Child Labour 18 Pages

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CHILD LABOUR

Is it really all that difficult to define the term child labour?

Do we need any increased intelligence quotient to understand it?

If the answer is no to both these questions, then why is child labour a

rampant problem across the length and breadth of India?

Why is it one of the prime focus problems where UNICEF is concerned?

And this is not a problem with under developed or developing nations, butexists in the so-called developed nations.

Lets halt for a bit here and get into the technical understanding of theterm child labour

According to the United Nations and the International Labor

Organization, child labor is to be considered if:

...States Parties recognize the right of the child to be protected from

economic exploitation and from performing any work that is likely to be

hazardous or to interfere with the child's education, or to be harmful to the

child's health or physical, mental, spiritual, moral or social development.

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(UN stipulation in article 32 of the Convention on the Rights of the

Child)

So, in laymans terms, what is child labour?

It is any kind of work children are made to do that harms or exploits them

physically, mentally, morally, or by preventing access to education.

However, one must also understand that all work is not bad or exploitive

for children. In fact, certain jobs help in enhancing the overall personality ofthe child. For instance, children delivering newspapers prior to going to

school. Or then children taking up light summer jobs that do not interfere

with their school timings. When they are given pocket money earning

oriented tasks, they understand the value of money, as well as respect it

even more.

While this are the positive aspects of tasks and working, the actual

universal problem of child labour is the exploitive and dangerous work andworking conditions children are put through. For instance, in north India

young children, below the age of 14 are made to work in the carpet

industry. Their delicate fingers create the worlds finest and most

expensive carpets. The children are working twelve to fourteen hours a

day. Many lose their fingers. Some are starved. And a number die each

year because of the torturous circumstances under which they are made to

work.

This is a crime. There have been instances of so-called decent middle

class, as well as upper-class people employing young children as

domestic helpers. But, they are not working as helpers, but bonded labour.

They are made slaves. Frightening stories of how they have been

physically tortured are printed in the daily newspapers. And in spite of

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stringent action being taken against such employers, the problem

continues.

CHILD LABOUR IN INDIA

India accounts for the second highest number where child labour in the

world is concerned. Africa accounts for the highest number of children

employed and exploited. The fact is that across the length and breadt

of the nation, children are in a pathetiditioc conn.

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While experts blame the system, poverty, illiteracy, adult unemployment;

yet the fact is that the entire nation is responsible for every crime against a

child. Instead of nipping the problem at the bud, child labour in India was

allowed to increase with each passing year. And today, young ones below

the age of 14 have become an important part of various industries; at the

cost of their innocence, childhood, health and for that matter their lives.

Here is a look at the various labour activities involving children,

across the length and breadth of India

Bonded Child Labour :

This is also known as slave labour and is one of the worst types of labour

for children and adults, alike. In fact, in 1976 the Indian Parliament enacted

the Bonded Labour System (Abolition) Act; herein declaring bonded illegal.

However, the fact remains is that this system of working still continues.

According to certain experts approximately 10 million bonded children

labourers are working as domestic servants in India. Beyond this there are

almost 55 million bonded child labourers hired across various other

industries.

Child Labour in The Agricultural Sector :

According to a recent ILO report about 80% child labourers in India are

employed in the agriculture sector. The children are generally sold to the

rich moneylenders to whom borrowed money cannot be returned.

Street Children :

Children on the streets work as beggars, they sell flowers and other items,instead of being sent to school. They go hungry for days to gather. In fact,

they are starved so that people feel sorry for them and give them alms.

Children Employed At Glass Factories :

According to recent estimates almost 60,000 children are employed in the

glass and bangle industry and are made to work under extreme conditions

of excessive heat.

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Child Labour in Matchbox Factories :

Of the 2,00,000 labour force in the matchbox industry, experts claim that

35% are children below the age of 14. They are made to work over twelve

hours a day, beginning work at around 4 am, everyday.

Carpet Industry Child Labour :

According to a recent report by the ILO almost 4,20,000 children are

employed in the carpet industry of India.

The Other Industries :

According to researchers there are about 50,000 children employed in the

brass industry of India and around the same amount in the lock industry

CHILD LABOUR LAW

The purpose of this Act was to declare child labour as illegal and make it a

punishable act by any citizen of India. The Act is to bring to the notice of

the people of this nation that there are child labour laws to protect the

child. However, in spite of this the situation has not improved, nor has it

been brought under control. For that matter it has worsened.

Given here are sections of the The Child Labour (Prohibition andRegulation) Act, 1986, to make readers aware of the laws with

regards to the malice of child abuse and labour

Preamble to the Act : [61 of 1986]

lna-1 An Act to prohibit the engagement of children in certain employments

and to regulate the conditions of work of children in certain other

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employments Be it enacted by Parliament in the Thirty-seventh Year of the

Republic of India as follows :

(1) This Act may be called the Child Labour (Prohibition and Regulation)

Act, 1986.

(2) It extends to the whole of India.

(3) The provisions of this Act, other than Part III, shall come into force at

once, and Part III shall come into force on such date as the Central

Government may, by notification in the official Gazette, appoint, and

different dates may be appointed for different States and for different

classes of establishments.

Definitions : In this Act, unless the context otherwise requires, -

(i) "Appropriate Government" means, in relation to an establishment under

the control of the Central Government or a railway administration or a

major port or a mine or oilfield, the Central Government, and in all other

cases, the State Government;(ii) "Child" means a person who has not completed his fourteenth year of

age;

(iii) "Day" means a period of twenty-four hours beginning at midnight;

(iv) "Establishment" includes a shop, commercial establishment, workshop,

farm, residential hotel, restaurant, eating-house, theatre or other place of

public amusement or entertainment;

(v) "Family", in relation to an occupier, means the individual, the wife or

husband, as the case may be, of such individual, and their children,brother or sister of such individual;

(vi) "Occupier", in relation to an establishment or a workshop, means the

person who has the ultimate control over the affairs of the establishment or

workshop;

(vii) "Port authority" means any authority administering a port;

(viii) "Prescribed" means prescribed by rules made under Sec. 18;

(ix) "Week" means a period of seven days beginning at midnight on

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Saturday night or such other night as may be approved in writing for a

particular area by the Inspector;

(x) "Workshop" means any premises (including the precincts thereof)

wherein any industrial process is carried on, but does not include any

premises to which the provisions of Sec. 67 of the Factories Act, 1948 (63

of 1948), for the time being, apply.

Prohibition of Employment of Children in Certain Occupations and

Processes :

No child shall be employed or permitted to work in any of the occupations

set forth in Part A of the Schedule or in any workshop wherein any of the

processes set forth in Part B of the Schedule is carried on: Provided that

nothing in this section shall apply to any workshop wherein any process is

carried on by the occupier with the aid of his family or to any school

established by, or receiving assistance or recognition from, Government.

Hours and Period of Work:

(1) No child shall be required or permitted to work in any establishment in

excess of such number of hours, as may be prescribed for suchestablishment or class of establishments.

(2) The period of work on each day shall be so fixed that no period shall

exceed three hours and that no child shall work for more than three hours

before he has had an interval for rest for at least one hour.

(3) The period of work of a child shall be so arranged that inclusive of his

interval for rest, under sub-section (2), it shall not be spread over more

than six hours, including the time spent in waiting for work on any day.

(4) No child shall be permitted or required to work between 7 p.m. and 8a.m.

(5) No child shall be required or permitted to work overtime.

(6) No child shall be required or permitted to work in, any establishment on

any day on which he has already been working in another establishment.

Weekly Holidays :

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Every child employed in an establishment shall be allowed in each week, a

holiday of one whole day, which day shall be specified by the occupier in a

notice permanently exhibited in a conspicuous place in the establishment

and the day so specified shall not be altered by the occupier more than

once in three months.

Health and Safety :

(1) The appropriate Government may, by notification in the official Gazette,

make rules for the health and safety of the children employed or permitted

to work in any establishment or class of establishments.

(2) Without prejudice to the generality of the foregoing provisions, the said

rules may provide for all or any of the following matters, namely:

(a) cleanliness in the place of work and its freedom from nuisance;

(b) disposal of wastes and effluents;

(c) ventilation and temperature;

(d) dust and fume;

(e) artificial humidification;

(f) lighting;(g) drinking water;

(h) latrine and urinals;

(i) spittoons;

(j) fencing of machinery;

(k) work at or near machinery in motion;

(l) employment of children on dangerous machines;

(m) instructions, training and supervision in relation to employment of

children on dangerous machines;(n) device for cutting off power;

(o) self-acting machines;

(p) easing of new machinery;

(q) floor, stairs and means of access;

(r) pits, sumps, openings in floors, etc.;

(s) excessive weights;

(t) protection of eyes;

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(u) explosive or inflammable dust, gas, etc.;

(v) precautions in case of fire;

(w) maintenance of buildings; and

(x) safety of buildings and machinery.

Penalties :

(1) Whoever employs any child or permits any child to work in

contravention of the provisions of Sec. 3 shall be punishable with

imprisonment for a term which shall not be less than, three months but

which may extend to one year or with fine which shall not be less than ten

thousand rupees but which may extend to twenty thousand rupees or with

both.

(2) Whoever, having been convicted of an offence under Sec. 3, commits a

like offence afterwards, he shall be punishable with imprisonment for a

term which shall not be less than six months but which may extend to two

years.

(3) Whoever - (a) fails to give notice as required by Sec. 9, or

(b) fails to maintain a register as required by Sec. 11 or makes any false

entry in any such register; or

(c) fails to display a notice containing an abstract of Sec. 3 and this section

as required by Sec. 12; or

(d) fails to comply with or contravenes any other provisions of this Act orthe rules made there under, shall be punishable with simple imprisonment

which may extend to one month or with fine which may extend to ten

thousand rupees or with both.

Children will not be employed in the following according to the Schedules

of the Act...

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Part A Occupations :

Any occupation connected with:

(1) Transport of passengers, goods or mails by railway;

(2) Cinder picking, clearing of an ash pit or building operation in the railway

premises;

(3) Work in a catering establishment at a railway station, involving the

movement of a vendor or any other employee of the establishment from

one platform to another or into or out of a moving train;

(4) Work relating to the construction of a railway station or with any other

work where such work is done in close proximity to or between the railway

lines;

(5) A port authority within the limits of any port.

(6) Work relating to selling of crackers and fireworks in shops with

temporary licences.

(7) Abattoirs/slaughter Houses.

Part B Processes :

(1) Bidi-making.

(2) Carpet-weaving.

(3) Cement manufacture, including bagging of cement.

(4) Cloth printing, dyeing and weaving.

(5) Manufacture of matches, explosives and fire-works.

(6) Mica-cutting and splitting.

(7) Shellac manufacture.(8) Soap manufacture.

(9) Tanning.

(10) Wool-cleaning.

(11) Building and construction industry.

(12) Manufacture of slate pencils (including packing).

(13) Manufacture of products from agate.

(14) Manufacturing processes using toxic metals and substances, such as,

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lead, mercury, manganese, chromium, cadmium, benzene, pesticides and

asbestos.

(15) "Hazardous processes" as defined in Sec. 2 (CB) and dangerous

operations as defined in rules made under Sec. 87 of the Factories Act,

1948 (63 of 1948).

(16) Printing as defined in Sec. 2(k) (iv) of the Factories Act 1948 (63 of

1948).

(17) Cashew and cashew nut decaling and processing.

(18) Soldering processes in electronic industries

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CAUSES OF CHILD LABOUR

Today one of the greatest maladies that has spread across the world is

that of child labor, coupled with child abuse. It is a very scary thought when

each year statistics show increasing numbers. And this is not a problem

afflicting under-developed or developing nations, but also developedcountries, though the numbers are comparatively less.

There are a number of experts around the world who are working towards

controlling the numbers, and eventually eradicating the problem. Seems

like a difficult and nearly impossible task, but then all the same immense

efforts are being made in this direction.

The first step to solve any problem is to be aware of it. And the prime focusis to be aware of the causes of child labour. The following causes listed,

though from the Indian prospective, are also the contributing factor to child

exploitation in other nations

The leading reason is poverty. Families need additional sources of income.

And unfortunately their poverty-stricken way of life makes them so ruthless

that they sell their children as commodities to exploitive employers. Most

such employers pay a lump sum for the child and then keep him or herimprisoned within the factory unit till the child cannot work due to

deteriorating health as a result of harsh living and working conditions. A

hard and terrifying truth about child labor in India!

Most traditional families believe that a child is born to them to earn more

money for the family. The child is just another source of income. And

traditional business families in fact put the child into the business rather

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than sending them to school. Under the pretext of training them, they make

them work long hours, sometimes resorting to physical torture in case the

child makes mistakes.

Child abuse is another cause for child labor. This is more so in the case of

the girl child, who has probably been abused by someone at home, and to

hide this fact she is sold to an employer from a city as domestic help, or

then as a bride to an old man.

Lack of proper educational facilities force parents to send their children to

work, rather than keeping them at home and giving them a home-based

education, along with a happy and innocent childhood playing amongst

other children.

According to the Roots of Child Labor, curing UNICEFs 1997 State of

the Worlds Children Report,

"The parents of child labourers are often unemployed or

underemployed, desperate for secure employment and income. Yet it

is their children - more powerless and paid less - who are offered thejobs. In other words, says UNICEF, children are employed because

they are easier to exploit."

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STATISTICS OF CHILD LABOUR

The statistical information regarding child labour in the world, as well as in

the individual countries can never be taken to be precise, as there are

areas where no accounting has been done. There are innumerable

workshops and factories that have cramped up rooms where children

work, eat and sleep. No one from the outside world would even know that

they are working there.

However, a number of people working towards the welfare of child

labourers have, with the tip of from insiders, have been rescue a number

of children from such units. However, there are far too many such

employers and they keep increasing.

Yet, even if we look at the existing child labour statistics, the fact is that

almost 55% of the children of the world are working under trying and

torturous circumstances. They are suffering. Their health is failing and a

large number do not live to even see their adolescences, while still more

do not live beyond their thirtieth birthday. This is a grave and true situation.

In India innumerable children through the length and breadth of the nation

are into some kind of bonded labour. And unfortunately it is their greedy

parents and guardians who sell them for measly amounts of money; or

simply to get out of debt. There is ruthlessness amongst such parents. It is

as though they make children to relieve them from their financial burdens.

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Such is the story!

While the number of children employed and exploited increases with each

passing year, considering the rampant population increase the nationfaces, we must applaud the efforts made by sections of the government,

social workers, non-government organizations and others to rescue and

rehabilitate the children. These numbers are also rather encouraging in the

pages of statistical information.

DEFENCE OF CHILD LABOUR

According to Friedman's theory, before the Industrial Revolution virtually allchildren worked in agriculture. During the Industrial Revolution many of thesechildren moved from farm work to factory work. Over time, as real wages rose,

parents became able to afford to send their children to school instead of work andas a result child labor declined, both before and after legislation.

Austrian school economist Murray Rothbard also defended child labor, stating that

British and American children of the pre- and post-Industrial Revolution went"voluntarily and gladly" to work in factories.

However, the British historian and socialist E.P. Thompson in The Making of theEnglish Working Class draws a qualitative distinction between child domesticworkand participation in the wider (waged) labor market. Further, the usefulnessof the experience of the industrial revolution in making predictions about currenttrends has been disputed. Economic historian Hugh Cunningham, author ofChildren and Childhood in Western Society Since 1500, notes that:

"Fifty years ago it might have been assumed that, just as child labor haddeclined in the developed world in the late nineteenth and early twentiethcenturies, so it would also, in a trickle-down fashion, in the rest of theworld. Its failure to do that, and its re-emergence in the developed world,raise questions about its role in any economy, whether national or global."

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Child laborers on a farm in Maine, October 1940

Big Bill Haywood, a leading labor organizer and leader of the Western Federationof Miners and a founding member and leader of the Industrial Workers of theWorld famously claimed "the worst thief is he who steals the playtime ofchildren!"

According to Thomas DeGregori, an economics professor at the University of

Houston, in an article published by the Cato Institute, a libertarian think-tankoperating in Washington D.C., "it is clear that technological and economic changeare vital ingredients in getting children out of the workplace and into schools.Then they can grow to become productive adults and live longer, healthier lives.However, in poor countries like Bangladesh, working children are essential forsurvival in many families, as they were in our own heritage until the late 19thcentury. So, while the struggle to end child labour is necessary, getting there oftenrequires taking different routes -- and, sadly, there are many political obstacles."

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CERTAIN INCIDENT OF CHILD LABOUR

1) The Firestone Tire and Rubber Company operate a rubber plantation inLiberia which is the focus of a global campaign called Stop Firestone.Workers on the plantation are expected to fulfill a high production quota ortheir wages will be halved, so many workers brought children to work. TheInternational Labor Rights Fund filed a lawsuit against Firestone (TheInternational Labor Fund vs. The Firestone Tire and Rubber Company) in

November 2005 on behalf of current child laborers and their parents whohad also been child laborers on the plantation. On June 26, 2007, the judgein this lawsuit in Indianapolis, Indiana denied Firestone's motion to dismissthe case and allowed the lawsuit to proceed on child labor claims

2) On November 21st, 2005, An Indian NGO activist Junned Khan, with thehelp of Police, Labour Department and NGO Pratham mounted thecountry's biggest ever raid for child labor rescue in the Eastern part of

Delhi, the capital of India. The process resulted in rescue of 480 childrenfrom over 100 illegal embroidery factories operating in the crowded slumarea of Seelampur. For next few weeks, government, media and NGOs werein a frenzy over the exuberant numbers of young boys, as young as 5-6 yearolds, released from bondage. This rescue operation opened the eyes of theworld to the menace of child labor operating right under the nose of thelargest democracy in the world.

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3) On October 28, Marka Hansen, president of Gap North America, responded,"We strictly prohibit the use of child labor. This is a non-negotiable for us and we are deeply concerned and upset by this allegation. As weve

demonstrated in the past, Gap has a history of addressing challenges likethis head-on, and our approach to this situation will be no exception. In2006, Gap Inc. ceased business with 23 factories due to code violations. Wehave 90 people located around the world whose job is to ensure compliancewith our Code of Vendor Conduct. As soon as we were alerted to thissituation, we stopped the work order and prevented the product from beingsold in stores. While violations of our strict prohibition on child labor infactories that produce product for the company are extremely rare, we havecalled an urgent meeting with our suppliers in the region to reinforce our

policies."

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Child Labour 18 Pages