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.
: 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.
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.
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.
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
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
Manifacturing 4.64 8.74 6.62
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.
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 :
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.
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.
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
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
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,
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
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
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
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
b) Disposal of wastes
c) Ventilation and temperature
d) Dust and fume
e) Artificial humidification
f) Drinking water
g) Latrine & urinals
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.
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
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.