Professional Documents
Culture Documents
At the beginning, it was initiated by the British government later on our government
followed the path and adjust local requirement with international standards.
The child has been subject o f special laws and legal provisions.
Because of its tender years, weak physique, and inadequately developed mind and
understanding, it needs protection against moral and physical harm and exploitation
by others. In the formative years of its life, the child needs special care to realize its
v
full potential for growth and development. There are about 300 central and state
statutes concerning children. These have been enacted with an intention to protect
and help children and achieve the goal of child labour welfare enshrined in our
National Charter.1 A brief histoiy of legal provision relating to child labour in India
day) prohibited;
this Act.
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T h e F a c to rie s A c t 1 8 8 1 w a s re v is e d in 1 8 9 1 w ith re s p e c t to th e fo llo w in g m a tte rs :
M in im u m a g e (in c re a s e d to n in e y e a rs);
H o u rs o f w o rk (m a x im u m s e v e n y e a rs p e r d a y , w ith p ro h ib itio n o f w o rk a t
n ig h t b e tw e e n 8 p .m . a n d 5 a .m .) .
T h e M in e s A c t 1 9 0 1
T h is A c t p ro h ib ite d e m p lo y m e n t o f c h ild re n u n d e r tw e lv e y e a rs o f a g e .
T h e F a c to rie s A c t 1 9 1 1
T h is A c t p ro v id e s :
W o rk b e tw e e n 7 p .m . a n d 5 .3 0 a .m , p r o h ib ite d ;
W o rk in c e rta in d a n g e ro u s p ro c e s s e s p ro h ib ite d ;
T h e F a c to ry (A m e n d m e n t! A c t 1 9 2 2
T o im p le m e n t th e IL O C o n v e n tio n (N o . 5 ) 1 9 1 9 , th e a m e n d m e n t p ro v id e d fo r
c h a n g e s su c h as:
M in im u m a g e (fifte e n y e a rs in g e n e ra l);
W o rk in g h o u rs (m a x im u m s ix h o u rs, a n d a ls o a n in te rv a l o f h a lf a n h o u r if
p ro c e sse s;
c o n tin u in g .
T h e In d ia n M in e s A c t 1 9 2 3
T h is A c t ra is e d th e m in im u m a g e fo r e m p lo y m e n t fro m tw e lv e to th irte e n y e a rs .
8 5
T h e F a c to rie s (A m e n d m e n t) A c t 1 9 2 6
c h ild re n to w o rk in tw o s e p a ra te fa c to rie s o n th e s a m e d a y .
T h e In d ia n P o rts (A m e n d m e n t) A c t 1 9 3 1
T h is A c t la id d o w n tw e lv e y e a rs a s th e m in im u m a g e th a t c o u ld b e p re s c rib e d fo r
h a n d lin g g o o d s in p o rts . H ie re p o rt o f th e R o y a l C o m m is s io n o n L a b o u r (1 9 3 1 ) h a d
a n d 1 9 4 9 .
T h e T e a D is tric ts . (E m ig ra tio n L a b o u r) A c t 1 9 3 2
T h is w a s p a s se d to c h e c k m ig ra tio n o f la b o u re rs to d is tric ts in A s s a m . I t p ro v id e d
a c c o m p a n ie d b y h is o r h e r p a re n ts o r a d u lts o n w h o m th e c h ild w a s d e p e n d e n t.
C h ild re n (P le d g in g o f L a b o u r ) A c t 1 9 3 3
g u a rd ia n s in re tu rn fo r b o n d s , p le d g in g th e la b o u r o f th e ir c h ild re n a s y s te m a k in
to th e b o n d e d la b o u r s y s te m .
T h e F a c to rie s (A m e n d m e n t) A c t 1 9 3 4
T h is A c t h a d e la b o ra te p ro v is io n s fo r re g u la tin g th e e m p lo y m e n t o f c h ild re n o f
v a r io u s a g e g r o u p s in th e f a c to rie s , s u c h a s :
p ro h ib ite d in c e rta in a re a s ;
h o u rs a d a y in o th e r a re a s ;
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For employment of children between fifteen to seventeen years, certain
This Amendment Act introduced divisions o f children according to age groups and
hours a week for work above the ground and nine hours a day for work
underground.
This Act was passed to implement the Convention adopted by the twenty-third
Children under the age o f thirteen years shall not be employed or work in the
87
This Act:
railways;
Raised the minimum age o f handling goods on docks from twelve to fourteen
years;
This Act raised the minimum age to fourteen years for employment in
This Act raised the minimum age to fourteen years for employment in
As a result of the ILO Convention relating to night work o f young persons this
Act prohibited the employment o f children between fifteen and seventeen years
at night in the railways and ports and also provided for requirement of
This Act provided the employment o f children under twelve years in plantations.
This Act prohibited the employment of children less than fifteen years in mines.
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Requirement to obtain a certificate of physical fitness from a surgeon.
This Act prohibits the employment o f children less than fifteen years in any
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The Child Labour (Prohibition and Regulation! Act 1986
This is the most comprehensive Act relating to the issue of child labour in India,
Banning the employment o f children, i.e. those who have not completed
work o f children in certain other employment. The Act prohibits the employment of
any person who has not completed his fourteenth years of age in occupations and
processes set forth in Part A and Part B of the Schedule of the Act (See annexure).
explosives and fire works, building and construction industry, tanning etc. Recently
from 10 October, 2006 the Ministry o f Labour added the following occupations to
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the list of hazardous occupations: domestic servants, workers in hotels, restaurants,
dhabas, motels, tea shops, resorts spas or other recreational centres. Till date it is the
prohibited only in certain selected formal sectors and is not applied in any family
workshop. It is often alleged that the present laws are responsible for
institutionalising child labour in India. Since these acts deals with only listed forma!
sectors hence the number o f convictions are very nominal as the acts are full of
loopholes.
Constitutional Provisions
compulsory universal primary education. Indias judiciary right up to the apex level
labour. Labour commissions and committees have gone in to the problems of child
follows
Article 21(a): - The State shall provide free and compulsory education to
Article 23: - Traffic in human beings and beggar and other similar forms
of forced labour are prohibited and any contravention o f this provision shall be an
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Article 24: - Prohibition o f employment o f children in factories etc. It held
that no child bellow the age of fourteen years shall be employed in works in any
factory or mine or engaged in any other hazardous employment.
Article 39 (e): - The state shall, in particular, direct its policy forwards
securing, that the health and strength o f workers, men and women, and the tender
age of children are not abused and that citizens are not forced by economic necessity
to enter avocations unsuited to their age and strength.
Article 39 (f): - Children are given opportunities and facilities to develop
in a healthy manner and in condition of freedom and dignity and that childhood and
youth are protected against exploitation and against moral and material
abandonment.
Article 51(k): - A parent or guardian has a fundamental duty to provide
opportunities for education to his child or, as the case may be, ward between the age
of six to fourteen years.
International Provisions
Besides national provisions, today we have several international
treaties (or conventions), banning child labour, like:
1919: The first D L O child labour convention, the Minimum Age (Industry)
Convention (No. 5), adopted within months of the creation of the
International Labour Organization, prohibited the work o f children under
the age of 1 4 in industrial establishments.
1930: The ILO Forced Labour Convention (No. 29) protected children
from forced or compulsory labour, such as victims o f trafficking, children
in bondage, and those exploited by prostitution and pornography.
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1966: The International Covenant on Civil and Political Rights, re
development.
1973: The key instrument of the ILO was adopted: Convention No. 138 on
the minimum age for admission to employment (15 or the age reached on
and hazardous work, and the refraining o f States from recruiting any
Prohibition and Immediate Action for the Elimination of the Worst Forms
o f Child Labour Convention (No. 182). It called for States to prevent the
currently exist.
Implementation of Laws
regarding protecting the rights of children. But in practice their rights are often
violated and millions o f children passes their day-to-day life as child labourer. The
need of the hour is progressive attitudes on the part o f the common people,
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employer, and government and not some theoretical legal and constitutional
provisions.
has been on the minimum age of employment, medical examination of children and
prohibition of night work. In each of these directions, the standards stipulated are
below the international levels as laid down by the ILO. Enforcement of the law is
family to supplement its income by letting the children work; lack of educational
facilities; the unorganised nature of a good part of economy; and the smallness of
\
most manufacturing units. A major deficiency in the protective legislation is the fact
that there is no law fixing a minimum age for employment in agriculture, though it is
the main occupation in the country and the bulk of child labour, 78.7% of it, is
engaged in this occupation. A minimum age has been fixed however at 12 years for
employment. But this leaves the small sector unregulated: for example, the Factories
Act itself applies only to factories employing workers above a minimum number. As
for legal safeguards for the health of child workers, the law require medical
examination of children up to 18 years of age and that too for industrial employment
only. But no standards are laid down for medical fitness. And there is no law in
prosecutions and convictions at the national and state level, which is very negligible.
In fact in the study area of Nalbari district not a single case of prosecution or
conviction is made till date (see table 20). In the next paragraphs, keeping the above
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mentioned laws and constitutional provisions in view, an analysis is made regarding:
Out of two hundred child labourers only 35 are girls. Girls are
engaged only in chocolate factory and brick kilns; they are not found in other
economic activities; here boys are dominant. Majority of the child labourer are from
11 to 14 years age. But majority of the girl child labourer are from 5 10 years age
group. Some children are veiy young, who cannot respond properly to the researcher
during investigation. It shows that employer openly violates the legal standards
510 43 19 62
95
Seriesl
self-employed children. 19.3% of total children work for up to 8 hours per day. But
29.3% work for more than 12 hours per day, here hotel and garage boy are the worst
sufferer. In fact for hotel boy there is no rest during and after lunch. The following
table shows that the maximum working hour is often violated and children are
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Table (16): Working hours of children in Nalbari district
(Per day)
45 8 0 7 0 4 19
58 23 0 4 0 4 31
8 12 19 28 8 14 26 95
More than 12 0 22 6 11 16 55
Total 50 50 25 25 50 200
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Table 17: The Working Hours and Conditions for young persons and children
Factories Act, 14 Necessary Not 5hrs. one 30 minutes 5 hrs. Not Not
1948 prescri shift allow allowed
bed ed
Mines Act, 15 Necessary Not 5hrs. one 30 minutes 5 hrs. Not Not
1952 prescri shift allowed allowed
bed (6p.m. to
6a.m.)
Source: V.Venkat Karina, Law and Child Labour in India, 2003, p-71
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As the above table shows there is no uniformity in India
regarding working hours and minimum age of working which often leads to conflict
among the laws itself. Field investigation and discussion with working children
reveals that in majority of cases prescribed norms of laws are violated regarding:
minimum hours of work, night work, rest interval, over time, minimum age for work
vehicles, hawking over street and railways, working in garages with heavy heat,
weight and electricity, and work in brick kiln fields. Although in those areas child
labour is prohibited, but in the study area o f Nalbari district children are found as
labourer.
has to be carried by every child labourer, but in practice it is found that not a single
children have that certificate and both employer and children are unaware about this
provision. They even held that the government official never enquired about the
matter.
some sectors. For example, the handymen have to go for special trips at night for
which they got extra amount. The children who work in hotels and dhaba have to
work till 9 to 10 o clock and by this way they got very little time to rest, as they have
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Regarding apprenticeship only two cases are found where two
children are learning in scooter garage, however at the same time they got wage
the study area of Nalbabi district. However the study feels that there might be some
children who are working because of their parents failure to repay loans, which
were token in the past but no children, their parents or employer acknowledged it.
Table 18: Prosecutions and Convictions under Child Labour (Prohibition and
2000-01 10823 31 40 5
2001-02 14162 25 59 99
100
Table 19: State-wise Statistics (Provisional) Child Labour (Prohibition &
Arunachal Pradesh 0 0 0
Assam 0 0 0
Bihar 354 0 0
Chandigarh 0 0 0
Delhi 36 0 0
Goa 0 4 3
Gujarat 7 3 5
Haryana 11 23 0
Himachal Pradesh 3 3 0
Karnataka 300 56 0
Kerala 1 1 0
Lakshadwep 0 0 0
Maharashtra 0 0 0
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Manipur 0 0 0
Meghalaya 0 0 0
Mizoram 0 0 0
Nagaland 0 0 0
Orissa 1 0 20
Pondicherry 0 0 0
Punjab 0 0 0
Rajasthan 55 57 92
Sikkim 0 0 0
Tripura 0 0 0
Uttaranchal 3 4 13
W. Bengal 6 0 17
Both the above-mentioned tables (18 and 19) show that in India
the number of convictions and prosecutions are very low and in some states it is nil.
In Assam, we have exclusive acts like Assam Shops and Establishments Act, 1948;
Assam Children Act, 1970; and Assam Shops and Establishments Act and Rules,
1971 which bans employment of children below the age of fourteen in any
102
establishments except as apprentices. Although domestic servant is banned from
2006, but in Assam not a single case is found where any children is rescued or an
employer is arrested; but all of us know that it is widely practised. As field study
shows in Nalbari district where in a number o f occasions the legal and constitutional
provisions are violated but as par official data none is prosecuted, which means the
Table 20: Implementation of Child Labour (Prohibition and Regulation) Act, 1986
in Nalbari District
conducted "
No. of violation
detected ~
launched "
No. of convictions
Nil Nil Nil
No. of acquittals
Nil Nil Nil
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Problems regarding enforcement of laws
illegal, however, there are problems within these laws. The laws failing to clearly
found that some work benefits the children in the form o f financial contribution
which is essential for survival, learning skills, and having self-esteem. Laws are
unorganised and unregulated work which are not registered and where they are more
agricultural sector, but this sector is not coverd by child labour laws. Laws which
children who are working. Lack of social awareness is another big issue for which
these laws are not fully implemented and succeeded. Lack o f adequate staff
resources; existence of establishments where children work are widely scattered; and
non-cooperation by the employers, are some other serious matters for non
for proper enforcement of the Child Labour (Prohibition and Regulation) Act 1986:
Police authorities
Inspectors
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Judiciary
Media
Parents
* Society in general
the progressive and successful elimination of child labour. It is, also the intense
cooperation amongst the above agencies that can synchronise positive results in the
1986 is the most comprehensive weapon to fight against child labour in India. But
when an official tries to enforce the Act of 1986, deficiencies and loopholes in the
act itself make enforcement very difficult. Bajpai (2003)5 suggests two points to be
reviewed in the existing laws like: determining the age of children, as in India many
Secondly, there should be provision for special courts for children to resolve the
First, t&e act excludes any work done in the family even if the
act prohibits children from doing that work in any other context. This exception
creates an incentive for factory owners to contract with or bond adults for work to be
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done in their homes. The adults then use their own children or bond other children to
help with the work, claiming, if inspected, that the bonded children are their own.
1976, and the Scheduled Castes and Scheduled Tribes (Prevention o f Atrocities)
Act, 1989, the Child Labour (Prohibition & Regulation) Act, 1986, is not
cognizable, meaning that a police officer may not arrest without a warrant. Instead,
places the burden on the inspector, not the employer, to prove with a doctor's
certificate that a child is under age. If an inspector believes a child is under fourteen
but the age is disputed, the child must be referred to a registered doctor.
impedes law enforcement. At both the state and district levels, the staffs devoted to
enforcing the child labour laws are insufficient which makes it virtually impossible
for them to do their jobs thoroughly. Many inspectors are not adequately trained to
conducted on child labour law do not result in prosecutions because, during the
inspection, some of the provisions of the Act or the rules are lost sight o f by the
labour enforcement officers. This may be because o f the labour enforcement officers
not being careful, thorough and tactful while carrying out inspections. For
Inspections under the Act to be purposeful and effective, these should always be
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the failure on the part of Inspectors to gather sufficient and reliable evidence during
the course of the inspections for bringing home the violations o f the Act by the
accused persons.
ineffective instrument for the removal of children in industry. One clear loophole is
that children can continue to work if they are a part of family labour. Hence the Act
has become toothless for factory and labour inspectors as they are hardly equipped
to determine the paternity of children at work. Since people have become aware of
the law, they freely claim parenthood of the children they employ.
legislation faces a number of problems. Broadly, the difficulties fall into the
following categories8:
enforce, as the law enforcers do not understand the spirit o f the law. Neither
the employers of child labour, nor the parents, nor the law enforcers perceive
work involving child labour moving out o f the factories and large
establishments into small cottage and home-based units, from out of the
organised sector to the unorganised sector, it has been difficult to enforce the
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No successful conviction. W here an inspector m an ages to find children
child labour. Though the United N ations has alrea d y created a large num ber o f
child labour, the problem rem ains w idespread. S in ce, law s mean very little i f they
are not properly enforced. N ational strategies to ad dress child labour issues should,
A w aren ess;
action alone, but at the sam e tim e w e cannot underestim ate its im portance. The
activities, w here it is detrimental to the education, health and developm ent o f the
A ppropriate legislation can help to m ake u n iversa lly accepted principles, such as
those set out in the Convention on the R igh ts o f the C h ild and relevant ILO
C onventions, a reality throughout the country. It establish es the norm s and standards
to w hich society should aspire; it provid es a fram ew ork fo r national p o licies and
108
p ro g ra m m e s c o n c e rn in g c h ild la b o u r; a n d it c re a te s a y a rd s tic k fo r m e a s u rin g
p ro g re s s a n d e v a lu a tin g p e r f o r m a n c e .9
lie s in th e fa c t th a t it is n o t e n fo rc e d in th o s e s e c to rs w h e re it is m o s t n e e d e d i.e .
s e c to r. A g a in , a s th e s u b je c t la b o u r fa lls u n d e r th e C o n c u rre n t L is t o f th e
G o v e rn m e n ts f o r p ro p e r e n fo rc e m e n t a n d e v a lu a tio n o f c h ild la b o u r re la te d is s u e s .
O v e rw o rk a n d lo w p a y f o r in s p e c to rs ;
In s p e c to rs p e rc e p tio n o f c h ild la b o u r;
c h ild la b o u r a n d h a z a rd s to w h ic h c h ild re n a re e x p o s e d ;
L a c k o f m o tiv a tio n ;
H o s tile e n v iro n m e n t;
L a c k o f c o o p e ra tio n a n d s u p p o rt fro m o th e r g o v e rn m e n t a g e n c ie s ,
in c lu d in g th e e d u c a tio n s y s te m ;
C la n d e s tin e n a tu re o f c h ild w o rk .
109
A s lis te d a b o v e , in In d ia to o , la b o u r in s p e c tio n s e rv ic e s a re
u n d e rs ta ffe d . T h e y o fte n d o n o t h a v e th e re s o u rc e s to re a c h a n d in s p e c t
S tre n g th e n in g th e e n fo rc e m e n t m e c h a n is m s fo r c h ild la b o u r
la w s s h o u ld th e re fo re b e g iv e n p rio rity . L a b o u r in s p e c to rs n e e d th e fu ll s u p p o rt o f
o rd e r to b e a b le to a s s e s s th e c o n d itio n s in w h ic h c h ild re n w o rk , to e x a m in e th e
to e x e rc is e th e ir rig h ts . S o , m e a s u re s c o u ld b e ta k e n to im p ro v e e n fo rc e m e n t o f
le g a l a n d a d m in is tra tiv e p ro c e d u re s m o re a c c e s s ib le a n d s im p le to th e m .
L a b o u r in s p e c to ra te s , e s p e c ia lly in b a c k w a rd a n d re m o te
e n te rp ris e s a n d th e s m a ll w o rk s h o p s o f th e in fo rm a l s e c to r).
110
Proving the age o f the child is another difficult issue.
Employers have been found to produce fake age certificates to prove that the child in
question is over the minimum age, and parents sometimes support such false
statements for fear of losing their children's jobs. On the other hand the procedures
for filing complaints is so lengthy and complicated that they discourage poor and
inspectors lack motivation. They are poorly paid and subjected to political pressure,
believed that the art of persuasion rather than coercion should be employed and a
strict imposition of the law may be avoided. This is explained by the fact that labour
laws are essentially social laws and have much to do with human relationships and
certain principles of natural justice in carrying out his functions. That is, he must act
democratically and his actions and decisions should not be based on presumptions
but on good legal evidence. He also has a social role and therefore, must find
opportunities to rehabilitate child labourers whom he has been able to retrieve from
exploitative employers.
relation to the kinds o f work that children most often perform. The International
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Conference on Child Labour (1997) discusses in details about legislation and its
ensure the effective abolition of child labour. International and national laws should
set the principles, objectives and priorities of such policy, and also provide a
2. Laws, although indispensable for the fight against child labour, cannot by
quality education and attack the root causes, namely the poverty o f nations,
3. While reaffirming that the ultimate objective is the total and effective abolition of
child labour, national enforcement capacities should in the first stage concentrate on
4. It is essential to ensure that at the very least, national legislation prohibits the
work of children under 12, in all sectors of activity and in all types o f enterprise or
employment.
5. Girls are particularly vulnerable to various forms o f exploitation and abuse and
protection to them, and to exert social and legal pressures to eliminate hazardous and
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abusive forms of child labour. The labour inspectorate must find a balance between
procedures are sometimes so complicated that they are in some cases virtually
begins with complaints from aggrieved parties. The simplification of complaints and
enforcement programme.
8. Public awareness raising is a vital tool to create an appropriate political and social
climate against child labour, to promote the need for policy reforms, and to facilitate
international and national standards on child labour should be made easily accessible
to the public.12
child labour is sufficient to resolve the problem but the reality is that it may end up
compounding the problem by legitimising child labour. For instance, the Child
Labour (Prohibition and Regulation) Act, 1986, is in violation of Article 14, 21, 23
and 24 of the Constitution. This legislation removes the protection given by these
having enacted so many Acts little attention has been given towards enforcement. In
the absence of enforcement, the legislative measures are easily flouted. The plethora
o f laws cover only about 8% of the total, as these laws are not applicable in the case
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of agriculture and also tertiary activities such as retail and wholesale trade, etc. it is
seen that there is a total lack of political will to resolve the problem o f child labour.
In the M.C. Metha ra. State o f Tamil Nadu & Others (Dec. 10, 1996) case, the
Supreme Court issued the following important directions regarding child labour:
child withdrawn from the hazardous occupation, or payment of Rs. 5000 for
work.
hazardous category, the court permitted children to work for 4-6 hours a day
and receive education for two hours a day with a clear direction that the cost
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of such education should be borne by the employer o f the establishment
concerned.
child workers in India, It has always endeavoured to expand and develop the law so
as to respond to the hope and aspirations of people who are looking to the judiciary
to give life and content to law. It has virtually played a vital role in the task of
providing political, social and economic justice to the poor child workers in this
country. There are numerous cases where the judiciary has made significant
contribution to the cause of child workers. The court has given a new dimension to
occupation (Vishal Jeet case) reflect the judicial creativity in the field o f the welfare
of the child labourer. The court has held that at least 60 per cent o f the prescribed
minimum wage for adult employers doing same job shall be given to the child
labourer. Again the court held that there should be special facilities provided by the
initiate the process of its own and for that matter we the general people have to take
the initiative so that the practise of child labour can be eradicated from our society at
the earliest.
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. In the Supreme Court Judgment on Child Labour pronounced in
M.C. Mehta Vs State of Tamil Nadu, the State Governments were directed to follow
certain conditions for the regulation and abolition o f Child Labour and their
rehabilitation and welfare. In view of the judgement the Kerala Government started
District Child Labour cum-Welfare Societies in each district. In a proactive step the
Government also passed The Kerala Child Labour (Release, Rehabilitation and
Welfare) Bill, 2002 for the constitution of a State Council for rehabilitation and
welfare of children released from occupations and processes which are o f hazardous
not only to deficiencies in the legal system and enforcement mechanisms. They are
also due to the complexities of the phenomenon o f child labour and to the economic
and socio-cultural context in which it is performed. In the fight against child labour
the real challenge is to design a coherent programme, which tackles the deep-seated
economic, social and cultural factors that contribute to the exploitation o f children.
machinery are essential to combat child labour. Since such a big problem cannot be
labour - children's work in the most hazardous occupations and industries. There
needs to be a solid legislative basis for action to abolish such practices, as well as
effective procedures and mechanisms for enforcing the law. As our country is yet to
ratify the ILO Convention No. 138 on minimum age for admission to employment
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and the Convention No. 182 for the Prohibition and Immediate Action for the
Elimination of the Worst Forms o f Child Labour, there is an urgent need to ratify
resources to carry out their tasks adequately, as well as the authority and the political
and judicial support necessary to carry out their mission. They require special
training to be able to assess the conditions in which children work, to diagnose the
hazards to which they are exposed, and to deal with the violations. In training
enforcement machinery is essential for change in their attitude and approach towards
to child labour is to strengthen links between the official authority and community
organizations. The government should bring out literature to create all round
awareness about provisions o f the child labour related Acts. Voluntary, non
governmental organisations and the people at large may be sensitised to the Acts and
and NGOs can be powerful partners and play a big role in the struggle against child
labour as they have more access and information about the conditions o f children
employed in rural areas and the informal sector. The press and media could be asked
to participate in the drive against child labour by publishing convictions made under
the Acts.
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Exclusive Courts may be set up to try and decide cases
involving violation of Child Labour Acts. It should be binding on the court to decide
the cases within specified time limits. The government should revamp the child
related cells to monitor and oversee the regulation of the Child Labour Act.
Commission for the Protection of Child Rights Act, 2005. The Act provides for
the constitution of a National and State Commissions for protection of Child Rights
in every State and Union Territory. The functions and powers of the National and
Examine and review the legal safeguards provided by or under any law for
the protection of child rights and recommended measures for their effective
implementation;
Prepare and present annual and periodic reports upon the working o f these
safeguards;
instruments;
of child rights;
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State Governments and Union Territory Administrations to appoint a special
renowned child activist Snathcma Sinha. It is expected that the Commission will take
appropriate steps and advise the government regarding protection o f child rights,
complaints of violation of childrens rights while at work and press the concerned
departments to enforce the law for rescue and release o f child labour. At the moment
there is veiy little coordination between the labour, police, education, welfare and
health departments in the process of enforcing the law to withdraw the child from
work. So the commission has started consultations on the gaps in the existing
recommend guidelines for all the states regarding the process o f identifying child
labour, rescuing them from work and ensuring that they are mainstreamed into
schools.15
arrangement shows there are enough provisions in our country to tackle the problem
of child labour but still there is millions o f child labourers in India. The issue is not
the existence o f laws but its enforcement and applicability to the present necessities.
Not a single political party, student organisation or NGO is found to work against
the practice of child labour in Nalbari district. Although the fight against child
task, providing there is a political will to attack the problem. Public sensitisation
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may be regarded as the first step in this direction, which is at the moment,
References:
Jaswal (1996) Child Labour And The Law, p 53, Deep & Deep Publications, New
Delhi-27
2. Asha Bajpai, 2003: Child Rights in India, Oxford University Press, New Delhi
3. P. L. Mehta and S. S. Jaswal, 1996: Child Labour And The Law, pp 164-65, Deep
4. Mahaveer Jain, 2006: Insights on Child Labour, Manak Publications Pvt. Ltd.,
New Delhi-92
5. Asha Bajpai, 2003: Child Rights in India, Oxford University Press, New Delhi
7. Neera Burra, 1995: Bom to Work, pp 246-7, Oxford University Press, New Delhi
8. Meena Gupta, Awards Digest, Vol.xx:Nos. 7-12, Quoted in Bajpai, 2003, Child
10. ILO, 1998: Child Labor: Targeting the Intolerable, page 112, Geneva
11. Mahaveer Jain, 2006: Insights on Child Labour, Manak Publications Pvt. Ltd.,
New Delhi-92
120
13. Mahaveer Jain, 2006: Insights on Child Labour, Manak Publications Pvt. Ltd.,
New Delhi-92
14. Study on Child Abuse, 2007: Ministry of Women and Child Development,
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