CATEGORIES OF CHILD LABOUR
a. Domestic work:
Children engaged in domestic work are those who work in households as domestic
servants. They may be hired by households to
do tasks such as cooking, cleaning, washing clothes, caring for children
and the elderly, etc. Children engaged in domestic work are often from poor
families or are orphans who are sent away to work as domestic servants. They
work for long hours without rest or adequate food and are often subjected to physical
and emotional abuse.
b. Non-domestic
work and non-monetary work: Children engaged in non-domestic work are those who
work in industries such as agriculture, mining, construction, etc. Children may
also be engaged in non-monetary work, such as begging or performing on the
streets. These children are often employed in hazardous work conditions and are
exposed to various forms of abuse, including physical, emotional, and sexual abuse.
c. Bonded labour:
Bonded child labour refers to the practice of using children as collateral for
a loan. Children are forced to work for their employers until they pay off the
loan taken by their parents or guardians. Bonded child labour is a form of
modern- day slavery, where children are forced to work in deplorable conditions
with little or no pay.
d. Wage
labour: Children engaged in wage labour work for pay in various industries such
as manufacturing, textiles, construction, etc. They work long hours and are
often exposed to hazardous work conditions. They are paid less wages and are often
subjected to exploitation by their employers.
e. Marginal
economic activities: Children engaged in marginal economic activities are those
who work in activities that are not well-established or recognized by the government.
They may work in activities such as street vending, rag-picking, or shoe- shining.
These children work in precarious conditions, without access to basic facilities
such as clean water and sanitation, and are often subjected to exploitation by their
employers. Child labour is a violation of the basic human rights of children.
It deprives them of their childhood, education, and opportunities for growth and
development. It is the responsibility of governments, civil society, and
individuals to work towards eliminating child labour and providing children with
a safe and nurturing environment to grow and develop.
Poverty is one of the main drivers of
child labour in India. When households are living in poverty, children may have to
work to supplement their family's income. This can occur in both rural and urban areas, as poverty
affects families across
different socioeconomic backgrounds. However, when children
are working instead
of attending school,
they miss out on crucial
opportunities to gain an education
and develop skills necessary
for future employment. This can perpetuate household poverty across
generations, as the lack of education
and skills limits their opportunities for decent work as adults. In addition to poverty, there are several
other factors that contribute to the persistence of child labour in India. One of these is
inequality, which affects the distribution of resources and opportunities among different groups in
society. Children from marginalized communities, such as those from lower castes or ethnic minorities, are more
likely to be engaged in child labour than those from privileged backgrounds.[4]
Lack of access to education and slow
demographic transition are also factors that
contribute to the prevalence of child labour in India. Without access to
education, children are more likely
to end up in low-skilled jobs or informal sector employment, which are sectors where child labour is prevalent. Slow
demographic transition, which refers to a high birth rate and slow decrease in the death rate, can
contribute to a larger number of
children in the labour force
as families have more children to
support.[5] Finally, traditions and cultural expectations can also contribute to the persistence of child labour in India. In some communities,
it may be expected that children contribute to household income through work, or that certain types of work are only
appropriate for certain genders or castes. Overall, child labour is a complex issue in India that is
driven by a variety of interlinked factors. Addressing these factors requires a comprehensive approach that involves
investing in education and skills development, promoting social and
economic equality, and addressing systemic issues such as poverty, inequality, and discrimination.
Child labour is now a source of income for very poor families. In a
study conducted by the ILO Bureau of
Statistics found that “Children’s work was considered essential to maintain the economic levels of household,
either in the form of work for wages, of help in household enterprises or of household chores in order to free adult household members for economic activity elsewhere”.[6]The
apparent fact is that child labourers
are exploited by earning
less wages for the
same type of work engaged by adult counterparts.
LACK OF SOCIAL AND ECONOMIC DEVELOPMENT
Difference in social and economic
development refers to the uneven distribution of resources, opportunities, and benefits among different groups in
society. This inequality can manifest in various forms, including income and wealth disparities, limited
access to education and healthcare, discrimination
based on gender, race, and ethnicity, and unequal distribution of power and influence. In many parts of the world, social and economic
inequality is a significant challenge, leading to poverty, social
exclusion, and marginalization of
certain groups. It creates a vicious
cycle of inequality, where those who are already disadvantaged are further marginalized, making it difficult for
them to break out of poverty. Addressing
social and economic inequality requires a comprehensive approach that involves addressing the root causes of inequality,
such as discrimination, lack of access to education and healthcare, and limited economic opportunities.
This involves implementing policies
that promote inclusive growth, such as investing in education and skill development, promoting gender and social
equality, and improving access to
essential services. Additionally, creating a more equitable distribution of resources and opportunities requires addressing
systemic issues such as corruption, weak governance, and inadequate infrastructure. It also requires
engaging marginalized communities and empowering them to participate in decision-making processes
and hold those in power accountable.
Overall, addressing social and economic inequality is essential for creating a more just and sustainable society, where
all individuals have access to the resources and opportunities necessary to live fulfilling and productive lives.[7]
CHILDREN WORKING
WITH FAMILY
In an article titled “Employment of
children in hazardous and family run business”, The information for 5254 children who were saved between January
1, 2010, and December 31, 2014 was
gathered by BBA and used in this study. Legal action was taken against the employers
of these rescued youngsters, and criminal proceedings are still ongoing.
In parallel, the administration's independent investigations have led to the identification of youngsters as bonded labour.[8]
CHILDREN IN EMPLOYMENT
Out of 5254 child labourers
recovered, 3022 were below 14 years while 2232 were in 14-17 years age-group. It is was shown that
rescued child victims of labour trafficking who were below 14 years of age, constitutes more than half of the total
rescues. Despite existing legal instruments, trafficking of children
below 14 years continues persist.[9]
CHILDREN WORKING
WITH FAMILY
Almost 1/5th of the total children
rescued were working with their families, and about 83% of the children were rescued from
establishments which were located in residential areas. This clearly indicates that when a law permits
employment of children in family enterprises may continue to assist in trafficking of children for forced labour because many of the manufacturing units functioning in residential areas
could claim to be family enterprise.[10]
There are significant concerns from
the recent amendment 2016 under Section 3, which
permit child to help his family or family enterprise, which is other than any
hazardous occupations or processes
set forth in the Schedule, after his school hours or during vacations. The provision to allow work of children
helping in family and family enterprise, even after school hours, raises significant concerns on regulating such
situations when a large part of sub-contracting involves working at/from home.[11]
CONTEMPORARY
CHALLENGES
Despite increased awareness and
efforts to combat child labour, family enterprises continue to grapple with
numerous challenges. Issues such as limited access to education, lack of
awareness about child rights, and economic pressures make it difficult for
families to break free from the cycle of child labour. Additionally, the
blurred lines between familial obligations and exploitative practices further
complicate the efforts to eradicate this pervasive issue.
LEGAL
FRAMEWORKS AND ENFORCEMENT
Exploring the existing legal
frameworks addressing child labour in family enterprises reveals a complex
landscape. While regulations exist to protect children from exploitation, the
enforcement mechanisms often fall short, leaving gaps that contribute to the
perpetuation of this problem. Strengthening legal frameworks and ensuring their
effective implementation are crucial steps in addressing child labour within
family enterprises.
PATHWAYS TO
CHANGE
Creating meaningful change requires a
holistic approach that addresses the root causes of child labour within family
enterprises. This includes targeted efforts to improve access to education,
raise awareness about child rights, and provide viable economic alternatives
for families. Collaboration between government bodies, non-governmental
organizations, and local communities is essential to fostering an environment
where children are protected from exploitation and can thrive.
CONCLUSION
In conclusion, this article
underscores the intricate nature of child labour within family enterprises,
recognizing its historical roots and contemporary challenges. By understanding
the economic realities, legal frameworks, and the need for comprehensive
solutions, stakeholders can work towards breaking the cycle of child labour,
ensuring a brighter and more equitable future for the younger generation recognizing
children as a nation's most valuable assets, it is imperative to address the
prevalent forms of abuse they face in India, as highlighted by the National
Study on Child Abuse. The inadequacies in the Child Labour Act and flawed
developmental programs, especially in education, contribute to the failure in
achieving desired outcomes. To effectively combat child labor, there is a need
for comprehensive strategies, including the provision of alternative
income-generating activities for families dependent on child labor. The
engagement of the private sector is crucial, with businesses enforcing labor
standards and supporting initiatives that eliminate child labor in family enterprises.
International collaboration among governments, NGOs, and organizations is
essential to share best practices, coordinate efforts, and allocate resources
for education, training, and research, ultimately ensuring the holistic
development and well-being of every child.
[1] Banerjee S., child labour in India: A general review
with case studies of the bricking and Zari embroiding industries, London,
Anti-slavery society (1981)
[2] P.L. Mchata,
S.S. Jaswal, Child Labour and the Law, p-26, New Delhi: Deep and Deep Publications, 1990
[4] P.L. Mehta,
S.S. Jaswal, Child Labour and The Law, p-13,New Delhi: Deep and Deep Publications, 1996.
[5] C.K. Shukla, S. Ali, Child Labour: Socio-Economic Dimensions,
p-178, New Delhi: Swaroop and Sons, 2006.
[6] Mehra-Kerpelman, K.1996.
Children at work: How many and where? International Journal of Statistics & Economics, http://www.karmyug.org/childlabour/research
[7] Nanjuda, D.C., Child Labour and Human Rights-A
Perspective, Delhi: Kalpaz Publications, 2008, p. 52.
[8] “Employment of children in hazardous and family
run business”, Bachpan Bachao Andolan (BBA),March31,p3
[9] Employment of children in hazardous and family run
business”, Bachpan Bachao Andolan (BBA),March31,p-3
[10] Employment of children in hazardous and family run
business”, Bachpan Bachao Andolan (BBA),March31,p4
[11] Employment of
children in hazardous and family run business”, Bachpan Bachao Andolan (BBA),March31,p-9
Article Information
BALANCING TRADITION AND ETHICS: CHILD LABOUR IN FAMILY ENTERPRISES IN CONTEMPORARY INDIA
Authors: RIYA MESHAK, THANYA MESHAK
- Journal IJLRA
- ISSN 2582-6433
- Published 2024/02/02
- Issue 7
About Journal
International Journal for Legal Research and Analysis
- Abbreviation IJLRA
- ISSN 2582-6433
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