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INTRODUCTION: Who is child? A young human being below the age
of full physical development. A child of today cannot develop to be a
responsible and productive member of tomorrow’s society unless an
environment, which is conducive to his intellectual, physical and social
health is assured to him. Child labour include children prematurely
leading adult lives. According to the Webster’s Dictionary Child Labour
is, “Employment of Children under the age of physical maturity in jobs
requiring long hours”.
OBJECTIVES : The objectives are as
stated below :
1. Rehabilitation of child labour.
2. Main streaming of child labour to formal schools.
3. A data base to be created on the number of working children and profile
of parents.
4. Carefully analyze the economic, social background of children working
as child labourers.
5. Enlightening the public regarding the evils of child labour.
6. Utilizing the human resources to the maximum possible.
7. Following the government policies regarding child labour.
NEED AN IMPORTANCE : As stated above,
neglecting children means paralyzing a society wholly. If children
are deprived of their childhood – socially, economically, physically and
mentally- the nation gets deprived of potential human resources for the
social progress, economic empowerment, peace an order social stability and
good citizenry. Child labour has started posing as one of the big problem
in India. Hence the need and importance to study child labour.
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REVIEW OF LITERATURE : The present
chapter has in its opening the definition is given by the ‘International
Labour Organisation : “Child labour includes children prematurely leading
adult lives, working long hours for low wages under conditions damaging to
their health and to there physical and mental development. These children
are some times separated from their families, frequently deprived of
meaningful education and training opportunities that would open for them a
better future”.
The review of child labour may be classified as : 1.Studies on
child labour, 2.Causes
3.Consequences and legislation.
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DEFINITION : The definition of child
labour varies under various labour enactments. According to these
enactments, the minimum age for employment varies from 14 years to 18
years.
1. Late Shri V.V Giri
defined the concept of child labour in two ways :
a. Employment of children in gainful occupations with a view to add an
income to their families.
b. Purposeful oppression and exploitation of working children leading to
deprivation of their legitimate opportunities of growth.
CLASSIFICATION AS PER THE REVIEW:
Historical aspect on Child Labour in India:
In ancient India, it was the duty of the king to educate every girl or
boy. However, no parent was punished for not sending the children to a
Guru. Its also important point out that sometimes Children even less than
8 years of age were purchased to do low or dishonorable work. Kautilya in
4th century B.C prohibited the purchase & sale of children below 8 years.
Children however assisted their parents in household activities and family
craft.
The land owners used the
labourers children to work on their farms or other economic activities.
There was out burst of enormous growth of European industry in India
especially during the mid of 19th century. It was after Industrial
Revolution that new changes started taking place. Factory type units
started opening up. Agriculture became more mechanized. Factories required
labourers. Children were employed in a large number. In early 20th
century, developing countries became conscious of the evils of this
exploitation.
OCCUPATION CLASSIFICATION OF WORKING CHILDREN IN TAMIL NADU
(Based on 1991 census)
Category Percentage of male of female % of all Child workers child workers
child workers
Cultivators 18. 78 14.46 16.70
Agricultural 40.90 53.43 46.94
Labourers
Manifacturing 4.64 8.74 6.62
Processing
Serving and
Repairing in
House hold Industry
Others 35.68 23.37 29.74
Total 100.00 100.00 100.00
CAUSES OF CHILD LABOUR : Under this
chapter an attempt is made to highlight the causes of child labour. A
number of reasons can be cited here. How do governmental policies affect
it? What role does education play in regard to child labour in India. A
critical analysis of the answers may lead in the direction of a possible
solution.
Families need money to
survive and children are a source of additional income. Poverty itself has
underlying determinants, one such determinant, being caste.Schedule caste
tend to be pushed in to child labour because of their family’s poverty.
The growth of industrial urban based production rapid rate of rural urban
migration & the parallel growth in urban adult based activities force many
child workers to be engaged. The combination of poverty and lack of a
social security network form the basis of the even harsher type of child
labour. BONDED CHILD LABOUR
ECONOMIC CAUSES OF CHILD LABOUR: For
the poor, there are a few sources of bank loans, governmental loans or
other credit sources, & even if there are sources available, few Indians
living in poverty qualify. Here enters the money lender; for an average of
two thousand rupees, parents exchange their child’s labour to local money
lenders. Since the earnings of bonded child labourer are less than the
interest on the loans, these bonded children are forced to work, while
interest on their loans accumulates
OTHER SOCIAL CAUSES :
1. Poverty
2. Parental Illiteracy
3. Tradition of making children
4. Absence of universal compulsory primary education
5. Social apathy and tolerance of child labour
6. Ignorance of the parents about the adverse consequences of child labour,
7. Ineffective enforcement of the legal provisions pertaining to child
labour.
8. Non-availability of and non-accessibility to schools,
9. Irrelevant and non-attractive school curriculum,
10. Employers prefer children as they constitute cheap labour & they are
not able to organize themselves against exploitation.
LEGISLATION ON CHILD LABOUR Article 24
of the Indian Constitution clearly states that “No child below the age of
fourteen years shall be employed to work in any factory or more or
employed in any hazardous employment”. Article 39(e) directs state policy
such “that the health and strength of workers …..& the tender age of
children are not abused & that citizens are not forced by economic
necessity to enter avocations unlimited to their age or strength.
Constitutional Provisions The
Constitution of India emphasizes the importance of improving the
well-being of children. Article 39 deals with the Directive Principles of
the State Policy which stipulates that the State shall, in particular,
direct its policy to ensure, that the health and strength of workers, both
men and women and the tender age of children are not abused and that
citizens are not forced by economic necessity to enter into vocations
unsuited to their age or strength. Also, that children are given
opportunities and facilities to develop in a healthy manner and in
conditions of freedom and dignity and that childhood and youth are
protected against exploitation and moral and material abandonment.
According to Article 24 no
child below the age of 14 years shall be employed to work in any factory
or mine or be engaged in any other hazardous employment. Article 45
stipulates that the State shall endeavour to provide free and compulsory
education for all children until they complete 14 years of age. The
Government of India in 1974 formulated a National Policy for Children
which describes children as a supremely important asset. Since then the
Government has initiated several measures to ensure that children are not
denied their rights.
ICDS The Integrated Child Development Services Scheme (ICDS)
aims at improving the nutritional and health status of vulnerable groups
including pre-school children, pregnant women and nursing by providing a
package of services including supplementary nutrition, pre-school
education, immunisation, health check-up, referral services and nutrition
and health education. The Scheme is regarded as the most important tool
for achieving the goals set in the National Plan of Action for Children to
be achieved by the year 2000.
A special intervention
under ICDS was devised during 1991-1992 for adolescent girls in the age
group of 11-18 years aimed at meeting their special needs of
self-development, nutrition, health education, literacy, recreation and
skill formation. The Early Childhood Education Scheme was started in 1982
to reduce the drop- out rates and to improve the rate of retention of
children in primary schools. India ratified the UN Convention on the
Rights of the Child on December 2, 1992 and it represents a commitment to
provide to Indian children a "First Call" on national resources. The
Supreme Court in its ruling in December 1996 provided for a number of
steps to end child labour.
One important development
has been that due to several Government initiatives there has been a
remarkable drop in the number of children working on factory floors. The
manufacturing process has been decentralised and several processes have
been shifted to homes. The glass industry of Ferozabad, pottery works of
Khurja, fireworks factories of Sivakasi and the carpet industry of
Mirzapur are some of the places which are reported to be employing
children below 14 years. Sustained efforts by the
Government and the non-Government organisations have brought in a
conspicuous change. Parents have begun to realise the importance of
education and its long- term benefits. There has been a remarkable drop in
the number of children who are employed as labour force. Still a lot of
ground has to be covered.
Remedial Measures In order to seriously combat the menace of
child labour, it is essential to implement the policies relating to
compulsory education which not only force children to attend school but
also contribute appropriate funds to the primary education system.
Children are growing up as illiterates because they have been working and
not attending school. A cycle of poverty is formed and the need for child
labour is reborn after every generation. So the benefits of different
welfare policies have to percolate to the poorest of the poor families to
enable attitudinal changes among the parents.
A UNICEF publication titled The Progress of Nations (1994) has observed
that a day will come when the progress of nations will be judged not by
their military or economic strength, nor by the splendour of their capital
cities and public buildings but by the well- being of their people; by the
levels of their health, nutrition and education, by the opportunities for
their labourers; to earn a fair reward by their ability to participate in
the decision that affects their lives; by the respect that is shown for
their civil and political liberties; by the provision that is made for
those who are vulnerable and disadvantaged and by the protection that is
offered to the growing minds and bodies of their children.
CHILD LABOUR AFTER INDEPENDENCE The
Indian constitution which came into force on January 26th 1950 laid down
special protective measures for children from exploitation. The
International Labour organization convention relating to childern’s Act
was responsible for an amendment in 1951 which prohibited Children
between 15 and 17 years to work in railway & ports. The employers were
required to maintain a register for Children under 12 tears in plantation.
Consequently the Mines Act was enacted in 1952. This act specifically
prohibited the employment of children under 15 years in mines. Adolscents
could be employed in mines upon the satisfactory of two conditions
firstly. He must have completed 16 years, & secondly, he must have a
certificate of physical fitness from a doctor.
THE CHILD LABOUR (PROHIBITION & REGULATION ACT, 1986)
This Act may be called the child labour (prohibition and Regulation Act,
1986
1. It extends to the whole of India
2. The provisions of this Act others part III
Shall come into force at once, & part III
Shall come into force on such date, is the Central Government, may, by
notification in the official Gazzette.
Definitions : 1. In this Act, unless the context
otherwise requires.
a. appropriate Government means in relation to an establishment under the
control of Central Govt.
b. “Child” means a person who has not completed his 14 year.
c. “Day” means a period of 24 hours beginning at midnight.
d. “Establishment” include a shop, commercial establishment, workshop,
farm, residential hotel, restaurant, eating house, theater.
e. “Family”- in relation to an occupier means the individual, the wife or
husband.
f. “Occupier” – in relation to an establishment or a workshop.
g. “Port athourity” means any authority administering a port.
h. Prescribed means prescribed by rules under section 18.
i. “week” means a period of 7 days.
j. “Workshop” means any premises.
The central Govt. after giving by notification in the official Gazette,
not less than 3 months notice of its intention so to do, may, by like
notification add any occupation.
HOURS AND PERIODS OF WORK
2. 1. No child shall be permitted to work in any establishment in excess
of such number of hours as may be prescribed for such establishment.
2. The period of work on each day will be fixed that no period shall
exceed 3 hours & that no child shall work for more than 3 hours before he
has had an interval rest for atleast one hour.
3The period of work shall be so arranged that inclusive of his interval
for rest, under sub-section.
2. It shall not be spread over than six hours.
4. No, child, shall be permitted or required to work between 7 pm & 8 pm
5. No child shall be required to work overtime.
6. No child shall be required to work in any establishment on any day on
which he has already been working in another establishment.
WEEKLY HOLIDAYS :
7.Every child employed in an establishment shall be allowed in each week,
a holiday of one whole day.
8. 1) Every occupier in relation to establishment in which a child was
employed or permitted to work immediately before the date of commencement
of this Act, shall within the a period of 30 days from such commencement
send to the inspector within whose local limits the establishment is
situated, a written notice containing the following particulars, namely :
a. The name and situation of the establishment.
b. The name of the person in actual management.
c. The address to which communications relating to the establishment must
be sent &
d. The nature of the occupation carried on in the establishment.
9.DISPUTES AS TO AGE : If any question arises between an inspector & an
occupier as to the age of any child especially in the absence of a medical
certificate be referred by the inspector for decision to the prescribed
medical authority.
10. MAINTENANCE OF REGISTER :
There shall be maintained by every occupier a register regarding the
details of the children employed under him.
a. The name & date of birth of every child
b. Hours and periods of work & the intervals of rest.
c. The nature of work of any child.
d. Such other particulars as may be prescribed.
11. Every railway administration, every port authority shall cause to be
displayed in a accessible place, as the case may be, a notice in the local
languages.
HEALTH AND SAFETY :
12. 1) In the official Gazette, the Govt. may make rules for the health
and safety of the children employed.
2) Without prejudice - The said rules may provide for all.
a) Cleanliness in the place of work & its freedom from nuisance
b) Disposal of wastes
c) Ventilation and temperature
d) Dust and fume
e) Artificial humidification
f) Drinking water
g) Latrine & urinals
h) Fighting
i) Spittoons
j) Fencing of machinery
k) Work at or near machinery in function
l) Employment of children on dangerous machines
m) Instructions training and supervision in relation to employment of
children and so on
13. PROCEDURE RELATED TO OFFENCES:
1. Any person, police officer or Inspector may file a complaint of the
commission of an offence under this Act in any court of competent
jurisdiction.
2. Every certificate as to the age of the child should be granted by a
prescribed medical authority for the purposes of this Act, conclusion
evidence of the child will be considered.
3. No court inferior to that of a Metropolitan Magistrate of the first
class shall try an offence under this Act.
14. APPOINTMENT OF INSPECTORS : The appropriate Government may
appoint inspector for the purpose of securing compliance with the
provisions of this Act and any inspector so appointed shall be a public
servant within the meaning of the Indian Penal Code, 1860.
15. RULES AND NOTIFICATION
TO BE LAID BEFORE PARLIAMENT OR STATE LEGISLATURE.
1. Every rule made under this Act by the Central Government an every
notification issue under section (4), shall be laid before each House of
Parliament while it is in session for a total period of 30 days which may
be comprised in one session or in two or more successive sessions and if
before the expiry of the sessions immediately following the session or the
successive sessions a foresaid both Houses agree making any modification
in the rule.
2. Every rule made by a State Government under this Act shall be laid as
soon as may be after it is made, before the Legislature of that State.
IV CHAPTER – METHODOLOGY
METHODS AND FIELDS: The data that provides the base for the finding of
the present study are gathered through an interview schedule. Keeping in
view the limitations of time, & resource under which the researcher
undertakes field work, and the type of respondents to be studied, the
interview method was preferred to questionnaire method.
METHODS OF SAMPLING: In principal instrument is used to collect
information from the field. A sample of 30 respondents was drawn from
Gulbarga city. The child labourers were selected using a proportionate
random sampling method to avoid the sample, however was, stratified on
variables like caste, age, place of nativity, mother tongue, level of
education economic position & so on
LOCATION: Gulbarga District is a part of Karnataka state in India.
Before recognition of the state, it was an integral part of Hyderabad
State in 1956 & now is an integral part of Karnataka state. Gulbarga
district is situated in northern part of Karnataka state.
ANALYSIS AND INTERPRETATION OF DATA From the analysis obtained,
here is the important data. The data has been collected on 30 part – time
child labourers working in various field of Gulbarga city. The analysis of
data mentioned below:
1) Personal details
2) Aim purpose of work
3) Educational details
4) Effects on health from work
5) Psychological effects
SUMMARY OF FINDINGS WORKING HOURS: The study has been
conducted on the child labourers residing in Gulbarga city. Systematic
analyzing of the date collection for the study has drawn out the following
findings. 67% of child labourers are male & 33 % are female. 40% of them
belong to Hindu religion & 60% to Muslim religion, 27% children reside in
their own houses & 40% in work for financial assistance, 13% work on
compulsion. 40% of them are satisfied with their work & 60% are not
satisfied. 53% are satisfied with their wages 47% are not satisfied.
Suggestions: The mobilization & greater involvement of
non-Governmental organizations in programmes for the development of
children. It is important to make the general public aware of the evils of
child labour, both hidden & overt. Educated people must avoid keeping
children as labourers.
There shoul be ephasis on primary education in a proper mode. Revise
legislation for prohibiting child labour to improve the economic standard
of families. Workshops should be conducted in the urban-slum areas to
generate a sense of consciousness among the illiterate class. There should
be an enhanced co-ordination & interaction between judiciary & enforcing
departments on child labour
CONCLUSION Childhood holds the potential and also sets the
limit to the future development of the society. How then can we continue
this evil social problem to be with us? Children are the greatest gift to
humanity. Neglecting children means depriving ourselves of a large number
of human resources. The objectives of the action plan of adjust 2000 are
to prevent children from working for wages or for a living in hazardous or
non-hazardous occupations. The state plan of action aims at eliminating
child labour in hazardous employment by the year 2005 and in non-hazardous
employment by the year 2007. In continuation of these efforts, Tamil Nadu
under the able guidance of Hon’able chief minister Dr. J. Jayalalitha, has
adopted child labour eradication as one of its top priorities in its 15
point programme for making Tamil Nadu the best state in the country in
every sphere.
ACTION PLAN FOR
ERADICATION OF CHILD LABOUR SURVEY & IDENTIFICATION OF WORKING CHILDREN
A database should be created on the number of working children & profile
of parents. A micro planning exercise should be under taken to identify
available resources and infrastructure. The survey shold be carried out by
an independent agency.
2. Rehabilitation of child labour:
The child labour should be released from work and admitted in National
Child Labour project special schools in the districts where NCLP is
functioning.
In the non- NCLP districts the child labour should be admitted in the
alternate schools proposed to run by the Education department under
SARVA SHIKSHA ABHIYANA SCHEME.
3. Mainstreaming of child labour to Formal Schools. Children to be
mainstreamed from NCLP special scools to formal schools after completion
of their studies in the special schools.
To conclude, it is the duty of every educated person like us to create
awareness about free education & child labour Act among people.
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