ANALYSIS OF CHILD LABOUR IN TIRUCHIRAPPALLI CITY CORPORATION
AUTHORED BY
S SUBASHINI
This research paper is on the analysis of child labour in Tiruchirappalli City Corporation. It discusses about the statement of problem, hypothesis, literature review and research gap. It focuses on the laws and policies which deals with child labour in India and has also given a list of case laws that are on child labour. This paper also gives a data analysis about how far child labour is still prevalent by way of pie chart, bar graph, etc.
"I am the child, all the world wait for my coming, All the earth watches with interest to see what I shall become, Civilization thanks in the balance, for what I am, the world of tomorrow will be. I am the child; you hold in your hands my destiny, you determined, largely, whether I shall succeed or fail, give me, I pray you, these things that make for happiness; train me, I beg you, that I may be a blessing to the world." - Maime Gene Gole
Child labor is the most challenging issues in today‟s world. Child labor is the work done by the child in order to earn his profit. Poverty is the main determinant of such a practice. The children are delicate and precious flowers of life. It‟s undisputed that they‟re the potential embodiment of our ideals, aspirations, ambitions, dreams and hopes. The child, for the full and the harmonious development of his or her personality should grow up in a very congenial family surroundings, in an environment of happiness, love and understanding. In fact child by virtue of his physical and mental immature wants special safeguards and care as well as acceptable legal protection, before and when birth. The practice of child labor deprives child and it is harmful to their physical and mental health and development.
Children are the square measure of any society and shape the world's future. That‟s why the issue of child labor is locality of concern for all policy - makers, social scientists, researchers and the judiciary. The problem of child labor has been one amongst the most important problem to be tackled in any economy. The problem of child labor in the worst form has been seen in a number of developing and underdeveloped countries. In fact, a child laborer not only lacks the basic necessities of life, but is also forced to spend a major part of the day working in inhuman and unhealthy conditions for a miserable pittance.
Children are usually force to do the adult work to support monetary facilities to their families. The working conditions are very poor and children are usually suffering from physical, emotional, and sexual abuses. Parents desire to arrange recreational facilities, medical help, rich nutrition, fine garments, decorated, adequately lighted and fine ventilated house accommodation and what not appropriate and necessary for their ever - changing flowers of life. However this can be a harsh reality that they miserably fail to arrange academic avenues, health care and even necessaries of life as a result of utter impoverishment, lack of education and unhealthy socio-economic conditions. Under this compelling circumstances when the children should have been at schools are forced to search for work in order to survive and really work in factories, shops, hotels or anyplace they get job, and parents, voluntarily but painfully allowed them to work even in industries involving hazardous, unsafe and dangerous process. In order to reduce the child labor it is necessary to study the root causes.
Child labor is a huge problem not only in India but all over the world. Child labor is extremely an important issue. Child labor is not completely eradicated in India, but as per my survey the child labor has been reduced but it still exist. Children have been driven to work for various reasons. The child labor is increased after 14 years of age because the law enables to work in non-hazardous works after 14 years of age. Child labor results in physical harm, mental harm and even to death. It can also lead to slavery, economic and sexual exploitation. The children are often subjected to violence, abuse and other violation. The parents being illiterate and ignorant are unaware of government schemes and laws and send their child to work. Children go both to school and for work. This causes them a huge burden. Child labor occurs mainly because of poverty. The families income may be too low to run their family. In order for their survival, parents or guardian send their children to work for getting their basic necessities. The parents who are disabled, unemployed or if they are employed who get low wages, are in the need to send their child for work.
The employers use children for long hours of work with low wages. The family size is also one of the issue for child labor. Large family has more needs for their survival. In order to balance the family burden the children are sent to work. Though the government has initiated steps for family planning yet there are high fertility rates which result in huge family size which compels the parents to send their child to work. Children are commanded to do more work than adults. Child labor acts as a huge barrier to education, affecting both attendance and academic performance in school.
Child labor snatches away the fun filled life of children. Children also go to work to pay their own school fees. The girl child goes for domestic work though sometimes unpaid, the burden of feeding is done to them. Girls are being pushed into prostitution as a means of survival. Working children face greater caloric demand than non-working children. Children are employed in work which requires little education or training.
Work may induce increased health investment in the working child such as:
Working in the family business is the most prevalent economic activity of children.
The problem of child labor needs to be known to all because children are the futures of India and also all over the world. Child labor is a great sin which destroys the life of childhood. The children are not meant for washing dishes and plates but for holding pens and books. All children
have some talents which should not be left unrecognized by making them to work in their childhood. The parents should sacrifice their life for the betterment of their children but should not happen vice versa.
In this article “A study of child labor in India – Magnitude and Challenges” Limaye et al, (2013) focuses on the different dimensions on the word „child‟ and focuses on Government Policy document in the 11th 5 year plan. It also discusses on the ways of eradicating child labor.1
Harry Anthony Patrinos in his article “Child Labor: issues, causes, and interventions” (1995) discusses on schooling problems which contribute to child labor, children are forced to do more work for long hours for minimum pay and stated that by establishing partnership with humanitarian organizations, the problem of working children can be solved.2
“Child Labor in India: Causes and Consequences” B.Suresh Lal (2019), highlights about the various forms of child labor and health hazards which they are facing, and also highlights on causes of child labor and diseases affecting children.3
T. Nivetha and G. Roy in their article “A study of Child Labor among school children and related factors in Pondicherry” (2005), focuses
on the percentage of child laborers among school children in Pondicherry and study the factors related to it, to compare their academic performance in the school with that of other children.4
“Child Labor: A Review of Recent Theory and Evidence with policy Implications” by Congdon Heather (2008), has stated the review some of the more recent theoretical and empirical research into the topic of child labor and to illustrate the fact that no one factor on its own can account for the phenomenon of child labor.5
Sumitha Roy, et al, In this article “An Analysis of Contributing Factors to Child Labor: A Case Study of Rajshahi City (2017) their study has captured all possible causes of child labor and also corresponding authority to demolish child labor.6
From the analysis of literature, the articles deals mainly with
The issues and concept dealt by the authors of the articles were the eradication of child labor.
1
https://www.researchgate.net/publication/261709693_A_study_of_Child_labour_in_India_
-_Magnitude_and_challenges
2
https://www.researchgate.net/publication/44820267_Child_labor_issues_causes_and_interv entions
3 https://idronline.org/a-pandemic-cannot-justify-child-labour/?gclid=EAIaIQobChMI0crv- t71-gIVhQsrCh07ngiMEAMYASAAEgJgavD_BwE
Lacuna:- There is an important area which remains to be studied, that the age for free and compulsory education should be raised from 14 to 18 years in order to get rid of child labor. There is a research gap in this area. The law also gives compulsory education upto 14 years only and does not consider the education of children after 14 years and the law allows to do work in non – hazardous work. Although law provides compulsory education upto 14 years it also allows children to do their own family business, this lacuna in law is advantage to many parents. Amendment should be made regarding the age for compulsory and free education upto 18 years and even the doing of family business should not be allowed upto 14 years of age. The law shall give to children only education upto 18years and not work to children. The penal provision are to be made stricter since the law only provides punishment upto maximum 2 years only. These points are in lacuna and are not discussed by any authors in their article.
No, child labor has been reduced to a greater extent but it has not been completely abolished. As per my survey child labor is almost not present, only a small percentage child labor is present since my survey is in this covid-19 crisis. The families suffer in this covid-19 due to financial crisis so they send their children to work. But the compulsory education up to 14 years is promptly followed by the employers and they do not make children to work. But in this covid-19 situation the children do some family business to ensure their family survival.
Children earn money in order to buy smartphones for attending their online classes and in this covid-19 crisis their parents also being unemployed with no other option send their child to work. Some children in this covid-19 situation are compelled to go for work by their parents or
guardian and even some children out of their own self-interest go to work. So that they could manage their expenses and would also help their family out of the income they earned. The children from 15 years go to shops for doing some business. They sell some products, get money and help their family. Children from the aged 15 to 18 years have interest in studies but due to their family situation they are in a position compelled to go to work.
2.) Article 24:- Prohibition of employment of children in factories:-
Prohibits employment of children below the age of 6 to 14 in factories, mines or in any other hazardous employment.
3.) Article 39;- Certain principles of policy to be followed by the State:-
4
https://www.researchgate.net/publication/45261879_A_Study_of_Child_Labour_Among_S chool_Children_and_Related_Factors_in_Pondicherry
5
https://www.researchgate.net/publication/24137885_Child_Labor_Theory_Evidence_and_ Policy
6
https://www.researchgate.net/publication/323953674_An_Analysis_of_Contributing_Facto rs_to_Child_Labor_A_Case_Study_of_Rajshahi_City
Article 39(e) - The health and strength of 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 or strength.
Article 39(f) - Children should be given opportunities and facilities to develop in a healthy manner, in conditions of freedom and dignity and childhood should be protected against exploitation and against moral and material abandonment.
1.) Section 3:- Prohibition of employment of children in certain occupations and processes:-
It prohibits employment of children in certain occupations as set forth in Part A or in any processes set forth in Part B.
2.) Section 14:- Penalties:-
Provides penalties for the employer who employs the child in contravention of section 3 with an imprisonment for a term which shall be not less than three months but may be extended upto one year or with fine which shall not be less than 10,000/- rupees but may extend to 20,000/- rupees or with both and whoever commits a like offence afterwards shall be punishable with imprisonment not less than six months but may extend to two years.
In 2009, the government of India made a move of far-reaching consequences by introducing the Right to Education Bill. The implementation of this Act at the grassroots level is a key to the eradication of the problem of child labor that has plagued India for centuries.
1.)Section 3:- Right of child to free and compulsory education:-
It ensures the right of child to free and compulsory education from 6 to 14 years.
1.)Convention No.138:- (Minimum Age)
ILO Convention No. 138 concerning Minimum Age for Entry to Employment & Work was adopted by the International Labor Conference at
its 58th Session in June, 1973. This Convention is one of the eight Core Conventions of the ILO being named to as Fundamental or basic Human Rights Conventions and the ILO has been very active in developing its ratification. Each country ratifying this Convention undertakes and accepts to:
2.)Convention No.182:- (Worst Forms of Child Labor)
ILO Convention No. 182 and the accompanying Recommendation No. 190 concerning Worst Forms of Child Labor was adopted by the ILO in its 87th Session at Geneva in June, 1999. Convention No. 182 is one of the eight Core Conventions of the ILO being named to as fundamental or basic human rights Conventions. Main provisions of Convention No 182:
For the purpose of this Convention, the term child shall relate to all persons under the age of 18.
For the point of this Convention, the term worst forms of child labor comprises:
Policy:-
The National Policy on Child Labor in August 1987 carries the action plan for tackling the problem of child labor. It envisages:
In pursuance of National Child Labor Policy, the NCLP Scheme was commenced in 1988 to rehabilitate child labor. The Scheme looks to adopt a sequential approach with focus on rehabilitation of children working in hazardous and dangerous occupations & processes in the first instance.
7
https://www.ilo.org/dyn/normlex/en/f?p=NORMLEXPUB:12100:0::NO::P12100_ilo_code: C138
Under the Scheme, after a study of child labor engaged in hazardous occupations & processes has been conducted, children are to be withdrawn from these occupations & processes and then put into some special schools in order to allow them to be mainstreamed into formal schooling system.
Legislative Action Plan for strict enforcement of Child Labor Act and other labor laws to confirm that the children are not employed in hazardous employments, and that the working conditions of children working in non- hazardous areas are balanced in accordance with the provisions of the Child Labor Act. It also demands for further identification of additional occupations and processes, which are detrimental to the health and safety of the children.
Government has also been taking dynamic steps to tackle this problem through strict enforcement of legislative provisions along with simultaneous rehabilitative measures. State Government which are the suitable implementing authorities, have been conducting systematic and orderly inspections and raids to detect cases of violations. Since poverty is the major root cause of this issue, enforcement alone cannot help to solve it, Government has been laying a lot of emphasis on the rehabilitation of these children and on enhancing the economic conditions of their families.9
M.C. Mehta v. State of Tamil Nadu and Others (or)The Child Labor Case10
Child labor is a system of employing children in economic activities on a part time or full time basis. Children employed in such activities are deprived of their childhood and it‟s also harmful for his/her physical and mental health. Child Labor is a serious obstacle in our country. In the present case, Sivakasi was taken as one of the most worst offender for violating fundamental rights of children.
Article 24 imposes a duty on the state to provide for every child below the age of 14 years with free and compulsory education. After the Unni Krishnan Case, this duty of providing free and compulsory education upto 14 years has acquired the status of a fundamental right. In this case, the Supreme Court discussed on various provisions which are prohibiting employment of children in India.
8
https://www.ilo.org/dyn/normlex/en/f?p=NORMLEXPUB:12100:0::NO::P12100_ILO_CO DE:C182
The government of India launched a major program to remove child labor working in hazardous occupations, and to rehabilitate them by setting up special schools for them. Under the program a total of 2 million children were brought out of work and put in special schools where they are provided with education, vocational training, monthly stipends, nutrition and health- checks.
Final judgment
Our constitutional makers were very wise enough to take into consideration the future of the children in India. The situation of children born in India was not good at the time of independence. Therefore, the framers of our constitution prohibited employment of children below the age of 14 years in any factories under Article 24 and also imposed a duty on the state to provide free and compulsory education of children under Article 45 of the Constitution. After the decision in the Unni Krishnan case, Article 45 acquired the status of a fundamental right. The Court acknowledged that despite the presence of such provisions in our constitution, children are still exploited and forced into child labor even after 50 years of independence of our country.
Sivakasi was considered as one of the worst region that violated these provisions by employing young children in the match factories. The court recognized that the manufacturing process of matches and fireworks is hazardous to the health of the children and may also give rise to fatal accidents. The court noted that the process of manufacturing matches and fireworks is hazardous and it might give rise to accidents. By depending on Article 39(f) and Article 45 of the Constitution, the court gave certain directions to enhance the quality of life of every children employed in the factories. The Court also felt the need of setting up a committee to look after the directions passed.
The committee has done a worthy job. It submitted its report containing the following recommendations –
9 https://labour.gov.in/childlabour/child-labour-policies
International commitments
International Labor Organization has laid down 5 main focus areas for the gradual elimination of Child Labor-
101991 AIR 417, 1990 SCR Supl. (2) 518
The Court took a look at certain ways by which the problem of Child labor can be ended. It stated that the problem of Child labor can be solved by demanding on compulsory education. Poor citizens do not send their children to schools due to financial crisis. Therefore, unless a family is provided with an adequate source of income the problem of child labor will never be solved.
Final Orders –
The court ordered to do a survey of child labor. Employment should be given to the parents. That employment can be given in the same place where their child was employed.
In cases where alternative employment is not available, the parent would be paid which would be a sum of Rs.85, 000/- for each child, monthly. The employment given or payment made will be ceased if the child is not sent by the parent or guardian for education.
It would also be the duty of the Inspectors to see that the Constitutional provision is carried out promptly.
The executive head of the district watches on the work done by the Inspectors. Further, a separate division in the Labor Department of the appropriate Government would be established. Overall watching by the Ministry of Labor and Government of India would be beneficial and worthy.
The Supreme court while giving directions to all concerned observed that large number of children a working as domestic help in the urban, town and rural areas with no chance to go to schools even though the education from standards 1 to 8 is compulsory under the right of children to free and compulsory education act, 2009. Local panchayats and local bodies should identify such children and ensure that they get proper education we are not mindful of the fact that in some household the treat the domestic help just like that children and give food, clothing and education but they are exception.
Commonly known as „Asian workers case‟, it was noticed by the Supreme Court that children under 14 years of age employed in the construction activity. It was said that construction activity is a dangerous work and it is also important that the employment of children above the age
11 (2004) 12 SCC 381s
12 1982 AIR 1473, 1983 SCR (1) 456
of 14 years must be restricted in every kind of construction task. Construction work is plainly and absolutely an hazardous work and it is open that by the ground of constitutional provision for prohibition that no child under 14 years of age can be allowed in construction work.
“The court provided that, it is the fundamental duty of a parent or guardian to provide opportunities for education to his child who is under the age of 14 years. In completion of this development in the sector of education accept it as a fundamental right, the Parliament has enacted the Right of Children to Free and Compulsory Education Act, 2009 which impart for free and compulsory education to all the children of the age of 6 to 14 years”.
A bench held that, if an individual below fourteen years of aged, is appointed, penal orders are passed against the employer under the Child Labor (Prohibition and Regulation Act) 1986 but penal order cannot be passed against the employee.
Delhi High Court determined the duties of the Commission and the Committee.
The Bench shall entertain complaints made by the domestic workers directly or by their parents, NGOs directing Child line services, the employer or the police in some cases.
The Commission shall hear the following types of cases given below
Delhi High Court directed the Government of NCT of Delhi to come out with a proper scheme to address the issue of rehabilitation of the rescued children by giving some kind of economic help so that their parents do not force or make them to work as child laborers again in order to meet with their basic needs and to supplement their income for their basic survival.
13 1994 AIR 2372
14 2006 (2) JCR 489 Jhr
15 2015(2) Scale 227
The apex court held that the every child or citizen has a right to free education until he completes the age of 14 years. The right flows from Article 21A.
Table No 1 – Awareness of the Respondents
Age Group |
Frequency |
Awareness |
|
|
|
Aware |
Unaware |
5 to 10 |
0 |
0% |
0% |
11 to 14 |
13 |
0% |
50% |
15 to 18 |
17 |
7% (2) |
43% |
Total |
30 |
100% |
Showing Awareness of the Respondents
60% |
50% |
43% |
40%
20% |
7% |
0% |
0% |
0% |
0% |
5 to 10 |
11 to 14 |
15 to 18 |
Awareness Aware |
Awareness Unaware |
Table No 2 – Reason for the respondents to work
Age Group |
Frequency |
Reason |
||
|
|
Finance |
Self |
Force |
5 to 10 |
0 |
0% |
0% |
0% |
11 to 14 |
13 |
40% (8) |
5% (3) |
5% (3) |
15 to 18 |
17 |
33% (11) |
17% (5) |
0% |
Total |
30 |
100% |
Showing Reason for the respondents to work
40% |
40% 30% 20% 10% 0% |
33% |
17% |
0% |
0% |
5% |
0% |
5% |
0% |
Finance |
Self |
Force |
Reason
5 to 10 11 to 14 15 to 18 |
Table No 3 – Educational Interest of the respondents
Age Group |
Frequency |
Education |
|
|
|
Interested |
Not Interested |
5 to 10 |
0 |
0% |
0% |
11 to 14 |
13 |
46% (12) |
4% (1) |
15 to 18 |
17 |
38% (13) |
12% (4) |
Total |
30 |
100% |
Showing Educational Interest of the respondents
Education Not Interested |
Education Interested |
12% |
15 to 18 |
38% |
4% |
11 to 14 |
46% |
0% 5 to 10 0% |
Table No 4 – Need of Compulsory Education upto 18 years
Age Group |
Frequency |
Compulsory Education |
|
|
|
Upto 14 |
Upto 18 |
5 to 10 |
0 |
0% |
0% |
11 to 14 |
13 |
8% (2) |
42% (11) |
15 to 18 |
17 |
6% (2) |
44% (15) |
Total |
30 |
100% |
50% 40% 30% |
42% |
44% |
20% 10% 0% |
8% |
6% |
0% |
0% |
5 to 10 11 to 14 15 to 18 |
Complusory Education Upto 14 |
Complusory Education Upto 18 |
Showing Need of Compulsory Education upto 18 years
Table No 5 – Need for Free Education upto 18 Years by the respondents
Age Group |
Frequency |
Free Education |
|
|
|
Needed |
Not Needed |
5 to 10 |
0 |
0% |
0% |
11 to 14 |
13 |
50% (13) |
0% |
15 to 18 |
17 |
38% (13) |
12% (4) |
Total |
30 |
100% |
Showing Need for Free Education upto 18 years by the respondents
60% |
50% |
38% |
40% |
12% |
20% |
0% 0% |
0% |
0% |
5 to 10 |
11 to 14 |
15 to 18 |
Free Education Needed |
Free Education Not Needed |
Table No 6 – Respondents going to work or both (school and work)
Age Group |
Frequency |
Children go to |
|
|
|
Work |
School & Work |
5 to 10 |
0 |
0% |
0% |
11 to 14 |
13 |
4% (1) |
46% (12) |
15 to 18 |
17 |
29% (10) |
21% (7) |
Total |
30 |
100% |
Showing respondents going to work or both (school and work)
21% |
15 to 18 |
29% |
46% |
11 to 14 |
4% |
0% 5 to 10 0%
0% |
10% |
20% |
30% |
40% |
50% |
Children go to School & Work |
Children go to Work |
Table No 7 – Overall report of the survey taken