Child Labour

Child labour typically means the employment of children in any manual work with or without payment. It is a deep rooted social ill in India. As per the 2011 Census, in the age group 5-14 years, 10.1 million of 259.6 million constituted working children. Even though there was a decline in the number of working children to 3.9% in 2011 from 5% in 2001, the decline rate is grossly insufficient to meet target 8.7 of the UN Sustainable Development Goals (SDGs), which is to end child labour in all forms by 2025.

The Indian constitution provides free and compulsory education for all children in the age group of six to 14 years as a fundamental right under article 21A. Child labour in India decreased in the decade 2001 to 2011, and this demonstrates that the right combination of policy and programmatic interventions can make a difference.

 

  • The number of children working as child labourers came down by 100 million in last two decades (1991 to 2011) which demonstrates that the right combination of policy and programmatic interventions can make a difference; but COVID-19 pandemic has undone a lot of gains
  • The Covid-19 crisis has brought additional poverty to these already vulnerable populations and may reverse years of progress in the fight against child labour- ILO
  • A report by the International Labour Organization (ILO) and UNICEF warns that 9 million additional children are at the risk of being pushed into child labour by the end of 2022 globally, as a result of the pandemic.
  • In India, the closure of schools and the economic crisis faced by the vulnerable families, triggered by the pandemic, are likely drivers pushing children into poverty and thus, child labour and unsafe migration.
  • There has been a significant increase in the proportion of working children from 28.2% to 79.6% out of the 818 children who were surveyed, mainly because of the COVID-19 pandemic and closure of schools, reveals a study conducted by Campaign Against Child Labour (CACL).
  • The coronavirus pandemic is forcing India’s children out of school and into farms and factories to work, worsening a child-labour problem that was already one of the direst in the world.
  • Orphaned children are particularly vulnerable to trafficking and other exploitation like forced begging, or child labour. In such families, there is also the likelihood of older children dropping out of school to support their younger siblings.
  • Children are seen as a stop-gap measure to fill jobs left vacant by migrant labourers who fled cities for their rural homes during the lockdown.
  • According to the CACL survey, more than 94% of children have said that the economic crisis at home and family pressure had pushed them into work. Most of their parents had lost their jobs or earned very low wages during the pandemic.
  • A total of 591 children were rescued from forced work and bonded labour from different parts of India during the lockdown by Bachpan Bachao Andolan, a civil society group on children’s rights

Poverty and Child labour- a vicious cycle

  • The coronavirus pandemic is forcing India’s children out of school and into farms and factories to work, worsening a child-labour problem that was already one of the direst in the world.
  • The Covid-19 crisis has brought additional poverty to these already vulnerable populations and may reverse years of progress in the fight against child labour- ILO
  • The nationwide lockdown imposed, pushed millions of people into poverty, which is encouraging trafficking of children from villages into cities for cheap labour.
  • School closures have aggravated the situation and many millions of children are working to contribute to the family income. The pandemic has also made women, men and children more vulnerable to exploitation.
  • According to the International Labour Organisation (ILO) some 25 million people could lose their jobswith those in informal employment suffering most from lack of social protection during this pandemic.
  • As per the Centre for Monitoring Indian Economy’s (CMIE) weekly tracker survey, the impact of COVID-19 has already pushed the urban unemployment rate to 30.9%
  • Orphaned children are particularly vulnerable to trafficking and other exploitation like forced begging, or child labour. In such families, there is also the likelihood of older children dropping out of school to support their younger siblings.
  • Children are seen as a stop-gap measure to fill jobs left vacant by migrant laborers who fled cities for their rural homes during the lockdown.
  • A total of 591 children were rescued from forced work and bonded labour from different parts of India during the lockdown by Bachpan Bachao Andolan, a civil society group on children’s rights
  • Child Labour (Prohibition and Regulation) Act(1986) to prohibit the engagement of children in certain employments and to regulate the conditions of work of children in certain other employments
  • Child Labour (Prohibition and Regulation) Amendment Act, 2016 : The Amendment Act completely prohibits the employment of children below 14 years.
  • The amendment also prohibits the employment of adolescents in the age group of 14 to 18 years in hazardous occupations and processes and regulates their working conditions where they are not prohibited.
  • On World Day Against Child Labour (June 12) in 2017, India ratified two core conventions of the International Labour Organization on child labour.
  • National Policy on Child Labour (1987), with a focus more on rehabilitation of children working in hazardous occupations and processes, rather than on prevention.
  • Juvenile Justice (Care and Protection of Children) Act2000 and amendment of the JJ Act in 2006: includes the working child in the category of children in need of care and protection, without any limitation of age or type of occupation.
  • Section 23 (cruelty to Juvenile) and Section 26 (exploitation of juvenile employee) specifically deal with child labour under children in need of care and protection.
  • Pencil: The government has launched a dedicated platform viz. pencil.gov.in to ensure effective enforcement of child labour laws and end child labour.
  • The Right to Education Act 2009 has made it mandatory for the state to ensure that all children aged six to 14 years are in school and receive free education. Along with Article 21A of the Constitution of India recognizing education as a fundamental right, this constitutes a timely opportunity to use education to combat child labour in India.
  • Amendments made to the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act prescribes severe punishment for people found guilty of retaining bonded labour.
  • The amendment stipulates rigorous imprisonment for those who force children to beg, handle or carry human waste and animal carcasses.
  • The draft National Policy for Domestic Workers, when goes into force, will ensure minimum Rs.9,000 salary for household helpers.
  • Every police station in the country has a separate cell for juvenile, women and child protection.
  • Many NGOs like Bachpan Bachao Andolan, CARE India, Child Rights and You, Global march against child labour, RIDE India, Child line etc. have been working to eradicate child labour in India.
  • The pandemic is hampering enforcement of anti-child labour laws, with fewer workplace inspections and less vigorous pursuit of human traffickers.
  • NGOs point to the fact that the real spike in child labour is yet to come. When economic activity begins accelerating, there is a risk of returning migrants taking children along with them to the cities.
  • Children’s access to education, basic nutrition and other critical requirements for their development and wellbeing, have suffered a huge setback and many new children have fallen into the trap of forced labour along with further deteriorated conditions for the existing child labourers.
  • Incoherency between laws that prescribe a minimum age for employment and those for completion of compulsory school education. It also means that the expansion of quality universal basic education has to extend beyond the fulfilment of statutory provisions.
  • Multiple forms exist: Child labour is not uniform. It takes many forms depending upon the type of work that children are made to do, the age and sex of the child and whether they work independently or with families.
  • Due to this complex nature of child labour, there is no one strategy that can be used to eliminate it.
  • The absence of national legislation to give effect to global conventions on the employment of children in hazardous industries, as well as on the minimum age of work.
  • The lack of harmony between global commitments and domestic priorities.
  • Lack of effective labour inspections in the informal economy. Around 71% of working children are concentrated in the agriculture sector, with 69% of them undertaking unpaid work in family units.
  • Abolition of child trafficking, elimination of poverty, free and compulsory education, and basic standards of living can reduce the problem to a great extent.
  • Strict implementation of labour laws is also essential in order to prevent exploitation by parties or multinational companies
  • Strengthening policy and legislative enforcement, and building the capacities of government, workers’ and employers’ organisations as well as other partners at national, State and community levels should be prioritized.

Education:

  • Spreading literacy and education is a potent weapon against the practice of child labour, because illiterate persons do not understand the implications of child labour
  • The single most effective way to stem the flow of school-aged children into child labour is to improve access to and quality of schooling.

Eradicate Unemployment:

  • Another way to stop child labour is to eliminate or rein in unemployment. Because of inadequate employment, many families cannot afford to meet all their expenses. If employment opportunities are increased, they will be able to let their children read and write and become worthy citizens
  • Continued progress against child labour requires policies that help mitigate the economic vulnerability of households. Accelerating progress towards universal social protection is key, as social protection helps prevent poor households from having to rely on child labour as a coping mechanism.

Attitude change:

  • It is important that the attitudes and mindsets of people are changed to instead employ adults and allow all children to go to school and have the chance to learn, play and socialize as they should.
  • A sector-wide culture of child labour-free businesses has to be nurtured.
  • Coordinated policy efforts should be taken to provide employment and income support to all informal sector workers to stimulate the economy and labour demand.
  • States should prioritise efforts to continue education for all children, using all available technology.
  • Financial support or relaxation of school fees and other related school expenses should be given to those children who wouldn’t be able to return to school otherwise.
  • School authorities need to ensure that every student will have free lunches at home until schools open. Special efforts should be taken to identify children orphaned due to COVID-19, and arrangements of shelter and foster care for them should be made on a priority basis.

Eliminating child labour is firmly placed within Goal 8 of the SDGs. A stronger nexus between the discourse on SDGs and the discourse on eliminating child labour can take the advantage of complementarities and synergies of a wide range of actors engaged in both areas of work. The fight against child labour is not just the responsibility of one, it is the responsibility of all.